A/HRC/36/46/Add.2
N.
Stolen Generations and reparation
92.
2017 marks the twentieth anniversary of the publication of “Bringing Them
Home”, 24 the report on “stolen children” that concluded that the forced removal of
Aboriginal and Torres Strait Islander children had been genocidal and had constituted a
crime against humanity for which reparation was due under international law. The forced
removals had ruptured cultural ties, broken down family and social structures and resulted
in intergenerational trauma that continued to disadvantage indigenous communities. There
were links between past and present child removal practices as indigenous peoples who had
themselves been placed in institutions never experienced growing up in a family
environment, placing them at a disadvantage in developing their own parenting skills. The
Special Rapporteur learned about instances where three generations of children had been
removed from their families and placed in institutions.
93.
The Special Rapporteur welcomes the ongoing Stolen Generations reparations
schemes in New South Wales and South Australia and the reparations already paid in
Tasmania, and reiterates the recommendation in “Bringing Them Home”, also supported by
the Australian Human Rights Commission, that a comprehensive national mechanism be
established to ensure that adequate reparations, including compensation, are provided to the
victims of the Stolen Generations policies.
O.
Violence against women
94.
Discrimination against Aboriginal and Torres Strait Islander women on the grounds
of gender, race and class is structurally and institutionally entrenched. This discrimination,
coupled with the lack of culturally appropriate measures to address the issue, fosters a
disturbing pattern of violence against Aboriginal and Torres Strait Islander women.
Indigenous women are 10 times more likely to die of violent assault and 32 times more
likely to be hospitalized as a result of violence-related assault compared with nonindigenous women.
95.
Those statistics may not reflect the actual numbers owing to high underreporting
rates, estimated at 90 per cent. Underreporting is related to the issue of distrust of the
current system, highlighting the importance of Aboriginal community-led programmes
where women can regain trust and seek out culturally safe service provision. Some women
do not report family violence out of fear that their children may be removed. The Special
Rapporteur was troubled by information indicating that certain Aboriginal family violence
prevention legal services had to turn away 30 to 40 per cent of women seeking assistance
owing to a lack of resources. She urges that additional financial support to those legal
services be provided and based on a national needs-based assessment.
96.
Family violence is an intersectional concern that overlaps with homelessness,
poverty, incarceration, health and the removal of children. If not tackled comprehensively,
family violence will remain cyclical and undermine efforts to address related issues. In
2016, the Government launched the Third Action Plan of the National Plan to Reduce
Violence Against Women and Their Children, which lists among its priorities Aboriginal
and Torres Strait Islander women and children. However, the Special Rapporteur concurs
with the Special Rapporteur on violence against women that a specific national action plan
on violence against Aboriginal and Torres Strait Islander women is needed and should be
developed in close consultation with indigenous women and other relevant stakeholders.
P.
Political participation
97.
Currently only 50 per cent of the Aboriginal and Torres Strait Islander population is
on the electoral role. This is partly due to eligible voter criteria, including the requirement
of a fixed address and a ban on voting by prisoners serving a sentence of more than three
24
16
See https://healingfoundation.org.au/bth20/.