A Reading Guide to the Apology Issue

To get the ball rolling, I thought I'd put together a collection of links to useful "sorry" resources on the web.

I'll be spending the next couple of weeks blogging about some of the specific issues covered in these sources, so they might be a helpful starting point to explore things in further detail.

Please let me know if you have any suggestions for additions to the list.

Until next time, happy reading!

Christina

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1. GENERAL OVERVIEWS AND FREQUENTLY ASKED QUESTIONS

These resources cover "the basics", answering questions like:

"Who are the Stolen Generations?"
"Some people say the stolen generations are a lie. How can we be sure that these people's stories are true?"
"Why should we apologise and take responsibility for the acts of past governments?"
"What words would be used in an apology? Does it have to include the word sorry?"
"What does an apology mean to me as an Australian? Do I have to feel guilty?"

Bringing Them Home Website

The Human Rights and Equal Opportunities Commission has put together an interesting webpage containing the original report from 1997, as well as related resources such an easy to read community guide to the report, FAQs about the stolen generations and an interesting magazine published for the 10th anniversary of the report in 2007.

Reconciliation Australia's Sorry Page

Get smart about the apology and what it means to us as Australians, and to the broader reconciliation process. While you're there, don't forget to browse some of the other interesting and inspiring sections of the site. You can even join in the reconciliation conversation and see what other people have said, including some of our favourite Aussie personalities.

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2. PROGRESS MADE TOWARDS AN APOLOGY

Two Australian Parliamentary Library Papers , "The Stolen Generation" (2000, updated 2007) and "From Dispossession to Reconciliation" (1999)

These papers provide concise summaries of major developments in public policy over the last century as it has related to the issue of removal of Indigenous children. They might be a useful starting point for further reading or research, if you're interested.

The Government's Response to Bringing Them Home (1997)

The response included a $63 million package over four years in practical assistance for those affected. Assistance was focused primarily on: records, family tracing and reunion; education and training; funding state criminal justice reforms; and passing a motion of reconciliation. However, those recommendations relating to a formal apology were not supported by the previous government, on the basis that Australians should not be asked to "accept responsibility for the acts of earlier generations, sanctioned by the law of the times".

The Government's Motion of Reconciliation (1999)

The Commonwealth Parliament has not apologised preferring instead to express its "deep and sincere regret" for past injustices in a Motion of Reconciliation on 26 August 1999 (pages 9205-9222 of House of Representatives Hansard). Despite this Motion of Reconciliation there remains a concern that the Australian Government has not issued a direct apology.

Healing: a Legacy of Generations (2000)

The Senate Legal and Constitutional Affairs Committee's was asked to investigate the Government's progress towards implementing the Bringing Them Home Recommendations in 2000. The Committee made 10 recommendations, including a national apology and compensation scheme.

Government Response to the Senate Committee Report (2001)

The Government rejected the Senate Committee's recommendations relating to an apology and reparations. The response contains a good summary of practical reconciliation ideology.

The Ministerial Council on Aboriginal and Torres Strait Islander Affairs (MCATSIA) Report on the Implementation of the Bringing them Home Recommendations (2003)

In response to the Senate Committee's recommendation for ongoing monitoring and evaluation of the Government's responses to Bringing Them Home, MCATSIA agreed to sponsor an independent evaluation of both government and non-government responses. The final report was released in December 2003.

The Rudd Government's Promise to Apologise (2007)

In November 2007, the ALP (then in opposition) released its platform which included a pledge to "provide a comprehensive response to the Bringing Them Home Report, including a formal apology."

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3. STATE AND TERRITORY GOVERNMENT APOLOGIES

All State and Territory Governments have apologised to the Stolen Generations in their respective jurisdictions. Extracts of the relevant Motions of Apology have been documented in the Australian Parliamentary Library's research paper, From Dispossession to Reconciliation

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4. APOLOGIES BY OTHER COUNTRIES TO THEIR INDIGENOUS PEOPLES OR ETHNIC GROUPS FOR HISTORICAL WRONGDOINGS

Australian Parliamentary Library - Comparative Analysis of Indigenous Affairs in Australia, NZ, Canada, USA, Norway and Sweden

Many other countries have made formal apologies to their Indigenous peoples for historical wrongdoings, including the forcible removal of Indigenous children on the basis of race. These include Canada, New Zealand, the United States, Norway and South Africa.

