Separated Children - Still waiting to be brought home
The Human Rights Commission is saddened by assertions presented by the Minister for Aboriginal Affairs in his submission to the Senate Inquiry into the Stolen Generation.
"Senator Herron's submission misrepresents the evidence and the conclusions of the National Inquiry into the Separation of Aboriginal and Torres Strait Islander Children from Their Families. It is a hurtful re-writing of history for the new millennium," the Commission says.
In the report of the Inquiry, Bringing them home, the Human Rights Commission found that it was impossible to determine accurate figures on the numbers of children forcibly removed from their families. The figure of ten per cent was stated to be an under-estimation for a variety of reasons. Records were poorly and inconsistently maintained. Many cases were disguised in other ways.
Removals were effected under a number of guises. In some communities, few children were removed. In others, nearly all children were taken from their families. It was however the clear and unambiguous policy of the Northern Territory and Western Australian Governments of the time to remove all half-caste children. The denial of this history can only further undermine the prospects of a just reconciliation between Aboriginal Australians and the rest of the community.
The Report also found that significant numbers of children from several generations were removed. Most of the children were removed under legislation applying only to Aboriginal children for the purpose of separating them permanently from Aboriginal culture.
The Inquiry carefully distinguished between removal in the child's best interests and removal solely for the purpose of stripping the child of his or her culture.
Senator Herron criticises the Inquiry's methodology in that witnesses were not cross-examined. Public inquiries are not adversarial and do not operate like courts of law. The Inquiry recognised the need to test individual evidence and therefore recommended that a Board be established to deal with compensation claims. Claims could be defended with proof of best interests.
The recommendation to establish a Board has not been implemented.
The argument is not
about quantity. It is a question of the quality of the response of the
Australian people collectively and through their Parliaments, which reflect
their understanding of policies of child removal implemented in their
names.
Seven of Australia's nine Parliaments have decently and in good faith
formally apologised for past practices and policies in direct response
to the Report. The only Parliaments not to do so are the Federal Parliament
and the Parliament of the Northern Territory.
The Report exposed a major scar on Australia's history - the traumatic effects of which continue today.
Dr Bill Jonas, Aboriginal and Torres Strait Islander Social Justice Commissioner is available for interview. Please note that Dr Jonas' annual Social Justice and Native Title Reports are anticipated to be tabled in Federal Parliament later this week.
For further information
please contact:
Margie Cook on (02)
9284 9677 or 0418 637 230;
Jan Payne on (02) 9284 9619 or 0409 819 357; or
Tim Haydon on (02) 9284 9618 or 0411 763 064.
NOTE: A full copy of the Report, summary and media backgrounders on the Inquiry can be found on the Commission's website.
© Human Rights
and Equal Opportunity Commission. Last updated 2 December 2001.
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