Bringing Them Home
Encyclopedia
Australia
Australia , officially the Commonwealth of Australia, is a country in the Southern Hemisphere comprising the mainland of the Australian continent, the island of Tasmania, and numerous smaller islands in the Indian and Pacific Oceans. It is the world's sixth-largest country by total area...
n "Report of the National Inquiry into the Separation of Aboriginal
Indigenous Australians
Indigenous Australians are the original inhabitants of the Australian continent and nearby islands. The Aboriginal Indigenous Australians migrated from the Indian continent around 75,000 to 100,000 years ago....
and Torres Strait Islander Children from Their Families". The report marked a pivotal moment in the controversy that has come to be known as the Stolen Generations.
The enquiry was established by the federal Attorney-General
Attorney-General of Australia
The Attorney-General of Australia is the first law officer of the Crown, chief law officer of the Commonwealth of Australia and a minister of the Crown. The Attorney-General is usually a member of the Federal Cabinet, but there is no constitutional requirement that this be the case since the...
, Michael Lavarch
Michael Lavarch
Michael Hugh Lavarch is an Australian lawyer, educator and former politician. He was the Attorney-General of Australia between 1993 and 1996, and since 2004 has been Dean and Professor of Law at Queensland University of Technology , his alma mater.Lavarch commenced his legal career in Brisbane as...
, on 11 May 1995, in response to efforts made by key Indigenous agencies and communities concerned that the general public's ignorance of the history of forcible removal was hindering the recognition of the needs of its victims and their families and the provision of services. The 680 page report was tabled in Federal Parliament on 26 May 1997.
Background
Aboriginal organisations pushed for a national enquiry as early as 1990. The Secretariat of the National Aboriginal and Islander Child Care (‘SNAICC’) resolved at its national conference in 1992 to demand a national enquiry. Other state Aboriginal organisations were also active during this period.In 1994 the Aboriginal Legal Service of Western Australia (ALSWA) began soliciting statements from Aboriginal people who had been removed from their families as children or who were parents of removed children. The service interviewed over 600 people during this time and produced a report titled "Telling our Story".
Commissioners
The enquiry was primarily conducted by Sir Ronald WilsonRonald Wilson
Sir Ronald Darling Wilson, AC, KBE, CMG, QC was a distinguished Australian lawyer, judge and social activist serving on the High Court of Australia between 1979 and 1989 and as the President of the Human Rights and Equal Opportunity Commission between 1990 and 1997.Wilson is probably best known as...
, President of the Human Rights and Equal Opportunity Commission
Human Rights and Equal Opportunity Commission
The Australian Human Rights Commission is a national human rights institution, a statutory body funded by, but operating independently of, the Australian Government. It has the responsibility for investigating alleged infringements under Australia’s anti-discrimination legislation...
, and Mick Dodson
Mick Dodson
Professor Michael James "Mick" Dodson, AM is an indigenous Australian leader, a member of the Yawuru peoples in the Broome area of the southern Kimberley region of Western Australia. His brother is Patrick Dodson, also a noted Aboriginal leader.Following his parents' death, he boarded at Monivae...
, the Aboriginal and Torres Strait Islander Social Justice Commissioner.
Indigenous women, appointed as co-commissioners, provided support to the people who gave evidence in each region the enquiry visited. The co-commissioners were: Annette Peardon, Marjorie Thorpe, Dr Maryanne Bin Salik, Sadie Canning, Olive Knight, Kathy Mills, Anne Louis, Laurel Williams,, Jackie Huggins, Josephine Ptero-David and Professor Marcia Langton
Marcia Langton
Marcia Lynne Langton is one of Australia's leading Aboriginal scholars. She holds the Foundation Chair in Australian Indigenous Studies at the University of Melbourne, Australia...
. The co-commissioners also assisted in the development of the report and its recommendations.
The enquiry also appointed an Indigenous Advisory Council made up of members from all the major regions of Australia. Members of the Council were: Annette Peardon, Brian Butler, Yami Lester, Irene Stainton, Floyd Chermside, Barbara Cummings, Grant Dradge, Carol Kendall, Lola McNaughton, Isabel Coe, Peter Rotimah, Nigel D'Souza, Maureen Abbott, Margaret Ah Kee, Bill Lowah, Matilda House and Jim Wright.
