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					   ANALYSIS OF THE LEGAL NEEDS OF HORN OF AFRICA

                             PEOPLE IN MELBOURNE

                                  SALLY APLIN
                             [Sally.Aplin@ag.gov.au]




 This report was generousl y support ed by t he Blake Dawson Waldron Pro
                           Bono Fellowship 2001.




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Table of Contents


I         Executive Summary .......................................................................................................1
II        Background ...................................................................................................................3
      A       Abstract ......................................................................................................................3
      B       Demographic .............................................................................................................3
          1    Defining the Community .........................................................................................3
          2    Population Base ......................................................................................................4
III           Methodology..............................................................................................................9
      A       Theori es Commonly Applied to Emerging Communities............................................9
      B       Community Development........................................................................................12
          1    Community Development – Relevance to Community Legal Centres ................14
          2    Social Model of Legal Service Planning ................................................................15
      C       Description of Research Undertaken .......................................................................17
      E       Future Research Possibilities......................................................................................20
IV            Findings .....................................................................................................................22
      A       Barriers to Accessing Legal Services .........................................................................22
          1      Respecting Confidentiality ....................................................................................23
          2      Building knowledge and trust................................................................................24
          3      Tailoring Services ...................................................................................................26
      B       Cross-cultural Training ...............................................................................................28
          1     Current Initiatives...................................................................................................29
          2      Barriers to Cross-cultural Training ...........................................................................31
      C       Systems Changes .....................................................................................................31
          1     Flexible Legal Service Delivery ..............................................................................32
          2      Joined- up Legal Service Provision ........................................................................33
          3 Community Legal Education ................................................................................38
V         Community Opinions ...................................................................................................41
      A       Research Fatigue .....................................................................................................41
      B       Empowerment ..........................................................................................................42
      C       Community Connections for Young People ............................................................42
VI            The Way Forward ......................................................................................................44




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VII       Bibliography.................................................................................................................i
      1     Bibliography .............................................................................................................i
      2      Interviews.................................................................................................................v
      3      Internet ..................................................................................................................viii




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                                 I         Executive Summary

The task of adapting systems to suit our ever changing ethnic mix does not have to be an

overwhelming if it is approached from the perspective of finding 'fits' between existing

services and systems and the needs of the emerging community. This project focuses

upon collaborations and service efficienci es that could be of potential benefit in

creating a more comprehensive response to the legal needs of Horn of African

communities in Melbourne.               The basic principles underl ying such a syst em will have

relevance for a variety of emerging communities, especially those whose representatives

display issues in common with Horn of African communities.


In particular, the charact eristics common to Horn of African communities which have the

greatest ramifications for the manner in which we provide community legal services for

their communities are: 1


       -   Visibility


       -   Refugee Background


       -   Cultural diversity


       -   Language diversity.


       This report looks at ways in which the unique characteristics and needs of Horn of

       Africa communities can be reconciled with the Australian legal syst em. In particular,

       emphasis is placed on the role cross-cultural training can play to better inform

       workers with African clients as to their clients' needs. Ways in which the Horn of Africa

       communities can also be informed about available legal services, their rights and

       responsibilities are also investigated.




1   As evaluated from a compila tion of the interview answers.

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Also covered are the t ypes of legal needs experienced by the communities, where these

needs differ from those of the overall population. Typi cally, there will be a cl ear link

between the characteristics in dot points above and a special lega l need of the

community. For example, due to widespread illiteracy, many Afri cans may be unaware

that Community Legal Centres can provide free services.


In conclusion, it is hoped that this study will play a dual role. Firstly, as a document to

inspire further thought on ways in which our community legal services could be adapted

to better assist the changing demographic of our cultural and linguistically diverse

societ y and, secondl y, as a document that may be of assistance to Horn of African

communities in explaining their unique requirements to government agencies.




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                                       II       Background

                                            A        Abstract

This report focuses specificall y upon issues of good practice in provision of culturally

appropriate legal services by Community Legal Centres in Melbourne. For the purposes

of this study, the Horn of Africa was chosen as a case study, being a prominent emerging

community. 2       The Horn of Africa community faces manifold difficulties in obtaining

equitable access to justice and this report explores both the causes of estrangem ent

from the workings of the legal system and also fo cuses upon some of the innovative

initiatives currently being undertaken to better ensure access to all branches of the l egal

system for Horn of Africans. Finally, recommendations are made as to how Community

Legal Centres could better tailor their services to meet the diversity of cultural needs in

their neighbourhoods.           Instances of good practice in the provision of culturally

appropriate legal services are highlighted to illustrate the potentia l of innovative service

provision.


                                       B        Demographic

1        Defining the Community

'Greater Horn of Africa' is the term given by the former D epartment of Immigration and

Multicultural Affairs3 to the countries of Somalia, Eritrea, Ethiopia, Djibouti and Sudan. For

ease of expression, this report will refer to the above communities collectively as the 'Horn

of Africa' community. Due to the very low Djibouti population in Melbourne, this research

does not cover the Djibouti population.




2See e.g. Ransley, Carol, Navigating Their Journey: A Guide for Workers with Sudanese Young People (1999);
Ransley, Carol, Fotiadis, Poppy, Emerging Settlement Issues for Young People from the Horn of Africa: Discussion
Paper 1/99 (1999b); Nsubuga-Koybe, Apollo, Dimock, Liz., African Communities and Settlement Services in
Victoria: Toward Best Practice Service Deli very Models (2000).

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Figure 1:          Map of the Greater Horn of Africa


2        Population Base

It was initially intended to restrict this research to Horn of African communities living in the

Western suburbs of Melbourne, the theory being that a great proportion of the

community is situated West of Melbourne, particularly in the municipalities of

Maribyrnong and Moonee Valley. As the DIMIA Settlement Database shows, in the years

1996-2000 'since 1996 census, the western region has become the preferred destination

of half the Horn of Africa arrivals'. 4 The percentage of Horn of Africans interested in living

in the western region is also increasing, with 58.8% of Horn of Afri ca immigrants settling in

the western region between 1999-2000. 5


Although there has been an overall decline in visas granted for immigration in the period

1990-1998,      humanitarian/refugee             visas    have      remained       relatively     constant,       with




3  Department of Immigration and Multicultural Affairs, Migration and Humanitarian Program visas Granted,
1990-1998 (1998). Now the Department of Immigration Multicultural and Indigenous Affairs. Referred to in this
report as DIMIA.
4 Settlement Pla nning Unit , Horn of Africa Settler Arriv als in the Western Region from 1/7/1996 to 30/6/2000 (For all

age and migration categories) by LGA, Birthpla ce and Gender (2000), 2.
5 Ibid , 3.



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        approximately 12,000 being granted per year. 6 The North West of Melbourne receives

        about 1,200 of these, or 10% each year. 7 The table shows that virtually all Horn of Africa

        settlers arrive on humanitarian/refugee visas, or family visas.


        Table 2: Yearly Horn of Africa arrivals since the 1996 Census


COUNTRY             1996    YEARLY   ARRIVALS              IN     THE      1996     YEARLY ARRIVALS IN VICTORIA
                 western                                                 popula-
OF ORIGIN                   WESTERN REGION
                  region                                                  tion in
                 popula-    96-     97-     98-      99-     Total       Victoria   96-   97-   98-   99-     Total
                  tion at                                                    at
                            97      98      99       00      West                   97    98    99    00      Vic
                 Census                                                  Census
Somalia    F      318     39     57    51    21     486                    653      118   163   163    56     1153
           M      306     50     69    60    26     511                    757      128   152   146    58     1241
        Total     604     89    126   111    47     977                   1410      246   315   309   114     2394
Ethiopia    F     389     60     48    53    51     601                    596       84    71    95    75      921
            M     324     40     27    46    39     476                    748       63    48    84    62     1005
         Total    713    100     75    99    90    1077                   1344      147   119   179   137     1926
 Eritrea    F     170     24     12    33    21     260                    358       47    20    56    34      515
            M     185     17     14    34    32     215                    389       47    20    56    34      540
         Total    355     41     26    67    53     432                    747       77    46   113    72     1055
Djibouti    F       9    N/A N/A N/A N/A           N/A                     37       N/A   N/A   N/A   N/A     N/A
            M      12    N/A N/A N/A N/A           N/A                     30       N/A   N/A   N/A   N/A     N/A
         Total     21    N/A N/A N/A N/A           N/A                     67       N/A   N/A   N/A   N/A     N/A
        N.B:     F = Female, M = Male, N/A = data unknown.


        In total, the years 1996 – 2000 brought an additional 924 Horn of Africa settlers to the

        western region of Melbourne, out of a total of 1874 moving to Victoria as a whole. 8 These

        figures do not refl ect the considerable number of Sudanese settl ers moving to Victoria,

        as the D epartment of Immigration Multicultural and Indigenous Affairs exclude Sudan

        from their definition of Horn of Africa, although there are good reasons for including at

        least South Sudan in the definition of Horn of Africa. 9 Most Sudanese Humanitarian Visa

        recipients stem from Southern Sudan.


        The above data was compiled by the Settlement Planning Unit at the Inner Western

        Region Migrant Resource C entre from statistics collected as part of the Department of



        6 Department of Immigration and Multicultural Affairs, above n 2, 4.
        7 Ibid , 2.
        8 Ibid , 3.



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Immigration Multicultural and Indigenous Affairs Settlement Database. 10 Totals may be

taken as rough estimates only, due to the fact that the above data does not factor in

attrition through death or further migration, nor the movement of settlers from the

western region to other regions of Victoria (and possibl y Australia) as their circumstances

change. Changes of situation that may result in moving house include: change in family

or    marital    status,    employment,         eligibility for     public housing         and     discovery of

concentrations of one’s own ethnic group – or other valued support systems - in another

suburb or State. 11


Table 3: Arrivals from 31 Dec 1996 – 01 Jan 2001 by Visa Type


The dat e of extraction of the data from the DIMIA Settlement Database was 4 May 2001.


