Community legal education in partnership with new and emerging migrant communities
Project Objectives
Primary objectives
Within a framework which respects cultural diversity and encourages dialogue about difference the project develops community legal education programs to:
promote understanding of the Australian family law system among CALD communities
promote the ability of individuals to make informed choices
promote understanding of how to access and comply with the Australian legal system among CALD communities
Project Objectives
Secondary intended outcome
That the information shared by CALD communities regarding their own cultural, religious and legal backgrounds, their perceptions of the Australian legal system and concerns about accessing the Australian legal system be made available to legal practitioners, educators and policy officers to inform their work and enhance their capacity to work with CALD communities.
Why a dedicated project?
Divorce, property settlement, children’s living arrangements, family violence, child protection are all of community issues – just as relevant to Australian community as a whole as they are to CALD communities.
Language barriers can be addressed through interpreters.
Well established ETU (3.5 FTE staff) responsible for training, publications, updating the Law Handbook Online.
SO WHY A SPECIALIST PROJECT?
Why a dedicated project?
Laws of countries of origin are often vastly different to Australia’s laws
Learning Australian law is but one issue that recent migrants & refugees grapple with (settlement issues of housing, education, employment, language, dislocation, ongoing trauma etc.)
Laws around marriage, divorce, children, property settlement, dowries/bride prices, family violence, child protection are often vastly different in other societies. Considering that new migrants confront multiple challenges (housing, education, language, employment, trauma, dislocation, separation from family, racism), understanding Australia’s laws is but one of many issues facing refugees, humanitarian entrants and other new migrants from new and emerging communities. CLE for new migrant communities is not about adding information about laws into a blank space. It is generally about untangling. New and emerging migrant community members are often surprised that laws they lived with/under do not only not apply in Australia, and that Australian laws will sometimes be completely opposite to the laws of their countries of origin or refuge.
Project Overview
Stage One – Pilot Program
Project defined
High level sponsorship (Board of Commissioners, Director, Law Foundation)
Strategic partnership-Migrant Resource Centre & Multicultural Communities Council
Made up of representatives from key stakeholders: Multicultural Communities Council, Migrant Resource Centre, Multicultural Sa, Migrant Women’s Support and Accommodation Service, Survivors of Torture and Trauma Assistance and Rehabilitation Service, Family Court (SA Registry), SA Child Services (Families SA)
Reference Group supported project worker to:
identify CALD communities with greatest need for family law information (metro based African, Asian and Middle Eastern communities)
foster communication & relationships with priority communities
conduct consultations with priority communities
Community consultations
Consultations with 3 broad community groups (as identified by Reference Group - African, Asian and Middle Eastern communities)
Two critical outcomes:
Project’s understanding of community needs improved
Project gained trust & credibility
Community consultations logistics
Hosted at Migrant Resource Centre
Community leaders and ethno-specific community workers participated in the consultation (project revised communication methods)
Case studies to identify attitudes & knowledge around family dynamics in Australia, marriage traditions, children’s issues, separation, divorce, property settlement, mediation, family violence
Seated in groups of 4-7 to discuss case studies – one facilitator per group to clarify case studies/ explain Australian law/ record participants’ responses
NAATI accredited interpreters
Community consultations
Consultations held with aim of project learning:
participants’ traditional means of dealing with family law situations, taking into account cultural, religious and community issues
current understanding of Australian family law
information needs of each community
Key findings
Many participants felt that:
mainstream services do not respect and are not interested to learn cultural practices/experiences/beliefs of new and emerging migrant communities
mainstream services tend to group ‘Asians’, ‘Africans’ or ‘Middle Easterners’ homogenously, without thought for individual needs and complexities within groups – the participants
Key findings
general distrust of government structures and fear of being judged, misunderstood and/or further victimised (Police, lawyers, counselling & mediation services, complaints bodies)
community workers, leaders and members want to know and trust presenters/ educators/ facilitators especially when dealing with sensitive topics like child protection and family violence
concern that mainstream services are keen to consult and collect information about CALD communities, but less enthusiastic to provide appropriate services after a consultation
Key findings
mainstream services must be aware that life in Australia is very different from life in a refugee camp (from household appliances used daily in Australia being new and unfamiliar, to health/medical practices), monitor our assumptions and prejudices
when help is needed in Australia an appointment is necessary (often an alien concept)
Key findings
hunger for factual, clear and relevant information on Australian laws, regardless of how these laws might contradict religious or cultural beliefs which is
delivered in participants’ own language (using interpreters)
presented by people who are sensitive to and respectful of participants’ culture and who have some understanding of the life participants left behind in their countries of origin
Building relationships
Education programs
Education Program Methodology
Workshop form
Interactive, designed to match language skills and educational background of group
Accredited interpreters
Use of culturally appropriate fictional stories/ case studies to identify legal issues and resolutions (foster privacy of group members by avoiding individual group members’ experiences)
Participants generate culturally traditional dispute resolution options and those available through Australian legal system
Stage Two – Project Overview
Education programs continue
Increased staffing allows for more participatory models of CLE
Ongoing consultation (in CLE preparation and formal participant evaluation)
Publication of Legal Education Kit
What does the Project look like?
