illustrated essay
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The Stolen Generation and Reconciliation
Laura Donohue
Fig 1. Children from the Stolen Generation1
1 Stolen Generation Children [image], (1 Jan. 1930) http://hdl.handle.net/10070/33986, accessed 14 Oct. 2015.
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When thinking about the Stolen Generation, there are many important elements or themes to consider: grief, loss, persistence, and survival. 2 For many people, it is something that is also very personal and intimate in nature.3 There are very good reasons for this.
According to the Bringing Them Home report, “indigenous children have been forcibly separated from their families and communities since the very first days of the European occupation of Australia.” 4 Laws were introduced in different states in the late 1800s that allowed for the removal of children deemed neglected or unprotected.5 This is because the government believed that ‘full blood’ Aboriginal people would eventually “die out”. 6 In Victoria, the Aboriginal Protection Act 1869 meant that it was lawful that the Governor could make orders “from time to time” about where the Aboriginals could live, the terms of the contracts that they made with Europeans, and the care and education of Aboriginal children.7
2 National Inquiry into the Separation of Aboriginal and Torres Strait Islander Children from their Families, Bringing Them Home (1997), < https://www.humanrights.gov.au/sites/default/files/content/pdf/social_justice/bringing_them_home_report.pdf>, accessed 14 Oct. 2015, 4. 3 Ibid, 4. 4 Ibid, 22. 5 ‘Sorry Day and the Stolen Generations’, Australian Government [website], (20 May 2015) <http://www.australia.gov.au/about-‐australia/australian-‐story/sorry-‐day-‐stolen-‐generations>, accessed 14 Oct. 2015, para. 6-‐9. 6 ‘Stolen generation in damages action’, Canberra Times, 10 Apr. 1995, 3, in Trove [online database], accessed 18 Oct. 2015. 7 Aboriginal Protection Act 1869 (VIC) s 2.
The law in New South Wales was very similar. The Aborigines Protecting Amending Act 1915 specified that if the moral or physical well-‐being of a child is “likely to be impaired” by working, then they can be taken to a home or institution and, as such, deemed what they refer to as a “neglected child”.8 In addition, the government would “assume full control and custody of the child of any Aborigine” if it is deemed to be in the best interests of the child; that is, they can remove children from their homes “as it thinks best”.9 From 1915, there was no minimum age at which they could work, and the courts also did not have to approve the child’s removal, but if a child was removed, it had to be justified.10 However, some of the most common reasons for removal were ‘for being Aboriginal’, ‘being 14 years’, ‘neglected’, ‘to send to service’, and ‘orphan’.11 In New South Wales, up until 1921, a significantly majority of the children removed were female (81%).12
In 1937, the practice of assimilation began, where it also become legal for children to be removed from their homes in order for them to attend school, receive medical treatment, or to be adopted out to new families who could provide for them better.13 By the early 1960s, it was clear that this policy was unsuccessful: non-‐indigenous people were discriminatory towards the indigenous people, and the indigenous people 8 Aborigines Protection Amending Act 1915 (NSW) s 3 p 2. 9 Ibid s 3 p 2. 10 Bringing Them Home, 35. 11 Ibid, 35. 12 Ibid, 37. 13 Sorry Day, para. 10.
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refused to leave behind their culture and lifestyles.14 Some children were taken to new homes, others were forced to work, while others were taken to institutions.15
Conditions were very harsh for the children that were taken away to institutions. Pilkington described it as being “more like a concentration camp than a residential school for Aboriginal children”.16 They were vulnerable to being sexually abused, they received little to no education, and they were not trusted with their own wages, although they could keep “a small proportion of their meagre earnings as pocket money”. 17 In 1955, McLean investigated the living conditions: he reported that the children were “dirty, undernourished, neglected, and very irregular in attendance at school”.18
In addition to this, the children who got taken away from their families and communities experienced fear, terror, and discrimination:
• “They told me that my family didn’t care or want me and I had to forget them … I should be ashamed of myself, I was
14 Ibid, para. 14. 15 Sorry Day, para. 7. 16 Doris Pilkington, Follow the Rabbit-‐Proof Fence (St Lucia: University of Queensland Press, 1996), cited in ‘Sorry Day and the Stolen Generations’, Australian Government [website], (20 May 2015) <http://www.australia.gov.au/about-‐australia/australian-‐story/sorry-‐day-‐stolen-‐generations>, accessed 14 Oct. 2015, para. 20. 17 Sorry Day, para. 22, 24. 18 Bringing Them Home, 53.
inferior to whitefellas.” – Millicent19
• “They never called you by your name; they called you by your number.” – John20
• “To wake us up in the morning we were sprayed up the backside with an old-‐fashioned pump fly-‐spray.” – Millicent21
• “I had nobody to talk to. I don't know how long it went on for, but night after night I'd see the bogeyman.” – William22
• “My mother never gave up trying to locate me … The State Welfare Department treated my mother like dirt and with utter contempt, as if she never existed.” – Paul23
• “I myself found it very hard to show any love to my children because I wasn’t given that.” – Carol24
• “The Protector of Aborigines … said we would have a better life and future brought up as whitefellas away from our parents.” – Millicent25
• “Our culture was gone, our family was gone,
19 Melanie Clark, ‘Stolen Generation’, Index on Censorship, 29/4 (2000), 138-‐139. 20 Clark, 139. 21 Ibid, 139. 22 Ibid, 139. 23 Ibid, 139-‐140. 24 Ibid, 140. 25 Ibid, 140.