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5. THE QUESTION OF COMPENSATION

Recommendations 3, 4, 14, 15, 16 a and b, 17, 18, 19, 20 and 41 of Bringing Them Home address the issue of reparation, including the establishment of a formal compensation scheme. However, the controversial issue of monetary compensation remains unresolved.

DEBATE ABOUT A NATIONAL COMPENSATION SCHEME


The Howard Government’s Rejection of Calls to Apologise and Compensate – 1996-2007

While the previous government allocated significant funding and put several projects in place to address some of the issues raised in Bringing Them Home and subsequent reviews, it consistently refused to make a formal apology or establish an official compensation scheme for members of the stolen generation.

In its Response to Healing: a Legacy of Generations, the government argued that there was no equitable way to financially compensate people affected by the removal policies, and that it was more important to provide practical assistance such as facilities for family reunion and emotional health and wellbeing.

The United Nations’ Response to the Australian Government's Stance - 2000

In 2000, the United Nations Committee on the Elimination of Racial Discrimination expressed concern about the Government’s decision not to make a national apology or consider monetary compensation. The Committee recommended that the government “consider[ed] the need to address appropriately the extraordinary harm inflicted by these racially discriminatory practices”.


The Rudd Government's Response to Calls for Compensation - 2007/2008

The Rudd Government has rejected the call to establish a compensation fund, arguing that it intends to back the apology with a concerted effort to close the 17-year gap in life expectancy between indigenous and non-indigenous Australians, while providing "targeted assistance" to members of the stolen generations.

However, some commentators argue that the government's response ignores the fact that closing the gap by providing decent services, opportunities and protection from abuse is already an obligation on the government to all of its citizens. On this view, closing the gap doesn't make up for the pain and suffering caused by the destruction of families.

STATE COMPENSATION SCHEMES

Tasmanian Government - Stolen Generations Compensation Scheme

The Tasmanian Government recently initiated legislation to create a $5 million fund to provide payments to eligible members of the Stolen Generations of Aborigines and their children. The Stolen Generations of Aboriginal Children Act was passed in November 2006.

There are three categories of eligible applicants. Eligible children of a deceased member of the Stolen Generations are entitled to $5,000 each, with a maximum of $20,000 for a family group. After claims from children are paid, the balance remaining in the fund is to be shared equally by eligible members of the Stolen Generations.

The application period is now closed, and 150 applications were received, of which 106 were successful.

Western Australian Government - Redress WA

On 17 December 2007, the WA Government announced a $114 million redress schem for those who as children were abused while in State care in WA.

Although not specific to the Stolen Generations, members of the stolen generations who were abused in care could seek compensation through this scheme.

PROPOSALS FOR REFORM

A National Compensation Scheme? The Stolen Generations Compensation Bill 2007

Democrats Senator for Queensland Andrew Bartlett introduced the Stolen Generations Compensation Bill into Federal parliament in September 2007.

The Bill is modelled on the Tasmanian compensation scheme (listed above), but makes provision for a wider range of claimants and further services that should be provided to claimants and their families, including funeral funds and healing centres.

Each person would receive a base, "common experience" sum of $20,000 plus an additional $3,000 for every year they were institutionalised.

The Bill has lapsed due to the dissolution of parliament and will have to be reintroduced in the next term.

The Public Interest Advocacy Centre (PIAC) – Proposals for a National Compensation Framework

In its submission to the Healing: a Legacy of Generations inquiry, PIAC made a detailed proposal for the establishment of a Stolen Generations Reparation Tribunal. The submission outlines the nature and structure of the proposed Tribunal, including who should be entitled to reparations, the basis of liability, forms of reparations and procedures of the Tribunal.

