PRIVATE SECTOR AND COMMUNITY INVOLVEMENT IN SYSTEM THE CRIMINAL JUSTICE. Ralph Flavell

Transcription

1 PRIVATE SECTOR AND COMMUNITY INVOLVEMENT IN THE CRIMINAL JUSTICE SYSTEM Ralph Flavell The British People MANY YEARS BEFORE CHRIST THERE WERE PEOPLE IN ENGLAND WHO LIVED in a tribal structure similar to the Maori and Chinese of today (the Iwi, the Hapu, the Whanau, the Pa; Communal living). These people were conquered five times and during these times other cultures influenced their way of life and through inter-relationships were born themselves with other bloods. Through all of these times, the seeds of the original people were passed on to survive today. Although the blood is mixed the seed lay protected. The British people did not like being taken over so they took the offensive and went out to the world to conquer others rather than wait to be conquered: in the modern times of significant history, the Crusades and then many years later the British Empire. Although the British Empire today has waned, one must take heed to a nation that took the courage to survive. Some tell me that the British have no culture, but that is not true. Why is it that we no longer sit on the floor to have a meal? We have a set platform to eat from, we have another platform where we can sit down to enjoy the higher platform. Yes, the British have a rich culture and should be proud of it. The Maori too have a culture, shaken, but it has survived and grown stronger each year. It is unlikely that the Maori will go out and conquer the world, but it is likely that Maori will be able to teach itself and especially the young people its own culture and in so doing get a firm base from which to truly be happy in life. Although efforts are made to revive the language and Tikanga Maori, it has still a long journey ahead and many mountains to climb. At an early age we have our Kohanga Reo and Kura Kaupapa Maori, and from this point scattered efforts through self or government programs.

2 Community Involvement in Prison Programs Maori and Pakeha inmates that take up the culture will be advantaged and that step ahead of many others roaming aimlessly free. Maori Leaders I wish to introduce you to several Maori leaders of past and present and to their writings and actions left for all of us, that we might hold fast their deepest meaning and take action into the future. The first leader climbed to an advantage point and looked down upon the lands of Waikato. His name was King Tawhiao and his lament: I look down on the valley of Waikato as though to hold it in the hollow of my hand and caress its beauty. Like some tender verdant thing I reach out from the top of the mountain Pirongia as though to cover and protect its substance with my own. See how it bursts through, the full bosom of Mangatautari and Maungakawa, hills of my inheritance. The river of life, the Waikato, each curve more beautiful than the last, across the smooth belly of Kirikiri Roa. Its gardens bursting with the fullness of good things. Towards the meeting place of Ngaruawahia, there on the fertile mound I would rest my head and look through the thighs of Taupiri, there at the place of all creation. Let the King come forth. This is a beautiful lament for us all: a vision, a reality, a focus. How unfortunate it is that many Maori visit their Marae or another local Marae, only when life's breath is taken away on death and to rest their head and look through the thighs of Taupiri or towards the ascent of Hikurangi, of Maungapohatu, of Ruapehu, of Taranaki, of Aorangi and of many others on their journey northward to meet their new life. How sad it is today that many young Maori do not know their Waka, Iwi, Hapu, Marae and have not placed a foot on their Marae, their Turangawaewae. Many of these people are in penal institutions. Are we to become sorrowful and mournful of course not. We must be positive, active responsive, and work together to ensure inmates have the opportunity to learn Maoritanga. Stand a Maori on his feet, give him direction and the tools to work with, and you will win a lifelong friend to come to your aid. There must be greater opportunity and freedom for Maori inmates in prisons to gain cultural knowledge. Yes, there are other things that they must learn as well, but what is asked here is for prison managers to be favourably disposed of time to enable Maori inmates to learn about themselves. 290

