Hunter, Catherine --- "Palm Island - the Truth behind the Media Portrayal: An Interview with Erykah Kyle, Chairperson of the Palm Island Aboriginal Council" [2005] IndigLawB 37; (2005) 6(12) Indigenous Law Bulletin 16

Palm Island – the Truth behind the Media Portrayal: An Interview with Erykah Kyle, Chairperson of the Palm Island Aboriginal Council

by Catherine Hunter

Palm Island, north of Townsville in Queensland, has had a high profile in the media of late, with the death in custody of a young Aboriginal man and the subsequent uprising by the community. The Queensland Government’s response was to declare a ‘state of emergency’ on the Island, to evacuate medical and teaching staff, and to send 80 Tactical Response Group Commandos to deal with the community members. These events were portrayed in the media as ‘riots’ and the safety of the police on the Island was questioned. Also in the media, Queensland Premier Peter Beattie accused the Palm Island Council of a failure of leadership in response to the incident.[1]

As there was little balanced reporting in the media about this incident, we have sought to establish the reality of the situation on the Island and the reasons for the response of the community. While the outpouring of grief at the death of a young man and community member would have been a sufficient trigger, we wondered if there was more to the story – what were the compounding factors? Was it believed that the young man had died as a result of racism and mistreatment by police? Was the riot partly in response to the frustration of living conditions experienced on the Island?

The Palm Island Indigenous settlement was established in 1918. The original inhabitants of the area were removed[2] and replaced with Indigenous people considered to be ‘unmanageable’, including recently released criminals and single mothers with mixed-race children.[3] The Island was run as an open prison – no-one was permitted to leave, employment was limited and wages were controlled by the Queensland Department of Aboriginal Affairs.[4]

Discontent about conditions on the Island, the treatment of its inhabitants and extremely low wage rates resulted in strikes and uprisings in the 1950s and 1970s. In 1957, the Government responded with force to ‘rebellion’ and deported seven families. In 1974, the Queensland Government sacked the community council and transferred control of the Island to the Townsville City Municipality. By 1980, there was an extreme lack of housing and the unemployment rate was 99 per cent.[5]

In 1985, the Queensland Government instituted a Deed of Grant in Trust (‘DOGIT’) which gave title to the land to the community council and allowed the community to be involved in the Island’s management. Since that time, however, the Island appears to have been left without support. Much of the government infrastructure, including houses, shops and agricultural equipment, was removed.

While the DOGIT arrangement allows the Council to manage the land for the benefit of the Indigenous community, it also means that the land cannot be used as an economic base for the development of local business or private industry.[6] Few of the businesses present are owned by Indigenous people and there continues to be a 95 per cent unemployment rate.[7] This situation has been described as ‘systematic disregard’ on the part of the Queensland Government.[8] The Island has not experienced the noticeable economic development that has occurred in nearby areas of Townsville and Dunk Island.[9]

Today, the Palm Island Aboriginal Council is chaired by Erykah Kyle. I asked Erykah for her perspective on the events surrounding the death in custody of Mulrunji[10] Doomadgee and, in particular, on the portrayal of these events in the media.

Could you discuss the relations that existed between the community and police on the Island prior to this recent death in custody?

The Council has established very good relations with the police. Prior to the death in custody of Mulrunji, we had very good relations with police. The Council and the community were shocked about the death in custody. He was only walking down the road; a happy, drunk man. The question is why did they need to arrest him?

Are there other contributing factors that caused people to respond to the death in this way, for example social problems on the Island? What is ‘home-life’ for people on the Island? What about unemployment?

The Queensland Government has provided for four houses per year to be built on the Island. I have asked for 50 houses to be built this year. I was very insistent that this should be done. There is terrible overcrowding on the Island. There is an average of 17 people per house. There is huge unemployment. The Council has inherited a debt from the previous council and has been forced to go through redundancies as a result.

Do you believe it is the responsibility of the Government to remedy the lack of employment on the Island?

The Government has its own agenda. Government agencies have implemented their programs again and again but they have not consulted with the community about them. These programs have not had any positive impact. It is time that the Government was asked what they have achieved in this area. They [the community] are always being asked what their outcomes are – what they have achieved – and now it is time to ask the Government what it has achieved with its various programs.

How has the Council worked between the needs of the community and those of the State Government and Police? Has this balance been difficult?

The current Council has been very successful in that balancing act. We are very professional in our relations with the Government and police, and remained representative of the community as well. This professionalism is vital in our working relationships.

A Coronial Inquiry has been established under the powers of the Crime and Misconduct Commission to investigate the death in custody, including the circumstances of the death and the exercise of duty of care by the police force.[11] What is the current situation in relation to the Coronial Inquiry? Is the Inquiry instigated by the Government? Do the Council and the community have any confidence in the process?

The Inquiry is government-instigated, yes. We, the Council and the community, are hoping for justice from the investigation. The Inquiry is at the point of deliberating on the issue. The community are concerned regarding dates, venues and the duration of the investigation. I have written to the Inquiry to find out about these issues.

What role do you think the Palm Island community can play in addressing the social problems that exist?

Some of the problems are lack of housing, which the Council is in the process of tackling. Unemployment is more difficult to deal with. There have been suggestions that people should be taken from the Island to the mainland to work. I objected to this because there wouldn’t be any support for people there. There wouldn’t be anywhere for people to live, there wouldn’t be family and community support. The Island is the people’s home and we couldn’t have people flying in and out.

