Stolen Generations: Difference between revisions

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[http://www.austlii.edu.au/au/special/rsjproject/rsjlibrary/hreoc/stolen/stolen62.html ''Bringing them Home'', appendices listing and interpretation of state acts regarding 'Aborigines']</ref>
[http://www.austlii.edu.au/au/special/rsjproject/rsjlibrary/hreoc/stolen/stolen62.html ''Bringing them Home'', appendices listing and interpretation of state acts regarding 'Aborigines']</ref>


The child removal legislation resulted in widespread removal of children from their parents and exercise of sundry guardianship powers by Aboriginal protectors over Aborigines up to the age of 16 or 21. Policemen or other agents of the state (such as 'Aboriginal Protection Officers') were given the power to locate and transfer babies and children of mixed descent from their mothers or families or communities into institutions. In these Australian states and territories, half-caste institutions (both government and [[missionary]]) were established in the early decades of the 20th century for the reception of these separated children.<ref>[http://www.tim-richardson.net/misc/stolen_generation.html Tim Richardson on ''The Stolen Generations: Robert Manne'']</ref>
The child removal legislation resulted in widespread removal of children from their parents and exercise of sundry guardianship powers by Aboriginal protectors over Aborigines up to the age of 16 or 21. Policemen or other agents of the state (such as 'Aboriginal Protection Officers') were given the power to locate and transfer babies and children of mixed descent from their mothers or families or communities into institutions. In these Australian states and territories, half-caste institutions (both government and [[missionary]]) were established in the early decades of the 20th century for the reception of these separated children.<ref>[http://www.tim-richardson.net/misc/stolen_generation.html Tim Richardson on ''The Stolen Generations: Robert Manne'']</ref> Examples of such institutions include [[Moore River Native Settlement]] in Western Australia, [[Doomadgee, Queensland|Doomadgee Aboriginal Mission]] in Queensland, [[Ebenezer Mission]] in Victoria and [[Wellington Valley Mission]] in New South Wales.


According to the ''Bringing Them Home'' Report, at least 100,000 children were removed from their parents, and the figure may be substantially higher (the report notes that formal records of removals were very poorly kept). It stated:
According to the ''Bringing Them Home'' Report, at least 100,000 children were removed from their parents, and the figure may be substantially higher (the report notes that formal records of removals were very poorly kept). It stated:

Revision as of 07:18, 24 May 2008

A fictional portrayal entitled The taking of the children on the recently installed (2003) Great Australian Clock, Queen Victoria Building, Sydney, by artist Chris Cook.

The Stolen Generations (also Stolen Generation and Stolen children) is a term used to describe those children of

church missions, under acts of their respective parliaments. [1][2] The removals occurred in the period between approximately 1869[3] and 1969,[4][5] although, in some places, children were still being taken in the 1970s.[6]

The extent of the removal of children, and the reasoning behind their removal, are contested. Documentary evidence of a range of rationales exists in newspaper reports, reports to and appearances before

parliamentary committees. Motivations evident include child protection, beliefs that given their catastrophic population decline post white contact that Aboriginal people would "die out", fears of miscegenation and a desire to maintain Caucasian racial purity.[7]

Terms such as "stolen" were used in the context of taking children from their families - the Hon P. McGarry, a member of the Parliament of New South Wales, objected to the Aborigines Protection Amending Act 1915 which enabled the Aborigines' Protection Board to remove Aboriginal children from their parents without having to establish that they were in any way neglected or mistreated; McGarry described the policy as "steal[ing] the child away from its parents".[8]. In 1923, in the Adelaide Sun an article stated "The word 'stole' may sound a bit far-fetched but by the time we have told the story of the heart-broken Aboriginal mother we are sure the word will not be considered out of place."[9]

Half-caste acts
.

More recent usage was Peter Read's 1981 publication of The Stolen Generations: The Removal of Aboriginal children in New South Wales 1883 to 1969.[5] The 1997 publication of Bringing Them Home - Report of the National Inquiry into the Separation of Aboriginal and Torres Strait Islander Children from Their Families.[12] brought broader awareness of the "Stolen Generations.

The acceptance of the term in Australia as illustrated by the

Prime Minister Kevin Rudd, and passed by both houses of the Parliament of Australia. Previously apologies had been offered by State and Territory governments in the period 1997-2001.[14]

There however remains opposition to acceptance of the validity of the term "Stolen Generations". This was illustrated by the former Prime Minister

Peter Howson, Minister for Aboriginal Affairs in 1971-72, Keith Windschuttle and Andrew Bolt [16] Others argue against these responding to Windschuttle and Bolt in particular.[17]

Emergence of the child removal policy

One view suggests that the motivations and purposes of the laws providing for the removal of Aboriginal children from their parents was child protection, responding to an observed need to provide protection for neglected, abused or abandoned mixed-descent children.[18] An example of the abandonment of mixed race children in the 1920s is given in a report by Baldwin Spencer[19] that many mixed-descent children born during construction of The Ghan railway were abandoned at early ages with no one to provide for them. This incident and others spurred the need for state action to provide for and protect such children. [20]