3 Involvement in the Criminal Justice System It is imperative that the community take active part in providing support and expertise in this learning. Is it essential that a sincere, compatible and supportive working relationship is struck and maintained between the community and the prison, firmly embraced and supported by higher authority. The inmate cannot be fully enhanced unless the spiritual concepts of the Maori are included in the learning process. Spiritual concepts include the beginnings of time, the environment, the elements and Wairua. There are spiritual concepts in all things Maori, in Te Reo, Tikanga, Waiata, Haku, Taiaha, weaving, Kai and many others. This knowledge imparted, gains an ear, an eye, a touch, a smell and a taste which nourishes the mind, which feeds the body and in turn, uplifts the heart. You feel and see things more clearly and your thoughts and attitudes change, and when this happens you have arrived at the doors of your spiritual self-awareness Maori (I do not talk of a religion). Visits to local Marae by inmates is encouraged and better still, to visit a Marae or several Marae that the inmates belong to, taking with them their own Whanau. Visits are a chance to get out of prison for a day or several days and this is taken advantage of and there is nothing wrong with that because when your feet cross the spiritual line of Papatuanuku, the Marae, Maori know their place and Tikanga begins. Let us all like Tawhiao look down the Valley and see the cultural beauty and how that beauty can bring positive results for our Maori people in prisons. Let us not cry, but breach the gap before the offence, then after the offence and before the prison. Let us follow it through into prison and continue to breach the gap out of prison. Let all who participate hand it on to others. This means more trust, resources and finance to the community to get the job done successfully and bring about change and positive Maori result. The focus for Maori inmates for positive results is to learn themselves, their own culture to learn Te Reo Maori, Tikanga Maori and to be taken to their own Marae and received by their own people is but a magnificent step forward. In many cases their own close Whanau have not been to their Marae and there will be occasions when the inmate's Whanau will join the visit. To all here doing this work or even thinking about doing it, I breathe deeply and know that I live: The river of life, each curve more beautiful than the last, across the smooth belly of Kirikiri Roa, its gardens bursting with the fullness of good things. Look deep within yourself and see a culture with difficult times ahead, striving to hold fast its river of life. Place yourself on each curve of the river and help to make each one more beautiful than the other, endeavouring to successfully nourish what was once a tender plant, to again grow and stand tall in the garden of Aotearoa. We must do this together. Never in the history of our country has there been a more common or profound conviction that we are all necessary to one another. 291

4 Community Involvement in Prison Programs Any attempts to separate us into racial components is to court disaster and must be resisted will bring but one stepping stone towards breaching a human gap consisting of harmony, peace, understanding, tolerance and respect of fellow human beings. We must recognise the way ahead for Maori inmates through well planned and well delivered Maori Wananga of learning by Maori to Maori in a non-threatening environment. The Wananga must be constant over many years of sentence and this knowledge shared with the community. We must realise the fact that the community have a large part in this learning and resources need to be made available to them. Come Forth the People I wish to introduce you to a Maori leader, a husband, father, farmer, political aide, adviser on Maori land issues, an orator of immense standing, a kind compassionate and caring man, who followed a well considered path for the whole of his rich and varied lifetime. This was the late Eruera Kawhia Whakatane Stirling. Sir Eruera said: Maoritanga is not action songs or Haka It is holding fast to the treasures of your ancestors land, Marae, Pa, mountains, rivers and returning in spirit to the minds of your forebears. It is not a light and easy thing, but a difficult treasure, and heavy to carry. Knowledge or Matauranga is a blessing on your mind. It makes everything clear and guides you to do things in the right way and not a word will be thrown at you by the people. It is the person that goes with spirit, mind and heart, believing in all these things, who will climb to the high summits of leadership. The summit of leaders can be reached, not all at the same time, but the warmth of footsteps from those that have reached the top and have moved on is felt by those yet to come. The way of a leader is to take part in decisions, planning and be responsible to get the job done. This conference is the springboard coming to grips with providing much wanted Maori input at all levels within the justice system, in policy making, decision making, in training delivery of Maori Wananga in all existing prisons including privatised prisons (which will be referred to later). A more professional approach to selecting Maori people to deliver the Wananga is essential with emphasis on getting the right person/persons that will successfully achieve positive results. Do we get anywhere bouncing up and down on the springboard? Of course not, we have to dive in and usually it is at the deep end. The Maori must have strong, dedicated Maori leaders with positive attitudes not afraid to confront the negative issues of today. They must lead and be firm in the prison yet understanding and approachable. 292