3 person team designs and delivers customised legal education sessions on Australian Family Law to CALD communities in SA
1 Legal Education Officer (1FTE)
2 Bi-cultural administrative officers (1FTE)
Part of the Commission’s Education & Training Unit
Four case studies
Enough is Enough
Introduction to Australian Family Law - A workshop for Shia Muslim Religious and Community Leaders
Law for Interpreters Course
Liberian Women’s Family Violence Forum
Introduction to Australian Family Law – A workshop for African community members in partnership with the African Communities Council of SA (ACCSA)
‘Enough is Enough’ The Nile Family Goes to Court
Role play staged at the new Family Law Courts during Law Week 2006, in partnership with the Family Law Court’s Adelaide Registry staff and African community workers and leaders .
Enough is Enough
Demonstrated various stages of the Family Law System, through the experiences of a fictional family of Liberian humanitarian entrants: marriage breakdown; traditional marriage counselling by community elders; intervention by a Liberian problem-solving committee; compulsory Family Court Mediation; and Interim Hearing which culminated in interim orders.
Enough is Enough
Background
CALD Project represented on the African Families and Communities Group and worked closely with Family Law Courts (SA/NT Registry) staff on their Harmony Partnerships Programme
Law Week an opportunity to engage African communities in family law education
Enough is Enough
Needs analysis with African community workers and leaders revealed
Male is traditional head of family (including bread winner) but common in Australia for role reversal common to take place as women often find paid work and become the financial provider while males may struggle to find suitable employment
Females are often overloaded with both domestic chores on top of external work
Males often feel powerless in Australia
African women call on services to educate their men about law and society in Australia
Family violence of major concern to African women
‘Bride price’ and its effect on separation, divorce, property settlement and children
In many African cultures children over 2yo remain with the husband’s family in the case of divorce
Enough is Enough
Choosing the learning method
African culture is predominantly an oral/story telling culture with printed material having limited impact
Therefore theatre education useful
Enough is Enough
Cast of African community workers and leaders contributed to the script which ensured that:
The scenario was familiar and topical
Appropriate language and cultural practices were showcased (e.g. Liberian problem solving committee)
Cast learnt about the Australian family law system (high impact considering their high community status)
Workshop with Shia Community and Religious Leaders
Background
Invitation from DIMA to educate Shia religious and community leaders on Australian marriage and divorce laws
In response to May 2006 DIMA consultation with Shia Imams who inferred that marriages and divorces are solemnized in South Australia by Imams in accordance with Sharia, but without satisfying the Marriage Act or Family Law Act
Shia Community and Religious Leaders
The CALD Project conducted a needs analysis with community leaders from the two major Shia nationality/ethnic groups in SA – the Iraqi and Hazara Afghan groups
Shia Community and Religious Leaders
Learning objectives devised with the community leaders before workshop:
understand how to complete a legally valid marriage in Australia
know the options available for resolving family relationship problems (via legal/ courts system and other)
understand how to divorce in Australian (plus difference between divorce & property settlement)
understand the options (via legal system & other) available to settle care of children upon separation
understand the basic principles of the FLA in relation to children
understand that family disputes do not inevitably have to end in court system (i.e. most families make private agreements )
know where to get legal advice, assistance & representation
Shia Community and Religious Leaders
Workshop learning method adopted, using story telling scenarios
See Shia Workshop PowerPoint handouts from page 2.