Other

tribal Aboriginal population would be unable to sustain itself, and was doomed to inevitable extinction.[21][22][23] Ideas of eugenics and fears of miscegenation with a desire to maintain Caucasian racial purity. This was also related to the ideology that mankind could be divided into a civilisational hierarchy. This supposed that the civilisation of northern Europeans was superior to that of Aborigines, based on comparative technological advancement. Some adherents to these beliefs considered any proliferation of mixed-descent children (labelled 'half-castes',[22][24] 'crossbreeds', 'quadroons' and 'octoroons'[25]) to be a threat to the nature and stability of the prevailing civilisation, or to a perceived racial or civilisational "heritage".[26] For example, in the 1930s, the Northern Territory Protector of Natives, Dr. Cecil Cook, perceived the continuing rise in numbers of "half-caste" children as a problem. His proposed solution [27]
was:

Generally by the fifth and invariably by the sixth generation, all native characteristics of the Australian Aborigine are eradicated. The problem of our half-castes will quickly be eliminated by the complete disappearance of the black race, and the swift submergence of their progeny in the white.[28][29]

Similarly, the Chief Protector of Aborigines in Western Australia,

AO Neville, wrote in an article for The West Australian in 1930:

Eliminate the full-blood and permit the white admixture to half-castes and eventually the race will become white.[30]

The policy in practice

The earliest introduction of child removal to legislation is recorded in the Victorian Aboriginal Protection Act 1869. The Central Board for the Protection of Aborigines had been advocating such powers since 1860. This Act gave the colony of Victoria a wide suite of powers over Aboriginal and 'half-caste' persons, including the forcible removal of children and, especially, of 'at risk' girls.[31] By 1950, similar policies and legislation had been adopted by other states and territories.[32]

The child removal legislation resulted in widespread removal of children from their parents and exercise of sundry guardianship powers by Aboriginal protectors over Aborigines up to the age of 16 or 21. Policemen or other agents of the state (such as 'Aboriginal Protection Officers') were given the power to locate and transfer babies and children of mixed descent from their mothers or families or communities into institutions. In these Australian states and territories, half-caste institutions (both government and missionary) were established in the early decades of the 20th century for the reception of these separated children.[33] Examples of such institutions include Moore River Native Settlement in Western Australia, Doomadgee Aboriginal Mission in Queensland, Ebenezer Mission in Victoria and Wellington Valley Mission in New South Wales.

According to the Bringing Them Home Report, at least 100,000 children were removed from their parents, and the figure may be substantially higher (the report notes that formal records of removals were very poorly kept). It stated:

Nationally we can conclude with confidence that between one in three and one in ten Indigenous children were forcibly removed from their families and communities in the period from approximately 1910 until 1970. In certain regions and in certain periods the figure was undoubtedly much greater than one in ten. In that time not one family has escaped the effects of forcible removal (confirmed by representatives of the Queensland and WA Governments in evidence to the Inquiry). Most families have been affected, in one or more generations, by the forcible removal of one or more children.[34]

The report closely examined the distinctions between "forcible removal", "removal under threat or duress", "official deception", "uninformed voluntary release", and "voluntary release".[35] The evidence indicated that in a large number of cases children were brutally and forcibly removed from their parent or parents,[36] possibly even from the hospital shortly after their birth.[37] Aboriginal Protection Officers often made the judgement on removal. In some cases, families were required to sign legal documents to relinquish care to the state, though this process was subverted in a number of instances.[citation needed] In Western Australia, the Aborigines Act 1905 removed the legal guardianship of Aboriginal parents and made their children all legal wards of the state, so no parental permission was required.[38]

In 1915, in New South Wales, the Aborigines Protection Amending Act 1915 gave the Aborigines' Protection Board authority to remove Aboriginal children "without having to establish in court that they were neglected"; it was alleged by Professor Peter Read that Board members sometimes wrote simply "For being Aboriginal" as the explanation when recording a removal,[8] however the number of files bearing such a comment appear to be on the order of either one or two with two others bearing only the word "Aboriginal".[39] At the time, some members of Parliament objected to the amendment; one member stated it enabled the Board to to "steal the child away from its parents", and at least two members argued that the amendment would result in children being subjected to unpaid labour tantamount to "slavery".[40]

In 1911, the Chief Protector of Aborigines in South Australia, William Garnet South, reportedly "lobbied for the power to remove Aboriginal children without a court hearing because the courts sometimes refused to accept that the children were neglected or destitute". South argued that "all children of mixed descent should be treated as neglected".[41] His lobbying reportedly played a part in the enactment of the Aborigines Act 1911; this made him the legal guardian of every Aboriginal child in South Australia, including so-called "half-castes".[40]

The Bringing Them Home report also identified instances of official misrepresentation and deception, such as when caring and able parents were incorrectly described by Aboriginal Protection Officers as not being able to properly provide for their children, or when parents were told by government officials that their children had died, even though this was not the case. One first hand account referring to events in 1935 stated:

I was at the post office with my Mum and Auntie [and cousin]. They put us in the police ute and said they were taking us to Broome. They put the mums in there as well. But when we'd gone [about ten miles (16 km)] they stopped, and threw the mothers out of the car. We jumped on our mothers' backs, crying, trying not to be left behind. But the policemen pulled us off and threw us back in the car. They pushed the mothers away and drove off, while our mothers were chasing the car, running and crying after us. We were screaming in the back of that car. When we got to Broome they put me and my cousin in the Broome lock-up. We were only ten years old. We were in the lock-up for two days waiting for the boat to Perth.[35]

The report discovered that removed children were, in most cases, placed into institutional facilities operated by religious or charitable organisations, although a significant number, particularly females, were "fostered" out. Children taken to such places were frequently punished if caught speaking local indigenous languages, and the intention was specifically to prevent them being socialised in Aboriginal cultures, and raise the boys as agricultural labourers and the girls as domestic servants. Many Europeans at the time worked in similar occupations.[1]

A common aspect of the removals was the failure by these institutions to keep records of the actual parentage of the child, or such details as the date or place of birth. As is stated in the report:

... the physical infrastructure of missions, government institutions and children's homes was often very poor and resources were insufficient to improve them or to keep the children adequately clothed, fed and sheltered.[42]

The report said that among the 502 inquiry witnesses, 17% of female witnesses and 7.7% of male witnesses reported experiencing a sexual assault while in an institution, at work, or with a foster or adoptive family.[42]

Social impact on members of the Stolen Generations

The social impacts of forced removal have been measured and found to be quite severe.

