Aboriginal child removals breached contemporary human rights standards
Date: Friday, 5 March 1999 3:25

* News Release Issued by the International Secretariat of Amnesty
International *
News Service: 11/045/99
AI Index: ASA 12/01/99
4 March 1999

PUBLIC STATEMENT

Australia

Aboriginal child removals breached contemporary human rights standards

The Australian Government should accept that past government practices
of separating thousands of Aboriginal children from their families on
racial grounds, involved violations of human rights recognized
internationally as early as 1945, Amnesty International said today.

The government's move to have this week's test case of two separated
Aboriginal children thrown out of the Australian Federal Court
illustrates the government's denial of the right of individual victims
to seek justice and reparation.

On Monday the government argued the court should strike out as
"frivolous, vexatious and too old" a compensation case moved by Lorna
Cubillo, 60, and Peter Gunner, 51. The two claimed their involuntary
removal from their families at the age of seven and their abuse and
deprivation in institutions have caused long-term psychological trauma
and distress.

Amnesty International does not take a position on the merit or
appropriateness of their case. However, the organization reiterates
concern stated in its March 1998 report - Silence on Human Rights:
Government responds to "Stolen Children" inquiry - that the Australian
Government failed to acknowledge the practice of removing children on
racial grounds as a violation of human rights prohibited by the United
Nations (UN) from 1945.

The government's suggestion that removing the children was to their
benefit and should not be judged by today's standards ignores the facts
of Australia's historic promotion of 1940s human rights norms. By 1947,
the year Lorna Cubillo was taken some 800 kilometres from her family to
a home for mixed Aboriginal-European children, Australian diplomats

_ had successfully lobbied for human rights - including the prohibition
of all racial discrimination -to become a primary tenet of the 1945 UN
Charter;

_ had presented a proposal for an International Court of Human Rights to
enforce a future global Bill of Rights;

_ were actively working in small UN committees drafting the 1948
Universal Declaration of Human Rights and two binding international
human rights treaties.

Australia's outspoken commitment to all major international human rights
instruments developed from the 1940s are in stark contrast to the
government's attempt to prevent Lorna Cubillo and Peter Gunner from even
telling their story in court.

ENDS.../
Amnesty International, International Secretariat, 1 Easton Street,
WC1X 8DJ, London, United Kingdom
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