    LGA of             COUNTRY          Humanitarian          Family            Skilled     Special/       TOTAL
    Settlement         OF BIRTH                                                             Other
    Maribyrnong        Sudan                    56                   7             0           0             61
                       Ethiopia                 113                 88             0           0             201
                       Somalia                  56                   7             0           0             63
                       Eritrea                  20                  12             0           0             32
    Wyndham            Ethiopia                  6                  17             0           0             23
    Melbourne          Somalia                  139                 34             0           0             173
                       Eritrea                  74                  25             0           0             99
                       Ethiopia                  5                  38             0           0             43
                       Sudan                    35                   3             0           0             38
LGA = Local Government Area


It is important to note that the data above was extracted onl y for the top 20 countries of

birth for immigrants arriving in each Local Government area between 1996 – 2001. This

provides us with a concept of the relative importance of providing Horn of Africa specific

services in each Local Government area. For example, with large groups of Sudanese,

Ethiopians, Somalis and, to a smaller extent, Eritreans represented in the cit y of



9 Bereded-Samuel, Elleni, Profile: A Profile of Settlers from the Horn of Africa Liv ing in the Western Region (1999),
5.
10 Ibid .
11 Nsubuga-Kyobe & Dimock, above n 1, 187; Hearne, Rosemarie (6 Aug 2001 & 3 Dec 2001) Clinical Manager,

Centacare Footscray. Transcript held on file with the author; Sa ndy, John (22 Aug 2001) Manager, African
Community Employment & Business Service. Transcript held on file with the author.

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Maribyrnong, the importance of tailored Horn of Africa services is obviously more pressing

than in Wyndham. In this Lo cal Governm ent area, the onl y Horn of Africa community to

make the top twenty list of countries of birth was Ethiopia, with a gross increase of 23

people over more than 4 years.


Despite the concentration of Horn of Africa settlers in the Western region, the increasing

numbers of Horn of Africa people in other areas of Melbourne, particularl y inner

suburban Melbourne, Darebin and Banyule, as wel l as the South Eastern suburbs such as

Dandenong, made it appropriate to study the community as a whole. This decision is

supported by the DIMIA funded study by Nsubuga-K yobe and Dimock, 12 which includes

an excellent discussion of the demographics of the Sub-Saharan African community in

Victoria.13 There is also evidence that whilst many Horn of Afri ca immigrants settle initially

in the western region, they are moving to other regions once they have adapted to life in

Australia. Also, the relatively small numbers of services fo cussed upon Horn of Africans

was a contributing factor in the decision to focus on the community as a whole.


A final contributing factor was the difficulty faced by the researcher in gaining access to

key Western suburbs Community Legal Centres. It is assumed that the difficulty arises not

from a lack of interest in participating in legal research into the needs of this important

emerging community, but rather in the heav y burden of adequatel y servicing their local

community’s legal needs.


For those readers interested in learning more about the demographics of the Horn of

Africa community in Victoria, they have been referred to in some detail in various pre-




12 Abov e n 1, 3, 56. The study recommends an united approach to seeking funding for all Sub-Saharan Africans,
rather than div iding the already small and div ided communities further, thereby reducing their ability to
effectiv ely lobby government.
13 Ibid , 187-201.



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existing studies, including the authoritative DIMIA publication, Afri can Communities and

Settlement Services in Victoria: Towards Best Practice Servi ce D elivery Models.   14




14   Ibid .

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                                       III      Methodology

     A       Theories Commonly Applied to Emerging Communities

That research into newly emerging communities lends itself to particular 'hands on' study

methodologies is evident when one compares the remarkably similar plans used by

researchers in a variety of different studies over the past five years. 15 Certain principles

are core to these studies. Some of these involve well-established research principles such

as the need to define terms, analyse qualitative and quantitative data and, importantly

in cross-cultural studies, objectively interpret data.                   The latter point is particularly

important, as recognised by Nsubuga-K yobe's research team. 16 For the purposes of

analysing their extensive focus group consultations, they enlisted a sociologist with

experience in interpretative analysis.            As the report comments, 'Her independent role as

a non-sub-Saharan, and outside the research team, added to the objectivity of the

analysis," which was used as a comparison to the research team's analysis'. 17


In their initial attempts to contact and do cument the Horn of Africa Community in

Flemington/Kensington,          Tommasi       &    Camillieri    used     an    Action     Research       based

methodology, reflecting their Community Development background 18 and objectives of

introducing themselves to the communities, to 'form stronger links,' 19 and, 'to bring the

Flemington/Kensington Legal Centre to the attention of the target group.' 20 Another goal

of the research was, 'To develop further the Legal service by directly responding to the

needs of this group.'21




15 Tommasi, C, La Mude, T, Aden, A, Liv in' on the High Rise (1995); Ransley (1999), above n 1; Nsubuga-Koybe, &
Dimock, above n 1; Lewig, C, Women from Newly Arrived Communities Talking About Family Violence (2000).
16 Abov e n 1, e.g. 7; Nsubuga-Kyobe, Apollo (14 & 23 Nov 2001) Lecturer, School of Business, La Trobe Univ ersity.

Transcrip t held on file with the author.
17 Abov e n 1, 7.
18 Abov e n 14, 7.
19 Ibid , 8.
20 Ibid , 8.
21 Ibid , 8.



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The essence of action research is the concurrent collection of data with the organisation

of activities that are of direct and immediate benefit to the com munity being studied.22

The method also advocates quick turnaround times between data collection and

sharing and/or implementing this data with the community involved. 23                        Data sharing

may be as simple as, during interviews, informing workers and community representatives

about new services, web-sites, training and other resources about which they may not

be aware. 24 The focus groups conducted by Lewig 25 also fall into the category of action

research under this definition.


Key to the methodologies pursued in m ost of the consultative studies has been the

concept of facilitating empowerment for the participants. In some cases, this is specified

in the methodology26, in other cases it has been a necessary precondition for gaining the

cooperation and enthusiasm of the communities.27


Naturally, legal issues may raise difficult ethical problems.                 The report by Farah 28 is

valuable because whilst it was not focussed upon Horn of Africa people, it provides an

informative synopsis of the ethical considerations that must be taken into account when

conducting research that delves into the cultural norms of emerging communities. The

discussions of how to support participants who may make sensitive disclosures during

focus groups on family violence can be equally applied to research into potentially

emotive and harmful problems that may emerge from focus groups being conducted to




22 Barton, T, Borrini-Feyerabend, G, de Sherbinin, A, Warren, P, Our People, Our Resources (1997), 17.
23 See e.g. Plimer, D, Casquilho, A, The Commonwealth-State Council on Non-English-Speaking Background
Women's Issues: Implementation strategy of the report to the Commonwealth-State Council on Non-English-
Speaking Background Women's Issues on Women and Language Service (1993), 11.
24 Abov e n 21, 18.
25 Lewig, above n 14, 6.
26 For example by using focus groups as forums for communit y legal education and employin g community

members as legal centre staff. See e.g. Tommasi & Camilleri, above n 14, 5, 7; Tommasi, Carmen (24 Aug 2001)
Coordinator, Flemington and Kensington Community Legal Centre. Transcrip t held on file with the author.
27 For example the use of paid communit y members to facilitate focus groups. See e.g. Nsubuga -Kyobe &

Dimock, above n 1, 6; Mamo, Abraha (21 Sep 2001) Youth Worker, Fitzroy Youth Housing Serv ice. Transcript held
on file by author; Bereded-Samuel, Elleni (6 Aug 2001) Multicultural Coordinator, Victoria Univ ersity of
Technology, transcript held on file with author.
28 Farah, A Report on Women from Emerging Communities (1999).



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discuss legal issues. 29 Farah addressed the issue of offering support at the most basic

level, by deciding that, 'information about family violence services and the project would

be provided at each focus group in the relevant community language'. 30 Tommasi and

Camilleri used a similar research model and, being employees of a Community Legal

Centre, were able to take their assistance one st ep further by following up legal issues

that came to light during their focus group discussions and offering appropriate

referrals. 31   All of the above studies also considered the ethics of harm minimisation,

avoiding stereotyping and the murky issue of cultural proximity. 32


Cultural proximity requires a quick note at this stage. Whether to employ researchers that

share the culture of the community being studied is a vexed issue, as Farah realises. 33 The

advantages include the possibility of more fluid focus groups being po ssible when

interpreters are not required, culturally sensitive focus groups and interviews and less

likelihood of researchers subjectively interpreting results according to their own cultural

mores. The longer t erm benefits include being able to train mo re community members

to be empowered to conduct research into their own needs and become spokespeople

for their communities.34


The disadvantages noted by researchers such as Farah, 35 but which were also noted by

some services providers, 36 include that cultural proximity may make some community

members unwilling to air opinions on sensitive issues or they may avoid participating in

such forums altogether. Further, it is arguable that researchers from the same cultural

background as forum participants may fail to objectively recognise when one of their




29 Farah relies heavily upon the report by Aronson-Fontes, L. (1998), Ethics in Family Violence Research: Cross
Cultural Issues.
30 Farah, above n 27, 9.

31 Abov e n 14, 11.
32 See especially Lewig, above n 14.
33 Abov e n 14, 13.
34 Ibid ; Nsubuga-Kyobe, n 1, 8. This was a contentious issue throughout the in terviews. It is dealt with in more

detail in the community opinions section.
35 Farah, above n 27, 10.



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community members is making a statement of belief that 'breaks the mould' 37 of

traditional thought on that subject, because it may not fit the researcher's expectations

of what members of that community would t hink and feel. 38                        Nsubuga-Kyobe and

Dimock's39 authoritative study reached the sensible compromise of ensuring that several

scribes were present at the forums and that findings were later analysed by both

culturally proximate and distant team members. Most studies were concerned with the

effects of the composition of focus groups, including age, gender and country of origin. 40


                            B        Community Development

From the outset of this project, it was determined that the most appropriate

methodology to use when researching emerging communities was one of community

development. Principles of community development provide effective mechanisms for

assessing the requirements of groups who are not necessaril y in a position to adequately

express their needs. The theory is that this will be because they do not have enough

awareness and understanding of the system which is being studied to have insight into

their place within the system and, ultimately, the possibilities afforded to them as

individuals and as a community through that system. 41


For the purposes of this study, the theory of community development propounded by

Barton et al have been followed. 42 A community development approach to establishing

community need has several typi cal characteristics relevant to this resear ch;




36 Hearne, Rosemarie (6 Aug 2001 & 3 Dec 2001) Clinical Manager, Centacare Footscray. Transcrip t held on file
by author; Jade, Louise (3 Sep 2001) Case Worker, Women's Housing Outreach & Support Service (WHOSS).
Transcrip t held on file by author.
37 Milgram, Karen (30 Aug 2001) Communit y Development Worker, Coburg-Brunswick Communit y Legal Centre.

Transcrip t held on file by author.
38 Ibid .
39 Nsubuga-Kyobe & Dimock, above n 1, 6, 73.
40 Farah, above n 27, 9; Nsubuga-Kyobe & Dimock, above n 1, 6; Lewig, above 14, 4.
41 Barton et al, above n 22, 8.
42 Ibid .



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1.       It is based on personal contacts within the community being studied.


