[Home]Stolen Generation

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The term Stolen Generation refers to the removal (both voluntary and forced) of the children of Australian Aborigines from their families by various state and federal government agencies of Australia with the full consent of the Federal Government. Although there is evidence that this practice had unofficially occurred in Australia since the commencement of European occupation in 1788, the term "Stolen Generation" specifically refers to the government-sanctioned removals that occurred in the period between approximately 1900 and 1972.

Aspects of the Stolen Generation

"Grief and loss are the predominant themes of this report."
The opening sentence of the official Australian government report: "Bringing Them Home - Report of the National Inquiry into the Separation of Aboriginal and Torres Strait Islander Children from Their Families" [1].

According to the official government report, at least 30000 children were removed from the parents, and the figure may be substantially higher (the report notes that formal records of removals were very poorly kept). Percentage estimates were given that 10-30% of all Aboriginal children born during the seventy year period were removed.

Although children of full Aboriginal descent were removed, in general the children of "mixed descent" (having one or more European ancestor) were the most targeted. A 1937 national government conference on "Native Welfare" concluded in its final report that "... the destiny of the natives of aboriginal [sic] origin, but not of the full blood, lies in their ultimate absorption by the people of the Commonwealth, and it therefore recommends that all efforts be directed to that end."

The report noted that removals were certainly voluntary in some cases, as some mothers surrendered their children due to believing themselves unable to raise them for some reason. However a substantial body of evidence was gathered that indicated that in a disturbing number of cases children were forcibly removed from their parents using "force or duress". In general the practice was to remove children between the ages of two and four, although in some cases children were removed just hours after birth.

The official report observed that in many cases gross violations of human rights occurred. Children were in some cases forcibly removed from their mother's arms while still in the hospital. Other evidence gathered indicated that deception and brutality was used to remove the children. One account referring to events in 1935 stated that...

"I was at the post office with my Mum and Auntie [and cousin]. They put us in the police [vehicle] and said they were taking us to Broome. They put the mums in there as well. But when we'd gone [about ten miles] they stopped, and threw the mothers out of the car. We jumped on our mothers' backs, crying, trying not to be left behind. But the policemen pulled us off and threw us back in the car. They pushed the mothers away and drove off, while our mothers were chasing the car, running and crying after us." [1]

Children were in most cases placed into institutional facilities operated by religious or charitiable organisations, although a significant number, particularly females, were "fostered" out. The report noted that in many cases "foster care" was indistinguishable from domestic service. A common aspect of the removals was the failure to keep records of the actual parentage of the child, or such details as the date or place of birth.

Legal aspects

The desire to institute laws that permitted had arisen by 1890 when the Aborigines' Protection Board argued that "if the Aboriginal population, described by some as a `wild race of half-castes' was growing, then it would somehow have to be diminished. If the children were to be de-socialised as Aborigines and re-socialised as Whites, they would somehow have to be removed from their parents". In 1909 the Aborigines Protection Act 1909 was passed which gave the Board power "to assume full control and custody of the child of any aborigine [sic]" if a court found the child to be neglected under the Neglected Children and Juvenile Offenders Act 1905.

The Aborigines Protection Amending Act 1915 however removed this judicial requirement, and gave the board total power to separate children from their families without having to establish in court that they were neglected. The passing of this Act was not without opposition and at least one parliamentarian of the day (the Hon P McGarry?) declared it during parliamentary debate to be an "act of cruelty", and that it allowed the Board "to steal the child away from its parents".

History of public awareness of the Stolen Generation and the official inquiry.

Awareness of the Stolen Generation, and the practices which created it, only began to enter the public arena in the late 1980's through the efforts of Aboriginal activists, artists and musicians. The extensive public interest in the Mabo case had the side effect of throwing the media spotlight on all issues related to Aborigines in Australia, and most notably the Stolen Generation.

In 1992, as media attention and public interest began to mount, the Prime Minister, Paul Keating made the first formal acknowlegdement of the Stolen Generation, by saying in a speech that" ... we took the children from their mothers ... It was our ignorance and prejudice." In 1995 the (then) Attorney-General, the Hon. Michael Lavarch MP, commissioned a formal inquiry entitled "The National Inquiry into the Separation of Aboriginal and Torres Strait Islander Children from Their Families".

This inquiry commenced in May 1995, presided over by Sir Ronald Wilson, the president of the (Australian) Human Rights and Equal Opportunities Commission, and Mick Dodson, the Aboriginal and Torres Strait Islander Social Justice Commissioner. During the ensuing 17 months, the Inquiry visited every state and Territory in Australia, heard testimony from 535 Aboriginal Australians, and received submissions of evidence from over 600 more. In April 1997 the official report "Bringing Them Home - Report of the National Inquiry into the Separation of Aboriginal and Torres Strait Islander Children from Their Families" was released.

