Australia tightens sex abuse laws

Aug 7, 2007

Customary arranged marriages for young Aboriginal girls will no longer be accepted as excuses for violence or sex abuse in remote indigenous communities, the Australian government said.

As part of a government plan to seize control of Aboriginal communities and combat alcohol and child sex abuse, Indigenous Affairs Minister Mal Brough has introduced a package of new laws into Australia's national parliament.

The laws will give the government power to take control of Aboriginal lands in the Northern Territory, place bans on alcohol and pornography, and stop courts from considering customary law when imposing penalties for violent crimes.

"No customary law or cultural practice excuses, justifies, authorises, requires or lessens the seriousness of violence or sexual abuse," Brough told parliament.

Australian Prime Minister John Howard in June declared Aboriginal child sexual abuse a national emergency after a report found abuse was widespread in the outback Northern Territory, largely fuelled by "rivers of grog", or alcohol.

The government has sent the army and extra police to the Northern Territory, where 64 remote Aboriginal communities will be placed under virtual martial law in order to stamp out violence and sex abuse.

The issue of customary law sparked headlines in 2002 when a 50-year-old man was sentenced to 24 hours in jail for having sex with a 15-year-old girl who was his promised wife. The judge ruled he was exercising his customary rights.

In some Aboriginal communities, infant children can be promised to adult men as future brides. Other communities allow people who commit serious violent crimes to be punished by being speared in the thigh.

Laws in the Northern Territory allow the courts to consider the traditional punishments when imposing sentences or bail conditions.

Brough wants the new national laws to be passed by Australia's parliament by the end of the week, and he has broad support from the main centre-left Labor Party opposition.

But welfare and Indigenous groups have condemned the government for a lack of consultation about the laws, and for its plan to take control of Aboriginal lands.

A report for leading welfare agency Oxfam condemned the plan to take control of Aboriginal lands and scrap the permits for people who want to visit Aboriginal communities.

"I could find no evidence of the proposed measures being connected in any way to child sex abuse, and concluded that there may even be some risk of exacerbating the situation if the permit system is relaxed," author Jon Altman told reporters.