Assignment on Indigenous Culture in Business

Running head- Indigenous culture in Business
Indigenous culture in Business
Name of the Student
Name of the University
Author Note

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To: Company Executive
From: A Student, Company Risk and Compliance Officer
Subject: Case Study: Ethical Compliance and Improvement
Summary
There lies a severe issue with the Indigenous Australians people such as the
Aboriginal and Torres Strait Islander people of Australia. These communities are both being
condemned of misconduct and confined at an extra noteworthy degree. So being over
characterized as fatalities of wrongdoing in Australia. The state and the federal governments
made abundant platforms and actions to tackle this matter, but despite the rules and
legislation, there remains intense discrimination against this community even in custody. This
over illustration imitates the total racism that affects the community and the functioning of
the authority at a very high rate. The whole population has been disturbed, with the issues
regarding the brutality that the community faces during the custody and the ineffectiveness of
the government agencies to conduct a proper analysis of the death occurring in custody. This
case study further emphasizes the discrimination that the Aboriginal community faces in
custody, showcasing the case and provide an alternate measure to provide a solution.

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Introduction
The aboriginal and Torres Islander people have resided in Australia for more than
65,000 years. Following colonization towards the development of the new area, Australian
society has faced inherent racial discrimination against the indigenous population. They are
continued to be the subject of the community arrogances towards them and the racist
governmental policies (Koch and Terina, 2003). Not only that, but it also signifies the
negligence of the Government as well as the noncompliance of the laws that forbid such
racial discrimination. For example, in the year 2016 death incident of the Aboriginal Islander
in custody was an example of such breach of the Racial Discrimination Act, 1975. The
primary aim of this study is to identify the critical issues of the case of “Mr. Ward” and
understand the importance of respecting the Aboriginal Islander culture and protect them
against such discrimination. Further, the action taken by the company is mentioned in the
brief of the case.
Findings
The case study of the death of “Mr. Ward” was a respectful “Ngaanyatjarra
Aboriginal Elder” and also a leader who had symbolized the aboriginal people at
international, national, and state levels. In the year 2008, on January 27, Mr ward died due to
the heatstroke that he suffered. This incident occurred in the “rear pod” of a transport vehicle
of the prisoner that was (Gee et al, 2015). The demise occurred during a journey of 4.5 hours
from “Laverton to Kalgoorlie” situated in remote parts of Western Australia (WA). The
temperatures outside that day were more than 40 degrees Celsius. On arriving at the
Kalgoorlie hospital, it was seen that Mr. Ward had a massive blister on his stomach due to the
contact with the metal surface of the pod that was of more than 41 degrees Celcius

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(Als.org.au, 2020). The death of Mr. Ward highlights the discrimination that the Aboriginal
face inside the custody and the issues that arise due to the rejection of bail, inhuman
condition of the prison transport, by over-policing, lack of proper training of the officials,
lack of the supervisors supervising the contractual duties present in the transport companies
of the prison. It was seen that the JP accepted oh having inadequate knowledge and unaware
of his duties and responsibilities as he was unaware of the fact in order to grant bail, it shall
be expressly asked to the accused. The further findings were evident about the fact that this
was due to the inadequate training provided to the aboriginal people residing in the remote
areas. Even in the findings, it was evident that conditions in the transport provided to the
aboriginal people amounted to inhuman and degrading conditions of the treatment to the
aboriginal people that was a breach of human rights. Even the police investigation upon the
death of the aboriginal people was not satisfactory as the investigation procedure should have
been. This signifies that there was clear discrimination made to the aboriginal people due to
the institutional racism as it was not because he was that person, but it is evident from the
finding that such discrimination persists to even the officers as they do not even have
complete knowledge. This signifies that racial discrimination was because they belonged
from the aboriginal groups of the society.
Discussion
The case study of Mr. Ward has a significant impact on understanding the impact of
the treatment and the discriminations that the aboriginal Islander people face. At first, Mr.
Ward was denied bail by the police officers as they have failed to provide the actual
prescribed materials to him. This incident suggests that there is a breach by the police officer
regularly and denied many rights by the officers just because they were of this community
that faced much discrimination in the society through having equal rights (Australian Institute

