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.