Restoring identity - achieving justice for the stolen generations
Remarks by Dr Bill Jonas at the launch of Restoring identity, a report on consultation and research for a reparations tribunal for the stolen generations. Launched in Sydney on Friday 27 September.
Acknowledgement of traditional owners.
It is now more than 5 years since the Human Rights and Equal Opportunity Commission completed its national inquiry into the separation of Aboriginal and Torres Strait Islander children from their families with the publication of Bringing them home.
Those five years have seen a wave of emotions for the stolen generations ranging from feelings of vindication as their experiences have finally been publicly recognized, right through to great distress due to the acrimonious debate that has taken place about the report and the experiences of the stolen generations.
That debate has thankfully died down over the past nine months, but rather than leading to resolution and peace of mind for the stolen generations it has largely been replaced by silence and disinterest from the broader community.
The injustice of the response of all governments to the report and experiences of the stolen generations remains, yet it is slowly fading from the public agenda as a matter of priority and concern. And perhaps ironically, as debates continue about dealing with issues of abuse within the churches, there has been even less focus on the role of churches in responding to the experiences of the stolen generations. The lack of focus on the role of the churches in making reparation to the stolen generations is a particularly scandalous silence of recent years.
The report that we are launching here today, Restoring identity – the final report of the Moving Forward consultation project, faithfully reflects the ongoing dimensions of the distress and lack of healing that continues to exist for those forcibly removed from their families and communities.
In recognition of the deficiencies of the public policy responses to the impact of forcible removal policies the Public Interest Advocacy Centre proposes an all-encompassing tribunal process to provide a package of reparations measures to affected individuals and communities. There are three main things to be said about this proposal.
The first is that I support. It is a manifest truth that issues of great importance to people forcibly removed from their families have not been dealt with through the package of practical measures adopted at the federal level. What we are missing in the current approach is humanity. This tribunal process seeks to provide such humanity and dignity to the way that we respond, as a society, to one of the most ill-conceived and destructive policies ever introduced by governments in Australian history.
The second is that this model is innovative. It poses a great challenge to governments at all levels to address outstanding issues of grief and trauma head on, rather than turning the process into an administrative and legal nightmare or – as is currently being done – simply doing very little at all. The pivotal features of this model are that it is based on acknowledgment, recognition; atonement; and healing. It recognizes that the process of telling your story is one of the most powerful and important to the stolen generations. It is not merely a matter of empty symbolism, it is a vital component of the reparation process. Until that is understood there will be no peace or settlement for the stolen generations.
The third is that perhaps tribunal is the wrong word for this process as it immediately conjures an image of a process dominated by legalism. This image has been mischievously used by the federal government to reject the tribunal approach in the past. So again, there is a need to see beyond a black letter law approach and instead enter the realm of justice. It is patently clear that our legal system as it currently stands is not equipped to deal with the claims of the stolen generations. Rather than restate this unjust truth, let’s do something to change it.
To conclude, in supporting the recommendations of the report, I want to make some comment specifically on the first two recommendations of the report. These relate to the monitoring framework for government responses to forcible removal policies. I have argued for some years that the monitoring framework that has been agreed for the implementation of Bringing them home is inadequate due to the lack of accountability and transparency of the process.
It is now at least 18 months, possibly longer, since it was announced that the Ministerial Council of Aboriginal and Torres Strait Islander Affairs – or MCATSIA – would be providing a monitoring role for Bringing them home. Work has thankfully commenced on this task, but the delay is wholly unacceptable. From what I have seen of the monitoring process is seems to replicate problems of implementation of the Royal Commission into Aboriginal Deaths in Custody in that it is not rigorous, independent or proactive in its approach. And yet, at the same time, serious allegations have been raised by stolen generations groups that existing funding is not reaching those in greatest need and is being allocated without any sense of partnership or collaboration with stolen generations people.
This monitoring framework needs to be reviewed through regular, public reporting; and with full participation and consultation of stolen generations groups. The current process makes a mockery of the federal government’s rhetoric on practical reconciliation – as deficient as that approach already is.
Thank you.
Last updated 27 September 2002