Whilst conducting the research, it was found that African workers interviewed were

interested in the researcher as a person, the project as it impacts upon their community

and also in establishing the researcher's bona fides for conducting the research.

Principles of community development recognise that the community being studied has a

right to input into any research being undertaken and, to a certain extent, the right to

veto work that it believes is inappropriate.43


Whilst researching this report, the response of the African community was overwhelmingly

positive, but with the proviso that any research conducted be consultative in nature and

be approved by the Horn of Afri can community (as represented by their elders) before

publication of the final report.44


2.       It plays an educative and empowering role.


Fundamental to the principles of community development are the dual concepts of (a)

ensuring the community being researched is not exploited in the course of that research

and (b) acknowledgment that emerging communities are not always in a position to

articulate their needs. 45        Community development projects have adapted various

methods to overcome these problems, with the uniting factor being that they empower

the community in question. Such empowerment can be subtle (for example providing

information about legal services available whilst interviewing an individual about legal

needs)46 or obvious (for example conducting communit y legal education programs,




43 The right to review and veto work was adamantly asserted by all experienced community spokespeople.
See especia lly; Mamo, above n 26; Meseret (21 Sep 2001) Youth Worker, Fitzroy Youth Housing Service.
Transcrip t held on file by the author; Omar Jabir (22 Aug 2001) Community Worker, Ethnic Communities Council.
Transcrip t held on file by the author.
44 See especially Mamo, above n 26; Omar, above 42; Aborete, Terefe (11 Feb 2002) Family Worker, Centacare,

transcrip t held on file by the author.
45 Barton et al, above n 22, 9.
46 See e.g. Tommasi et al, abo   ve n 14, 6.

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providing the end report to the community for their use). 47 All of the above examples

were used in this research. 48


3.       It is conducted on tight budgets and time frames.


There is an enormous amount of time and effort involved in networking with a community

to develop relationships of mutual trust and respect, developing knowledge and

empathy about a new culture, interviewing parties in a context they feel comfortable

with and learning about the agencies and services available to th at community . Such

projects rarel y attract funding commensurate with either the time and expertise involved,

nor according to adherents of the community development approach, results achieved.


This has actuall y worked to the benefit of this research, as the workers involved in the

community welfare sector have developed a high degree of camaraderie and

willingness to share knowledge and research.


1        Community Development – Relevance to Community Legal Centres

Principles of community development are often used by Community Legal Centres,

some of which employ community development officers or workers with community

development qualifications.49 In doing so, they are recognising that assisting clients to

overcome legal problems involves more than just knowing the law. Community Legal

Centres are an excellent forum for assisting marginalised groups, as workers recognise

the importance of disseminating legal education and information and of making their

centres accessible to the community as a whole.50




47 See e.g. Fotiadis, Poppy (28 Sep 2001) Program Manager, Centre for Multicultural Youth Issues. Transcrip t held
on file with the author.
48 For example, interviews provid ed an opportunit y to pass on valuable contacts and information to

interviewees; community legal education sessions were prov id ed on Somali radio 3ZZZ. Community leaders
have been kept informed about this report.
49 E.g. Milgram, abo    ve n 36; Tommasi, above n 25; Blakey, Jenny (27 Aug 2001)Coordinator, Fitzroy Legal
Serv ice. Transcrip t held on file with the author.
50 Ibid .



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2      Social Model of Legal Service Planning

One goal of this research was to ensure that the study had readil y identifiable benefits

for the communities being studied.        This was of particular importance given the

knowledge that these communities have been the subjects of many projects, particularly

over the past 2-3 years. With this goal in mind, it was decided to use a so cial model of

legal service planning, which is inclusive and encourages input from the client group and

which is also designed to produce outcomes t hat have been identified by the client

group as being relevant to them.


A consequent benefit of an inclusive methodology is the increased enthusiasm that can

be generated through consultative research, with the further potential for follow -on

projects based upon the initial research undertaken.


The collaborative planning process to be used in this instance is illustrated by the So cial

Model of Legal Service Planning, below.




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     Figure 2      Social Model of Legal Service Planning




DATA COLLECTION               AGENCY                        DEMOGRAPHIC                  EXISTING RESEARCH
                           CONSULTATION                            TRENDS                   & LITERATURE

                         Existing Services

                         Where        are the
                          gaps?



   ANALYSIS                                                 ASSESSMENT OF
                         SERVICE MAPPING                                                  LITERATURE REVIEW
                                                            LEGAL SERVICE
                         Identification     of                                           Trends
                                                                   NEEDS
                          legal     services
                                                        Current And                      Comprehensive
                          available
                                                            Future.                         community profile
                         Identification     of
                                                                                          Strategies      that
                          gaps in       service
                                                                                            have been trialed
                          provision.
                                                                                            and evaluated

                                                                                          Comparison with
                                                                                            other    emerging
                                                                                            communities.



                                                      INTERIM REPORT
 INTERIM REPORT
                         Confirmation of report findings with interviewees from the data collection
                          consultations.
                         Publication as a draft report.



COLLABORATIVE            SHARING OF REPORT FINDINGS                           MEETINGS WITH COMMUNITIES
  PLANNING               with Horn of Africa community                      to evaluate their perceived
                          leaders.                                            needs
                         amendments          to   report     as             ways in which they coincide or
                          suggested.                                         conflict with the interim report.
                                                                             to establish their preferred legal
                                                                              services model.
 LEGAL SERVICE              REVIEW EXISTING PRACTICES
    MODEL
                                                                             ESTABLISH GOOD/BEST PRACTICE



                                                            FINAL REPORT
     Pro Bono Fellowship Report             Page 16                                   August 2002
     141416723
                    C        Description of Research Undertaken

The method for undertaking this project involved a three-stage pro cess. Throughout the

project, the emphasis was upon collaboration with


a)       Horn of Africa communities via peak organisational bodies and community

         leaders; and


b)       Agenci es that already cater for the needs of Horn of Africa clients.


(a)      Stage One


Review of literature relating to the provision of culturally specific l egal services, and

services of all types that are focussed on Horn of Afri ca communities, to establish current

themes in legal service needs and culturally appropriate service provision.


(b)      Stage Two


Conduct interviews with relevant workers. Interviewees include


        8 workers from 7 different Community Legal Centres.


        1 Migrant Resource Centre Worker


        7 Social workers, representing various non-profit organisations.


        2 Barristers.    One experienced in the workings of the Children's Court and one

         involved in pro bono work for refugees.           51



These interviewees were all recommended through the Community Legal Centre

network and Horn of Africa community for their professional experience in assisting Horn




51                                 ve
    Hearne, above n 10; Jade, abo n 35; Klein, Alex, (7 Sep 2001) Barrister, Child ren's Court. Transcript held on
file with the author; Perkov ic, Marko (17 Sep 2001) Community Settlement Worker/Social Worker, Westgate
Migrant Resource Centre. Transcript held on file with the author; Barrow, Brian (Sep – Oct 2001) Deputy Chief
Magistrate, Melbourne Magistrate's Court. Transcript held on file with the author; Smith, Joanne (5 Oct 2001)
Settlement Worker, Footscray Red Cross. Transcrip t held on file with the author; Beckett, Jo (27 Sep 2001) Bail
Coordinator, Melbourne Magistrate's Court. Transcrip t held on file with author; Fotiadis, Poppy (28 Sep 2001)
Program Manager, Centre for Multicultural Youth Issues. Transcrip t held on file with author.

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of Africans, or more generall y, for their interest in promoting access to justice for

marginalised communities.


Although it was initially intended to undertake a comprehensive survey of Communit y

Legal Centres, this was rendered impossible due to the demands already being placed

on workers’ time.


The majority of these workers were not Horn of African people themselves. The focus of

the interviews was upon assessing the cultural awareness of the worker’s organisation,

the likelihood that Horn of Africa people would access the service and any possible

barriers that may hinder them from doing so.


(c)         Stage Three


In the third stage of research, Horn of Africa community leaders were interviewed, to

assess the legal needs of the community as perceived by the community itself. These

interviews took the form of a two-way exchange of information, which was aimed at

overcoming the problem articulated by Camilleri and Tomassi 52 of the members of an

emerging community being unabl e to express their requirements due to the fact that

they are unaware of the services being offered and unaware of what services they can

expect from the Australian government. In addition, community interest and support

resulted in the author producing 7 community legal education session on Somali Radio

(3ZZZ), with the assistance of Somali community leader, Issa Farah, and Youthlaw lawyer,

Sarah Nicholson. Each session reached an audi ence of approximately 200 Somalis and

received positive feedback from listeners.


The findings from the community interviews will be canvassed under the heading

Community Opinions. All the interviews were transcribed as faithfully as the author was




52   Abov e n 24, 4.

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able. Every care has been taken to ensure that report accuratel y and full y represents

the views expressed by the interviewees.


                       D        Social Utility of the research

Whilst there are undoubtedl y m yriad ways in which the findings of this research could be

practically utilised, it is recognised that the responsibil ity of implementing the findings of

this project must be left to third parties.


In this context, the research findings could form a valuable resource for existing

community legal services, providing them with an inexpensive report to support their bids

to receive expanded funding.           Similarly, it may be of assistance to a variety of

Government departments, assisting them in their planning to fill the service gaps

identified in the report, to provide more culturally appropriate services and to locate

them in the most appropriate geographical positions.              Such agenci es may include

Community Corrections, Juvenile Justice, Legal Aid Victoria, TAFE, Adult Education and

official translation services, to name a few.


It is also hoped that Horn of Africa communities will have sufficient input into this report so

that they feel that it accuratel y refl ects their current situation and can be used as an

advocacy tool to raise awareness of their legal service needs.


It is anticipated that this report will also identify cultural issues specific to Horn of Africa

clients that will assist professionals across the service spectrum to provide more sensitive

and effective advice and assistance.            Of course, increased sensitivity to the cultural

needs of this client group should lead to an increase in use of services by the client

group. This in turn can provide a valuable forum for further referral to other services that

are not as well advertised or immediately accessible.


Finally, whilst this research has been conducted using the Horn of Africa community as a

case study, there is no doubt that many of the principles of effective cross-cultural legal

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service provision will be transferabl e to other emerging communities in Melbourne. This is

borne out by interview responses from comm unity legal centre staff, which will be

covered in more depth in the Findings.


                     E       Future Research Possibilities

Legal Aid’s contribution to servicing the Horn of Africa community is one area that has

not yet been researched. This would be a valuable area of research, complementing

the research already conducted, which has a community legal service focus.


Similarly, whilst there are many initiatives under way to assist young Horn of Africa people

who have contact with the Magistrates Courts, little research has been conducted into

the interaction between the Horn of Africa communities and Child Protection Services.