Melbourne and cited in the official report found that there was no tangible improvement in the social position of "removed" Aborigines as compared to "non-removed", particularly in the areas of employment and post-secondary education.[43] Most notably, the study indicated that removed Aboriginal people were actually less likely to have completed a secondary education, three times as likely to have acquired a police record and were twice as likely to use illicit drugs.[43] The only notable advantage "removed" Aboriginal people possessed was a higher average income, which the report noted was most likely due to the increased urbanisation of removed individuals, and hence greater access to welfare payments than for Aboriginal people living in tribal communities.[43]

By around the age of 18 the children were released from government control and where it was available were sometimes allowed to view their government file. According to the testimony of one Aboriginal person:

I was requested to attend at the Sunshine Welfare Offices, where they formerly discharged me from State wardship. It took the Senior Welfare Officer a mere 20 minutes to come clean, and tell me everything that my heart had always wanted to know...that I was of 'Aboriginal descent', that I had a Natural mother, father, three brothers and a sister, who were alive...He placed in front of me 368 pages of my file, together with letters, photos and birthday cards. He informed me that my surname would change back to my Mother's maiden name of Angus.[44]

The Bringing Them Home report condemned the policy of disconnecting children from their "cultural heritage". Said one witness to the commission:

I've got everything that could be reasonably expected: a good home environment, education, stuff like that, but that's all material stuff. It's all the non-material stuff that I didn't have — the lineage... You know, you've just come out of nowhere; there you are.[35]

On the other hand, some Aboriginal people do not condemn the government’s past actions, as they see that part of their intention was to offer opportunities for education and an eventual job. According to the testimony of one Aboriginal person:

I guess the government didn't mean it as something bad but our mothers weren't treated as people having feelings...Who can imagine what a mother went through? But you have to learn to forgive.[45]

I was put in a mission dormitory when I was eight, nine. I cried for two nights, then I was right with the rest of those kids. We weren't stolen; our family was there. It was a good system. Or a better system than now. At least my generation learnt to read and write properly."

Historical debates over the Stolen Generations

Despite the lengthy and detailed findings set out in the Bringing Them Home report, the nature and extent of the removals documented in the report have been debated and disputed within Australia, with some commentators questioning the findings and asserting that the Stolen Generations has been exaggerated. Sir Ronald Wilson, former President of the Human Rights and Equal Opportunities Commission and a Commissioner on the Inquiry, has stated that none of the more than 500 witnesses who appeared before the Inquiry were cross-examined. This failure to cross-examine has been the basis of criticism by the anthropologist Ron Brunton as well as by the conservative Liberal Party Federal Government.[46] An Australian Federal Government submission has questioned the conduct of the Commission which produced the report, arguing that the Commission failed to critically appraise or test the claims on which it based the report and fails to distinguish between those separated from their families "with and without consent, and with and without good reason". Not only has the number of children removed from their parents been questioned (critics often quote the ten percent estimate, which they say does not constitute a 'generation'), but also the intent and effects of the government policy.[15]

Some conservative journalists, such as

court of law or a similar investigatory standard, and that it be shown that they were 'stolen' and not abandoned, given up or removed for legitimate reasons. Many documents in state archives detail the policies and events that come under the term "Stolen Generation".[50] [51]

In

Australian Parliament that questioned whether or not there had been a "Stolen Generation", on the semantic distinction that as "only 10% of Aboriginal children" had been removed, they did not constitute an entire "generation". The report received media attention [citation needed] and there were protests.[52] Dr Herron apologised for the "understandable offence taken by some people" as a result of his comments, although he refused to alter the report as it had been tabled, and in particular the (disputed[citation needed
]) figure of 10%.

Genocide debate

Some commentators such as Sir Ronald Wilson have alleged that the Stolen Generations was nothing less than a case of attempted genocide, because it was widely believed at the time that the policy would cause Aborigines to die out.[53]

Robert Manne argues that the expressed views of government bureaucrats, such as A.O. Neville, to merge the Aboriginal race into the white population by means of "breeding out the colour", and therefore eventually resulting in the former being "forgotten", bore strong similarities to the views of the

Nazis in 1930s Germany.[54] Manne points out that, though the term 'genocide' had not yet entered the English language, the policies of Neville and others were termed by some contemporaries as the 'die out' or 'breed out' policy, giving an indication of their proposed intent.[54] Nevertheless, he also states that it is now "generally acknowledged" by academics that the authors of the Bringing Them Home report were wrong to argue that Australian authorities had committed genocide by removing indigenous children from their families, because assimilation has never been regarded in law as equivalent to genocide.[54]