Hearings and Submissions
The enquiry undertook an extensive programme of hearings in every capital city and in many regional and smaller centres.| New South Wales | Redfern, Campbelltown, Nowra, Sydney, Grafton, Dubbo, Broken Hill and Wilcannia. |
| Australian Capital Territory | Canberra. |
| Victoria | Melbourne, Lake Tyers, Bairnsdale, Morwell, Ballarat, Geelong, Framlingham, Portland, Mildura, Swan Hill and Echuca. |
| Queensland | Brisbane, Rockhampton, Palm Island, Townsville, Cairns and Thursday Island. |
| South Australia | Mount Gambier, Port Augusta and Berri. |
| Western Australia | Perth, Halls Creek, Broome, Bunbury, and Katanning. |
| Northern Territory | Darwin and Alice Springs. |
| Tasmania | Hobart, Flinders Island, Cape Barren Island, Wybalenna, Launceston and Burnie. |
The first hearings took place on 4 December 1995 on Flinders Island with the last round of hearings ending on 3 October 1996 in Sydney.
During the course of the enquiry 777 submissions were received, which included:
- 535 Indigenous individual and group submissions;
- 49 church submissions; and
- 7 government submissions
500 of the submissions were made confidentially
Confidentiality
Confidentiality is an ethical principle associated with several professions . In ethics, and in law and alternative forms of legal resolution such as mediation, some types of communication between a person and one of these professionals are "privileged" and may not be discussed or divulged to...
.
Report summary
Two reports were produced:- a formal 700 page report titled "Bringing them Home" and subtitled "Report of the National Inquiry into the Separation of Aboriginal and Torres Strait Islander Children from Their Families"
- a less formal and shorter Community Guide titled "Bringing them Home - Community Guide" and subtitled "A guide to the findings and recommendations of the National Inquiry into the separation of Aboriginal and Torres Strait Islander children from their families"
The report concluded among other things that "Indigenous families and communities have endured gross violations of their human rights. These violations continue to affect Indigenous people's daily lives. They were an act of genocide, aimed at wiping out Indigenous families, communities and cultures, vital to the precious and inalienable heritage of Australia."
Recommendations
The report made many recommendations, including that:- funding be made available to Indigenous agencies to allow Indigenous people affected by the forcible removal policies to record their history
- reparationsReparation (legal)In jurisprudence, reparation is replenishment of a previously inflicted loss by the criminal to the victim. Monetary restitution is a common form of reparation...
be made to people forcibly removed from their families, and that the van BovenTheo van BovenTheo van Boven is a Dutch jurist and professor emeritus in international law.In 1977 he was appointed director of the United Nations' Division for Human Rights....
principles guide the reparation measures - Australian Parliaments offer official apologies and officially acknowledge the responsibility of their predecessors for the laws, policies and practices of forcible removal.
Government apologies
Formal apologies have been tabled and passed by the Commonwealth Government, as well as the state parliaments of VictoriaVictoria (Australia)
Victoria is the second most populous state in Australia. Geographically the smallest mainland state, Victoria is bordered by New South Wales, South Australia, and Tasmania on Boundary Islet to the north, west and south respectively....
, South Australia
South Australia
South Australia is a state of Australia in the southern central part of the country. It covers some of the most arid parts of the continent; with a total land area of , it is the fourth largest of Australia's six states and two territories.South Australia shares borders with all of the mainland...
, New South Wales
New South Wales
New South Wales is a state of :Australia, located in the east of the country. It is bordered by Queensland, Victoria and South Australia to the north, south and west respectively. To the east, the state is bordered by the Tasman Sea, which forms part of the Pacific Ocean. New South Wales...
, and Tasmania
Tasmania
Tasmania is an Australian island and state. It is south of the continent, separated by Bass Strait. The state includes the island of Tasmania—the 26th largest island in the world—and the surrounding islands. The state has a population of 507,626 , of whom almost half reside in the greater Hobart...
and the territory parliament of the Northern Territory
Northern Territory
The Northern Territory is a federal territory of Australia, occupying much of the centre of the mainland continent, as well as the central northern regions...