Research that promoted increased communication between the Horn of Africa

community and the Department of Human Services on issues surrounding t he rights of the

child and the specific laws relating to the treatment of children in Australia would be of

benefit to both the Department and the Horn of Africa community.


Furthermore, the research undertaken as part of this project could benefit from further

consultations with the community, including focus groups.        In particular, the existing

research could benefit from input by the community itself, which could organise focus

groups and interviews with community members at a very low cost in comparison to that

which would be incurred by a non community member, such as this researcher. Similarly,

there is plenty of scope to use the findings of this project to inform and inspire future

collaborative activities and community legal education activities with the Horn of Africa

communities.


This is already happening, in the form of Matthew Albert's research in his capacity as 2002

Blake Dawson Waldron Pro Bono Fellow. Matthew is building upon the findings of this




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research in order to evaluate the cultural appropriateness of migration agency

assistance, with a particular focus on Melbourne's Sudanese population. 53




53   Albert, Matthew (14 Aug 2002) Pro Bono Fellow, Bla ke Dawson Wald ron.

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                                     IV      Findings

This report has chosen to concentrate upon a small section of the ext ensive interview

materials collected in order to collate findings relating to;


(a)        barriers faced by Horn of Afri ca clients when accessing community legal services;

           and


(b)        ways in which services seek to overcome these barri ers.


From this raw qualitative interview data, conclusions have been drawn as to how

community legal centres could make their services more accessible to Horn of Africa

clients.    The concept of this research was not to apply blanket solutions to varying

communities, but rather to acknowledge and share some of the innovative practices

that have been developed b y Community Legal Centre workers to suit specific

communities.


It is recognised that attempting to replicate specialised outreach and co -located

programs outside of the individual circumstances in which they originally develop is often

unsuccessful. How ever, it is hoped that sharing examples of good practice in service

delivery will provide the inspiration for further innovative program developments.


                   A      Barriers to Accessing Legal Services

One of the questions asked of interviewees related to barriers encountered in providing

legal services to Horn of Africans. In the collation process, an attempt has been made to

ensure that the discussion focuses upon barriers unique to Horn of Africa people, rather

than those shared by other emerging communities.




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1        Respecting Confidentiality

Because of the small nature of Horn of Africa communities there is a very real fear on

behalf of clients that interpret ers or community workers that belong to the client’s ethnic

community could pass on the information they overhear at work to the wider

community, resulting in shame and embarrassment to the client. Several agenci es have

reported first hand experi ence of this problem.54 In the worst case scenario, such

experiences dissuade clients from accessing similar services again. Various services

respond differentl y to this problem.


The two main responses may be labelled agency-pro-active and client-pro-active. In

the first scenario, agencies with past experience of catering to small newly em erging

communities actively look to employ interpreters that speak a language known to the

client, but who do not belong to the same ethnic group. Such a method might involve

an interpreter from a different ethnic group within the same country of origin as the

client. Alternatively, an interpreter may be employed who is from a different country but

speaking a language common to the client. This degree of separation from their own

community is often enough to satisfy clients that their privacy will be respected. 55 By

contrast, agencies with less highly developed responses to clients’ cultural needs t end to

find that their Horn of Africa clients take the active role by bringing along a friend or

family member to interpret. 56 This is a ‘self-help’ remedy on behalf of the client, as they

are able to choose a trusted confidante with whom to share their problems. Just as

importantly, the client can rely upon this helper to accuratel y express their needs to (for

example) a community lawyer.




54 Jade, above n 35; Hearne, above n 10; Tommasi, above n 25; Abeb, Meseret (21 Sep 2001) Youth Worker,
Fitzroy Youth Housing Service. Transcrip t held on file with author; Aborete, above n 43.
55 E.g. the employment of an Eritrean worker at WHOSS reportedly result ed in a la rge increase in Horn of African

clients, but not from the worker's own ethnic community; Jade, above n 35.
56E.g. Hurlston, Lee (30 Aug 2001) Lawyer, North Melb ourne Community Legal Centre. Tra nscript held on file with

author.

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2        Building knowledge and trust

Many Horn of African settlers in Australia come from refugee backgrounds and have

been persecut ed in their country of origin by l egal syst ems that often embody the

concept of rule by law, rather than rule of law. 57 It is therefore not surprising that there is

a general lack of trust in the domestic legal system (as opposed to the international legal

system) that needs to be overcome before Horn of Africa individuals will feel

comfortable accessing Community Legal C entres and Legal Aid. 58                              Naturally, this

generalisation does not apply to all individuals and, in fact, it is the individuals who first

access legal services that are crucial in referring their family and friends to services. 59

Word of mouth referral is particularly essential given the widespread illiteracy of the Horn

of Africa population, particularly amongst the women.60


However many workers feel that it is not enough to rely upon word of mouth referral.

Hence, a recurring theme amongst workers, and from within the community leadership

structure, is the necessity for service providers assisting Horn of Afri can clients to build trust

with individuals and the broader community. 61


As already mentioned, there are several community based organisations designed to

protect and further the welfare and rights of Horn of Africa peopl e. 62                     Agencies who

have built up a rapport with these organisations, for example by becoming inviting

community leaders to become involved on the Board of Management or by




57 Ransley(1999), above n 1, 4.
58 See especially Farah, Issa (20 Sep 2001 – Feb 2002) President, Somali Association/3ZZZ Radio Somali Group
Convenor. Transcript held on file with author.
59 Tommasi, abo                        v
                  ve n 14; Bla key, abo e n 48.
60 See especia lly Omar, above n 42; Farah (20 Sep 2001), above n 56. This topic was canvassed by most

community representativ es.
61 Tommasi, above n 14; Hurlston, above n 55; Mamo, above n 26; Aborete, above n 43; Omar, above n 42;

Abeb, above n 53; Nsubuga-Kyobe, above n 15; Bereded-Samuel, above n 26; Farah (20 Sep 2001), above n
56.
62 Particularly the Horn of Africa Community Council and the African Australian Welfare Council of Victoria Inc.

African organisations are canvassed in detail in Nsubuga-Kyobe & Dimock, above n 1.

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participating in cultural or sporting activities, generally report positive flow -on effects in

terms of referrals from the community. 63


Horn of Africa community leaders interviewed have almost all expressed concern that

services such as Community Legal Centres are disconnected from the needs of their

communities. 64 Several people interview ed went so far as to suggest that agencies were

deliberatel y failing to employ Africans in order to entrench and protect their own

positions, which is best done by providing paternalistic and tokenistic services. 65


These t ypes of comments must be understood in their political context, with a proper

recognition of the diffi culties many well-qualified Afri cans experience in finding

employment within the community welfare sector. 66                 Furthermore, the Horn of Afri ca

community has been the subj ect of a great deal o f research latel y, and, according to

interviewees, many members of the communities feel that their needs are being

dictated to them, or alternatively, exploited to gain service funding, without the

communities seeing any obvious benefits from the funding g rants obtained. 67 In Victoria,

The latter concerns have resulted in a Working Party of the Horn of Africa Community

Council being formed to evaluate proposed research and assist those projects that they

believe will promote access to services for their com munities. 68


The solution generally advocated to the problem of paternalistic service delivery is to

employ Horn of Africa workers in a range of agencies as well as in government

institutions, such as the Police force and Fire D epartment, in order to improve accessibility

of these services to their communities.69 This is a point of contention for many agenci es,

who believe that their professional training equips them to assist clients from a broad



63                                  ve
   Hearne, above n 10; Hurlston, abo n 55; Hunt, Emma (27 Nov 2001) Co-Executiv e Director, Public Interest
Law Clearing House. Transcript held on file with author; Tommasi, above n 25.
64 Omar, above n 42; Abeb, above n 53; Mamo, above n 26; Farah (20 Sep 2001), above n 56.
65 See especially Abeb, above n 53; Mamo, above n 53.
66 Hearne, above n 10.
67 Omar, above n 42; Abeb, above n 53; Mamo, above n 26; Bereded, above n 26.
68 Abeb, above n 53.



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range of backgrounds, without the need to employ a Horn of Afr ican to service that

specific community.        As already m entioned, many workers, including some African

workers, feel that in many cases clients actually appreciate being served by an

objective outsider who is not part of their community and therefore perceiv ed as less

judgmental and less likely to breach their privacy. 70


However, it is also recognised by workers that the effectiveness of non-Afri can workers is

premised upon them possessing a degree of cultural awareness and sensitivity. From the

community consultations undertaken, it is clear that there is varying awareness of

available cross-cultural training and of its benefits.          It is also true that those services

exhibiting well-developed knowledge of the cultures and customs of Horn of Africa

people were generall y more adept at attracting this client group.71


3          Tailoring Services

Amongst the Community Legal Centres interviewed, there were marked differences of

style in terms of how clients were solicited. Some Community Legal Centres have made

a determined effort to conduct extensive outreach to particular community groups, such

as young people or domestic violence victims, with the emphasis of their services being

upon encouraging those groups that have the most difficulty in accessing legal services

to use their local community lawyers in a setting, and at a time, suitable to the client. 72

Some of the strategies used are particularly appropriate for different Horn of Africa

clients.


For example, it is the experience of workers that children friendly services that are open

during the day will have the most success in attracting Horn of African women, who find




69 Omar, above n 42; Mamo, above n 26; Sandy, above n 10; Nsubuga-Kyobe & Dimock, above n 10.
70 See e.g. Aborete, above n 43.
71 Tommassi, above n 25; Jade, above n 35; Bereded-Samuel, above n 26; Hearne, above n 10; Aborete, above

n 43.
72 Hurlston, above n 55.



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it easier to schedule appointments during the day than at night, when there are

increased family commitments.73


A different approach appears to work with young Horn of Africans. Amongst the young

Horn of Africans, it is predominantly the young men who have brushes with the law.

Different outreach strategies have been trialed in attempts to reach this target group.

Amongst the younger teenagers, sports programs such as soccer and basketball have

proven a successful method of approaching young Horn of Afri cans to offer advice and

knowledge. 74


The older teenagers and those young peopl e in their earl y twenties are proving more

problematic. As Jo Beck ett, Bail Coordinator at the Melbourne Magistrate’s Court points

out, the older teenagers have 'grown out' of socialising in groups specificall y for Africans.