Conservative Australian historian Keith Windschuttle contends that no genocide has ever taken place in Australia. He concedes there were "obnoxious" attempts to "breed out" Aboriginality in Western Australia and the Northern Territory but says those policies concentrated on intermarriage, not child removal, and were undercut by the ineptitude of the bureaucrats involved.[55] In 2008 it was announced that the second volume of Windschuttle's work The Fabrication of Australian History, would be published, which will address the issue of the removal of Aboriginal children.[55]

Paul Bartrop, co-author of The Dictionary of Genocide with US scholar Samuel Totten, rejects the use of the word genocide to describe Australian colonial history in general, but says the use of the term can be "sustained relatively easily" when describing the Stolen Generations. Dr Bartrop, who wrote the entry in the dictionary entitled "Australia, Genocide in:", said he used the 1948 UN

Convention on the Prevention and Punishment of the Crime of Genocide, as cited by Ronald Wilson in his 1997 Bringing Them Home report, as the benchmark for the use of the term genocide.[56]

Historian Inga Clendinnen suggests that the term genocide rests on the question of intentionality. "There's not much doubt, with great murderous performances that were typically called genocide, that they were deliberate and intentional," she argues. "Beyond that, it always gets very murky."[56]

Public awareness and recognition

Historian Professor Peter Read, at the time at the Australian National University, was the first to use the phrase 'stolen generation'. It was used by him first as a title for a magazine article which was followed by a book, The Stolen Generations (1981).[5] Widespread awareness of the Stolen Generations, and the practices which created it, only began to enter the public arena in the late 1980s through the efforts of Aboriginal and white activists, artists and musicians (Archie Roach's "

Torres Strait Islanders
in Australia, and most notably the Stolen Generations.

The

Human Rights and Equal Opportunity Commission
(HREOC). During the ensuing 17 months, the Inquiry visited every state and Territory in Australia, heard testimony from 535 Aboriginal Australians, and received submissions of evidence from over 600 more. In April 1997 the official Bringing Them Home Report was released.

Between the commissioning of the National Inquiry and the release of the final report in 1997, the conservative government of John Howard had replaced the Keating government. The report proved to be a considerable embarrassment for the Howard administration, as it recommended that the Australian Government formally apologise to the affected families, a proposal actively rejected by Howard, on the grounds that a formal admission of wrongdoing would lead to massive compensation litigation[citation needed]. Howard was quoted as saying "Australians of this generation should not be required to accept guilt and blame for past actions and policies."[57] As a result Commissioner Dodson resigned from the Council for Aboriginal Reconciliation, saying in a newspaper column that "I despair for my country and regret the ignorance of political leaders who do not appreciate what is required to achieve reconciliation for us as a nation."[citation needed]

As a result of the report, formal apologies were tabled and passed in the state parliaments of

26 May 1998 the first "National Sorry Day" was held, and reconciliation events were held nationally, and attended by over a million people. As public pressure continued to increase, Howard drafted a motion of "deep and sincere regret over the removal of Aboriginal children from their parents" which was passed by the federal parliament in August 1999. Howard went on to say that the Stolen Generation represented "...the most blemished chapter in the history of this country."[52]

In July 2000, the issue of the Stolen Generation came before the

UN
Committee for the Elimination of Racial Discrimination.

Global media attention turned again to the Stolen Generations issue during the

Olympic Flame and went on to win the gold medal for the 400 metre sprint) disclosed in interviews that her own grandmother was a victim of forced removal. The internationally successful rock group Midnight Oil obtained worldwide media interest when they performed at the Olympic closing ceremony wearing black sweatsuits with the word "SORRY" emblazoned across them.[58]

Prior to the Sydney Olympics a

3 July 2000 the actor John Howard made a recording "for international release" of an apology to the Stolen Generation, ostensibly on behalf of the Australian people.[citation needed
]

Australian federal parliament apology

Kevin Rudd on screen in Federation Square, Melbourne, apologising to the stolen generations.
Elder Park, Adelaide
.
File:RuddThanks.jpg
Kevin Rudd meets the crowd in Parliament House following the apology to the stolen generations.

On December 11, 2007, the newly installed Prime Minister Kevin Rudd announced that an apology would be made to Indigenous Australians, the wording of which would be decided in consultation with aboriginal leaders.[59] On January 27, 2008, Rudd announced that the apology would be made on or soon after the first day of parliament in Canberra, on February 12.[60] The date was later set to February 13, when it was ultimately issued.

Stances on the proposed apology

For more than a decade since the Bringing Them Home report on forced separation of Aboriginal and Torres Strait Islander children was handed to Liberal prime minister, John Howard, he and his conservative coalition colleagues consistently rejected calls for a formal government apology.

The announcement of an apology by the new Labor prime minister led to a split reaction from the Liberal Party whose leader Brendan Nelson initially said that an apology would risk encouraging a "culture of guilt" in Australia. However, other senior Liberals expressed support for an apology, e.g., Malcolm Turnbull, Peter Costello, Bill Heffernan and former Liberal prime minister Malcolm Fraser.[61] Former Liberal minister Judi Moylan said: "I think as a nation we owe an apology. We shouldn't be thinking about it as an individual apology — it's an apology that is coming from the nation state because it was governments that did these things."[62] Nelson himself later declared he supported the apology.[63] Following a party meeting, the Liberal Party as a whole expressed its support for an apology, which thereby achieved bipartisan consensus. Brendan Nelson stated: "I, on behalf of the Coalition, of the alternative government of Australia, are [sic] providing in-principle support for the offer of an apology to the forcibly removed generations of Aboriginal children."[64] Tony Abbott defended John Howard's rebuttal of the apology and was "absolutely right" to defend his record:

