Operation Tepito: NSW Police's Suspect Targeting Management Plan Used to Target Indigenous Youth
January 3, 2024
Hunter Duke
The LECC has finalized its comprehensive investigation into the New South Wales Police Force's utilization of the STMP on children and young people, known as Operation Tepito. The report expresses significant concerns about the STMP's application, highlighting potential unlawful interactions with young individuals. Chief Commissioner Peter Johnson acknowledges the cessation of STMP use by the police force, emphasizing the need for lawful and youth-centric approaches in policing. This targeting of indigenous youth echo tactics used against other indigenous populations in North America.
Human Rights
Overview of Operation Tepito
The Law Enforcement Conduct Commission (LECC) has concluded its extensive investigation into the New South Wales Police Force's use of the Suspect Targeting Management Plan (STMP) on children and young people, referred to as Operation Tepito.
Wollongong highway patrol’s Senior Constable Phil Roddy demonstrates the automatic number plate recognition technology.
Concerns Raised by the Commission
The final report, representing the culmination of a five-year investigation, outlines the Commission's significant concerns regarding the STMP's application on young individuals. Notably, it identifies instances where STMP-related policing interactions with young people were, or may have been, unlawful.
One crucial observation highlighted in the report is the consistent overrepresentation of Aboriginal and Torres Strait Islander young people as STMP targets. This underscores the ongoing discriminatory impact of the policy on indigenous populations, a matter of significant concern to the Commission.
Response from NSW Police Force
Upon reviewing the Commission's draft report, the NSW Police Force informed the Commission of its decision to cease using the STMP on young people since October 2023. Chief Commissioner Peter Johnson SC commended this decision, emphasizing the importance of lawfulness and adherence to legal frameworks in policing youth.
No Formal Finding Against the Police Force
While the Commission has not issued a formal finding against the NSW Police Force following the discontinuation of STMP use on young people, it has characterized the program as "unreasonable, unjust, oppressive, or improperly discriminatory in its effect on children and young people."
Mark43’s Intergrated Policing Operating System is being implmented throughout the AU
Background of the Suspect Targeting Management Plan
The Suspect Targeting Management Plan, implemented by the NSW Police, is a pre-emptive policing program designed to identify and target individuals predicted to potentially commit future crimes.
Policing Tactics Under STMP
The program allowed for intrusive policing tactics, including home visits at any hour, street stop-and-search procedures, and disruptions to individuals' everyday lives. The final report, covering the period between November 2020 and February 2022, reveals persistent issues. Despite recommendations, the NSW Police Force failed to implement reforms, resulting in continued overrepresentation and unlawful practices, particularly against First Nations young people.
Commission's 2020 Recommendations
The LECC's 2020 interim report was critical of the police's use of the management plan, recommending reforms, policy guidelines, and training to address issues such as intrusive strategies and lack of positive interactions. The Commission's findings point to systemic issues within the policing system, including varied intelligence assessments, unclear justifications for plan inclusion, and inadequate consideration of alternatives. The lack of positive interactions and support referrals raises concerns about the overall effectiveness of the STMP.
Invasion Day Rally Draws Hundreds to Melbourne - January 25, 2020 [Johan Mouchet]
Disproportionate Targeting of First Nations Youth
A significant revelation is the disproportionate targeting of First Nations young people, with an increase from 42% in 2020 to 48% in 2022. The Commission highlights the failure of the NSW Police Force to analyze and address this overrepresentation.
Call for Community-Centric Approaches
In light of the report, the Commission emphasizes the need for culturally appropriate, therapeutic, trauma-informed services run by Aboriginal community-controlled organizations. It also underscores the necessity of keeping Aboriginal children at a safe distance from police involvement. Examples like the Yuwaya Ngarra-li partnership in Walgett and Just Reinvest in Bourke, Kempsey, and Moree showcase successful community-led diversion programs. The UTS Jumbunna Institute of Indigenous Education's ideas around Aboriginal self-determination in youth justice provide valuable insights for guiding principles.
Future Measures
While the NSW Police has ceased the use of the Suspect Targeting Management Plan for individuals under 18 and is developing a replacement approach, questions linger about whether the new strategy will prioritize community-led, holistic diversion programs. The Suspect Targeting Management Plan's discontinuation underscores the imperative for change within policing practices. A shift towards community-designed and driven early interventions, along with health, housing, and education support, aligns with the NSW government's commitment to divert First Nations people from the criminal justice system.