. It may be that all states have done this because Senator Aden Ridgeway
Aden Ridgeway
Aden Derek Ridgeway , Australian politician, was a member of the Australian Senate for New South Wales, from 1999 to 2005, representing the Australian Democrats. During his term he was the only Aboriginal member of the Australian Parliament.-Early history:Ridgeway was born in Macksville, New South...
was quoted in 1999 as saying that "every State Parliament has passed an apology". Former Prime Minister John Howard
John Howard
John Winston Howard AC, SSI, was the 25th Prime Minister of Australia, from 11 March 1996 to 3 December 2007. He was the second-longest serving Australian Prime Minister after Sir Robert Menzies....
issued a statement of regret, and resolutely refused to issue a formal apology. He has been quoted many times as refusing to take a black armband view of history. Former Prime Minister
Prime minister
A prime minister is the most senior minister of cabinet in the executive branch of government in a parliamentary system. In many systems, the prime minister selects and may dismiss other members of the cabinet, and allocates posts to members within the government. In most systems, the prime...
Kevin Rudd
Kevin Rudd
Kevin Michael Rudd is an Australian politician who was the 26th Prime Minister of Australia from 2007 to 2010. He has been Minister for Foreign Affairs since 2010...
, who succeeded Mr. Howard, tabled a formal apology on 13 February 2008, which was passed unanimously.
Federal
On Thursday 26 August 1999 the Australian Prime Minister, Mr John Howard, moved a Motion of ReconciliationMotion of Reconciliation
The Motion of Reconciliation was a motion to the Australian Parliament introduced on 26 August 1999. Drafted by Prime Minister John Howard in consulation with Aboriginal Senator Aden Ridgeway , it dedicated the Parliament to the "cause of reconciliation" and recognised historic maltreatment of...
, which included an expression of "deep and sincere regret that indigenous Australians suffered injustices under the practices of past generations, and for the hurt and trauma that many indigenous people continue to feel as a consequence of those practices." The opposition leader, Kim Beazley, moved to replace Mr Howard's motion of regret with an unreserved apology, but was unsuccessful.
On 11 December 2007, the newly elected government of Prime Minister Kevin Rudd
Kevin Rudd
Kevin Michael Rudd is an Australian politician who was the 26th Prime Minister of Australia from 2007 to 2010. He has been Minister for Foreign Affairs since 2010...
announced that an official apology would be made to Indigenous Australians by the federal government. The wording of the apology would be decided in consultation with Indigenous leaders.
On 13 February 2008, at 9am (Eastern Australia Time), Rudd tabled the following apology as the first order of business at the opening of Australia's Parliament in 2008; it was passed unanimously by the members of the lower house at 9:57am:
I move:
That 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.
Western Australia
On 27 May 1997 the Western Australian Premier, Richard CourtRichard Court
Richard Fairfax Court AC , was a Western Australian politician, representing the seat of Nedlands in the Western Australian Legislative Assembly for the Liberal Party of Australia from 1982 to 2001. He served as Premier of Western Australia from 1993 to 2001.Court was born into an old political...
, issued a parliamentary statement using the words: "It is appropriate that this House show respect for Aboriginal families that have been forcibly separated as a consequence of government policy in the past, by observing a period of silence." Members stood for one minute silence. The next day the leader of the Western Australian opposition moved: "that this House apologises to the Aboriginal people on behalf of all Western Australians for the past policies under which Aboriginal children were removed from their families and expresses deep regret at the hurt and distress that this caused."
South Australia
On 28 May 1997 the Minister for Aboriginal Affairs, Dean BrownDean Brown
Dean Craig Brown, AO was the Liberal Premier of South Australia between 14 December 1993 and 28 November 1996, and Deputy Premier of South Australia between 22 October 2001 and 5 March 2002 to Rob Kerin.-Political career:...
, issued a parliamentary apology on behalf of the people of South Australia that included the words: "the South Australian Parliament expresses its deep and sincere regret at the forced separation of some Aboriginal children from their families and homes which occurred prior to 1964, apologises to these Aboriginal people for these past actions and reaffirms its support for reconciliation between all Australians."
Australian Capital Territory
On 17 June 1997 the Chief Minister of the Australian Capital Territory, Kate CarnellKate Carnell
Anne Katherine Carnell AO was the third Chief Minister of the Australian Capital Territory, serving from 1995 to 2000. She is currently Chief Executive Officer of the Australian Food and Grocery Council.-Pharmacy career:...
, moved a motion in the Territory Assembly that included the words: "that this Assembly apologises to the Ngunawal people and other Aboriginal and Torres Strait Islander people in the ACT for the hurt and distress inflicted upon any people as a result of the separation of Aboriginal and Torres Strait Islander children from their families."