When we were in government we could decide whether an apology happened or not, but in opposition all we could decide was an attitude to an apology which was ultimately in the hands of others. My own view was if an apology was going to happen anyway why not make the most of the situation and at the very least not rain on the parade.[65]

Lyn Austin, chairwoman of Stolen Generations Victoria, stated her view on why she believed an apology was necessary, recalling her experiences as a stolen child:

I thought I was being taken just for a few days. I can recall seeing my mother standing on the side of the road with her head in her hands, crying, and me in the black FJ Holden wondering why she was so upset. A few hundred words can't fix this all but it's an important start and it's a beginning. [...] I see myself as that little girl, crying myself to sleep at night, crying and wishing I could go home to my family. Everything's gone, the loss of your culture, the loss of your family, all these things have a big impact.[66]

The text of the apology did not make reference to compensation to Aboriginal people as a whole or to members of the Stolen Generations specifically.

Apology text

At 9:30am on February 13, 2008, Rudd presented the apology to Indigenous Australians as a motion to be voted on by the house. The form of the apology was as follows:[67][68]

Today we honour the Indigenous peoples of this land, the oldest continuing cultures in human history.

We reflect on their past mistreatment.

We reflect in particular on the mistreatment of those who were Stolen Generations - this blemished chapter in our nation's history.

The time has now come for the nation to turn a new page in Australia's history by righting the wrongs of the past and so moving forward with confidence to the future.

We apologise for the laws and policies of successive Parliaments and governments that have inflicted profound grief, suffering and loss on these our fellow Australians.

We apologise especially for the removal of Aboriginal and Torres Strait Islander children from their families, their communities and their country.

For the pain, suffering and hurt of these Stolen Generations, their descendants and for their families left behind, we say sorry.

To the mothers and the fathers, the brothers and the sisters, for the breaking up of families and communities, we say sorry.

And for the indignity and degradation thus inflicted on a proud people and a proud culture, we say sorry.

We the Parliament of Australia respectfully request that this apology be received in the spirit in which it is offered as part of the healing of the nation.

For the future we take heart; resolving that this new page in the history of our great continent can now be written.

We today take this first step by acknowledging the past and laying claim to a future that embraces all Australians.

A future where this Parliament resolves that the injustices of the past must never, never happen again.

A future where we harness the determination of all Australians, Indigenous and non-Indigenous, to close the gap that lies between us in life expectancy, educational achievement and economic opportunity.

A future where we embrace the possibility of new solutions to enduring problems where old approaches have failed.

A future based on mutual respect, mutual resolve and mutual responsibility.

A future where all Australians, whatever their origins, are truly equal partners, with equal opportunities and with an equal stake in shaping the next chapter in the history of this great country, Australia.

Rudd followed the apology with a 20-minute speech to the house about the need for the apology,[69][70] which was widely applauded among both Indigenous Australians and the non-indigenous general public.[71][72]

Opposition leader's parliamentary reply and reaction

Leader of the Opposition Brendan Nelson then also delivered a 20-minute speech in which he endorsed the apology, after which the House of Representatives unanimously adopted the proposed motion, although some members of the opposition made themselves absent in protest at the apology,[73] and sections of Nelson's reply drew heavy criticism and anger.[74]

Crowds turn their backs part way through Brendan Nelson's apology reply.[74]

People watching Nelson's reply speech protested nationwide. Thousands of people who had gathered in Canberra and Melbourne turned their backs on the screens displaying Nelson giving his speech; in Perth people booed and jeered until the screen was eventually switched off; those watching in Parliament House's Great Hall began a slow clap, finally turning their backs, with similar scenes and walk-outs in Sydney and elsewhere.[75]

Senate consideration

Later that day, a motion for an apology in identical terms was considered by the Senate. The Leader of the Greens, Senator Bob Brown, attempted to amend the motion to have it include words committing parliament to offering compensation to those who suffered loss under past indigenous policies, but was opposed by all the other parties. The Democrats opposed the Greens' amendment for compensation, saying the apology should be allowed to stand on its own. The original motion was passed unanimously. [76] [77]

Legal status and compensation

The legal circumstances regarding the Stolen Generations remain unclear. Although some compensation claims are pending, it is not possible for a court to rule on behalf of plaintiffs simply because they were removed, as, at the time, such removals were authorised under

statute law
and associated regulations provided for the removal from their birth families and communities of mixed-race Aboriginal children, or those who appeared mixed.

The apology is not expected to have any legal impact on claims for compensation.[78]

Cases

Cubillo and Gunner

In the Federal Court of Australia cases of Cubillo and Gunner, their claims failed[79]. The presiding judge, Justice Maurice O'Loughlin, noted in his summary judgment that he was not ruling that there would never be valid cases for compensation with regard to the Stolen Generations, only that in these two specific cases he could not find evidence of illegal conduct by the officials involved.[80] Investigations revealed that Cubillo, aged eight years, was removed from a remote station in 1947 when her father went missing and her mother and grandmother were dead. Gunner, it turned out, had been sent to Alice Springs to get an education with the consent of his mother. [81]

Bruce Trevorrow

On

1 August 2007, in a decision in the Supreme Court of South Australia by Justice Thomas Gray, Bruce Trevorrow, a member of the Stolen Generation, was awarded $775,000 compensation [82]
The SA government has announced that it will pay the compensation awarded to Mr Trevorrow but at the same time, seek to review in the High Court to clarify the court's findings of law and fact.

