First Nations Consultations For the Australian Human Rights Commission 4.1.2 Western legal system Systemic racism is a pervasive experience described by First Nations people in contact with Australian criminal legal systems. It is connected to a severe and widespread lack of comprehension of the intergenerational impacts of colonisation, trauma, grief and loss, and a lack of resourcing and support for community-led and culturally safe services. A crucial factor in the success of anti-racism initiatives is recognising the cultural disconnect between the Western-designed legal system and First Nations ways of knowing, being and doing. This disconnect prioritises the dominant culture and creates barriers to fair and equitable outcomes for First Nations people. Cultural ways of knowing, being and doing should be acknowledged and embedded to remove barriers and improve outcomes. Some of the key areas of disconnect highlighted by participants included the lack of recognition and acceptance of complex kinship systems. This disconnect especially impacts on experiences of communication and information sharing, particularly when related to privacy and confidentiality. Australia's legal system aspires to be neutral and objective, yet concepts of race have profoundly shaped both the laws themselves and how courts interpret them. This was reported on by many people who were consulted throughout the in-person community and service provider consultations as one of the greatest challenges for anti-racism strategies. 4.1.3 Sector and service delivery context Racism is deeply embedded in the policies and practices of institutions, making it impossible to address through individual efforts alone. Systemic changes are imperative to dismantle these deeply ingrained biases. Sector based consultations identified the unique and specific ways in which systemic racism is evidenced throughout the education, health and justice sectors at a service delivery level. This context is important to consider in the development of anti-racism initiatives to determine transferability and measurability. Education Sector: In the realm of education, systemic racism is evident through the exclusion of First Nations perspectives in the curriculum, biased disciplinary actions against First Nations students, and the underrepresentation of First Nations staff. Participants noted that First Nations history is frequently overlooked or misrepresented in school curriculums, perpetuating ignorance and prejudice. There was a strong advocacy for comprehensive curriculum reform to inclusively integrate First Nations voices and histories. Curriculum reform, hiring practices, and disciplinary policies require comprehensive overhauls to foster a more inclusive and supportive environment for First Nations students and staff. Systemic reforms must include First Nations voices in decision-making processes at all levels, ensuring that policies and practices genuinely reflect the needs and perspectives of First Nations communities. This includes integrating First Nations history, culture, and knowledge into the curriculum, and actively recruiting and retaining First Nations educators and administrators. An Anti-Racism Framework: Voices of First Nations Peoples Page 45

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