They face the twin pressures of wanting to integrate themselves into Australian society

and have the sam e hobbies and interests as their Australian-born fri ends and, also,

adhering to the societal rules of their parents.75


The two influences often burden the young person with paradoxical messages and, in

the most extreme cases, force young people to choose between their family and African

culture and their Australian friends. 76 It is a pattern of dislocation and quest for belonging

that replicates the experiences of many previous migrant waves. 77 One solution currently

under development in cooperation with the Melbourne Magistrates Court mirrors the

attempts of indigenous communities across Australia to reconnect their young people

with their indigenous cultures in order to give them a sense of belonging, community

acceptance and self-worth.78 The program focuses upon providing young offenders with



73 Tommassi, above n 25; Bla key, above n 48; Milgram, above n 36.
74 Barrow, Bria n, Memorandum for Mr Pat Armstrong Chief Executiv e Officer: Responding to the needs of a
culturally div erse society (2001a); Hurlston, above n 55.
75 Beckett, above n 50. This theme was reiterated in several in terviews. See especially Aborete, above n 43.
76 Beckett, above n 50.
77 Alwis, Randolp h, 'Little Hope for Ethnic Australia ns' (2001) 3 Impact Magazine 12, 14.
78 Barrow, B. (1996), Pre-Trial Diversion Pilot, Magistrates' Court Victoria , Victoria.



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mentors – in the form of community elders – to teach the offender understanding and

pride in their culture. It is hoped that, at the same time, the mentor can provide a bridge

between estranged young offenders and their families. 79


                               B        Cross-cultural Training

As discussed briefly, above, cultural differences between most Community Legal Centre

staff and their Horn of Africa clients were identified as possible barriers to accessing l egal

services. One possible solution identified was cross-cultural training for legal centre staff.


For the purposes of this report, this term has been used broadl y, to cover specific and

general training that may encourage insight and investigation of other cultures and

which has the potential to apply this learning to professional interactions with members

of the Horn        of Africa       communities.      Interviews with        Community Legal           Centre

representatives revealed a wide range of knowledge and training in cross -cultural

service provision. Some service providers had extensive experience in providing cross-

cultural training.80 For those workers who did not, amongst those services with a high

proportion of Horn of Africa clients, there was strong interest in gaining additional cultural

insight.


Staff were reasonably united in their assertions that general cross-cultural awareness

training is sufficient and there is no need for a particular focus on Horn of Africa persons. 81

Despite a general feeling that funds would not stretch to Horn of Afri ca specific training,




79 Ibid .
80  Legal centre staff: Tommasi, above n 25; Hurlston, above n 36; Nicholson, Sarah (21 Nov 2001) Solicitor,
Youthlaw Legal Centre. Transcript held on file with author. Other workers: Fotiadis, above n 50; Aborete, above
n 43; Bereded-Samuel, above n 26.
81 However, most interviewees were interested in learnin g more about the communit y. The reluctance to

commit to training involv ing solely Horn of Africa issues was invariably due to lack of funds to commit to one
ethnic community.

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some workers felt that there may be a need for more semi -specialised training to assist,

for example, people from refugee backgrounds. 82



1       Current Initiatives
In terms of studies that have been conducted for service providers wishing to l earn more

about the Horn of Africa, the Ethnic Youth Issues Network 83 has produced two useful

reports, Navigating Their Journey: A Guide for Workers with Sudanese Young Peopl e 84

and Emerging Settlement Issues for Young People from the Horn of Afri ca. 85 Both of these

reports provide useful background information about pre-settlement experi ences that

Horn of Africa people may have faced and the manner in which these experiences may

possibly impact upon the ways in which they access services and the services act ually

required by these communities.


Poppy Fotiadis is currently working at the Centre for Multicultural Youth Issues, and is

responsible for conducting cross-cultural awareness training for new police. 86 Fotiadis is

another proponent of increasing the number of Horn of Africans in the police force and

other government agencies.           Having witnessed first hand the stumbling blocks to

effecting long-term cultural changes in a strongly hi erarchal agency, she regards any

interaction between police and Africans as a positive way of breaking down the cultural

divide.87




82 Hunt, above n 52; Milgram, above n 36; Casey, Maree (29 Nov 2001) Solicitor, Broadmeadows Community
Legal Centre. Transcrip t held on file with author.
83 As the Centre for Mult icultural Youth Issues (CMYI) was known at the time of publication.
84 Ransley (1999), above n 1.
85Ransley & Fotia dis (1999b), above n 1.
86 Fotiadis, above n 46.
87 Ibid .



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Community Legal C entre workers also mentioned the following sources of information as

being of possible assistance:


        Refugee Immigration Legal Centre courses in Migration Training. These provide

         workers with an insight into the particular needs of migrants, particularly those

         stemming from the resettlement process and adaptation to Australian culture. 88


        Informally canvassed advice of culturally and linguistically diverse (CALD ) friends,

         or colleagues who are experienced in working with CALD clients.


        The Coburg -Brunswick Community Legal Centre provides information sessions for

         groups of CALD clients.          They also run workshops in immigration law, including

         Non-English Speaking Background service provision.


        The Islamic Women's Welfare Council organised a Muslim Women's Cross-Cultural

         Training Forum back in 1997, which is still being cited as a positive experi ence.


        One worker mentioned their positive experience of having attended a forum in at

         St Monica's church in Footscray, in which the Horn of Africa community spoke

         about legal and other resettlement issues of importance to them.


        Foundation House has offered a variet y of courses, including a course on Working

         with people from refugee backgrounds (Introductory program). 89




88Milgram, above n 36; Casey, above n 80; Hunt, above n 52; Besley, above n 78.
89 Victorian Foundation for Surviv ors of Torture, Annual Report 1999/2000 (2000), 8. Foundation House is a
specialist non-profit organisation designed specifically to assist migrants who have experienced torture or other
forms of trauma in their country of origin.

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WHERE TO GO FOR FURTHER INFORMATION
Publications that may be of interest to people (both Australians and Africans) wishing to
learn more about cross-cultural communication include:
Brooks, L (1996), Department of Human Services Cultural Planning Tool: Planning for
Multicultural HACC Services, Action on Disabilities within Ethnic Communities for
Department of Human Services, Victoria.
Department of Immigration and Multicultural Affairs (1998), A good practice guide for
culturally responsive governm ent services, Australian Government Printing Service,
Canberra.
Islamic Women's Welfare Council in Victoria (1995), Islam Opposes Violence Against
Women: A Resource Booklet, Office of the Status of Women, Victoria.
Northern Family Violence Netw ork (Oct. 2000), Women from newl y arrived communities
talking about domestic violence, Victoria.
Women's Housing Outreach & Support Service, Diversity Manual, Coburg.

2       Barriers to Cross-cultural Training

Whilst the benefits of cross-cultural training were generally acknowledged by workers

servicing large culturally and linguistically diverse communities, concerns were raised

about the appropriateness of all such training. In particular, workers stressed the lack of

resources to attend such training and the need to make the training sufficiently general

so as to be a justifiable expense, but specific enough so as to be worthwhile training.

Several workers expressed ignorance as to which organisations ran appropriate classes.

This may be an area in which the Federation of Community Legal Centres could play a

role, acting as a distribution centre for information regarding upcoming cross -cultural

and immigration law training sessions.


                              C       Systems Changes

As part of the survey, interviewees were asked to identif y gaps in the legal services

available for Horn of Africa people. The focus was upon areas of particular legal need

for Horn of Africa people. Many of the service provision gaps identified by interviewees

related to;


(a) inflexibility of community legal service delivery;

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(b) disconnection of legal services and other related services; and


(c) lack of community legal education.


As the concept behind this report is to provide a positive and forward thinking approach

to making community legal services more accessible, the three points above will be

addressed in the opposite, positive sense.              Therefore, this section of the report covers

themes of flexibility, networked services and improved community legal education.


1        Flexible Legal Service Delivery

A common theme of interviewees and community members alike was the need for

flexible timeframes for service provision. 90 Ideas were mooted for changing the culture of

community legal services to provide more flexible service delivery for Africans. In

particular, it was noted that Horn of Africa clients were more likely than other client

groups to arrive late to appointments or to skip the appointment altogether and then

turn up without an appointment at a later date. 91                        Proposed solutions included

scheduling a morning or afternoon as visiting time, without specifying an exact time. 92

The importance of providing a child friendly atmosphere was also noted. 93


A further important way in which legal services can be made more flexible to the needs

of African clients is by providing services in African languages.                    All community legal

services provide at least a minimal amount of information in Arabic and Somali. 94 At the

extreme end of the flexibility spectrum is Flemington-Kensington Community Legal

Centre, which has – according to need and availability – employed Africans on staff for

the past four years. 95




90 Milgram, above n 36; Hurlston, above n 55; Sandy, above n 10; Omar, above n 42; Aborete, above n 43;
Abeb, above n 53.
91 Tommasi, abo    ve n 25; Hurlston, above n 55, Blakey, above n 38; Milgram, above n 36.
92 Milgram, above n 36; Hurlston, above n 55.
93 Hurlston, above n 55; Tommasi, above n 25.
94 Typically, Fitzroy Legal Services' Alp hali ne wallet cards and Legal Aid Victoria's Poli ce Powers booklet.
95 Tommasi, abo    ve n 25.

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2          Joined- up Legal Service Provision

Several of the Community Legal C entres interviewed undertook active collaborative

projects with other family, community, youth, CALD, drug & alcohol and other services.

These have been mentioned in this report where the collaborative activity has the

potential to enable Community Legal C entres to reach more Horn of Afri can people

than would otherwise be the case.


Coburg-Brunswick Community Legal Centre has conducted Community Legal Education

programs for clients at Hope Street Youth Refuge, Moreland Hall (Drug & Alcohol

rehabilitation), and as part of a Victims of Crime project at the local Community Health

Centre. Similarly, workers are active in a range of professional networks, providing legal

materials and offering to give talks to the North-West Workers With Youth forum, the

Moreland multicultural network, facilitated by the local Council, and through the

Domestic Violence Network.


One program that is targeted at new arrivals is the Domestic Violence N etwork's money

raising efforts.      An offshoot of that program has been the Council grant for posters

against domestic violence in Arabic, with the possibility of Somali posters at a l ater

date. 96


Although these schemes are not aimed particularly at Horn of Africans, they are

examples of how active networking and collaborative projects can increase the profile

and accessibility of a Community Legal Centre. They are also illustrative of the ability of

Community Legal Centres to address legal issues in a more holistic manner than

traditional legal services. In other words, there is recognition by community legal centre

staff that effective solutions to legal problems will often involve addressing peripheral

non-legal issues, such as poverty, pre-settlement trauma and health issues.