The West Australian newspaper reported Bruce Trevorrow's story as follows:

Mr Trevorrow was separated from his mother in December 1957 after he was admitted to Adelaide's Children's Hospital with gastroenteritis. More than six months later, his mother wrote to the state's Aboriginal Protection Board, which had fostered him out, asking when she could have her son back. "I am writing to ask if you would let me know how Bruce is and how long before I can have him back home," she wrote in July 1958. "I have not forgot I got a baby in there". The Court was told the board lied to her, writing her son was "making good progress" and that the doctors still needed him for treatment.

[83]

Andrew Bolt of the Herald Sun newspaper stated:

As Gray ruled: "Mrs Angas may have been well-intentioned . . . but was well aware, or ought to have been aware, that the removal of the plaintiff from his family, and his placement with the Davies family, was undertaken in circumstances that were understood to be without legal authority, beyond power and contrary to authoritative legal advice."

That illegality, said Gray, was why Bruce Trevorrow deserved a payout.

The picture the judge paints over many pages is compelling: South Australia never had any laws – or policies – authorising anyone to steal Aboriginal children for racist reasons."[84]

(See Bringing them Home, Appendix 6 for a listing and interpretation of South Australian acts regarding 'Aborigines' and Bringing them home education module: South Australia laws regarding relevant South Australian law and policy.)

Films and books

Rabbit-Proof Fence

The 2002

Perth, in order to return to their Aboriginal families. In a subsequent interview with the ABC, Doris recalled her removal from her mother at age three or four, arriving at the settlement in 1931. She was not reunited with her mother until she was 25 and, until that time, she believed that her mother had given her away. When they were reunited, Doris was unable to speak her native language and had been taught to regard Indigenous culture as evil.[85]
. Interviews have revealed that the movie was not true to real-life events in many ways, exaggerating the portrayal of poor treatment.

Documentary Kanyini

The principal persona of Melanie Hogan's film Kanyini,[86][87] Bob Randall, is an elder of the Yankunytjatjara people, and one of the listed traditional owners of Uluru. He was taken away from his mother as a child. He remained at the government reservation until he was 20, working at various jobs, including as a carpenter, stockman and crocodile hunter. He helped establish the Adelaide Community College, and lectured on Aboriginal cultures. He served as the director of the Northern Australia Legal Aid Service, and established Aboriginal and Torres Strait Islander centres at the Australian National University, University of Canberra and University of Wollongong. He was named 'Indigenous Person of the Year' in 1999[88] and inducted into the Northern Territory musical hall of fame for songs such as Brown Skin Baby, Red Sun and Black Moon (about the Coniston massacre). He is also the author of two books: his autobiography Songman and a children's book, Tracker Tjginji.[89]

See also

Notable persons

  • Ken Colbung, Political activist and leader.
  • Katherine Mary Clutterbuck (Sister Kate)
  • Belinda Dann, Born as Quinlyn Warrakoo, forced name change to Belinda Boyd. Deceased at 107 years of age making her the longest lived member of the stolen generation.
  • Polly Farmer, Australian rules footballer.
  • Sue Gordon, Perth Children's Court magistrate.
  • Helen Moran, Co-chair of National Sorry Day Committee
  • Professor Sally Morgan editor of Echoes of the past: Sister Kate's home revisited (Centre for Indigenous History and the Arts 2002) with Tjalaminu Mia, photography by Victor France, she also authored My Place.
  • A. O. Neville, W.A Protector Of Aborigines from 1915-45 and advocate of the removal of children.
  • May O'Brien
    , W.A. educator and author
  • Doris Pilkington Garimara, Author of Rabbit Proof Fence.
  • Bob Randall, Indigenous Australian of the Year.
  • Rob Riley (deceased), CEO of the Aboriginal Legal Service 1990-1995, author of Telling Our Story which instigated the National Inquiry into Separation of Aboriginal and Torres Strait Islander Children from their Families.
  • Archie Roach, Musician
  • Cedric Wyatt, Chief Executive Officer of the Department of Aboriginal Affairs in WA.

Comparisons

  • Americanization (of Native Americans)
  • Canadian residential school system
  • Native schools of New Zealand

