The recommendations of the "Bringing them home" report of the
Stolen Generations inquiry will soon be posted in full at the
Austlii website. (http://www.austlii.edu.au/)
While waiting for the full report, the following recommendations
provide some food for thought, and a context for the current
debate in the National parliament.
HOME - BIRTHRIGHT COUNTRY
I will be giving thought to the 'home' aspect which is being
proposed by Howard's Wik proposals - particularly the proposed
amendment which will require native title holders to demonstrate
a "physical connection" to their birthright countries now under
pastoral lease. What kind of welcome home is that?
Please note, in this connection, the recommendation which calls
for an indigenous perspective for healing and well-being.
Connection with country is, i would think, a key part of that
perspective.
Recommendation 14.7 talks of monetary compensation for loss of
native title rights. Presumably, such compensation would only be
paid to the extent that different forms of title are purported
to extinguish native title, with the co-existing rights
recognised.
SOCIAL JUSTICE
Given the Federal government's reaction to date it looks as
though social justice groups will be required to continue to
pressure Australian governments to accept and act on the
recommendations.
I wonder why the inquiry did not make reference in its social
justice recommendation to the indigenous social justice package
which was supposed to be part of the government's response to the
collapse of the doctrine of terra nullius?
VAN BOVEN PRINCIPLES?
Reference is made to the van Boven principles in recommendation
3 on reparations. Does anyone know what these principles are?
Bruce Reyburn
2 June 1997
Some recommendations in the "Bringing Them Home" report of the
Stolen Generations inquiry include:
Recording testimonies
1. That the Council of Australian Governments ensure the
adequate funding of appropriate Indigenous agencies to
record, preserve and administer access to the testimonies
of indigenous people affected by the forcible removal
policies who wish to provide their histories in audio,
audio-visual or written form.
Procedure for implementation:
2(a) That the Council of Australian Governments establish a
working party to develop a process for the implementation of the
Inquiry's recommendations and to receive and respond to annual
audit reports on the process of implementation.
...
Components of reparations.
3. That, for the purposes of responding to the effects of
forcible removals, 'compensation' be widely defined to mean
'reparation'; that reparation be made in recognition of the
history of gross violations of human rights; and that the van
Boven principles guide the reparation measures.
Reparation should consist of;
1. acknowledgement and apology;
2. guarantees against repetition;
3. measures of restitution;
4. measures of rehabilitation, and
5. monetary compensation.
...
Acknowledgement and apology: parliaments and police forces
5a That all Australian parliaments:
1. Officially acknowledge the responsibility of their
predecessors for the laws, policies and practices of
forcible removal;
2. negotiate with the Aboriginal and Torres Strait Islander
Commission a form or words for official apologies to
Indigenous individuals, families and communities and extend
those apologies with wide and culturally appropriate
publicity; and
3. make appropriate reparation as detailed in the following
recommendations.
5b That state and territory police forces, having played a
prominent role in the implementation of the laws and
policies of forcible removal, acknowledge that role and, in
consultation with the Aboriginal and Torres Strait Islander
Commission, make such formal apologies and participate in
such commemorations as are determined.
...
Commemoration
7a That the Aboriginal and Torres Strait islander Commission,
in consultation with the Council for Aboriginal
Reconciliation, arrange a national Sorry Day to be
celebrated each year to commemorate the history of forcible
removals and its effects.
7b That the Aboriginal and Torres Strait Islander Commission,
in consultation with the Council for Aboriginal
Reconciliation, seek proposals for further commemorating
the individuals, families and communities affected by
forcible removal at the local and regional levels. That
proposals be implemented when a widespread consensus within
the Indigenous community has been reached.
...
Genocide Convention
10. That the Commonwealth legislate to implement the Genocide
Convention with full domestic effect.
...
Assistance to return to country
11. That the Council for Australian Governments ensure that
appropriate Indigenous organisations are adequately funded
to employ family reunion workers to travel with clients to
their country, to provide Indigenous community education
on the history and effects of forcible removal and to
develop community genealogies to establish membership of
people affected by forcible removal.
Language, culture and history centres
12a. That the Commonwealth expand the funding of Indigenous
language, culture and history centres to ensure national
coverage at regional level.
12b. That where the Indigenous community so determines, the
regional language, culture and history centre be funded to
record and maintain local Indigenous languages and to teach
those languages, especially to people whose forcible removal
deprived them of opportunities to learn and maintain their
language and to their descendants.
Indigenous identification
13. That indigenous organisations, such as Link Ups and
Aboriginal and Islander Child Care Agencies, which assist
those forcibly removed by undertaking family history
research be recognised as Indigenous communities for the
purposes of certifying descent from the Indigenous peoples
of Australian and acceptance as Indigenous by the Indigenous
community.
Heads of damage
14. That monetary compensation be provided to people affected
by forcible removal under the following heads:
1. racial discrimination;
2. arbitrary deprivation of liberty;
3. pain and suffering;
4. abuse, including physical, sexual and emotional abuse;
5. disruption of family life;
6. loss of cultural rights and fulfilment;
7. loss of native title rights;
8. labour exploitation;
9. economic loss; and
10: loss of opportunities.
National Compensation Fund
15. That the Council of Australian Governments establish a
National Compensation Fund.
...
Indigenous well-being model
33a That all services and programs provided for survivors of
forcible removal emphasise the local Indigenous healing and
well-being perspectives.
...
Social Justice
42. That to address the social and economic disadvantages that
underlie the contemporary removal of Indigenous children and
young people the Council of Australian Governments:
1. in partnership with ATSIC, the Council for Aboriginal
Reconciliation, the Office of the Aboriginal and Torres
Strait Islander Social Justice Commissioner and Indigenous
organisations dealing with Indigenous families and
children's issues, develop and implement a social justice
package for Indigenous families and children, and
2. pursue the implementations of the recommendations of the
Royal Commission into Aboriginal Deaths in Custody which
address underlying issues of social disadvantage.
Self-determination
43a That the Council of Australian Governments negotiate with
the Aboriginal and Torres Strait Islander Commission, the
Aboriginal and Torres Strait islander Social Justice
Commissioner, the Secretariat of National Aboriginal and
Islander Child Care and the National Aboriginal and Islander
Legal Services Secretariat national legislation establishing
a framework for negotiations at community and regional
levels for the implementation of self-determination in
relation to the well-being of Indigenous children and young
people (national framework legislation).
...
(Extract ends. There is, of course, much more in the
recommendations including a long section on standards for
indigenous children including juvenile justice.)