Key Takeaways
- Paul Silva, the nephew of David Dungay Jr, has been advocating for change and justice for Aboriginal deaths in custody for over a decade
- Australia recorded its highest number of Aboriginal deaths in custody in 45 years, with 33 deaths in 2024-25
- The NSW government has passed new laws giving the police commissioner powers to ban protests on NSW streets for 14 days and up to three months
- The new laws could impact upcoming rallies, including the second rally for David Dungay Jr and the Invasion Day Rally on 26 January
- Independent senator Lidia Thorpe has criticized the laws, saying they could be used to silence marginalized communities and restrict democratic rights
Introduction to the Issue
Since his uncle died in custody at one of New South Wales’ toughest prisons a decade ago, Paul Silva has been advocating for change almost daily. From organizing large-scale rallies with thousands in attendance to sitting through numerous coronial inquiries and supporting families, he says the right to protest is needed now more than ever. The nephew of David Dungay Jr, a Dunghutti man who died at the age of 26 at Long Bay jail in Sydney’s southern suburbs on 29 December 2015, Silva says the fight for justice "is not just political – it is spiritual, cultural and about survival".
Remembering David Dungay Jr
On Monday, about 80 people gathered at Kempsey police station on NSW’s mid-north coast to remember Dungay Jr and to protest, after Australia recorded its highest number of Aboriginal deaths in custody in 45 years. The gathering marked the 10-year anniversary of Dungay Jr’s death and highlighted the broader issues that Aboriginal people are facing. Silva said, "It not only marks the 10-year anniversary of David Dungay Jr, and the lack of justice and accountability for us as a family, but it was to also highlight the broader issues that Aboriginal people are facing." The protest also drew attention to the fact that in 2024-25, Aboriginal and Torres Strait Islander people accounted for 33 of the 113 deaths in custody, the largest number since 1979-80.
The Broader Issue of Aboriginal Deaths in Custody
NSW recorded the highest number of deaths of any state or territory during 2024-25, with the state’s coroner releasing a statement in October acknowledging the "profoundly distressing milestone". Silva says that the system is exposed for what it really is, and that the government does not really care about Aboriginal deaths in custody. He emphasized that the people who have died in custody are not just statistics, but family members, brothers, sisters, mothers, cousins, and fathers. As of 30 June, 600 First Nations people have died in custody since the 1991 royal commission into Aboriginal deaths in custody was held. Silva’s words highlight the urgency and importance of the issue, and the need for continued advocacy and protest.
New Laws and Their Impact on Protests
The new laws passed by the NSW government last week, giving the police commissioner powers to ban protests on NSW streets for 14 days and up to three months, could impact the second rally for Dungay Jr and the upcoming Invasion Day Rally on 26 January. The laws were passed in response to the Bondi beach terrorist attack, but independent senator Lidia Thorpe has criticized them, saying that they could be used to silence marginalized communities and restrict democratic rights. Thorpe told Guardian Australia, "History shows that when governments grant themselves broad powers to restrict protest, those powers are used first and most harshly against First Peoples and other marginalized communities." She emphasized that protest is not a threat to democracy, but a fundamental pillar of it, and that restricting assemblies simply because a government claims they may "sow division" is about silencing voices that speak truth to power.
The Importance of Protest and Advocacy
Silva says that if rally organizers are banned from holding upcoming public assemblies, they will not give in and "will tackle them strategically". The importance of protest and advocacy in bringing attention to the issue of Aboriginal deaths in custody cannot be overstated. The fact that Australia has recorded its highest number of Aboriginal deaths in custody in 45 years is a profoundly distressing milestone, and it highlights the need for continued action and advocacy. The upcoming rallies, including the second rally for David Dungay Jr and the Invasion Day Rally on 26 January, will provide an opportunity for people to come together and demand justice and accountability for Aboriginal deaths in custody. As Silva says, the fight for justice is not just political, but spiritual, cultural, and about survival, and it will continue until meaningful change is achieved.