References

  1. ^ a b Bringing them Home, Appendices listing and interpretation of state acts regarding 'Aborigines': Appendix 1.1 NSW; Appendix 1.2 ACT; Appendix 2 Victoria; Appendix 3 Queensland; Tasmania; Appendix 5 Western Australia; Appendix 6 South Australia; Appendix 7 Northern Territory.
  2. ^ Bringing them home education module: the laws: Australian Capital Territory; New South Wales; Northern Territory; Queensland Queensland; South Australia; Tasmania ; Victoria ; Western Australia
  3. ^ Marten, J.A., (2002), Children and war, NYU Press, New York, p. 229 ISBN 0814756670
  4. ^ Australian Museum (2004). "Indigenous Australia: Family". Retrieved 2008-03-28.
  5. ^ a b c Read, Peter (1981). The Stolen Generations: The Removal of Aboriginal children in New South Wales 1883 to 1969 (PDF). Department of Aboriginal Affairs (New South Wales government). .
  6. ^ In its submission to the Bringing Them Home report, the Victorian government stated that "despite the apparent recognition in government reports that the interests of Indigenous children were best served by keeping them in their own communities, the number of Aboriginal children forcibly removed continued to increase, rising from 220 in 1973 to 350 in 1976" (Bringing Them Home: "Victoria")
  7. . Project Gutenberg of Australia. p. 243. I did what I set out to do – to make their passing easier and to keep the dreaded half-caste menace from our great continent {{cite web}}: Cite has empty unknown parameters: |accessdaymonth=, |month=, |accessyear=, |accessmonthday=, and |coauthors= (help); line feed character in |quote= at position 70 (help)
  8. ^ a b Bringing Them Home report, part 2, chapter 3
  9. ^ Interview with Dr Anna Haebich, The Stolen Generation, Ockham's Razor, ABC Radio National, broadcast Sunday 6 January 2002, accessed 19 February 2008. Anna is author of Broken Circles, Fragmenting Indigenous Families 1800-2000, Fremantle, Fremantle Arts Centre Press ISBN 1863683054
  10. ^ Timeline of Legislation Affecting Aboriginal People, Government of South Australia, Aboriginal Education and Employment Services
  11. ^ Documenting Democracy at National Archives of Australia: Australia's Story In Victoria, for example, "The (Aboriginal Protection) Act gave powers to the Board for the Protection of Aborigines which subsequently developed into an extraordinary level of control of people's lives including regulation of residence, employment, marriage, social life and other aspects of daily life".
  12. ^ "Bringing them home: The 'Stolen Children' report". Human Rights and Equal Opportunity Commission. 2005. Retrieved 2006-10-08.
  13. ^ "Rudd says sorry", Dylan Welch, Sydney Morning Herald February 13, 2008
  14. ^ List of Apologies by State and Territory Parliaments (1997-2001) at HREOC
  15. ^ a b Senator the Hon John Herron, Minister for Aboriginal and Torres Strait Islander Affairs to the Senate Legal And Constitutional References Committee, 'Inquiry Into The Stolen Generation' Federal Government Submission, March 2000
  16. ^ Disputing the appropriateness of the term: Windschuttle, Keith (2008-02-09), "Don't let facts spoil the day", The Australian{{citation}}: CS1 maint: date and year (link) argues that the removals were done for the children's good and that Peter Read in Read, Peter (1981). The Stolen Generations: The Removal of Aboriginal children in New South Wales 1883 to 1969 (PDF). Department of Aboriginal Affairs (New South Wales government).
    ISBN 0-646-46221-0. {{cite book}}: Cite has empty unknown parameter: |coauthors= (help
    )
    misrepresented the evidence, Bolt, Andrew (2006-09-05), "Stolen generations: My Melbourne Writers' Festival speech", Herald Sun and Bolt, Andrew (2006-09-19), "Another stolen life", Herald Sun.
  17. ^ Dr Naomi Parry, Debunking Windschuttle's benign interpretation of history, Crikey, 12 February 2008, also Peter Read addresses Windschuttle's article of 9 February 2008 in Read, Peter (2008-02-18), "Don't let facts spoil this historian's campaign", The Australian, retrieved 2008-02-18, and Manne, Robert (2008-02-18). "The cruelty of denial". The Age. Retrieved 2008-02-18., in response to Bolt
  18. ^ Article on Baldwin Spencer in the Australian Dictionary of Biography
  19. Institute for Private Enterprise
    website
  20. ^ Neville, AO (1930). West Australian, 18 April
  21. ^ a b Western Australia State Archives, 993/423/38, "Absorption of Half Castes into the White Population"
  22. ^ Russell McGregor, Imagined Destinies. Aboriginal Australians and the Doomed Race Theory, 1900-1972, Melbourne: MUP, 1997
  23. ^ Anderson, Warwick. The Cultivation of Whiteness: Science, Health and Racial Destiny in Australia. 2003, page 308.
  24. ^ Anderson, Warwick. The Cultivation of Whiteness: Science, Health and Racial Destiny in Australia. 2003, page 231.
  25. ^ Anderson, Warwick. The Cultivation of Whiteness: Science, Health and Racial Destiny in Australia. 2003, page 160.
  26. ^ http://www.humanrights.gov.au/education/bth/download/laws/bth_laws_histnt_10r.pdf
  27. ^ Markus, A., (1990), Governing Savages, Allen and Unwin, Sydney, p. 93
  28. ^ quoted in: "Kevin Rudd's sorry speech", February 13, 2008
  29. ^ The West Australian, 18 April 1930.
  30. ^ M.F. Christie, Aboriginal People in Colonial Victoria, 1835-86, pp.175-176.
  31. Aboriginal Protection and restriction of the sale of opium act 1897