96   Milgram, above n 36.

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 (b)    Outreach Services


Outreach programs can be an innovative way of providing flexible legal service delivery

to an audience that may otherwise remain unaware of the possibility of obtaining free

legal services. Outreach is not limited to youth outreach, with programs having extended

to include storytelling programs, open days at Magistrate’s Court, domestic violence

networks and a range of community-based legal education initiatives.97


The North Melbourne Community Legal C entre has been using outreach over the past 2 -

3 years to reach young adults and has been particularly successful in reaching young

Horn of Africa males. 98 The outreach program, called Outlaw, involves Community Legal

Centre workers visiting the North Melbourne Mission and providing advice and assistance

to young people in a relaxed so cial atmosphere. This is particularl y effective in reaching

young Horn of Africa males, as it is run in conjunction with sports activities. 99 The Outlaw

program has recently resulted in a website being established by young people, for

young people. This provides a discreet forum whereby young people can have legal

questions answered and also offer their opinion on how they interact with the legal

system. 100


North Melbourne Community Legal Centre has also been involved in outreach programs

that have the potential to reach a broader spectrum of the Horn of Africa community.

For example, Community Legal Centre workers have been located at Melrose Street

Community Health Centre in Moonee Valley.                  This afternoon outreach service was

particularly designed to reach women who were unwilling to travel to a Community

Legal Centre due to family commitments.




97 For example, Community Legal Education sessions undertaken for Horn of Africa people by Community Legal
Centres, such as on the high rise estates in Flemington-Kensington: See Tommassi & Camilleri; above n 14;
Barrow, Bria n, Legal Aid briefings on legal issues t o the Horn of Africa Community Council (2001c).
98 Tommasi, abo   ve n 25; Hunt, above n 52
99 Hurlston, above n 55.
100 Young Peoples' Legal Rights Centre Inc, Youthlaw (2001), < www.youthlaw.asn.au> at 30 August 2002.



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The above examples of outreach are considered to be examples of best practice to the

extent that the workers involved are able to build relationships of trust with their clients

and to offer assistance in a forum that is more conveni ent and less intimidating than a

Community Legal Centre.


(a)         Co-location of services


Co-location or outreach services may provide an inexpensive method of expanding a

client base of a community legal centre and gaining wider recognition in the community

it services. Many people from a wide range o f cultures may perceive a stigma in

connection to seeking legal assistance. Co-location with a service with which they feel

comfortable in accessing has the potential to improve community visitation rates.


The Moreland No Interest Loan Scheme is an exampl e of a program designed to offer

immediate practical assistance to low income families. It particularly suits the needs of

immigrants who are unable to obtain government benefits upon arrival. The scheme

allows a family to buy essential whitegoods such as a refrigerator or washing machine

and pay back the loan – interest free- on a pre-planned schedule that suits their

needs. 101 This program is operated by the Coburg-Brunswick Community Legal C entre,

which also brands itself as a free financial service. Milgram 102 recognised in her interview

that some clients referred to the Community Legal Centre as part of the No Interest Loan

Scheme later take advantage of the legal services provided.           These are clients that

would potentially never hav e accessed the legal services had they not already been

familiar with the financial services side of the centre's business.


Compared to the number of outreach services available, there are currentl y very few

examples of co -location of services.       The service that has been cited 103 as a best

practice example of multi-service co-location is Frontyard. Recently relocated to King


101   Milgram, above n 36.
102   Ibid .

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Street in the Melbourne C BD, Front yard provides free or subsidised health, financial,

material aid, Centrelink, counselling and legal services under the sa me roof.         Clients

approach one reception area and receive referrals to any relevant services, thus

providing a 'One-Stop-Shop' 104 service for young people.


 (b)     Building Community Networks


In addition to co-location of services, there are numerous examples o f community legal

centres' participation in community services networks and also in CALD community

networks. Under the current labour government, the fo cus on community partnerships

has meant that many community organisations have financial incentives for community

network building built into their funding schemes. 105


Hence, there is evidence of involvement by individual community legal centre workers in

Domestic Violence networks,106 in organisations for young Horn of Afri ca youth 107 and

with close ties to other community service organisations. 108 However, whilst there is plenty

of evidence that partnerships are being built between legal services and domestic

violence, youth and family services, this appears to be happening in an ad hoc manner,

according to the interests of the community legal centre staff involved. 109


One of the key outcomes of The Brimbank Humanitarian Network has been to involve

key settlement providers in identifying gaps in services, establishing referral protocols

between agencies and building working relationships in service delivery 110 (Foundation

House; 2000).


There is evidence of benefi cial mutual referral between services occurring in the Coburg

area, a geographi c area with a relatively high proportion of Horn of Afri ca clients.



103 See e.g. Successworks, Best Practice in Colla boration (2001), 42.
104 Ibid .
105 Department of Human Serv ices, Annual Report 2001-2002 (2002), p.56.
106 Milgram, above n 36.
107 Hurlston, above n 55.
108 Hunt, above n 52.



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However, the informal relationships that have developed between some of the housing,

legal and family services in the area could probabl y benefit from formalised protocols in

order to ensure that agenci es have, at a minimum, the opportunity to assist each client

in the agency's area of specialisation. For example, Women's Housing and Outreach

Support Service ('WHOSS') reported that it does, on occasion, provide assistance in

resolving workplace relations matters. Given that WHOSS and the Coburg Community

Legal Centre enjo y an amiable working relationship, it would make sense to ensure that

protocols were in place whereby WHOSS workers were abl e to recognise that a client's

problem is legally related and at least call and offer Coburg Community Legal C entre

the opportunity to take responsibility for this matter. Perhaps WHOSS could retain a case

management role, but without having to directly resolve legal disputes. This is just one

example of the potential inherent in improving the network of referrals between

Community Legal Centres and other welfare agenci es.


When one considers the close pro ximity in which many family and legal services are

located, 111 and the already discussed inter -relation of legal and other issues, the benefits

to both legal centres and family s ervices of co-referral seem clear. Yet feedback from

diverse community organisations112 is that they struggle to find legal assistance for their

clients and          are often       unaware of the free l egal      services available in        their

neighbourhood. 113


Similarly, there are Community Legal Centres that are unabl e to justify spending money

on a specialised African worker, yet who are reputedl y struggling to meet the needs of

this community. 114



109   Milgram, above n 36; Hurlston, above n 55; Hunt, ib id.
110
111 For example: Centacare Footscray and the Red Cross are a 5 minute walk from the Footscray CLS. WHOSS
and VicSeg are less than a 5 minute walk from the Coburg-Brunswick CLC.
112 Smith, above n 50; Hearne, above n 10; Hunt, above n 52; Jade, above n 35.
113 Smith, ibid ; Hearne, ibid , Aborete, above n 43; Abeb, above n 53.
114 Blakey, above n 48; Milgram, above n 36.



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By joining community organisations that have had the opportunity to develop close

relationships with discrete segments of the community, Community Legal Centres may

be able to access new groups of clients without the often unjustifiable expenses

associated with employing a specialist worker from the target community.


Thanks to the enthusiasm of Magistrates such as Brian Barrow, a whole range of

educative and recreational activities have been established with the aim of intervening

to prevent youth crime before it becomes a probl em (earl y intervention programs such

as regular soccer matches) and also dem ystifying the criminal justice system for young

people and their families (for example by holding court open days). 115


3        Community Legal Education

It is widely recognised by community lawyers that if community legal centres are to be

successful in reaching small emerging communities such as the Horn of Africa

communities, they need to play an educative role, as well as an advisory role. 116 This is

well recognised by community legal centres in Melbourne and the available literature

reveals that community legal education projects for Horn of Africa people have been

varied, including educative programs such as the various cultural awareness forums

being conduct ed through the Sunshine, Broadmeadows, Dandenong and Melbourne

Magistrates Courts. 117        Additionally, these exchanges of ideas have resulted in the

ongoing or planned establishment of targeted programs designed to either keep Horn of




115 Barrow (2001), above n 73.
116 Blakey, above n 48; Milgram, above n 36; Tommasi, above n 25; Hurlston, above n 55.
117 Recent examples from : Meetin g at Sunshine Magistrates Court with Horn of Africa representativ es to discuss

cultural awareness programs (1/12/1999), followed by a cultural awareness program on the experiences and
expectations of settlers from the Horn of Africa liv ing in the Western Region, also at Sunshine Magistrates Court
(11/2/2000). Cultural awareness program at Dandenong Magistrates Court ('Bridging the Gap': 12/4/2000).
Meeting convened by the Magistrates Court, Victoria Police Multicultural Advisory and Youth Adv isory Units to
discuss community issues at the Broadmeadows Magistrates Court (19/7/2000). Cross-cultural awareness
program, Melbourne Magistrates Court, "I do not understand the law – the law does not understand me"
(10/8/2000); Barrow, above n 73.

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Africa people (mainly young males) out of the justice system or to aid their interaction

with the system. Examples of such projects include: 118


       Continuing discussion with Department of Justice officials, Horn of Africa

        community and Victoria University for funding of an accredited mediator course

        for Horn of Africa community members to enable appropriate disputes to be

        resolved without referral to court.


       Victoria Police versus Horn of Africa so ccer match.


       Victoria University, Melbourne Magistrates Court and City Mission collaborative

        program to involve young Horn of Afri ca men and women in pre -vocational

        training whilst creating and distributing culturally specific 'survival kits' with

        information in appropriate community languages.


       Consistent with the Attorney-General's intention to use Court buildings for

        community        purposes,     consultation      between       the     Senior   Magistrate    at

        Broadmeadows and the Horn of Africa network to secure office space in the

        Moonee Ponds Court for use after hours.


The North Melbourne Community Legal Centre has been particularl y active in providing

culturally and linguistically diverse services to their culturally diverse clientele.          This has

been of particular importance to the Community Legal Centre as they service a large

Somali population in North Melbourne. 119            Classes have been held in family law and

divorce proceeding. These areas reflect the needs of a community coming to terms with

family dislocation and the different roles of parents, husbands and wives in Australian

societ y, compared with the country of origin.120




118 For a more extensiv e list see: Barrow, above n 73.
119 Hurlston, above 55.
120 Mentioned by many Africans interviewed. See especially Omar, above n 42.



