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H U M A N R I G H T S COMMISSION | A FAIR GO FOR ALL?
• one Pacific Focus Unit, with a similar approach to
The Pacific Advisory Group (PAG) that developed Nga Vaka
the Mäori Focus Units, discussed in the case-study
o Käiga Tapu, a Pacific framework for addressing family
following this section, has been established at Spring
violence, reached similar conclusions. In particular, they
Hill Correctional Facility. Named Vaka Fa’aola, the
recommended increasing ethnic workforce capability
unit is supported by the local Pacific communities and
and capacity amongst practitioners and service providers
prisoners must agree to a set of obligations before they
(including both linguistic and cultural capability), and using a
are accepted180
strengths-based, rather than deficit-based, approach. While
• the Pacific Focus Unit includes the Saili Matagi Violence
Prevention Programme. The Saili Matagi therapeutic
approach incorporates Pasifika Matua within the delivery
of group work sessions to transfer the cultural values,
emphasising conceptual similarities, the PAG were careful
to distinguish concepts between Pacific communities and
developed seven overlapping, but different, frameworks for
Pacific communities.185
beliefs and concepts that are familiar to men of Pasifika
The Ministry of Justice concluded that a policy framework
cultures.181
to address ethnic inequalities in the justice system should
While these are welcome developments, a much more
thorough evidence base needs to be developed to better
include:
• responses directed towards reducing ethnic minority and/
understand the relationship between different Pacific
or indigenous offending and re-offending, including a
communities and the criminal justice system. Statistics
broader focus on addressing the structural inequalities
already suggest that there need to be different priorities
that contribute to differential offending rates
for Mäori and Pacific services and programmes, and further
community-led research could better determine how those
services and programmes could be developed. Recent
research commissioned by the Ministry of Pacific Island
Affairs on Pacific pathways to the prevention of sexual
violence (2011),182 and community-led initiatives, such
as the Nga Vaka o Käiga Tapu (2012) Pacific framework
developed to address family violence, are steps in the right
direction.183
Developing successful responses to structural
discrimination
In 2009 the Ministry of Justice published a literature
review on bias in the justice system. The report found that
although more research and evaluation is needed, features
of successful responses include:
• including ethnic minority and/or indigenous peoples as
a central role in programme design, implementation and
governance
• adopting a holistic approach, looking beyond the remit
• process-orientated responses aimed at enhancing
cultural understanding and responsiveness within the
justice sector, increasing the positive participation of
indigenous and ethnic-minority people within the system,
and increasing government accountability through the
monitoring and publication of information related to
rates of ethnic over-representation
• policy-level responses that identify and seek to correct
the disproportionate impact of neutral laws, structures,
processes, and decision making criteria on particular
ethnic-minority groups.186
The Commission believes that a comprehensive approach
to addressing ethnic disparities in the justice system must
address systemic bias and structurally discriminatory
practices.
There is, however, no ‘quick fix’ for improving the
effectiveness of the criminal justice system and addressing
the underlying causes of the disproportionate representation
of Mäori and Pacific peoples in prisons. In addition to central
of the criminal justice system to address structural
government intervention and leadership in addressing
inequalities more broadly
systemic bias, local government and community groups
• incorporating appropriate cultural components.184
have crucial roles in preventing crime through encouraging
strong parenting models, positive peer group interactions,
providing support to at risk families and building
communities’ ability to raise neighbourhood consciousness
and address local conditions.