Compensating the Northern Territory Stolen Generations: A Commonwealth Responsibility
In: http://hdl.handle.net/1885/14428
Compensation for the Stolen Generations has remained a key recommendation for reparation and an issue of national and international concern. This report focuses on compensating those directly affected by past policies of forced removal in the Northern Territory. This report finds that monetary compensation is indeed due for the hurt and harm suffered by those removed. Removal constituted a fundamental breach of human rights and is now accepted as within the definition of cultural genocide. Issues relating to what happened once removed, whilst not the focus of this report are nonetheless important in representing the damage caused and the extent it has contributed to ongoing problems for individuals and communities. Over the past decade , the Government has taken a number of step s towards reconciliation including the national apology and funding for counselling and parenting services. Evidence however suggests that these measures have been inadequate in fully responding to the needs of the Stolen Generations. This report has collected and documented this evidence and concludes that there is strong moral and legal basis for providing compensation and that there is a growing urgency to resolve this issue as the Stolen Generations have little time left. A major element in this report as acknowledged in its title is the Commonwealth's responsibility for the Northern Territory. Detailed examination of the laws between 1911 and 1978 reveal the Commonwealth's intention to control the Northern Territory Indigenous population. Further, given that State Governments have begun compensating the Stolen Generations in their respective states, it i s accepted that the only government liable to pay compensation to the Northern Territory is the Commonwealth Government. Five recommendations are made in this report and in short they urge the Government to implement a compensation scheme for the Northern Territory by creating a Federal Bill. A Stolen Generations fund of $20-25 million is to be created and these moneys are to be divided equally amongst living members of the Northern Territory Stolen Generations upon application and successful assessment of eligibility by a Tribunal appointed for this purpose. These recommendations are based on existing state and federal compensation initiatives. A significant aspect of this report is an in-depth scrutiny of each of the arguments advanced by the Commonwealth in support of their position of no compensation. Its purpose is to show that once the rationale for compensation is provided and Commonwealth responsibility is established, there is no sound argument by which the Government can rely to refuse to provide compensation. This together with a legislative framework appropriate to the Northern Territory presents a means by which realization of this issue can finally be achieved