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Other group Community Legal Education classes have focussed on motor vehicle

accidents, refl ecting the relatively high number of taxi drivers amongst the North

Melbourne Community Legal Centre clientel e.                      This is an area identified by several

Africans as of importance to the community. 121


Several service providers have identified Horn of Afri ca communities as priority clients

and adapted their services and sometimes their organisational structure to suit.                               For

example, the C entre for Multicultural Youth Issues (and its predecessor, Ethnic Youth

Issues N etwork) has been committed to helping Horn of Africa people for many years

now.122     Recentl y, they have added an Internet service (also with limited hard copy

availability),    providing      young      people      from     culturally     and     linguistically    diverse

backgrounds with plain English information about legal rights and processes. 123 This is

available in Somali and Arabic in the hardcopy (costing $18.50) and the organisation

plans to eventually have translations available online. 124


The Refugee Immigration Law Centre was also identified by several workers as cont aining

a valuable resource library and a wealth of materials. 125                            However, it was also

acknowledged that their library had declined over recent years. 126                              The report by

Nsubuga-Kyobe & Dimock 127 provides an authoritative list of community legal education

sessions that have been conducted by Legal Aid, the Police, various Magistrates Courts

and other institutions.




121 Farah, above n 57; Aborete, above n 43.
122 See reports written by CMYI staff; Beattie, A, Ward, S, The Horn of Africa: Background Information for Workers
with Young People (1997); Ransley (1999), above n 1; Ransley & Fotiadis (1999b), above n 1.
123 Centre for Mult icultural Youth Issues, Landing on Your Feet (2001), <http://cmyi.net.au/la nding/landin g.html>

at 30 August 2002.
124 Fotiadis, above n 46.
125 Besley, above n 78; Hunt, above n 52; Milgram, above n 36; Casey, above n 80.
126 Ibid ; also Mortimer, Deborah (25 Feb 2002) Barrister, transcript held on file with author.
127 As above, n 1, 7-8, 67-72.



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                               V        Community Opinions

                                    A        Research Fatigue

It must be stated at this point that there is a fair degree of scepticism on behalf of the

Horn of Afri ca communities towards researchers. 128 Particularly over the past 1-2 years,

several agencies have conducted numerous studies into their communities in order to

attempt to obtain funding to undertake a variety of Government sponsored programs. 129


There is widespread concern on behalf of Horn of Africa community leaders that the

benefits of this funding are not reaching their communities, that the African community

as a whole is suffering from research fatigue, that the agenci es involved are not

consultative enough and that agencies are not employing Afri can workers to conduct

their research or implement their programs.130 The extent to which this is a fair assessment

of the true situation is largely irrelevant for the purposes of this project. What is important

is to recognise and respect these opinions and to work at gaining the interest and

respect of the community leaders. They have clearl y stated that this is possible if basic

research standards are met, namely: 131


                   Using the community leaders as conduits to the wi der Horn of Africa

                    communities, rather than contacting individual Horn of Africa persons

                    individually.


                   Sampling a representative section of the community, including young

                    people, women, men and older people as well as academics and

                    community leaders.


                   Checking the facts with the community leaders before publication.




128   See especially Mamo, above n 26; Omar, above n 42.
129   Nsubuga-Kyobe, above n 15.

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               Maintaining a culturally sensitive approach to the research at all times.


Whilst the above list should be self-evident, concern about substandard, intrusive

research has led to the formulation of a working party, with members from each of the

Horn of Africa community councils, to evaluate requests for assistance with research. 132


                                B       Empowerment

Having identified the fact that that much of the community is marginalised in terms of

understanding of the justice system, it is also essential to realise that there is a small core

of highly academic Horn of Africa people, who are very concerned that white

Australians are using their entrenched power and influence to keep African -Australians

marginalised and divided, in order to protect their jobs in the welfare sector. 133 Involving

this segment of the community in any research undertaken is therefore doubl y essential

as it is viewed by many Afri cans as the first step in devolving responsibility for their

community's welfare and well-being to the people best able to articulate African needs,

namely African community leaders. 134


            C       Community Connections for Young People

Horn of Africa community leaders have recentl y begun to look at how they can better

pass on knowledge and pride to their young people about their cultural heritage –

particularly to those young people who feel isolated and rejected by the community

due to their involvement in crime, drug use or other misdemeanours. 135             Conflict of

cultural expectations for children of migrants has been asso ciated with increased




130  Mamo, above n 26; Omar, above n 42; ib id; Bereded-Samuel, above n 26.   These concerns are
acknowledged by non-African workers also e.g. Hearne, above n 10.
131 See especially Mamo, above n 26.
132 Ibid .
133 See especially Mamo, above n 26.
134 Ibid .
135 See e.g. Tefere, above n 43.



Pro Bono Fellowship Report               Page 42                               August 2002
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substance abuse, misdemeanours, crimes and resultant homelessness and other

associated problems. 136


Coping with problems such as drug use by young people in a tolerant and encouraging

manner requires a shift in thinking for many family members who struggle to come to

terms with the societal shame associated with substance use. 137                According to one

Community Legal Centre worker, this is just one of the several generational changes that

can be expected amongst the Horn of Africa community if the experiences of previous

migrant waves is repeated. 138


Magistrate’s Court Bail Coordinator Jo Beck ett has been witness to this process with her

Horn of Africa clients, some of whom she has assisted in a so cial work capacit y for more

than a decade. 139 It is her experience that implementing effective interventions requires

community education, partnerships between legal institutions, community welfare

organisations and individuals.140      Other interviewees agree, citing the move towards

youth self-determination projects as a positive development for the community. 141


Therefore, the significance of programs that reconnect young people who have

offended with their communities and cultures can not be underestimated, requiring, a s it

does, a l eap of faith on behalf of families and community leaders and a concerted

community commitment to supporting their young people when, from a traditional

cultural perspective, it may be easier to disown them. The potential benefits, however,

are significant and include stronger families, stronger communities with a pride in their

history and culture and a generation of young, self-confident leaders, able to cope with

the challenges of straddling two cultures.



136  Beckett, above n 50; Guerra, Carmel & White, Rob, Government Response to Australian Law Reform
Commission Report No. 57: Ethnic minority youth in Australia : Challenges and myths (1995), 13, 25-27.
137 Beckett, above n 50.
138 Blakey, above n 48.
139 Beckett, above n 50.
140 Ibid .
141 See especially Barrow, above n 73.



Pro Bono Fellowship Report                  Page 43                                 August 2002
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                              VI      The Way Forward

This research has focussed on themes of the interconnect edness of non-profit agencies,

community legal centres and the Horn of Afri ca community, with the goal of providing

some basic insight into some of the more contentious socio -political matters that colour

issues of access to legal services.


The Foundation House annual report 142 shows that many new migrants from war torn

areas (and most of the Horn of Africa has faced civil and inter-country wars over the past

few decades 143) have a well-grounded suspi cion of legal systems and institutions.         It

would appear to follow that the community may be less active than the population as a

whole in seeking out legal services.         Widespread illiteracy, especially amongst older

people and women, will also tend to hinder community member s from accessing

services, along with the less quantifiable cultural factors that act as an additional barrier

to legal service provision.


Literacy and pre-settlement trauma are incredibl y complex issues. By contrast, the

proliferation of cross-cultural training and its respected position as a valuable tool in the

professional service provider's skills kit is evidence that cultural barriers are more easily

overcome. As a result, the emphasis of this report has been upon (a) increasing the

cross-cultural skills of legal service providers; (b) increasing the number of opportunities

for Horn of Africa people to come into contact with culturally aware legal service

providers; and (c) providing information to Horn of Africa peopl e about the legal system

– preferabl y before they ever require it.


One of the major conclusions to be drawn from the interviews is that although this

community has been the subject of intense study by some organisations, there is an




142   See above, n 68.

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141416723
equal amount of ignorance amongst other, less specialised service providers as to the

specific needs of this emerging community.


Principles of community development recognise that in order to improve service

provision to marginalised groups, it is necessary to ensure that learning is a two -way

process with, ideally, both the service provider and client learning from each other. This

report emphasised the importance of both cross-cultural training for legal service

providers working with Horn of Africa clients, as well as the provision of Community Legal

Education ('CLE') to Horn of Africa clients by legal service providers.


This research also looked at ways in which Community Legal Centres seek to make

themselves more accessible and attractive to the Horn of Africa community, despite

limited resources.       The concepts of co-location, networking and outreach were

investigated, with reference to existing good practice examples. There is evidence from

the interviews and literature that all of the above methods can be cost -effective and

successful means of broadening the range of clients accessing legal services.                        Such

methods have an additional benefit: they encourage the holistic assistance of clients

with not just legal problems but a range of lifestyle issues that may assist them in avoiding

trouble with the law in the future. An example would be that of a drug using teenager

accessing Youthlaw at Frontyard for advice on a misdemeanour charge resulting from

their substance use and being referred to counselling at the same site.


The importance of CLE to small em erging communities can not be overstated.                            CLE

provides a face-to-face learning opportunity for a group who may have a natural

suspicion of the legal system. Furthermore, personal contact with trained CLE providers

helps overcome language and literacy barriers, familiarises clients with the location of

free legal services, courts, police stations etc in their suburb and provides a valuable



143 Loyatum, Stephen, 'The impact of internal conflicts of the economy of the Greater Horn of Africa' (2001)
Africa Today Symposium, School of Anthropology, Geography and Environmental Studies University of

Pro Bono Fellowship Report                     Page 45                                   August 2002
141416723
marketing tool for community legal centres, who can expect to profit from word -of-

mouth referrals.


In summary, the way forward for service providers who wish to improve the accessibility

of their community legal centre to Horn of Africa clients is clear.   A combination of

cultural awareness training, exposure to the target community through networks of

professionals and community leaders, and the willingness to trial outreach and co -

location programs has the potential to result in demonstrable increases in Horn of Africa

clients accessing Community Legal Centres.




Melbourne.

Pro Bono Fellowship Report            Page 46                            August 2002
141416723
                                 VII     Bibliography

1       Books and Journals

Alwis, Randolph, 'Little Hope for Ethnic Australians' (2001) 3 Impact Magazine 12


Australian Law Reform Commission, Government response to Australian Law Reform

      Commission report no 57: multiculturalism and the law (1995)


Barrow, Brian, Pre-Trial Diversion Pilot Magistrates' Court Victoria (2000)


Barrow, Brian, Memorandum for Mr Pat Armstrong Chief Executive Officer: Responding to

      the needs of a culturally diverse soci ety (2001a)


Barrow, Brian, Interpreting Services for Settlers from the Horn o f A frica, letter dated

      08.09.2001 (2001b)


Barrow, Brian, Legal Aid briefings on legal issues to the Horn o f A frica Community Council

      (2001c)


Barton, T, Borrini-Feyerabend, G, de Sherbinin, A, Warren, P, Our People, Our Resources

      (1997)


Beattie, A, Ward, S, The Horn o f A fri ca: Background Information for Workers with Young

      People (1997


Bereded-Samuel, Elleni, Profile: A Profile of Settlers from the Horn of A frica Living in the

      Western Region (1999)


Berk-Seligson, S, The Bilingual Courtroom: Court Interpreters in the Judicial Process (1994)


Blake Dawson Waldron, National Policy and Guidelines: Pro Bono Scheme (2000)


Broadmeadows Community Legal Service Inc, Annual Report 1999-2000 (2000)


Brooks, L, Department of Human Services Cultural Planning Tool: Planning for Multicultural

      HACC Services (1996)


Pro Bono Fellowship Report                 Page i                             August 2002
141416723
Coburg-Brunswick Community Legal & Financial Counselling Centre, Annual Report

     (2000)


Conley, JM, O’ Barr, WM, Just Words. Law, Language and Power (1998)


Coopers & Lybrand, National Languages and Literacy Institute of Australia Evaluation

     Review: Report (1994)


Department of Immigration and Multicultural Affairs, Migration and Humanitarian

      Program visas Granted, 1990-1998 (1998)


Department of Human Services, Annual Report 2001-2002 (2002), p.56.