Canada's Parallel Measures
Drawing a parallel with Canada's recent developments, this article highlights contrasting police responses to protests against forestry companies and anti-vax movements. It delves into the role of surveillance practices in shaping these responses and the impact on Indigenous land defenders.
Contrasting Police Responses in Canada
A comparative analysis of police responses in Canada reveals stark similarities in handling protests and surveillance of citizens, shedding light on the influence of surveillance practices.
Protesters Rally in Solidarity with Wetsuweten Nation - Feb 18 2020 [Erik McGregor - LightRocket via Getty Images]
Fairy Creek Protests
The ongoing land defense against forestry companies in Fairy Creek, B.C., has faced extensive police repression, with the surveillance contributing to a more forceful response.
Anti-Vax Protests
Conversely, anti-vax protests across Canada have experienced a laissez-faire police approach, showcasing varying responses influenced by surveillance practices.
Distorted Perceptions
Surveillance practices play a pivotal role in shaping law enforcement responses, impacting the treatment of different protest movements. However surveillance distorts perceptions, characterizing targeted groups as threats to public order. Indigenous land defenders, for instance, have been labeled as "extremists," contributing to a negative cycle of further surveillance and intervention.
RCMP Conducts Site Inspection of Wetsuweten Village - [Credit Gidimt'en Checkpoint]
Professionalization of Protest Policing
Over the past two decades, protest policing tools have professionalized and standardized, relying heavily on surveillance for pre-emptive interventions. This strategic incapacitation approach aims to suppress social movements by targeting organizers, collecting intelligence, and controlling protest activities.
The contrasting responses in Canada underscore the profound impact of surveillance on policing and society. The article raises concerns about the legitimacy and effectiveness of police organizations in responding to diverse social movements.
TigerSwan's Role in Dakota Access Pipeline Opposition
Shifting the focus to the United States, the involvement of TigerSwan in countering the indigenous-led movement against the Dakota Access Pipeline (DAPL) raises profound concerns about the intersection of corporate interests and security operations.
TigerSwan, identified as a private security firm, played a pivotal role in collaborating with law enforcement agencies across five states. The objective, reportedly at the behest of Energy Transfer Partners, was to counteract and suppress the indigenous-led movement opposing the DAPL project.
TigerSwan's Role and Collaboration
Internal documents obtained shed light on the collaboration between TigerSwan and law enforcement entities. This partnership reveals a concerning alignment between private security interests and public policing, raising questions about the ethical implications and potential overreach of corporate influence in matters of public protest.
Law Enforcement Sets Up Barricade at Backwater Bridge - [Photograph by C.S. Hagen]
Military-Style Counterterrorism Measures
TigerSwan's response to the indigenous-led movement was characterized by the adoption of military-style counterterrorism measures. Describing the movement as an "ideologically driven insurgency" draws parallels to jihadist fighters, introducing a narrative that intensifies the perceived threat and justifies a heightened level of security response.
Police Officers Operate IR Surveillance Cameras, Secretly Tracking Individuals from Above - [Unicorn Riot]
Surveillance and Infiltration
Leaked documents unveil a multifaceted security operation orchestrated by TigerSwan, involving extensive surveillance, infiltration, and coordination with law enforcement. This comprehensive approach aimed to undermine the protest movement by closely monitoring activists, collecting intelligence, and strategically intervening to disrupt their activities.
Police drone footage still shot of the moment Red Fawn Fallis was tackled – The Intercept files
Anti-Democratic Implications of Mass Surveillance
From Operation Tepito's impact on indigenous youth in Australia to TigerSwan's role in countering the Dakota Access Pipeline opposition in the United States, the thread of surveillance weaves through diverse narratives.
The lens of scrutiny reveals anti-democratic tendencies, as private security firms collaborate with law enforcement, employing military-style measures that erode civil liberties. The disproportionate targeting of marginalized communities, as seen in both hemispheres, underscores the urgency for vigilant oversight and systemic reforms.
In this era of pervasive surveillance, it becomes imperative to question the ethical boundaries of security practices. Striking a balance that safeguards democratic principles while addressing legitimate security concerns necessitates a collective effort. The narratives presented here serve as a call to action— urging communities, policymakers, and citizens alike to engage in discourse and advocacy that ensures a future where security and democracy coexist harmoniously.