For over a century, several government agencies in various
states in Australia were set up to watch over the interests of the
Aborigines. With legal mandate, thousands of aboriginal children were
forcibly separated from their families through the years and brought
to government and church institutions, and later on to adoptive white
families for some, to be brought up in an environment of white
Australians. It is estimated that one half to two-thirds of the
aboriginal children were taken during their infancy (under 5
years).
The aboriginal families never wanted to let their children be taken
away. Many tried in vain to get them back.
In many instances since 1874, the program of forcible removal of
aboriginal children was objected to. Warnings were sounded out about
the '...threat to family structures and systems; the links... between
the removal of young girl children for domestic work, and slavery;
... the lack of responsibility, authority and supervision of those
involved in the forcible removal of children; and ... the repressive
conditions in which the children were held.'
When an inquiry was made on what happened to these children, stories
of abuse (physical and sexual), and deprived identity came up. Even
for those who grew up in caring families, their longing to return to
their real family tormented them for years. For many of these people
and the communities they come from, their suffering continues. The
effects of the forcible removal show in these childrenÕs
children.
The Human Rights and Equal Opportunity Commission (HREOC) which
started the inquiry in 1995 submitted its report in April 1997. The
commission found out that the separation of aboriginal children from
their own families is still being done at present.
Effects
The HREOC inquiry reveals the pain suffered by the aboriginal
children who in the latter years of their lives still long to get
back their real identity. As the HREOC states:
"It is difficult to capture the complexity of effects for each
person. For the majority of witnesses to the Inquiry, the effects
have been multiple,continuing and profoundly disabling. The trauma of
separation and attempts at ÔassimilationÕ have damaged their
self-esteem and well-being, and impaired their parenting and
relationships. In turn their children suffer. There is a cycle of
damage people find difficult to escape unaided."
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"The Inquiry found that many forcibly removed children and
their children have lost their cultures, their languages, their
heritage and their lands, as well as their families and
communities."
The effects of the removal of children naturally extend to the
aboriginal communities from where the children come from. Again, in
the words of HREOC:
"The Inquiry found the loss of so many children has affected
the health and morale of many indigenous communities. Indigenous men
and women generally lost their purpose in their families and
communities. Individual responses to this loss could result in
drinking binges, hospitalisation following accidents or assaults, or
behavi our which leads to incarceration or premature death."
The expected benefit of separation in terms of better future in a
predominantly non-aboriginal community has not been shown to be
extensive. The rate of likely assessment of poor or fair health of
people removed is double that of people who were not. The removed
people are not better educated, not more likely getting employed, not
receiving significantly higher income than those who were not. They
are twice as likely arrested more than once in the past five
years.
Reason for removal
The Australian government as well as private institutions (mainly
church orphanages and similar institutions) in the country believe
that separation of children from families who they consider unfit to
raise them is necessary for their own best interests. But with the
HREOC inquiry, there is a grave doubt on whether indeed the best
interests of the aboriginal children had been promoted judging from
the effects of the separation.
The sincere intention of the government and the private institutions
to help the children is not exactly being questioned. But the manner
by which the program was done especially in the light of the highly
sensitive idea of separating children from their natural parents and
community is criticized.
On the other hand, the program becomes controversial as it is based
on the concept of assimilation. The inquiry has shown that
assimilationist programs lead to loss of language, culture, heritage
and sense of own community - matters held dearest by the
aborigines.
Violations involved
The HREOC inquiry made a conclusion that the forcible removal of
aboriginal children is a violation of human rights.
It stated that:
- "the forcible removal of indigenous children was a gross
violation of their human rights. It was racially discriminatory and
continued after Australia, as a member of the United Nations from
1945, committed itself to abolish racial discrimination..."
- "by the early 1950s, the international prohibition of racial
discrimination of the kind to which indigenous families and children
were subjected was well-recognised, even in Australia..."
- "forcible removal was an act of genocide contrary to the Convention
of Genocide ratified by Australia in 1949. The Convention on Genocide
specifically includes 'forcibly transferring children of [a]
group' with the intention of destroying the group."
The HREOC inquiry likewise found that
"... even before international human rights law developed in the
1940s the treatment of Indigenous people breached Australian legal
stan dards. Indigenous families were entitled to expect the
protection of the British common law imported into Australia.
Two relevant legal principles were denied on racial grounds to
indigenous families. These principles grew from the common law's
respect for personal and family liberty and parental rights. The
first was that children should not be removed from their parents
unless a court makes that decsion. The court order must be based on
evidence proving removal is in the best interests of the child. The
second principle was that parents are the legal guardians of their
children unless a court orders otherwise in the interests of the
child. The legal guardian has the right to decide where the children
will live and how they will be educated and raised."
In many parts of Australia, taking aboriginal children without court
order was legal for many years.
Healing process
The HREOC inquiry does not attempt to create a sense of guilt among
Australians especially the younger generations. But it urges a
recognition that harm was done to members of their own community
based merely on their being aboriginal people.
For the sake of the aboriginal people and the non-aboriginal
Australians, a healing process is recommended. The people removed are
being helped in 'going home' - in knowing their own family,
community, and roots.
HREOC thus recommends a host of measures to address the harm done.
Such measures are the following:
1. government assistance;
a. giving people access to their personal files and information
recorded about their families;
b. funding family tracing and reunion services;
c. funding indigenous mental health programs dealing with grief and
loss, parenting and families, and other effects of forced
removal.
These measures are meant to heal the wounds of those who were removed
from their aboriginal families. The measures are premised on the
recognition of the ill-effects of removal, and on official apology
for the same. They are not meant to bring back a lost past but to
help build still a better future where aboriginal and non-aboriginal
peoples live together reconciled and mutually respecting each other's
rights.
The people affected by this episode on the life of aboriginal people
in Australia include the non-aboriginal people themselves. They
underwent the experience of witnessing how a group of people is been
deprived of culture, language and sense of indigenous community
living.
Concluding statement
This episode of 'stolen generation' provides an example of how
redressing human rights violations relates to the larger community
where the violations had occurred. Though the principal violators can
be identified and even brought to justice, the wounds sustained
cannot heal unless the whole community takes a significant part in
the recognition of the harm and in the provision of reparation for
those who suffered. Ultimately, any violation of human rights is an
assault on the well-being of the community.
References
Bringing them home - A guide to the findings and
recommendations of the National Inquiry into the separation of
Aboriginal and Torres Strait Islander children from their families,
Human Rights and Equal
Opportunity Commission, Sydney, Australia, 1997.
Various other documents on the issue made by HREOC for public
distribution.