Reparations for the stolen generations - ATSIC responds

Reparations for the stolen generations - ATSIC responds

Speech delivered by Commissioner Marion Hansen

I would like to thank the Minister, Philip Ruddock, his Opposition counterpart, Bob McMullan, and Australian Democrats deputy leader, Senator Aden Ridgeway, for their contributions today. It is now my task, on behalf of ATSIC, to give a response to the plans outlined by the major political parties as to how they would move the stolen generations issue forward.

To assist me, I have asked a young Aboriginal mother, Diane Jarrett, who herself is a member of the stolen generations. Diane will demonstrate the point, as she did so powerfully yesterday at this conference, that the damage caused by policies of forced removals is ongoing. The pain, suffering and trauma are still being felt by the present generations, as well as the past.

Her story and those of many others puts lie to any claims that the current Government has no case to answer. Diane will give her response immediately after this.

I must say, with a Federal election only months away, that the timing of this conference could not have been better. It has afforded us all an opportunity to hear directly from the combatants what they will and won't do if they were to win office. I must also say that while I'm not surprised at the current Federal Government's response here today, I am still disappointed.

The Minister had an opportunity today to look members of the stolen generations in the eye and tell them he has heard and understood their concerns. He had an opportunity to acknowledge their dissatisfaction with the Government's current response to the Bringing them home recommendations. He had an opportunity to say on behalf of the Government that they have listened and learned and they were now prepared to make the appropriate response.

He could even have said sorry.

Instead, we are told what we already know. The Government's response to moving the stolen generations issue forward after four years is "just say no". No apology and no reparations. It would be wrong to say, of course, that the Government is doing nothing.

As a formal response to the Bringing them home report the Government is spending $63 million on a "practical assistance" package for counselling, parenting support, family reunion and an oral history project.

ATSIC has received just over $11 million of this funding to administer the Link-Up program which focuses on family reunions.

Last year's Senate inquiry, however, has made it clear that this "practical" package was not effectively meeting the needs of the people it was meant to be helping. It also found the package was fundamentally flawed due to a lack of monitoring and co-ordination. In the light of these findings how can the Government persist with its view that it is adequately responding to the plight of the stolen generations? Why won't it subject its package to an independent audit of its performance?

I take no joy in being critical of the Government but it has to be made aware of the feelings of the people they claim to be helping. The Government should be aware that many stolen generations people at this conference believe there will be no proper resolution of their plight if it were re-elected.

Some people here have also said that only the election of a Labor Government will ensure there is real progress made towards the healing of the wounds inflicted on so many of us by the forced removal of children. The reality is of course that Labor has a lot more work to do if it wants to win government and a lot more work to do on the stolen generations issue as well. ATSIC welcomes Mr McMullan's reaffirmation of his leader Kim Beazley's statement during May that a Labor government would sanction a national apology during the first sitting week of a new parliament.

It also welcomes Labor's pledges to convene a national conference of stakeholders to examine the best means of "resolving the consequences of forced removal" as well as giving HREOC an official monitoring role.

I have to say, however, there is still some consternation among our people about the failure of Mr Beazley's statement to specifically mention a reparations tribunal. Labor strongly backed the proposal for a tribunal only last year in the majority report of the Senate inquiry into the stolen generations. We would be very concerned if Labor were now backing away from this proposal.

After listening to the Democrats' deputy leader Senator Ridgeway I can only say it's a pity they are unable to form a government in their own right. We heartily endorse the Democrats' view that all measures in the Senate majority report, including a tribunal, should be put into action as a matter of urgency. We also endorse the Democrats' call for a significant increase in funding for the Government's current package so as to ensure the needs of the stolen generations are better met.

For ATSIC's part, we are very pleased to have worked with HREOC and PIAC in the organisation of this conference. The contributions made by both international and domestic delegates have been outstanding.

The conference proceedings have reinforced ATSIC's belief that a reparations tribunal is the way forward to bring some relief to the thousands upon thousands of our people who have been damaged by policies of forced removal.

The current system's reliance on redress through the courts is costing tens of millions of dollars and helping no one, except perhaps the lawyers. Legal battles bring about further trauma for victims, take too long, cost too much and are based on a non-indigenous framework which is not equipped to deal with the issues on hand. We definitely do not want a rerun of the native title experience in dealing with these issues.

I also want to make it clear that a reparations tribunal should be empowered to deal with claims by all of our people affected by forced removal policies -- not just those who were snatched away from their families. The legacy of these policies has also directly hurt the descendants and extended families of the stolen generations members and they are entitled to expect that amends will be made to them.

I think is has now also been made clear that we are not about seeking some token lump sum payouts for members of the stolen generations. A reparations tribunal should be given the means to provide a wide range of relief measures.

These measures could include counselling, parental education, community assistance and facilities, family reunion funding, memorials or land as well as monetary compensation for individuals.

It should also give all of those afflicted by forced removal policies the chance to tell their stories in a non-legalistic or adversarial setting.

Members of this audience may be aware that ATSIC is committed to a rights-based agenda which in the context of the reparations process has led to the endorsed policy position I have just outlined.

Our policy also demands that the Australian Parliament formally apologise to Aboriginal and Torres Strait Islander peoples for the devastating effects of past laws and practices which sanctioned forced removals.

ATSIC also believes that any negotiations with stolen generations' members on the best means of addressing their issues should be based on the principle of self-determination.

ATSIC's rights-based agenda is firmly based on the foundation of the right to self-determination.

In this context it means that all Aboriginal and Torres Strait Islander peoples have the right to be included in the design and delivery of programs and processes established to give effect to the Bringing them home report's recommendations.

ATSIC again thanks everybody involved in the staging of this important conference. We look forward to working together with HREOC, PIAC and other interested parties on the detailed development of a fair and viable alternative to the way things are now.

Thank you.