Moving forward-achieving reparations for the stolen generations
Conference recommendations
General issues
1. That the Federal Government, state and territory governments and the churches fully implement the recommendations of Bringing them home.
2. That governments and churches ensure the effective participation of stolen generations members in all decision making that affects them.
3. That the Federal Government apologise to the stolen generations in accordance with recommendation 5 of Bringing them home.
4. That the Federal Government provide annual funding to convene national conferences for the stolen generations.
5. That current funding arrangements be extended to provide adequate funding for National Sorry Day activities.
6. That human rights be constitutionally protected, as a guarantee against repetition.
7. That genocide be specifically prohibited by Commonwealth legislation.
8. That ATSIC, in collaboration with representative stolen generations organisations, disseminate these recommendations.
Identity, tracing and family records
9. That all levels of government and church agencies fully maintain all records relevant to institutions, and implement the recommendations in Bringing them home in relation to records management.
10. That state and territory governments waive all fees associated with retrieving and amending birth, marriage and death certificates of members of the stolen generations and their descendants so that they reflect their natural birth parents.
11. That the practice of burying members of the stolen generations with a grave identified by a number, rather than a name, be rectified by the establishment of a fund to pay for the funerals of members of the stolen generations, where appropriate.
Family re-union and counselling
12. That Commonwealth funding for reunion and counselling services be the subject of adequate consultation with stolen generations members to ensure that it better meets the specific needs of members of the stolen generations. Participants were concerned that the current funding arrangements do not ensure that resources are being allocated to the appropriate organisations (particularly for counselling services).
13. That the Federal Government ensure, as an urgent priority:
i) funding for Indigenous counsellor positions is made available;
i) training and skills development for Indigenous counsellors include reference to the particular needs of the stolen generations (the Muramali Project was seen as a model in this regard); and
ii) all course curricula for Indigenous health studies incorporate stolen generations issues and healing principles.
14. That the Federal Government provide recurrent funding to Link-up for counselling services, family reunions and annual reunions of people removed to the same institutions.
15. That current funding arrangements be extended to provide ongoing counselling, relationships and parenting support for stolen generations members.
Memorials
16. That federal, state and territory governments consult with members of the stolen generations and their representative organisations in relation to maintaining former institutions of removal as memorial, monuments or historical sites. For example, that the NSW Government consult with people removed to Cootamundra Girls Home (now Bimbadeen College) about the maintenance of the site as a memorial; that Moore River native settlement/Mogumber Mission be restored to its original state and preserved as a memorial to the stolen generations, following consultation with those formerly removed to the institution.
Community Education
17. That reparations include community education and recognition of the experiences of removal.
Compensation
18. That a reparations package include financial compensation for people who were harmed by forcible removal policies. Compensation should take into account individual experiences and loss.
Reparations tribunal
19. That a reparations tribunal be established, following effective consultation with stolen generations members and their representative organisations.
20. That the tribunal be established as a partnership of government, churches and Indigenous organisations, including the stolen generations.
21. That the tribunal be funded by the federal and state governments and the churches who implemented the removal policies.
22. That the majority of the tribunal's membership be comprised of stolen generations representatives from all states and territories.
23. That the reparations tribunal have the following functions:
i) to hear peoples stories;
ii) to investigate applications and obtain documents from governments and church agencies;
iii) to grant reparations, including compensation;
iv) to assist in the design of reparations programs;
v) to make recommendations about policies and practices regarding past forcible removals, eg access to records, mediation and negotiation processes between territory, state and federal governments and stolen generations groups;
vi) to make recommendations about policies and practices regarding contemporary separation of Aboriginal and Torres Strait Islander children from their families, including through the care and protection and juvenile justice systems;
vii) to make recommendations to governments in terms of the Bringing them home Report; and
viii) to carry out any other functions identified through consultations and negotiations with the members of the stolen generations and their families.
24. That the tribunal receive applications from individuals, families, communities, and groups of people removed to the same institution.
25. That descendants of those forcibly removed be entitled to bring applications before the tribunal and receive reparations to deal with the ongoing consequences of removal.
26. The tribunal will:
i) liaise broadly with existing service providers at all levels of government; with Indigenous organisations such as ATSIC, land councils, and the Indigenous Land Fund; and with the churches;
ii) negotiate with the applicants to determine the appropriate package of reparations (in accordance with the principle of self-determination) and seek to reach a consensual agreement regarding the provision of such reparations; and
iii) have expedited procedures to prioritise applications from applicants to the tribunal who are old or sick or those making applications on their behalf.
27. That the tribunal must be represented in and accessible to people living in regional areas.
28. That HREOC, ATSIC and PIAC, in collaboration with representative stolen generations groups, design and implement a process of further consultation about a reparations tribunal.
