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Yalangu
[1]
: The “True Spirit Of Reconciliation”
The Parliament is today here assembled to deal with
this unfinished business of the nation, to remove a great stain from the
nation’s soul, and in a true spirit of reconciliation to open a
new chapter in the history of this great land, Australia. -Prime Minister Kevin Rudd (Feb. 13, 2008)
I. A Community
Broken Nanna Nungala Fejo’s earliest memories honor her relationship with her family and community in a bush camp outside Tennant Creek, Australia. Born in the 1920s, Fejo recalls the “love and warmth and kinship” of her childhood. [2] And the dancing. She loved traditional Aboriginal dancing so much that, as a four-year-old, she broke custom instructing the girls to sit and watch, instead insisting on dancing with the male tribal elders.
But the coming of the white government “welfare men” in 1932
tainted her lively toddler memories and ultimately dismantled the community
kinship she warmly remembers. Although
Fejo’s family felt prepared for the event—having dug holes
for hiding places in the creek bank—the men’s arrival indeed
took the community by surprise. For the men did not come alone.
[3]
There was a truck. Two white men. An Aboriginal
stockman on horse, cracking his
whip.
Fejo and the other children could not hide. They “ran for their mothers, screaming,
but they could not get away.”
[4]
As the children were “herded and piled
onto the back of the truck,” her mother clung to the vehicle as
it pulled away.
[5]
They were off to the Bungalow in Alice Springs—the
Old Telegraph Station and a “scene of misery” between 1932
and 1942 for the several hundred child-residents who were taken from their
parents for “protection.”
[6]
Children were stolen; families broken. Fejo would never see her mother again.
A few years later, changed
governmental policies required churches to care for the kidnapped Aboriginal
children—the Stolen Generation.
The kids were instructed to line up in three lines.
Fejo and her sister stood in a different line than that of her
brother and cousin. Then boom, boom, boom: Line one would become Catholics,
line two Methodists, and line three Church of England.
[7]
She and her sister ended up at a Methodist mission
on Goulburn Island. Her “Catholic”
brother went to work at a cattle station. Her cousin was sent to a Catholic mission. Her family broken yet again.
Fejo remained
at one of two missions until she was sixteen. After World War II, she was allowed to leave
for a prearranged job as a domestic in Darwin.
Only then did she find out that her mother died years earlier,
“a broken woman fretting for the children that had literally been
ripped away from her.”
[8]
*** On February
13, 2008, Australian Prime Minister Kevin Rudd apologized to the tens
of thousands of indigenous Australian and Torres Strait children who were
taken from their families—sometimes by force—as part of an
assimilation policy that only came to an end in the 1970s.
He shared the vivid memories of Nanna Nungala Fejo—to illustrate
the significance of the apology to Australia’s indigenous peoples
for past and continuing harms. To
change the narrative. To de-sanitize the collective memory propagated
by former Prime Minister John Howard’s 11-year refusal to apologize
for the “misdeeds of past governments.”
[9]
Addressing
Parliament, with hundreds of members of the Stolen Generation listening
in the gallery, and the thousands gathered in town squares, state capitols,
and schools, Rudd recognized and took responsibility for the actual misconduct
of the assimilating government, the pain it caused then, and the harms
left behind that continue today.
[10]
We apologise especially
for the removal of Aboriginal and Torres Strait Islander children from
their families, their communities and their country.
For the pain, suffering and hurt of these Stolen Generations, their
descendants and for their families left behind, we say sorry. To the mothers and the fathers, the brothers
and the sisters, for the breaking up of families and communities, we say
sorry. And for the indignity and
degradation thus inflicted on a proud people and a proud culture, we say
sorry.
[11]
Additionally, Rudd called for bipartisan action to improve the lives of Australia’s Aborigines and Torres Strait Islanders. This was Prime Minister Rudd’s first official act—“Government business, motion No. 1”—just one day after he was sworn in to his position. [12]
II. “A Great Stain [on] the
Nation’s Soul” For sixty
years, the Australian government removed tens of thousands of mixed-race
Aboriginal children from their families and placed them in dormitories,
orphanages, industrial schools, or mission schools under the guise of
protection.
[13]
Some states viewed the policy as a means to
“breed out the color,” as described by Cecil Cook, “Chief
Protector of Aborigines” in the Northern Territory in the 1930s.