New South Wales
On 18 June 1997 Bob CarrBob Carr
Robert John "Bob" Carr , Australian statesman, was Premier of New South Wales from 4 April 1995 to 3 August 2005. He holds the record for the longest continuous service as premier of NSW...
, Premier of New South Wales issued an apology on behalf of the people of NSW that included the words: "apologises unreservedly to the Aboriginal people of Australia for the systematic separation of generations of Aboriginal children from their parents, families and communities".
Tasmania
On 13 August 1997 the Tasmanian Premier, Tony RundleTony Rundle
Anthony Maxwell Rundle AO was the Premier of the Australian State of Tasmania from 18 March 1996 to 14 September 1998. He succeeded Ray Groom and was succeeded himself by Jim Bacon. He is a Liberal who held the seat of Braddon between 1986 and 2002. A former journalist, he is married to...
, moved a parliamentary motion that included the words: "That this Parliament, on behalf of all Tasmanians, expresses its deep and sincere regrets at the hurt and distress caused by past policies under which Aboriginal children were removed from their families and homes, apologises to the Aboriginal people for those past actions and reaffirms its support for reconciliation between all Australians."
Victoria
On 17 September 1997 the Premier of Victoria, Mr Jeff KennettJeff Kennett
Jeffrey Gibb Kennett AC , a former Australian politician, was the Premier of Victoria between 1992 and 1999. He is currently the President of Hawthorn Football Club. He is the founding Chairman of beyondblue, a national depression initiative.- Early life :Kennett was born in Melbourne on 2 March...
, moved a parliamentary motion that included the words: "That this House apologises to the Aboriginal people on behalf of all Victorians for the past policies under which Aboriginal children were removed from their families and expresses deep regret at the hurt and distress this has caused and reaffirms its support for reconciliation between all Australians."
Queensland
On 26 May 1999 the Queensland Premier, Peter BeattiePeter Beattie
Peter Douglas Beattie , Australian politician, was the 36th Premier of the Australian state of Queensland for nine years and leader of the Australian Labor Party in that state for eleven and a half years...
, issued a parliamentary statement that included the following words: "This house recognises the critical importance to Indigenous Australians and the wider community of a continuing reconciliation process, based on an understanding of, and frank apologies for, what has gone wrong in the past and total commitment to equal respect in the future."
Northern Territory
On 24 October 2001 the Northern Territory Chief Minister, Clare MartinClare Martin
Clare Majella Martin is a former Australian politician. She is the current CEO of the Australian Council of Social Service . A former journalist, she was elected to the Northern Territory Legislative Assembly in a shock by-election win in 1995...
, moved that the Northern Territory legislative assembly "apologises to Territorians who were removed from their families under the authority of the Commonwealth Aboriginals Ordinance and placed in institutional or foster care" and "calls upon the Commonwealth government to make a formal and specific apology to all those persons removed pursuant to the Aboriginals Ordinance, acknowledging that the Commonwealth failed in discharging its moral obligations towards them."
Criticisms
The National Inquiry into the Separation of Aboriginal and Torres Strait Islander Children from Their Families sought to provide an opportunity to discover the experiences of people removed from their families. It was anticipated that given the trauma witnesses had experienced that they would be at risk of further trauma if they were to be cross examined on their testimony and their evidence challenged. Acting on this judgment the Report, Bringing them Home was written on the evidence presented. Among a number of criticisms of the report, also reflected in the arguments of those arguing the impact of the events described were exaggerated or minimising or denying their occurrence this "failure" to "prove the evidence" was considered critical, a number of other criticisms were made, chief among the critics were John HerronJohn Herron (Australian politician)
Dr. John Joseph Herron , Australian politician, ambassador and surgeon, was a Liberal member of the Australian Senate from 1 July 1990 to 5 September 2002, representing Queensland. From 2002 to 2006 he was the Australian Ambassador to Ireland and the Holy See.Dr...
and Ron Brunton
Ron Brunton
Dr Ron Brunton is an Australian anthropologist. He is currently the Director of Encompass Research Pty Ltd and was a Director of the Board of the public broadcaster, the Australian Broadcasting Corporation for a five year term from 1 May 2003....
.
A number of responses, some critical, responded to the points raised Herron and Brunton. Many of these arguments continue into the present around the formal apology to the Stolen Generations of 13 February 2008.