Between the commissioning of the National Inquiry and the release of the final report in 1997, the conservative government of John Howard had replaced the Keating government. The report proved to be a considerable embarrassment for the Howard administration, as it recommended that the Australian Government formally apologise to the affected families, a proposal actively rejected by Howard, on the grounds that a formal admission of wrongdoing would lead to massive compensation litigation. Howard was quoted as saying "Australians of this generation should not be required to accept guilt and blame for past actions and policies." [2]. As a result Commissioner Dodson resigned from the Council for Aboriginal Reconciliation, saying in a newspaper column that "I despair for my country and regret the ignorance of political leaders who do not appreciate what is required to achieve reconciliation for us as a nation." [2]

As a result of the report, formal apologies were tabled and passed in the state parliaments of Victoria and New South Wales, and also in the parliament of the Northern Territory. On May 26, 1998 the first "National Sorry Day" was held, and reconcilliation events were held nationally, and attended by over a million people. As public pressure continued to increase, Howard drafted a motion of "deep and sincere regret over the removal of Aboriginal children from their parents" which was passed by the federal parliament in August 1999. Howard went on to say that the Stolen Generation represented "...the most blemished chapter in the history of this country." [3]

In April 2000 a scandal occurred when the (then) Aboriginal Affairs Minister, John Herron, tabled a report in Parliament that questioned whether or not there ever actually had been a "Stolen Generation", on the semantic distinction that as "only 10% of Aboriginal children" has been removed, they did not constitute an entire "generation". After a week of scathing media commentary and the attempted invasion of parliament by scores of angry Aboriginals, Mr Herron apologised for the "understandable offence taken by some people" as a result of his comments, although he refused to alter the report as it had been tabled, and in particular the (disputed) figure of 10%. [4].

In May 2000, a "Walk for Reconciliation" was staged in Sydney, with up to 400 000 people marching across the Sydney Harbour Bridge as a gesture of apology. A similar walk was staged in Melbourne later that year.

In July 2000, the issue of the Stolen Generation came before the [United Nation's]? Human Rights Committee in Geneva who heavily criticised the Howard government for its manner of attempting to resolve the issues related to the Stolen Generation. Australia was also the target of a formal censure by the UN Committee for the Elimination of Racial Discrimination. [5], [6]

Global media attention turned again to the Stolen Generation issue during the Sydney [Olympics Games]?. A large "aboriginal tent city" was established on the grounds of Sydney University to bring attention to Aboriginal isues in general. The Aboriginal athlete [Cathy Freeman]? (who was chosen to light the Olympic Flame and went on to win the gold medal for the 400 metre sprint) disclosed in interviews that her own grandmother was a "victim" of forced removal.

In November 2001, Pope John Paul II issued a formal apology ob behalf of the Vatican to the affected Aboriginal families for the actions of all Catholic organisations in connection with the Stolen Generation.


This is old stuff that I plan to delete, as soon as I incorporate the salient points into the text of the above.

Some argue that the removal of Aboriginal children from their families constituted genocide. The legal definition of genocide, contained in the [Convention on the Prevention and Punishment of the Crime of Genocide]?, includes "forcibly transferring children of the group to another group". If the intention behind the removal was to destroy Australian Aborigines as an ethnic or racial group, then it would legally be genocide. The argument that the removal constituted genocide was accepted by the "National Inquiry into the Separation of Aboriginal and Torres Strait Islander Children from Their Families", [7], which said "The policy of forcible removal of children from Indigenous Australians to other groups for the purpose of raising them separately from and ignorant of their culture and people could properly be labelled `genocidal' in breach of binding international law from at least 11 December 1946... The practice continued for almost another quarter of a century."

Court cases have been launched on the issue of the Stolen Generations. However, these cases have not been very successful, since it is difficult to prove what did or did not happen decades ago.

Appeals have also been made to the UN human rights treaty committees, and the UN committees have been largely favourable towards Aboriginal complaints. As a result of this, the Howard Government has become highly critical of the UN human rights system. (One consequence of this has been the refusal of the Howard Government to sign the Optional Protocol to the [Convention on the Elimination of all forms of Discrimination Against Women]? (CEDAW), which would grant the CEDAW committee the power to hear complaints from individuals.)

This article needs more facts, like: when did these removals take place, how many children were likely removed, links to some of the court cases and UN committee reports, etc.


Relevant Web Links

http://www.hreoc.gov.au/social_justice/stolen_children/
The (Australian) Human Rights and Equal Opportunities Commission website

http://www.austlii.edu.au/au/special/rsjproject/rsjlibrary/hreoc/stolen/
The official Australian government report: "Bringing Them Home - Report of the National Inquiry into the Separation of Aboriginal and Torres Strait Islander Children from Their Families"

/Talk


Link(s below are here for future incorporation into the article.

The Gunner-Cubillo lawsuit summary judgement
http://www.smh.com.au/news/0008/11/update/news51.html

history
http://www.theage.com.au/news/national/2000/12/08/FFXDTEAWFGC.html


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Edited November 24, 2001 7:49 am by ManningBartlett (diff)
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