Law for Interpreters Course
The Commission partnered TafeSA Interpreters Preparatory Course to work with interpreting students from new and emerging migrant communities
Access to justice for new and emerging migrant communities impossible without good quality, reliable and accredited interpreters
Law for Interpreters Course
Alarming fall off rates of N&E community interpreters
poor pay for legal interpreting jobs
N&E communities interpreters often fled countries of origin due to legal system/ government
vastly different legal systems, court procedures, legal concepts & terms (standards of proof etc.)
Infrequent work equals drop in skills and confidence
After listening to students’ fears/concerns the project placed emphasis on practical, action based learning
Designed and facilitated moot court workshops for the course
Law for Interpreters Course
Partnership between TafeSa, Commission & SA Courts Administration Authority
Simulated exercises such as the mock trials (with magistrate generously participating) are crucial from a training perspective and particularly critical for prospective interpreters, many of whom had bad experiences with the justice system in their countries of origin.
New initiative being developed in partnership with SA state courts to do follow up training and development for N&E community interpreters
Liberian Women’s Forum on Family Violence
Previous workshop concept driven – some consequent confusion and concern
Practical information delivered via concrete examples
In partnership with SAPOL
Monthly sessions scheduled for next 3 months
African Communities Council SA Intro to Australian Family Law
What closed doors can participatory CLE open for new and emerging migrants?
Empowering through participation and quality informtaion removes misconceptions and thus reduces fear, promotes a sense of welcome, belonging, healing in Australia
Building CALD community members’ trust in institutions (police, legal aid, complaints authorities such as HEREOC) promotes a sense of safety and thus empowers
When new and emerging migrant community members discover that most traditional practices co-exist with Australian law allows for full self expression of their religious and cultural identities – very powerful part in the resettlement for people who are often still dealing with trauma
What we have learned
Credibility
Get out of the office into the community to meet people on their own ground.
Build trusting relationships. Foster trust throughout the CLE process.
Ask for feedback and keep checking that what you’re delivering is what the community actually wants and needs
One size does not fit all – be mindful of diversity of cultural practices, religious beliefs, language barriers between and among community groups.
What we have learned
Acknowledge
Be upfront - the Australian family law system is one of many family law systems throughout the world and is not inherently any more sensible or fair than any other
Speak to commitments not concerns
What we have learned
Participatory
Have the CLE be community driven and participatory
View CLE process as a loop or holographic – do not think of the final session as the outcome or ‘the moment’ of CLE
Family law is an excellent place from which to build a bridge to the Australian legal system and laws in general
What we have learned
Relevant and useful
Many people perceive the law as boring and irrelevant to their lives of problems. Ensure the CLE content is practical and relevant. That it relates directly to the community members’ lives and addresses their immediate needs. Use concrete examples.
Have participants use their own knowledge base.
Use the language of the community (you will only know this from strong community participation in the CLE development).
What we have learned
Utilise existing structures, work in partnership and pool resources (successful workshops & other events stem from partnership)
Practice Example –small groups
Case Study
You are a legal educator in a community legal centre. You are contacted by a community worker from a local community organisation funded to provide settlement support to new migrants.
The community worker notices that many of his African clients physically discipline their children, often hitting them with sticks. The community worker is concerned for the children and worried about legal consequences for the parents.
The community worker tells you about a Liberian family whose 12 year old son is having difficulty in school. He is receiving negative reports and getting into fights with other children and being disruptive. The school has told the parents and the parents are upset. They migrated to give their children a better life. Negative reports from school are viewed extremely seriously. The father attempts to remedy the situation. He disciplines the boy physically, with a stick. The school principal becomes aware of this incident and tells the parents he has made a mandated notification to Child Services. The parents are fearful the government will take their child away from them.
The community worker tells you that this family’s experiences and fears are not uncommon. He asks you to provide community legal education around child protection for his organisation’s African clients.
Describe how you would develop this community legal education.
You may wish to consider:
How would I conduct a needs analysis?
How would I define any behaviour changes that people want to achieve from the process?