5 Involvement in the Criminal Justice System Many inmates are natural leaders but need to be trained and encouraged to impart their knowledge and participate in decision making. Leaders are required at all age levels and in all situations. Maori need Maori leaders on the streets, in the home, at work, on the Marae, in prison, out of prison, in departments, in Parliament. Leaders, in and out of prison, providing learning, need to have instructional skills, knowledge of and speak Te Reo Maori, have an overall knowledge of varying tribal Tikanga, able to plan and administer Wananga, able to negotiate and take initiative and able to listen. Maori cannot do it on their own, they need their Pakeha brothers and sisters to support their cause. It is a combined effort to get the result needed. Learning is not aimed at high academic achievement but is aimed at high cultural self-awareness and inner achievement. It is extremely important that inmates have input into learning, and that their leadership qualities are identified, nourished and given opportunity to be practised. Inmates can contribute to the design of a Wananga as well as teaching it. It has been done before with great outcomes; however, it is not generally accepted. This is a step forward to success by allowing the inmate to participate and contribute to putting Wananga together and then take an active part using their skills identified by the Kaiako. Let us together build for the future on the kinship of blood (your blood and my blood) in common concern, understanding, commitment, through fellowship accepting both our pasts, that enrich the mornings that we awaken to and consolidates the many attributes, skills and knowledge that you and I have to look into the future for the betterment of Maori inmates to achieve positive results and be successful in self and in life. Waiata: Twine I now would like to introduce you to the late Sir Apirana Ngata. Sir Apirana conversed with a child and said: E Tipu e rea, mo nga ra o tou ao Ko Touringa ki nga rakau a te Pakeha Hei oranga mo tou tinana Tou ngakau ki nga taonga a ou tipuna Hei tiketike mo tou mahunga Ko tou wairua ki te Atua Nana nei nga mea katoa There are several versions of interpretation. One is: Grow up oh tender plant, for the days of your world. Your hand to the tools of the Pakeha for the welfare of your body. Your heart to the treasured possessions of your ancestors, as a crown for your head, Your thoughts dedicated to God, the creator of all things. 293

6 Community Involvement in Prison Programs Quote: Your heart ever mindful of the treasures of your forebears. Once again a direction to be in tune with your Maoriness and culture. Quote: Your hand to the tools of the Pakeha for the welfare of your body. A physical direction necessary of this time and future to survive. Quote: Your heart to the treasured possessions of your Ancestors. A spiritual direction and the very essence upon which Maori is based. Our previous leaders, King Tawhiao and Sir Eruera Stirling and now Sir Apirana Ngata, have all pointed the way for Maori, including Maori inmates, yet many fail to accept the fact that the way back for Maori is Maori. The way back for Maori inmates is Maori. Few Maori will deny this; however, it is known that at some stage in their life they will have to confront it and that is what is happening in the community today. The Maori inmates also learn the tools of the Pakeha necessary to survive and to exist. Knowledge and skills of living, technical machinery and of service, are all important in today's world. Finally, let me introduce you to a lady of great vision and strength, recently departed from us her name is Ana Tia: E Rangatira, Kaumatua, Haere Haere Haere Haere Kite matua nui i te rangi Haere ki te Kaianga e nana koe e homai e nana koe i tiki mai moe mai ma te Rangimarie In the full time of life, there is no time for self-pity and vain regrets: time only for striving, achieving and high endeavour. Underlying all the widespread discontent, is the confident belief that one of the classes of conflicting desires, aspirations, interests and ambitions, will hopefully be addressed in its entirety. We the people, including our inmates will emerge united, happy and more certain of the future. Our progress in setting the cultural platform from which Maori inmates may take up challenges of learning and settled life, will be judged ultimately by those that mean well but may not have the essence of the treaty of Waitangi nor the value of Maori, and therefore we together assembled here and in particular all New Zealanders will be counted in accordance as we do well or ill in this matter. I would like to demonstrate to you and at the same time take you on a journey of who knows best. 294

