In many cases, this goes to the mental health of a person, as does the
absence of Aboriginal Studies as a core curriculum item from K to 10, I
wonder if any federal govt will ever have the fortitude to enforce this as
well...
------- Forwarded message follows -------
Date sent: Mon, 14 Aug 2000 11:44:24 +1000
From: [EMAIL PROTECTED]
Subject: HREOC LISTS: Court decision demonstrates need for reparations
sch eme
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Australian Human Rights & Equal Opportunity Commission E-mail Based Mailing
List Service
Racial Discrimination
***********************************************************************
Media Release - 11 August 2000
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Court decision demonstrates need for reparations scheme
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The Human Rights and Equal Opportunity Commission has called for a
reparations scheme for Indigenous children forcibly removed from their
parents under past Government policies, following a court ruling in the
Northern Territory today.
Aboriginal and Torres Strait Islander Social Justice Commissioner Dr
Bill Jonas said he was extremely disappointed with the outcome of the
Federal Court case of Lorna Cubillo and Peter Gunner.
He said the failure of two individuals to demonstrate that their removal
from their families was negligent would not stop claims from other members
of the stolen generations being pursued through costly and protracted
litigation.
Federal Court Judge Maurice O'Loughlin found that there was insufficient
evidence to show that Ms Cubillo was unlawfully removed. He described the
lack of documents as a "huge void". Justice O'Loughlin found Peter Gunner
to have been removed with his mother's consent.
"As the Commission's Bringing them home report found, legislation of the
time authorised the removal of Aboriginal children in circumstances that
would otherwise have been a breach of common law rights. Today's decision
reveals the limitations of the court process in redressing what is widely
acknowledged as a grievous wrong."
"A reparations scheme as suggested in Bringing them home would overcome the
limitations of the legal process and would provide justice," Dr Jonas said.
"The failed court action does not mark the end of the stolen generation
litigation."
The Human Rights and Equal Opportunity Commission believes that
litigation will be an arbitrary, inconsistent and divisive way of
delivering redress.
Many children who were forcibly removed - the "stolen children" - are
unable to bring actions because of evidentiary obstacles or they are too
emotionally fragile to go through the court processes, Dr Jonas said. "For
these people, the legacy of the past Government practices is continuing
pain
and lack of recognition."
Media contact: Janine MacDonald (02) 9284 9880 or 0412 783 631.
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For further information about Racial Discrimination visit
www.hreoc.gov.au/racial_discrimination
For information about the Commission and other human rights,
anti-discrimination and equal opportunity issues visit
http://www.hreoc.gov.au
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