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everything that was dear to us was gone.” – Fiona26
These feelings can be contrasted with the feelings of loneliness, loss, and the unknown that were also experienced, therefore showing the impact of their removal in the short-‐ and long-‐term:
• “In terms of having a direction in life, how do you know where you’re going if you don’t know where you’ve come from?” – Unknown27
• “There was just this feeling that I did not belong there. The best day of my life was when I met my brothers because I felt like I belonged and I finally had a family.” – Unknown28
Overall, it is not possible to say exactly how many people were removed from their homes, as there are very few records that survive and are also accurate.29 However, from various surveys that have been conducted, the Bringing Them Home report concludes that between one in three and one in ten children were removed from their homes between 1910 and 1970, adding: “not one indigenous family has escaped the effects of forcible removal.”30
But for the government, the removal of children was not as ‘successful’
26 Ibid, 140. 27 Bringing Them Home, 11. 28 Ibid, 11. 29 Ibid, 30. 30 Ibid, 31.
as what they had aimed for. As a result of the laws and policies that existed, there is hostility and alienation towards Aboriginal people today. In 1996, Sir William Deane, the then-‐Governor-‐General, argued that the Aboriginals’ “present plight, in terms of health, employment, education, living conditions and self-‐esteem … must be acknowledged as largely flowing from what happened…”.31
The Bringing Them Home report also references many studies that show how those who were removed did not have better outcomes overall than those who were removed. For example, a three-‐year longitudinal study from the 1980s found that those who were removed were less educated than those who had not been removed, had less stable living conditions, had poorer quality relationships with others, were three times more likely to have gone to jail, and were twice as likely to have used drugs.32 In a self-‐assessment, 36.1% of those who were removed from their families reported an excellent or very good health status, compared to 47.8% of those who were not removed reporting an excellent or very good health status.33 This shows that not being removed resulted in better outcomes in the long-‐term.
Furthermore, in 1975, the Victorian Aboriginal Legal Service reported that 90% of their clients who were involved in criminal proceedings were removed from their families as a
31 Bringing Them Home, 4. 32 Ibid, 11. 33 Ibid, 13.
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child.34 In fact, an Australian Bureau of Statistics (ABS) survey in 1994 found that 22% of people who had been removed from their families had been arrested multiple times in the last five years, compared to 11% of people arrested who were not removed. 35 The only instance where removed people had better outcomes than those who were not removed is in terms of income: those who were removed earned slightly more (between $8,000-‐12,000 per year) than those who were not removed ($0-‐3000), however it is suggested that this is possibly due to a higher level of urbanisation instead.36
It is clear that we need to make things right again. In recent times, prime ministers have apologised and attempted to repair our relationship with the Aboriginal people; Paul Keating admitted that “we committed the murders, we took the children from their mothers”. 37 Arguably the most well known and most powerful of these was when Prime Minister Kevin Rudd apologised to the Aboriginal people in front of federal parliament in 2008:
34 Ibid, 58. 35 Australian Bureau of Statistics, National Aboriginal and Torres Strait Islander Survey 1994, cat. no. 4190.0, < http://www.ausstats.abs.gov.au/ausstats/free.nsf/0/0604B8F7C929EB69CA2572250004958B/$File/41900_1994.pdf>, accessed 17 Oct. 2015, 2. 36 Bringing Them Home, 13. 37 Hayden Cooper, Right Words Shape as Biggest Barrier to Recognize Indigenous Australians in Constitution [video], (Australian Broadcasting Corporation, 6 July 2015), < http://www.abc.net.au/7.30/content/2015/s4268622.htm>, accessed 18 Oct. 2015.
We apologise for the laws and policies of successive parliaments and governments that have inflicted profound grief, suffering and loss on these our fellow Australians. We apologise especially for the removal of Aboriginal and Torres Strait Islander children from their families, their communities and their country.38
Sadly, it does not seem that we have entirely moved forwards from this, however. In reference to the Stolen Generation, John Howard said that it was “an absolute myth, it is absolutely contrary to the fact and I absolutely repudiate it.”39 Abbott also recently said what was referred to as a “very stupid and lazy comment”: “What we can’t do is endlessly subsidise [the] lifestyle choices [of Aboriginal people who live in remote communities if they] are not conducive to … full participation in Australian society…”.40 This shows that we may not be effectively progressing towards reconciliation.
