Submission to the Senate Committee's inquiry into the stolen generation

Submission to the Senate Legal and Constitutional References Committee's inquiry into the stolen generation

Table of Contents

Click here to read the Executive Summary

1. Introduction

2. Comments on the government responseto the recommendation of Bringing them home

Principles for evaluating the adequacy of the government's implementation of the recommendations of Bringing them home

a) National coordination

b) The human rights framework

c) Indigenous participation

Comments on the implementation of specific recommendations of Bringing them home

Recommendation 1

Recording testimonies

Recommendation 2

Procedure for implementation

Recommendation 5a

Acknowledgement and apology (Australian parliaments)

Recommendation 10

Genocide Convention

Recommendation 30

Establishment of family tracing and reunion services

Recommendations 33-36

health, counselling, well-being and parenting skills

Recommendation 42

Social Justice

Recommendations 43-53

National framework legislation and standards legislation

3. Comments on the Federal Government's submission to this Inquiry

The methodology of Bringing them home

a) That the report is based on uncorroborated evidence and presented 'only one side of the historical record'

b) That the report has contributed to 'a simplistic concept of a 'stolen generation'

c) That the report does not distinguish between the various reasons for separation

d) That the report overestimates the number of children 'stolen'

The government's response to issues of reparation and compensation

a) Compensation through litigation

b) The principle of reparations

c) Standards of the day and international human rights principles

Genocide

The prohibition of racial discrimination

d) Forcible removal as genocide

e) Forcible removal as racial discrimination

f) Compensation

4. Recent international developments

Canada

a) Gathering Strength: the Canadian Government response to the Royal Commission on Aboriginal Peoples

b) Restoring dignity: the report of the Law Commission of Canada

c) Litigation

South Africa

Aotearoa/New Zealand

Denmark

Norway

United States

Last updated 2 December 2001.