Department of Immigration and Multicultural Affairs, A good practice guide for culturally

      responsive government servi ces, Australian Government Printing Service, Canberra,

      (1998b)


Department of Social Security Migrant Services Section, English-Vietnamese Glossary of

      Social Securit y and Wel fare Terms: A Languag e Guide for Departmental Public

      Contact Staff (1993)


Earle, J, Kearney, P, Discussion Paper 48, Multiculturalism: Criminal Law (1991)


English, C, Pro Bono Directory: A Guide to Pro Bono Opportunities for the Legal Pro fession

      (1997)


Flemington & Kensington Community Legal Centre Inc, Annual Report 1999-2000 (2000)


Fotiadis, Poppy, 'Victorian Police Multicultural Liaison Units' (2001) CMYI Winter Update 3


Guerra, Carmel & White, Rob, Government Response to Australian Law Reform

     Commission Report No. 57: Ethnic minority youth in Australia: Challenges and myths

     (1995)




Pro Bono Fellowship Report               Page ii                             August 2002
141416723
Healey, K (Ed.),'The Nature of Community Space' (1998) Youth and the Law, Vol. 90.

     Article abridged from Youth Action and Policy Association NSW Inc (YAPA), No

     Standing – Young People and Community Space Project Research Report (1997


Hunt, V, Indigenous Garden Program Proposal Overview: Parkville Youth Residential

     Centre (2000)


Islamic Women's Welfare Council in Victoria, Islam Opposes Violence Against Women: A

     Resource Booklet (1995)


Jabir, Omar, Networking Horn of A fri cans: Horn o f A fri can Communities Network in

     Victoria (2000)


Kearney, P, Issues Paper No. 9, Multiculturalism and the Law (1990)


Kearney, P, McKenzie, R, Discussion Paper 46. Multiculturalism: Family Law (1991)


Lester, A, Bindman, G, Race and Law (1972)


Lewig, C, Women from Newly Arrived Communities Talking About Family Violence (2000)


Loyatum, Stephen, 'The impact of internal conflicts of the economy of the Great er Horn

     of Africa' (2001) A fri ca Today Symposium, School of Anthropology, Geography and

     Environmental Studies University o f Melbourne


McKenzie, R, Kearney, P, Discussion Paper 49, Multiculturalism: consumer contracts (1991)


McRobbie, A, Jupp, J, The Commonwealth/State Council on Non-English-Speaking

     Background Women's Issues: How Can We Tell You...How Will We Know? Women

     and Language Services (1992)


Ministerial Committee on the Provision of Language Services, Report on the Consultations

     August – October 1991 (1991)


Nelken, D, Comparing Legal Cultures (1997)




Pro Bono Fellowship Report              Page iii                           August 2002
141416723
Northern Family Violence Network, Women from newl y arrived communities talking about

       domestic violence (2000)


Nsubuga-Ko ybe, Apollo, Dimock, Liz., African Communities and Settlement Services in

      Victoria: Toward Best Practice Service Delivery Models (2000)


Plimer, D, Casquilho, A, The Commonwealth-State Council on Non-English-Speaking

      Background Women's Issues: Implementation strategy o f the report to the

      Commonwealth-State Council on Non-English-Speaking Background Women's

      Issues on Women and Language Service (1993)


Quynh-Du, T, Connellan, G, Gentile, A, Vietnamese Language Community Legal

      Education: A Report on the effectiveness o f using Translated Material in the

      Dissemination of Legal Information through a Vietnamese Language Newspaper

      (1993)


Ransley, Carol, Navigating Their Journey: A Guide for Workers with Sudanese Young

      People (1999)


Ransley, Carol, Fotiadis, Poppy, Emerging Settlement Issues for Young Peopl e from the

      Horn of Afri ca: Discussion Paper 1/99 (1999b)


Ronalds, C, Discrimination Law and Practice (1998)


Settlement Planning Unit, Horn of A frica Settler Arrivals in the Western Region from

      1/7/1996 to 30/6/2000 (For all age and migration categories) by LGA, Birthplace

      and Gender (2000)


Stempf De Vargas, K, Interpreting Servi ces for Settlers from the Horn of A frica, letter dated

      24.08.2001 (2001)


SuccessWorks, Best Practice in Collaboration (2001)


Thornton, M, The Liberal Promise: Anti-Discrimination Legislation in Australia (1990)




Pro Bono Fellowship Report               Page iv                              August 2002
141416723
Tommasi, C, Camilleri, M, Issues Facing the Horn o f A fri ca Communities: Action Research

      Project on the Legal Needs o f the Horn of A fri cans living on the Flemington Public

      Housing Estate and surrounding suburbs of Flemington and Kensington (1995)


Tommasi, C, La Mude, T, Aden, A, Livin' on the High Rise (1995)


Victorian Foundation for Survivors of Torture, Annual Report 1999/2000 (2000)


Victorian Law Foundation, Pro Bono Directory (4t h ed, 2000)


Wong, D, 'Community space and NESB young people' (1996) 2(4) AYPAC Update, 1


Wemyss, B, 'Broadmeadows Diversion Scheme' (1997) 1 Victoria Police Bulletin, 2


2      Interviews

Abeb, Meseret (21 Sep 2001) Youth Worker, Fitzroy Youth Housing Service, transcript held

     on file with author


Aboret e, Terefe (11 Feb 2002) Family Worker, C entacare, transcript held on file with

     author


Albert, Matthew (14 Aug 2002) Pro Bono Fellow, Blake Dawson Waldron, transcript held

     on file with author


Barrow, Brian (Sep – Oct 2001) D eput y Chi ef Magistrate, Melbourne Magistrate's Court,

     transcripts held on file with author


Beckett, Jo (27 Sep 2001) Bail Coordinator, Melbourne Magistrate's Court, transcript held

     on file with author


Bereded-Samuel, Elleni (6 Aug 2001) Multicultural Coordinator, Victoria University of

     Technology, transcript held on file with author


Besley, Ri chard (27 Aug 2001) Solicitor, Darebin Community Legal C ent re, transcript held

     on file with author




Pro Bono Fellowship Report                  Page v                         August 2002
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Blakey, Jenny (27 Aug 2001)Coordinator, Fitzroy Legal Service, transcript held on file with

      author


Casey, Maree (29 Nov 2001) Solicitor, Broadmeadows Community Legal Centre,

      transcript held on file with author


Dugdale, Juli (21 Aug 2001) Consultant, Success Works, transcript held on file with author


Faldon, Lisa (13 Feb 2002) MbA student: thesis on mentoring for women, transcript held

      on file with author


Farah, Issa (20 Sep 2001 – Feb 2002) President, Somali Association/3ZZZ Radio Somali

      Group Convenor, transcript held on file with author


Fotiadis, Poppy (28 Sep 2001) Program Manager, C entre for Multicultural Youth Issues,

      transcript held on file with author


Hearne, Rosemarie (6 Aug 2001 & 3 D ec 2001) Clinical Manager, Centacare Footscray,

      transcript held on file with author


Hunt, Emma (27 Nov 2001) Co-Executive Director, Public Interest Law Clearing House,

      transcript held on file with author


Hurlston, Lee (30 Aug 2001) Lawyer, North Melbourne Community Legal C entre, transcript

      held on file with author


Jade, Louise (3 Sep 2001) Case Worker, Women's Housing Outreach & Support Service

      (WHOSS), transcript held on file with author


Jaffe, Russell (10 Aug 2001) Principal Consultant, Jaffe Consulting, transcript held on file

      with author


Klein, Alex, (7 Sep 2001) Barrister, Children's Court, transcript held on file with author


Mamo, Abraha (21 Sep 2001) Youth Worker, Fitzroy Youth Housing Service, transcript held

      on file with author


Pro Bono Fellowship Report                  Page vi                             August 2002
141416723
Milgram, Karen (30 Aug 2001) Comm unity Development Worker, Coburg-Brunswick

     Community Legal Centre, transcript held on file with author


Mortimer, Deborah (25 Feb 2002) Barrist er, transcript held on file with author


Nicholson, Sarah (21 Nov 2001) Solicitor, Youthlaw Legal Centre, transcr ipt held on file

     with author


Nsubuga-Kyobe, Apollo (14 & 23 Nov 2001) Lecturer, School of Business, La Trobe

     University, transcript held on file with author


Omar, Omar Jabir (22 Aug 2001) Community Worker, Ethnic Communities Council,

     transcript held on file with author


Perkovic, Marko (17 Sep 2001) Community Settlement Worker/Social Worker, Westgate

     Migrant Resource C entre, transcript held on file with author


Sandy, John (22 Aug 2001) Manager, Afri can Community Employment & Business Service,

     , transcript held on file with author


Smith, Joanne (5 Oct 2001) Case Worker, Footscray Red Cross, transcript held on file with

     author


Tommasi, Carmen (24 Aug 2001) Coordinator, Flemington and Kensington Community

     Legal Centre, transcript held on file with author


Trudgeon, Ron (26 Nov 2001) Manager, Translating and Interpreting Service, transcript

     held on file with author


Williams, Marcus (24 Aug 2001) Solicitor, Footscray Legal Service, transcript held on file

     with author


Women's Housing Outreach & Support Service, Diversity Manual (undated)




Pro Bono Fellowship Report                 Page vii                          August 2002
141416723
3        Internet

Centre     for      Multicultural   Youth    Issues,    Landing   on   Your   Feet   (2001),

     <http://cmyi.net.au/landing/landing.html> at 30 August 2002.


Young Peoples' Legal Rights Centre Inc, Youthlaw, < www.youthlaw.asn.au> at 30 August

     2002.




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