[14]
It was also seen as a part of the “deliberate,
calculated policies of the state as reflected in the explicit powers given
to them under statute dealing with ‘the problem of the Aboriginal
population.’”
[15]
In spite of these harsh mandates, Australia's
indigenous people did not win citizenship until 1967.
[16]
As a result of this assimilation policy—which
lasted until the 1970s—“stolen” children lost contact
with their families, heritage, and identity.
They received poor education. Lived
through harsh conditions. Endured
abuse. At age twelve, Mary Farrell-Hooker, now a spokeswoman
for an Aboriginal activist group, was raped by her “house father”
at a foster center: “He would actually come into the room
and force himself onto me, rape me, molest me…If I didn’t
do what he wanted, he would threaten to do the same to my sister and (threaten
to) split us up.”
[17]
Today, Australia’s
indigenous people—almost three percent of the Australian population—endure
a social position well below that of its majority counterpart.
[18]
The Aborigines’ life expectancy is seventeen
years lower than the average Australian’s.
They are thirteen times more likely to be incarcerated, three times
more likely to be unemployed, and twice as likely to be victims of actual
or threatened violence.
[19]
These statistics have worsened steadily since
Australia awarded indigenous people citizenship forty or so years ago.
[20]
Former
Prime Minister Howard's government
[21]
—its humble beginnings in the stir of the human
rights movement, just three years after the International Year of the
World’s Indigenous Peoples
[22]
—nevertheless refused to apologize for events
it was not directly responsible for, fearing the “repercussions”
of the apology: whopping compensation
claims.
[23]
This active ignorance of indigenous rights in
Australia became a pattern in Prime Minister Howard’s politics. In 1988, as Deputy Leader of the Opposition
era in Australia, Howard—a long-time opponent of indigenous Native Title
in Australia—introduced an immigration and ethnic affairs policy
called One Australia—visualizing “one nation and one future”
and thus fundamentally opposing multiculturalism and Aboriginal land rights.
[24]
In April
1997, after intense inquiry, the Human Rights and Equal Opportunity Commission
issued a report, Bringing them Home,
[25]
detailing the removal of Aboriginal and Torres Strait
Islander children from their families.
The 700-page report was tabled in Federal Parliament on May 26,
1997.
[26]
In 1999, Former Prime Minister John Howard
issued a “statement of regret,” but stubbornly refused to
offer a formal apology.
[27]
Howard and
his government later received criticism for an August 2007 intervention
in the Northern Territory—the Northern Territory National Emergency
Response— that “curtailed the rights of many indigenous
communities,”
[28]
including quarantining half of the welfare payments
to Aborigines to ensure the payments were spent on food, fining them if
their children did not attend school, banning alcohol and pornography
in the native areas of the Northern Territory, and ultimately “clear[ing]
the way for the government to purchase five-year leases on Aboriginal
town land.”
[29]
Additionally, under the Howard government, Australia
opposed the recently-passed UN Declaration on the Rights of Indigenous
Peoples,
[30]
which promotes the exclusive rights of Indigenous Peoples
and encourages people worldwide to give more respect and consideration
to indigenous communities. III. A New Chapter
[F]or our nation, the course
of action is clear, and therefore, for our people, the course of action
is clear: that is, to deal now with what has become one of the darkest
chapters in Australia’s history. In doing so, we are doing more
than contending with the facts, the evidence and the often rancorous public
debate. In doing so, we are also wrestling with our own soul. This is
not… a black-armband view of history; it is just the truth: the
cold, confronting, uncomfortable truth—facing it, dealing with it,
moving on from it. Until we fully confront that truth, there will always
be a shadow hanging over us and our future as a fully united and fully
reconciled people. It is time to reconcile. It is time to recognise the
injustices of the past. It is time to say sorry. It is time to move forward
together.
[31]
This new
chapter—characterized by Prime Minister Rudd’s rise to power
in Australia’s government and immediate apology to its indigenous
people—certainly was timely, occurring just months after the Howard
government, yet again, actively ignored the needs of native people.
But what does this apology mean for the people for whom it was
meant? Does it signal a concrete step toward reconciliation
between the Australian government and Aborigines?
A. Recognition and Responsibility
First, an
apology consists of mere words. One
can say sorry without really meaning it. Although this is indeed the truth—as evidenced by the United
States’ 1993 apology to Native Hawaiians that, fifteen years later,
for the most part still has not translated into concrete action—in
this case, the apology appears meaningful.