In 2002, PIAC revised its Tribunal proposal to incorporate the views of Indigenous peoples obtained through a national consultation project called Moving Forward: Achieving Reparations.

View the updated proposal here.

COMPENSATION SCHEMES IN OTHER COUNTRIES

Canadian Compensation Scheme for Children Placed in Indian Residential Schools

The Canadian Government has established a $1.9 billion compensation fund for people affected by the removal of Indigenous children to Indian Residential Schools from the early 1880s to the early 1970s.

Successful applicants receive a base sum of $10,000 plus a further $3,000 for each year they attended the school. The government has also provided an additional $3 billion in compensation to survivors who suffered physical and sexual abuse in the schools.

Of the 85,080 applications received, 56,625 have been processed, and 46,910 have received payment.

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6. COURT CASES INVOLVING THE STOLEN GENERATIONS

There have been multiple court cases in which members of the stolen generations have taken action against state and federal governments in relation to their removal from their families.
Some have taken the form of a constitutional challenge, where it was argued that the government had no power to pass laws authorizing their removal.

Other cases have been for personal damages for maltreatment and abuse suffered in care due to the government's alleged breach of duty of care over children in state institutions.
Only one case, Trevorrow v South Australia (2007), has been successful to date.

Read a transcript of an interview with Mr Trevorrow and one of his lawyers on the Law Report (ABC Radio National) here.

The Australian Institute for Aboriginal and Torres Strait Islander Studies has produced a research paper about the limitations of litigation in stolen generation cases. It contains a good summary of the major decisions. _______________________________________________________

7. READING LISTS

Stolen Generations Bibliography - Australian Institute of Aboriginal and Torres Strait Islander Studies (AIATSIS)

The AIATSIS bibliography contains further readings about government policy, effects of removal on the stolen generations and biographies and autobiographies of members of the stolen generation. Most of these titles are books, so run them through the Libraries Australia catalogue to see if they are held at a library near you.

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8. ORAL HISTORIES

Bringing them Home made several recommendations about records, family tracing and reunion (see recommendations: 1, 11, 13, 21, 22 a -b, 23, 24, 25, 27, 28, 29 a- b, 30 a - b, 31, 38 a - b - c and 39). This area received significant government attention, including $1.6 million to the National Library of Australia for an Oral History Project.

The project is designed to collect and preserve the stories of Indigenous people and others, such as missionaries, police and administrators involved in or affected by the process of child removals.

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9. ORGANISATIONS CAMPAIGNING FOR AN APOLOGY

These are a sample of the many organisations which have been active in advocating for an apology.
· National Sorry Day Committee
· The Stolen Generations Alliance
· Australians for Native Title and Reconciliation

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10. “LINK UP” FAMILY TRACING, REUNION AND SUPPORT SERVICES

Link-up services have been set up to assist Indigenous people who are members of the Stolen Generations and those who were adopted, fostered or institutionalised as a result of past government policies, to find connections to family and to access reunification and counselling services. Below are contact details for some of the main state and territory services.

Western Australia

· Kimberley Stolen Generation Link-up

· Wangka Maya Pilbara Aboriginal Language Association

New South Wales

· Link-Up NSW

Northern Territory

· Central Australian Stolen Generations & Families Aboriginal Corporation

· Karu Association Inc. (no website, ph (08) 8945 5237)


Queensland

· Link-Up (Qld) Aboriginal Corporation
· North Qld Regional Office, Cairns (no website, ph (07) 4041 4626)

South Australia

· SA Link-Up Program


Victoria

· Victoria Link-Up (no website, ph (03) 9480 4511)

National

· Australian Institute of Aboriginal and Torres Strait Islander Studies (AIATSIS) Family History Unit
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PLEASE NOTE: These links have been selected purely for their informative value. Reconciliation Australia does not endorse any opinions expressed on these webpages, other than official Reconciliation Australia content on www.reconcile.org.au or www.reconciliation.org.au.