Night Patrols (‘patrols’) are a uniquely Indigenous Australian form of community self-policing. Patrols do not fit neatly into established paradigms of ‘policing’ emanating from the Global North. They are not part of the apparatus of the state police, nor do they offer commodified private security services and, unlike mainstream police, they cannot legitimately call on a reservoir of coercive powers to ensure compliance. In this article we sketch out what we describe as the ‘contested space’ of Indigenous self-policing, as represented by patrols, through a post-colonial lens, paying particular attention to the role of Indigenous women’s agency in creating, nurturing and sustaining night patrol work within an Indigenous ethics of care and notions of well-being. Drawing on international critical post-colonial scholarship we tease out the links between patrol work and broader expressions of sovereign power embedded in Indigenous law. Our key contention is that there are learnings from the Australian experience for other post-colonies, where there are kindred debates regarding the balance between Indigenous and colonial systems of justice and policing. We highlight the experience of patrols in the Northern Territory (NT) where the policing of Indigenous space and place have become a key priority for the Australian Government after a major focus on issues of child abuse and family violence.
{"title":"'If Those Old Women Catch You, You're Going to Cop It': Night Patrols, Indigenous Women, and Place Based Sovereignty in Outback Australia","authors":"Harry Blagg, T. Anthony","doi":"10.2139/SSRN.2583534","DOIUrl":"https://doi.org/10.2139/SSRN.2583534","url":null,"abstract":"Night Patrols (‘patrols’) are a uniquely Indigenous Australian form of community self-policing. Patrols do not fit neatly into established paradigms of ‘policing’ emanating from the Global North. They are not part of the apparatus of the state police, nor do they offer commodified private security services and, unlike mainstream police, they cannot legitimately call on a reservoir of coercive powers to ensure compliance. In this article we sketch out what we describe as the ‘contested space’ of Indigenous self-policing, as represented by patrols, through a post-colonial lens, paying particular attention to the role of Indigenous women’s agency in creating, nurturing and sustaining night patrol work within an Indigenous ethics of care and notions of well-being. Drawing on international critical post-colonial scholarship we tease out the links between patrol work and broader expressions of sovereign power embedded in Indigenous law. Our key contention is that there are learnings from the Australian experience for other post-colonies, where there are kindred debates regarding the balance between Indigenous and colonial systems of justice and policing. We highlight the experience of patrols in the Northern Territory (NT) where the policing of Indigenous space and place have become a key priority for the Australian Government after a major focus on issues of child abuse and family violence.","PeriodicalId":440267,"journal":{"name":"African Journal of Criminology and Justice Studies","volume":"88 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2014-11-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114407515","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Small arms’ trafficking is complex and involves a host of actors. As numerous court documents, transcripts, United Nations and NGO reports have revealed, many state institutions play a prominent role in the facilitation of, complicity in, and implicit involvement in black and grey arms trafficking. We suggest that if we are to consider the vast number of actors involved in the trafficking of small arms, the issue of controls is highly problematic, given the extent of limited applicable international legal doctrines, such as joint criminal enterprise, criminal organization, or collective criminality. Furthermore, there are broader political issues that hinder efforts of control as highlighted by the state crime literature, including issues of enforcement, political will and states’ positions to hinder the advancement of levels of accountability for their own behaviors. Consequentially, our focus here is not to empirically test the etiological factors of states complicit or implicit involvement in arms trafficking, but instead to move the discussion forward to broader theoretical and juristic issues associated with efforts to control arms trafficking. If the goal is to reduce illegal arms trafficking (and subsequent numbers of civilian deaths) policies and controls must be based, not only on the immediate or apparent actors, the role of states in the facilitation of this type of crime.
{"title":"How States Facilitate Small Arms Trafficking in Africa: A Theoretical and Juristic Interpretation","authors":"D. Rothe, Jeffrey Ian Ross","doi":"10.2139/SSRN.2427762","DOIUrl":"https://doi.org/10.2139/SSRN.2427762","url":null,"abstract":"Small arms’ trafficking is complex and involves a host of actors. As numerous court documents, transcripts, United Nations and NGO reports have revealed, many state institutions play a prominent role in the facilitation of, complicity in, and implicit involvement in black and grey arms trafficking. We suggest that if we are to consider the vast number of actors involved in the trafficking of small arms, the issue of controls is highly problematic, given the extent of limited applicable international legal doctrines, such as joint criminal enterprise, criminal organization, or collective criminality. Furthermore, there are broader political issues that hinder efforts of control as highlighted by the state crime literature, including issues of enforcement, political will and states’ positions to hinder the advancement of levels of accountability for their own behaviors. Consequentially, our focus here is not to empirically test the etiological factors of states complicit or implicit involvement in arms trafficking, but instead to move the discussion forward to broader theoretical and juristic issues associated with efforts to control arms trafficking. If the goal is to reduce illegal arms trafficking (and subsequent numbers of civilian deaths) policies and controls must be based, not only on the immediate or apparent actors, the role of states in the facilitation of this type of crime.","PeriodicalId":440267,"journal":{"name":"African Journal of Criminology and Justice Studies","volume":"5 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131321217","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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