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The term Stolen Generation refers to the removal of Aboriginal children from their families by Australian government agencies and church missions between approximately 1900 and 1972. Originally protrayed as child welfare the practice was later recognised for having wreaked extensive family and cultural damage.
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 and legal authorisation 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.
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According to report, at least 30000 children were removed from their 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.
According to the official government report, at least 30000 children were removed from their 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.
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The 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...
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...
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During the nineteenth century the British colonial authorities treated the Australian Aboriginal as an uneducated savage in need of British guidance. In 1890 the N.S.W. 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 1901 the new [Australian Constitution]? and [Australian government]? inherited a system of protectorate authorities greatly influenced by church and other vested interest groups. Additionaly clause xxiv of Article 51 specifically excluded the Commonwealth from passing laws with regard to Aborigines. [1] leaving each State with its own autonomous systems. Under these Aboriginals were generally disfranchised of most privilages including citizenship, social welfare, or even the buying or drinking of alcohol.
A sample of these state disfranchisments is illustrated by the N.S.W. 1909 the Aborigines Protection Act 1909 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 status of Aboriginals under Australian law was vague until 1967 and only stabilised in 1975 with the passage of the Racial Discrimination Act 1975. The Constitution of Australia, which came into effect on January 1, 1901 created a federation of six states, in a fashion roughly similar to that of the United States of America. However, the constitution (as originally framed) specifically excluded the indigenous population from being counted in the population of the nation, or of the states. Section 127 read "In reckoning the numbers of the people of the Commonwealth, or of a State or other part of the Commonwealth, aboriginal {sic] natives shall not be counted." [1] Additionally, clause xxiv of Article 51 specifically excluded the Commonwealth from passing laws with regard to Aborigines. [2] (These two sections were repealed and removed from the constitution on August 10, 1967, following a national referendum). As a result the legal status of Aborigines was in the hands of the various state governments. The legal history pertaining to New South Wales (N.S.W.) serves as a good general indication of the overall pattern of the various states.
The desire to institute laws that permitted had arisen by 1890 when the N.S.W. 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 in N.S.W. 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.
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The first significant reform came with the successful [1967 referendum]? in which over 90% of the national population voted for Aboriginal rights in the form of citizenship, the unconditional right to vote, and the repeal of clause xxiv. Though this was shortly followed by a series of government welfare and "positive-discrimination" policies (in access to some government jobs and university places) the issue of the stolen generation remained largely unspoken of in public.
In 1972 a change of government saw the new Prime Minister Gough Whitlam establish a free Aboriginal legal service which represented indigenous children and families in court against removal applications [1].
In 1992 the Australian High Court gave what became known as the [Mabo Decision]? which gave a massive boost to the struggle for the recognition of Aboriginal land rights and a major boost to Aboriginal confidence and self respect. It was largely after this date that the issue of the Stolen Generation came into the public arena.
In 1997 the Report of the National Inquiry into the Separation of Aboriginal and Torres Strait Islander Children from Their Families to the Human Rights & Equal Opportunity Commission [2] stated that the removal of Aboriginal children from their families was a '"crime against humanity"'. The removals were consistent with genocide and hence Australia was in breach of binding international law as from 11 December, 1946. As evidence, the report quoted the international law definition of genocide, contained in the [Convention on the Prevention and Punishment of the Crime of Genocide]?, which includes "forcibly transferring children of a group to another group". [3].
The situation remained relatively unchanged legally until the 1960's when the rights of Aboriginals began to become a national issue. In 1967 a national referendum altered the Constitution so that the Commonwealth Government was able to legislate on Aboriginal matters, and shortly afterwards a federal Department of Aboriginal Affairs was created. In the short term this body was ineffectual, but with the election of Gough Whitlam in 1972 the department received substantial funding, and set up free legal advisory services for Aborigines. This was to prove a crucial element in ending the removals, as the courts were immediately filled with challenges to removal decisions. Due to the high (and previously absent) likelihood of litigation, the number of removals immediately declined. [1]
It was the opinion of the official report that the removal of Aboriginal children from their families was a "crime against humanity". The removals were consistent with genocide and hence Australia was in breach of binding international law as from 11 December, 1946 (when the United Nations passed the resolution regarding genocide). As evidence, the report quoted the international law definition of genocide, contained in the [Convention on the Prevention and Punishment of the Crime of Genocide]?, which includes "forcibly transferring children of a group to another group". [2].
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