7 Involvement in the Criminal Justice System Who Knows Best? Focus on Maori inmate gives a positive result. To gain a positive result is to gather the best information possible from those that are closest or living the scene to enable best decisions to be made to achieve the best possible results. There are three types of people that come into our community to tell us what to do. Let's call the first person Mr Shaker. Mr Shaker is a person who comes from outside the community into this one to tell us what to do and how we will do it. He comes in and shakes the community up. He says this is what's best for you. He has probably got a flash expensive car, $100,000 a year, all the perks, a good job, has never been unemployed or in financial difficulty but knows all about unemployment. We have another character, say a lady called Ms Feeler. She comes in from outside, and feels around the community. She does not know the community. She feels her way around, has a general appraisal, not sure of the community. We have another character, say a man called Mr Insider. He does not have to shake or feel because he is already there, and so he knows what the situation is. Who knows best? (WKB) WKB About unemployment? WKB About a woman in court with three children, seeing her partner sentenced to three years prison? WKB A woman alone for three years looking after children in tough financial conditions? WKB About certain communities and their situations? WKB The ways to stand our people up and lead Maori back to Maoridom? WKB How to deal with Maori inmates? All these questions I have asked experts come along and tell us who knows best. Have we bothered to ask Maori about their need? "Who knows best?" What happens when Mr Shaker comes in? You get all shaken up and you get bruised, hurt, angry. What happens when Ms Feeler comes in? She tokens around, Wha Wha around, hurts people, breaks promises people get angry. What about a person who comes from within their own environment? That person, the Insider, is able to clearly identify the living truth. The focus on positive results for Maori inmates: they must be heard and be able to contribute to training or Wananga. The inmates are the Insiders. You can try it out yourself by simply using this guide. Mr Shaker (hear, weight). (Cannot see or feel). 295

8 Community Involvement in Prison Programs Ms Feeler (touch, shape, weight). (Cannot see but can feel). Mr Insider (see, touch, hear, smell, taste). (Can see and feel). This is : What am I? What are you? Privatised Institutions There is good news and bad news. It is good news if these institutions have Maori executives that are decision making, policy making, responsible for Maori learning Wananga, its conduct and result. It is good news if these institutions are directed to have Maori community representation. It is good news if these institutions have Maori staff. It is bad news if the dollar becomes the main issue and the inmate becomes the non issue. It is bad news if our Maori people are treated like Aboriginal people in Australia, Blacks in America or Asians in Asia. It is bad news if these institutions are managed by people that do not know what the Treaty of Waitangi is all about. Managers of these institutions from other countries bring with them their life experiences which may not suit the life of Aotearoa. These points may appear to you as insignificant and readily excused by scenario; however, it is very likely that this will happen unless Maori representation is secured. The focus on Maori inmate positive result in this area will depend on the observance of the Treaty of Waitangi and the sincere commitment by all in the institute to ensure Maori inmate success. Recommendations Focused on Maori inmate positive results: 1. That all Maori inmates be given the opportunity to have input into Wananga programs of learning. 2. That all Maori inmates be serviced by learned Maori people with knowledge and skills of Hauora (Maori health) Arangapai o te Tangata (a good direction for the people) and Arahanga (leading skills and act of leading). 3. That all Maori inmates be given more opportunities through organised time to visit and stay in a Whanau situation at the Marae observing all rules and restrictions set by the people of the Marae. 4. The Wananga learning at various times include the inmate's family, parents, grandparents and extended Whanau. Facilitated by the Elder or an Elder supported by learned Maori people based on Kaupapa Maori. 296

9 Involvement in the Criminal Justice System 5. That Maori community programs held in the community be supportive of and staircased with programs held in the prison and vice versa. 6. That Wananga learning besides cultural learning, include Maori leadership and heavy manual work. 7. That the government consider financing three learning places in the form of Maori architecture sited within or nearby three selected prisons of Aotearoa. These learning places would function as a Marae incorporating strict Maori protocols only and unchangeable by legislation. 8. That privatised institutions have by right, Maori decision makers in the functioning and management of institutions and that all Wananga learning is sanctioned by Maori and that 50 per cent of staffing be Maori. 9. That the government set aside finance to train Maori to work within prisons and that this training include all aspects of training including the Treaty of Waitangi as well as daily routine tasks in the management, control and function of the institution. Conclusion We must be prepared to change our own thinking and attitudes. We must disregard the superficial for the substance and realise that during the period of reconstruction and recovery, there is only one standard demanded by our beloved country and that is the one that will restore respect for each other, happiness, security, prosperity and a unique caring New Zealand. Cultural progress must move abreast, with our material welfare and not in tandem as at present. In the end the good that is old will be preserved and the good that is new will be added to it. Positive results for Maori inmates is in its culture. A culture rich in spirit and in life. A culture that enhances today's mind, body, spirit and Whanau, a culture necessary to all Maori to make change and stand tall. The fruits of culture training, of Maori inmates in prisons, continues after and into the future. I ask everyone to spend time with your families, your loved ones and to say to yourself "Who am I?" and then to say... "I am because I am". He po i moea a night has been slept Kua oho ake ki te ao we awaken to the dawn Kei te hurahura te ata the morning is unfolding 297