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of Aboriginal and Torres Strait Islander Studies, 2020). Even Mr Ward was denied to get a
legal representative that was against the rights that they should inherently have. Not only that,
even it was evident that he was purposely denied for the bail that was his right. It was seen
that the JP even did not have any proper knowledge about the duties and responsibilities as he
accepted that he had never known about the fact that he requires to consider the procedure of
the bail grant until it is expressly inquired by the accused. From that fact, it was evident that
there was a lack of inequality that was granted to the aboriginal people residing in the remote
areas.
Further following the death of Mr. Ward, it was evident that the conditions of the
transport provided to aboriginal islander people amounted to the vicious and humiliating
treatment was a breach to the right of the average human conduct. Following the procedure of
the police investigation procedure for the aboriginal people was also inadequate. Hence it is
evident that there were undoubtedly some faults remained due to the discrimination that was
faced by the not only to Mr. Ward but to the whole community of the aboriginal people that
they faced. There persisted the racial discrimination that the community faced despite the
rules and the regulations prohibiting such discriminations (Bielefeld, Shelley, and Jon Altman
2015). There was the racism that persisted upon the community, which was made evident and
clear through this case relating to the death of Mr. Ward in custody.
Recommendation
1. The Australian Government, in discussion and corporation with the community of the
aboriginal People, shall yield instant strides to evaluate the commendations of the “The Royal
Commission into Aboriginal Deaths custody,” to recognize those who persist pertinently and
begin a platform of execution.

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2. A self-regulating body shall be employed for examining the demises linked with the
interaction that is institutionally, practically, and hierarchically autonomous apart from the
police. The self-governing body must possess such structures to safeguard that inquiries are
comprehensive, practical, transparent, and prompt focused on the public inquiry and comprise
the household of the dead. Individual care should be provided concerning meeting proof with
truthfulness, high moral, and ethical structures (Bielefeld and Shelley, 2014). More body that
is sovereign should be employed those are appropriately qualified to assist the Aboriginal
peoples in the inquiries of the deaths related to police connection.
3. In order for the vehicle for the custody, maintenance shall be done so the private vehicle
air-conditioned mechanisms in order to maintain a temperature that will be bearable for the
outside temperature and change the vehicles with properly ventilated structures so that it does
not become stuffy.
Implementation
In a scenario where the recommendations are implemented appropriately, It will not
only benefit the aboriginal people. It shall also benefit from eradicating or reducing the racial
discrimination persisting in society. As per the first recommendation, the evaluation for the
death occurring in custody shall be done correctly as to an ordinary convict. According to the
second recommendation institution of a sovereign body, examining the death in custody will
help in the analysis process in a fast way. Moreover, lastly as per the third recommendation,
the structural and the mechanical change in the transport systems shall help the people and
safeguard them from the heat during the journey. These recommendations will help not only
the aboriginal people but also the regulating authority for smooth and easy functioning.

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Conclusion
In conclusion, through this case, it becomes evident that though various legislation
prohibits racism or discrimination, there persists a disparity that the Aboriginal community
faces despite the laws stating equality. At this point in studying the case, I believe that if Mr.
Ward were my father or any relative, I would be feeling deficient due to the disparity and the
discrimination the Aboriginal community faces despite equal laws and would expect at least
proper examinations for the death that occurs in custody. The Australian Government must
increase its efforts to safeguard the Aboriginal peoples from discernment and avoid demises
in custody.

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Reference
Als.org.au.2020. Als.Org.Au.http://www.als.org.au/wpcontent/uploads/2010/09/
publications_Submissions_ward_and_cerd_-_aug_10_-_international.pdf.
Australian Institute of Aboriginal and Torres Strait Islander Studies. 2020. "Indigenous
Australians: Aboriginal And Torres Strait Islander People". Australian Institute Of Aboriginal
And Torres Strait Islander Studies. https://aiatsis.gov.au/explore/articles/indigenous-
australians-aboriginal-and-torres-strait-islander-people.
Bielefeld, Shelley, and Jon Altman. "Australia's First Peoples–Still struggling for protection
against racial discrimination." Perspectives on the Racial Discrimination Act: Papers from
the 40 (2015): 196-206.
Bielefeld, Shelley. "Compulsory income management, indigenous peoples and structural
violence–implications for citizenship and autonomy." Australian Indigenous Law Review 18,
no. 1 (2014): 99-118.
Gee, Graham, Pat Dudgeon, Clinton Schultz, Amanda Hart, and Kerrie Kelly. "Aboriginal
and Torres Strait Islander social and emotional wellbeing." Working together: Aboriginal and
Torres Strait Islander mental health and wellbeing principles and practice 2 (2014): 55-68.
Koch, Terina. "Aboriginal Legal Service Of Western Australia." Indigenous Law Bulletin 5,
no. 27 (2003): 7-8.