    (Qld), the Aborigines Ordinance 1918 (NT), the Aborigines Act 1934 (SA) and the 1936 Native Administration Act (WA). For more information, see Bringing them Home, appendices listing and interpretation of state acts regarding 'Aborigines'
  32. ^ Tim Richardson on The Stolen Generations: Robert Manne
  33. ^ Bringing them Home - 2 National Overview
  34. ^ a b c Bringing them Home - Scope of the Inquiry
  35. ^ The Bringing Them Home Report documents several cases of such removals in all states and territories. See http://www.austlii.edu.au/au/other/IndigLRes/stolen/stolen06.html
  36. ^ Bringing them Home - 7 Western Australia
  37. ^ Aborigines Act of 1905
  38. ^ Read, Peter (2008-02-18), "Don't let facts spoil this historian's campaign", The Australian, retrieved 2008-02-18
  39. ^ a b ibid
  40. ^ Bringing Them Home report: "South Australia"
  41. ^ a b Bringing them Home - 10 Childrens Experiences
  42. ^ a b c d Bereson, Itiel. Decades of Change: Australia in the Twentieth Century. Richmond, Victoria: Heinemann Educational Australia, 1989
  43. ^ Confidential submission 133, Victoria
  44. ^ Confidential evidence 305, South Australia
  45. ABC Radio National
    , broadcast 2 July 2000, retrieved 19 February 2008
  46. ^ Stolen generations: My Melbourne Writers' Festival speech - Andrew Bolt, Herald Sun
  47. ^ Another stolen life - Andrew Bolt, Herald Sun
  48. ^ The cruelty of denial - Robert Manne
  49. ISBN 13 978-0-521-54539-6 ISBN-10 0-521-54539-0. {{cite book}}: |pages= has extra text (help); Check |isbn= value: invalid character (help
    )
  50. ISBN 1 86368 235X.{{cite book}}: CS1 maint: multiple names: authors list (link
    )
  51. ^
    7:30 Report ABC TV 3 April 2000, retrieved 19 February 2008] Cite error: The named reference "730Report" was defined multiple times with different content (see the help page
    ).
  52. ^ "A Stolen Generation Cries Out". Reuters. May 1997.
  53. ^ a b c Robert Manne, "Sorry Business: The Road to the Apology", The Monthly, March 2008, pp. 22-31.
  54. ^ a b Imre Salusinszky, Aboriginal 'genocide' claim denied, The Australian, 9 February, 2008
  55. ^ a b Rosemary Sorensen and Ashleigh Wilson, Stolen Generations listed as genocide, The Australian, 24 March, 2008
  56. ^ Opening Ceremony Speeches
  57. 4 December 2002. Retrieved 2008-02-23. {{cite news}}: Check date values in: |date= (help
    )
  58. ^ Peatling, Stephanie (2007-12-11). ""How to say sorry and heal the wounds"". Sydney Morning Herald. Retrieved 2007-12-11. {{cite web}}: Check date values in: |date= (help); External link in |publisher= (help); Italic or bold markup not allowed in: |publisher= (help)
  59. ^ Lewis, Steve (2008-01-27). ""Kevin Rudd racing to historic Aboriginal apology"". Daily telegraph (Australia). Retrieved 2008-01-27. {{cite web}}: Check date values in: |date= (help); External link in |publisher= (help); Italic or bold markup not allowed in: |publisher= (help)
  60. ^ "Liberals ready to think about saying sorry", Steve Lewis, Herald Sun, February 1, 2008
  61. ^ "Liberal division grows on apology", Misha Schubert, The Age, January 30, 2008
  62. ^ "Howard will not attend apology", Sydney Morning Herald, February 8, 2008
  63. ^ "Opposition joins rush to say sorry", Daniel Hoare, ABC News, February 7, 2008
  64. ^ Apology was a mistake, says feisty Howard - National - theage.com.au
  65. ^ "'Sorry' statement should acknowledge cultural loss, says state leader", Dewi Cooke, The Age, February 1, 2008
  66. ^ "The words Rudd will use to say 'sorry'", ABC, February 12, 2008
  67. ^ "Rudd says sorry", Dylan Welch, Sydney Morning Herald, February 13, 2008
  68. ^ "Video: Watch Kevin Rudd's full apology". Retrieved 2008-02-14.
  69. ^ "Full text of Kevin Rudd's speech". Retrieved 2008-02-14.
  70. ^ "Thunderous applause in Sydney for Rudd's speech", Australian Associated Press, Sydney Morning Herald, February 13, 2008.
  71. ^ "Speech gets standing ovation in Redfern" Leesha McKenny, Sydney Morning Herald, February 13, 2008
  72. ^ "Australia apology to Aborigines", BBC, February 13, 2008
  73. ^ a b Fury over Nelson's 'sorry' response: The Age 13/2/2008
  74. ^ "Nelson comments draw indigenous anger", Ben Packham, Herald Sun, February 13, 2008
  75. ^ Senate Hansard, 13 February 2008
  76. ^ Brown defeated in 'sorry' compo bid
  77. ^ "Apology will not legally impact compo claims: Law Society" ABC News, February 13, 2008
  78. ^ Stolen Generations Fail to Court Justice, The Law Report, ABC Radio National, Tuesday 15/8/2000retrieved 15 February 2008]
  79. ^ Cubillo v Commonwealth of Australia (includes summary) (2001) FCA 1213 (31 August 2001)
  80. ^ Bolt, A., Stolen generations: My Melbourne Writers’ Festival speech, September 05, 2006, Herald Sun, Melbourne, Australia
  81. ^ The Advertiser, Adelaide, Thur August 2 2007
  82. ^ The West Australian, Thursday August 2 2007
  83. ^ Andrew Bolt, The stolen truth, Herald Sun, 08 August 2007
  84. ^ Doris Pilkington
  85. ^ Review by Peter Thompson, Channel 9 Sunday, 27 August 2006
  86. ^ Review by Scott Murray, The Age 8 September 2006
  87. Sydney Morning Herald
    , September 6, 2006
  88. ^ Bob Randall - 'Uncle Bob' Kayini official website, accessdate: 2008-02-21

External links

Bibliography and guides

Human Rights and Equal Opportunity Commission

Government

Academic

News reports

Other