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A call for action on stolen generations issues

20 November 2007 - National Sorry Day Committee Media Release - As the Federal Election looms when the result yet may see Australian voters close the Gap between the majorparties, the National Sorry Day Committee (NSDC) urges whatever Federal Government is elected to action a whole of government approach in its first 100 days of office that commits to the following recommendations:

Helen Moran co-chair NSDC walking the talk sydney 2007

To hold consultative meetings with:

Stolen Generations survivors
Aboriginal Community members
Aboriginal Community organisations
Aboriginal Service Providers
Human Rights and Equal Opportunity Commission
Advocate Bodies who work towards justice for the Stolen Generations

On completing the consultations and in partnership with the above, the Federal Government should develop solid strategies, with benchmarks set within realistic time frames that will allow the following goals to be achieved. These goals will restore to the Stolen Generations, their families and communities, their equal and basic human rights, recognition, reparation, compensation, justice and equity.

APOLOGY

That on behalf of the nation, an official national apology by the Prime Minister and the Federal Parliament be made to the Stolen Generations their families and communities. This apology should officially acknowledge the responsibilities of their predecessors for the laws, policies and practices of forcible removal. Such an apology should be negotiated with members of the Stolen Generations to determine the words for official apologies to Indigenous individuals, families and communities and extend those apologies with wide and culturally appropriate publicity.

SORRY DAY

To re-affirm that May 26th is recognised as National Sorry Day and that this correction is noted in the Federal Parliament Hansard.

COMPENSATION

To establish a National Stolen Generations Compensation Tribunal, including a process for a common experience payment to accompany additional payment for each year of removal up to the age of 21yrs (Refer to Senator Bartlett’s Stolen Generations Compensation Bill and the Ngarrindjeri Regional Authority submission in this regard to the South Australian Government and look at other models that have been developed both within Australia and overseas). In relation to working with additional payments relating to abuse suffered while in institutional care or in adoptive or foster care, that this tribunal needs to function in a non adversarial way which takes into consideration the trauma already suffered by claimants and which better negotiates the legal responsibility of proof of abuse suffered.

BRINGING THEM HOME REPORT RECOMMENDATIONS

Given the Disturbing fact the monitoring of the Bringing them home Report ceased in 2003 and ten years after it’s tabling only one of the 54 recommendations has been fully implemented and fulfilled, the NSDC calls the Federal Government to recommence monitoring the implementation of the 54 Recommendations of the Bringing them home Report and that this motoring be done on a recommendations by recommendation basis at all jurisdictional levels.

That as per Recommendation 2 (part b, c and d) of the Bringing Them Home Report:

The Commonwealth fund the establishment of a National Inquiry audit in the Human Rights and Equal opportunity Commission to monitor the implementation of the Inquiry’s recommendations and report annually to the Council of Australian Governments on the process of the recommendations.

That FACSIA and OATSIH, as ATSIC no longer exists, fund the following peak Indigenous organisations to research, prepare and provide an annual submission to the National Inquiry audit unit evaluating the process of implementation of the Inquiry’s recommendations: Secretariat of National Aboriginal and Islander Child Care (SNAICC), National Aboriginal Community Controlled Health Organisation (NACCHO), and National Aboriginal and Islander Legal Services Secretariat (NAILSS).

That Commonwealth, State and Territory Governments undertake to provide fully detailed and complete information to the National Inquiry audit annually on request concerning progress on implementation of the Inquiry’s recommendations.

STOLEN WAGES

For the government to negotiate the possible establishment of a common experience payment as a means of compensation for trauma, dis-advantage and adverse effects to quality of life as well as lost opportunities of investment and savings, resulting from wages and other forms of income being lost and with held from Indigenous individuals.

For this common experience payment to be paid in addition to monies owed, to relieve the burden of proof from those whose wages were with held; for this to be done in a non-adversarial way, which takes the trauma and legal responsibility of proof of withheld and lost wages of the victim.

AUSTRALIAN CONSTITUTION

To engage the Australian public in a referendum that will allow alterations in both the preamble and the legal body of the Australian Constitution. These changes will honour and identify justice and equality to all the First Nations peoples of Australia their ancestors and descendants. In particular, there needs to be a review and amendment of those parts of the Constitution which currently empower and support racially discriminatory attitude and actions being enacted on Indigenous Australians (including Section 25).  Review and amendments to the Australian Constitution should included discussion and drafting for treaty agreements between all Australian Aboriginal Nations.

NT INTERVENTION LEGISLATION

In light of the experience of the Stolen Generations and the legislation of past governments that allowed for the removal of Indigenous children in acts which negated the human rights of Indigenous Australians and were tantamount to acts of Genocide according to the Geneva Convention, The NSDC urges the newly elected government to take steps to overturn the recent NT Intervention Legislation, and to uphold the Racial Discrimination Act provisions. The NT legislation as it currently stands, is clearly an unjustifiable racially discriminatory abuse of the human rights of the NT Aboriginal peoples and communities and has the effective potential to create a new wave of Stolen Generations. The NSDC supports the Federal Government working with the NT Aboriginal communities and the NT Government in adequately resourcing the social, health and economic needs of all NT Aboriginal communities and fulfilling the recommendations of the Little Children Are Sacred Report. 

On Behalf of the NSDC Executive and membership
PO Box 467, Curtin ACT 2605
NSDC Indigenous co-Chair Helen Moran

Media Contact: Helen Moran 0413246470

Email: helen@nsdc.org.au

Source: NSDC

Further information: stolen generations and NT intervention issues page - includes news index and external links