Regardless of this, people who were removed have gone to court, seeking compensation from the government. One of these was Hilda Muir is a Darwin woman who was removed from her family in 1928, and “still always regret[s] that [she] never went back to see [her] people or see [her] mother [before she died]”.41 The High Court has deemed that the laws in the Northern Territory
38 Kevin Rudd, Sorry, Kevin Rudd’s Apology to “The Stolen Generation” [video], (Channel Ten, 12 Feb. 2008), <https://www.youtube.com/watch?v=b3TZOGpG6cM>, accessed 17 Oct. 2015. 39 Cooper [video]. 40 Ibid. 41 Stolen Generation in damages action, 3.
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were invalid, as they breached the Constitution: only the courts had the power to detain people; all people should be treated equally; and people had freedom of movement. 42 Ms Muir was taken to a compound where she slept on the floor, and had to risk being beaten in order to scavenge for food. 43 She said [sic]: “Everything had to be forgotten, your culture, your people. That was the idea of it, that once you was in the home, you was forgotten – to leave your people, not associate with them.”44
Bruce Trevorrow was an Aboriginal man who was taken from his parents when he was 13 months old.45 He was living with his parents at the time and a neighbour took him to hospital when he was ill; the Aboriginal Protection Board took him away while he was being treated, without telling his parents.46 During the court case, it was argued that “prior to or when making the decision … no attempt was made by the Crown to contact or consult the plaintiff’s parents about the … state of health or living conditions of the plaintiff”.47 Six months after he went to hospital, his mother asked when he would return home, and she was told that he was still being treated. 48 Mr Trevorrow
42 Stolen generation in damages action, 3. 43 Ibid, 3. 44 Ibid, 3. 45 Trevorrow v State Of South Australia (2004) SASC 355, point 3. 46 Ibid, point 3, 20. 47 Trevorrow v SA, point 138.2.1. 48 Penelope Debelle and Jo Chandler, ‘Stolen Generation Payout’, Age, 2 Aug. 2007, <http://www.theage.com.au/news/national/stolen-‐generation-‐payout/2007/08/01/1185647978562.html?page=f
stayed with another family for 12 years, and, as such, he argued that the government breached their duty of care and he “assert[ed] that his rights were infringed”.49 In 2007, Mr Trevorrow was awarded $525,000 in compensation in the first successful compensation claim made by members of the Stolen Generation, which was described as “a landmark judgement”.50
This is an encouraging sign that there is some progress towards reconciliation and moving forward from the aptly named “quiet genocide”.51
ullpage#contentSwap1>, accessed 18 Oct. 2015, para. 8-‐9. 49 Trevorrow v SA, point 20. 50 Debelle and Chandler, para. 1, 3. 51 Clark, 138.
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REFERENCES
Aboriginal Protection Act 1869 (VIC).
Aborigines Protection Amending Act 1915 (NSW).
Australian Bureau of Statistics, National Aboriginal and Torres Strait Islander Survey 1994, cat. no. 4190.0, < http://www.ausstats.abs.gov.au/ausstats/free.nsf/0/0604B8F7C929EB69CA2572250004958B/$File/41900_1994.pdf>, accessed 17 Oct. 2015.
Clark, Melanie, ‘Stolen Generation’, Index on Censorship, 29/4 (2000), 138-‐140.
Cooper, Hayden, Right Words Shape as Biggest Barrier to Recognize Indigenous Australians in Constitution [video], (Australian Broadcasting Corporation, 6 July 2015), < http://www.abc.net.au/7.30/content/2015/s4268622.htm>, accessed 18 Oct. 2015.
Debelle, Penelope, and Chandler, Jo, ‘Stolen Generation Payout’, Age, 2 Aug. 2007, <http://www.theage.com.au/news/national/stolen-‐generation-‐payout/2007/08/01/1185647978562.html?page=fullpage#contentSwap1>, accessed 18 Oct. 2015.
National Inquiry into the Separation of Aboriginal and Torres Strait Islander Children from their Families, Bringing Them Home (1997), < https://www.humanrights.gov.au/sites/default/files/content/pdf/social_justice/bringing_them_home_report.pdf>, accessed 14 Oct. 2015.
Rudd, Kevin, Sorry, Kevin Rudd’s Apology to “The Stolen Generation” [video], (Channel Ten, 12 Feb. 2008), <https://www.youtube.com/watch?v=b3TZOGpG6cM>, accessed 13 Oct. 2015.
‘Sorry Day and the Stolen Generations’, Australian Government [website], (20 May 2015) <http://www.australia.gov.au/about-‐australia/australian-‐story/sorry-‐day-‐stolen-‐generations>, accessed 14 Oct. 2015.
Stolen Generation Children [image], (1 Jan. 1930) http://hdl.handle.net/10070/33986, accessed 14 Oct. 2015.
‘Stolen generation in damages action’, Canberra Times, 10 Apr. 1995, 3, in Trove [online database], accessed 18 Oct. 2015.
Trevorrow v State Of South Australia (2004) SASC 355.