It is time the community started to address these social issues itself – services, schools and corrective services could be provided by the community. Employment needs to be generated by the community, we shouldn’t have the Government come in and make decisions about what is appropriate. Education levels are also a problem. The children are the future of the Island community and the children’s future is dependent on education. The academic level of the people needs to be increased. Schools also need to be culturally appropriate.

There has been talk of an ‘educational crisis’ – we currently have Catholic and Government schools but perhaps need to have community schools instead; culturally appropriate schools anyhow. The children are in turmoil. Our children are our last chance; education is our last chance and theirs. The children need schools where they can be secure, where they are respected and respect one another, they need a safe place for when they can have pride in their identity. We want to run our own schools but need the funding to do so – the Government isn’t going to give us funding to set up our own schools.

What about health issues?

The issue of health is similar. A young person I spoke to this morning had come in with a problem – he had been in hospital and was given a needle. He was discharged and then had to go back to the hospital because he was still in pain. The doctor said, ‘What are you doing here?’

The Deputy Chief Executive Officer and the Deputy Councillor set up an organisation looking at serious health problems and they experienced racism in that context. Anyway, political action was taken in response to our health service and Government Health Services were set up to replace the traditional health service.

* * * * *

In November last year, the Palm Island Aboriginal Council submitted an open letter[12] to Premier Peter Beattie, Aboriginal and Torres Strait Islander Policy Minister Liddy Clark, Police Minister Judy Spence, Police Commissioner Bob Atkinson and to the media in general. This letter highlighted the response by the Queensland Government and the police force to the so-called ‘riots’. The Council asked for services that had been removed in response to the riots to be restored. Medical staff, teachers and other staff were evacuated from the Island, and no fresh bread or milk was delivered.

The letter also complains of the police response to the riots as being an ‘over-reaction’ involving the presence of 80 heavily armed officers. There were reports of police raids of the homes of people believed to be involved in the events and the mistreatment of children and old people. The Council reported that, excluding the areas in which police were present in large numbers, the Island was now calm and requested the police reinforcements to be removed.

The Council’s letter also discussed the media representation of events on the Island during the riots. It requested that a statement by the Police Commissioner indicating that police on the Island had reason to fear for their safety was untrue and should be retracted. Similarly, statements by the Police Minister relating to the role of alcohol in these events should be retracted as the Council had closed the Palm Island Canteen prior to the so-called ‘riots’.

The letter also defends the Council against accusations of failing to take a leadership role in the crisis. The ‘state of emergency’ imposed by the State Government prevented more than fifty people, including three members of the Council, from returning to the Palm Island after ferry services were suspended. It also prevented the Council from making direct contact with Government and decision-makers during the crisis. The Council’s letter recommended that compensation be given to those affected by the suspension of services. It was noted that the Council was not officially informed of the status of the emergency, nor was a certificate issued according to the Public Safety Preservation Act (1986).[13]

The death of Mulrunji, and the events that took place on Palm Island as a result, have again raised questions surrounding the issues of Indigenous deaths in custody and those of Indigenous rights. The questions of fact surrounding how and why Mulrunji died are expected to be addressed by the Coronial Inquest which was re-opened today, 2 August, having been suspended due to claims of bias in relation to the Queensland Coroner, Michael Barnes.[14] Legal questions regarding the situation or policies that led to the arrest of Mulrunji, and ultimately to his death, also need to be answered.

In relation to the broader issues of the economic and social conditions of those who live on Palm Island, this must be viewed as a significant factor in sparking the recent outbreak of frustration and violence. Andrew Boe, whose law firm is appearing for the Council at the Inquest, has said that ‘to view the social and economic problems on the Island as the fault of those living there would be tendentious’. Appropriate economic and social policy change should be identified and implemented in consultation with the Palm Island Aboriginal Council as the existing elected representative body. The death in custody and the subsequent uprising must, finally, lead to the recognition and protection of the rights and needs of the Palm Island community by the Queensland Government. It is hoped that the media focus will ultimately have such a positive impact.

[1] Judy Spence, Premier Calls for Palm Island Council to Show Leadership (2004) Alternative News Network <http://us.altnews.com.au/drop/node/view/1354> at 16 June 2005.

[2] Andrew Boe, Palm Island ‘Something is Very Wrong’ (2005) Boe Lawyers <http://www.boelawyers.com.au> at 10 March 2005, 3.

[3] Dave Riley, A History of Palm Island (2004) Green Left Weekly (2004) <www.greenleft.org.au/back/2004/610/610p4b.htm> at 5 April 2005, 1-2.

[4] Ibid.

[5] Ibid.

[6] Ibid.

[7] Ibid.

[8] Boe, above n 2, 1.

[9] Ibid.

[10] Under court order, the man can only be referred to by his tribal name, Mulrunji. ‘Palm Island Man ‘Drunk and Resisted Arrest’, Inquest Told’ (2005) Sydney Morning Herald (Sydney) <http://smh.com.au/articles/2005/08/01/112274573.html> at 2 August 2005.

[11] Les Malezer, Foundation for Aboriginal and Islander Research Action (FAIRA), Stop Black Deaths in Custody (2004) Project SafeCom Inc <www.safecom.org.au/2004/12/palm-island-will-indigenou_110241176499531832.htm> at 28 November 2004.

[12] Erykah Kyle and Vince Mundraby, Open Letter from Palm Island Council Aboriginal Council to the Premier (2004) Project SafeCom Inc. <www.safecom.org.au/2004/12/palm-island-will-indigenou_110241176499531832.htm> at 28 November 2004.

[13] Public Safety Preservation Act 1986 (Qld) s 12.

[14] Above n 10, 1.