It was not induced domestically.
There was obviously no pressure from Australia’s previous
government. And even though international pressure existed—Rudd’s
term began just months after the U.N. Declaration of the Rights of Indigenous
Peoples’ passed—because Rudd put the apology at the top
of his agenda (Government business, motion no. 1), such an urgency cannot
be interpreted as anything less than meaningful. Additionally,
and perhaps more importantly, Prime Minister Rudd recognized the inherent
limitation of a lone apology: “There
is nothing I can say today that will take away the pain… Words
alone are not that powerful.”
[32]
Viewing an apology as words, words as symbols,
and apologies as symbolic of reconciliation, Rudd declared: “[U]nless the great symbolism…is
accompanied by an even greater substance, it is little more than a clanging
gong.”
[33]
There is something to his words. More than words. For “[i]t is not sentiment that makes history; it is our actions
that make history.”
[34]
In his work on social healing through justice,
University of Hawai‘i Law Professor Eric Yamamoto similarly warns of
the danger of “incomplete or insincere acknowledgements and ameliorative
efforts—how ‘empty apologies’ and words without institutional
restructuring and attitudinal changes can mask continuing oppression.”
[35]
Thus Rudd’s acknowledgment of “cheap
grace” is significant. In
this way, his apology recognizes—with sincerity—and takes
responsibility for Australia’s wrongdoing and the ways that its
transgressions caused current social and psychological harms that weigh
down the oppressed community. Even with
its inherent limitations, the apology nevertheless recognizes Australia’s
responsibility to heal the wounds of past injustice, calling the nation
to action. Prime Minister Rudd
stated that an apology—and ultimately reconciliation—is
Australia’s responsibility, because the laws enacted by parliaments
made the Stolen Generations possible: “We, the parliaments of the nation, are
ultimately responsible.”
[36]
He then painted a dream of the future based
on determination, possibility, mutual respect and mutual responsibility—“a future where all Australians, whatever their origins, are
truly equal partners, with equal opportunities and with an equal stake
in shaping the next chapter in the history of this great country, Australia.”
[37]
B. Reconstruction
Prime Minister Rudd’s words of apology begin a sort of reconstruction. A reshaping of national narratives and subsequent transformation of relationships. First, he tells the unsanitized version of Australian history—the truth previous governments failed to tell and hoped the Stolen Generation would forget. Cultural genocide as a means to obtain land and resources. The racism. The violence. The effects on Indigenous families and communities. The truth. In doing so, he changes the collective memory, [38] returning dignity back to those stolen from their families without the chance to kiss their parents goodbye.
This apology also served to restructure the Aborigines’ relationship with other Australians and the government itself. In his speech, Prime Minister Rudd asked the members of parliament and others who would hear his words to imagine if the terrors faced by the Stolen Generation had happened to them. “Imagine if this had happened to us,” Rudd said. “Imagine the crippling effect.” [39] By putting those in power in the shoes of the powerless, Rudd begins to “build[] a bridge,” as he called it, “based on a real respect rather than a thinly veiled contempt” [40] —using empathy to transform the power dynamic and help reshape the Australia/Aborigine relationship.
Rudd also moved beyond sentiments,
offering substantive action to repair the harms of the old assimilation
policy and the continuing effects on those connected to Stolen Generation
and on society as a whole. The
apology itself, while symbolic, was also concrete, “offered as
part of the healing of the nation.”
[41]
Thus, Rudd asked the opposition to move beyond
partisan politics. Although the
government—contrary to the landmark Bringing
Them Home report—ruled out establishment of a compensatory
fund for the Stolen Generation,
[42]
Rudd suggested a “war cabinet” on indigenous
policy led by himself and the opposition leader, the Liberal Party’s
Brendan Nelson. The war cabinet would first develop and implement
an effective housing strategy for remote communities, ultimately “closing
the gap” dividing the Indigenous and non-Indigenous communities.
[43]
But is the war cabinet a poison pill for further
isolation of the Aboriginal people of Australia? The leaders of the commission are not Indigenous.
The quick reveal of the cabinet failed to mention an intent to
consult Indigenous members. Subsequent announcements, however, indicate
that the Rudd government will “undertake
discussions with indigenous people about the best process to develop
a new representative body.”
[44]
The Indigenous community is split with regard to the make-up of the commission. Some want a fully-elected body, others, including prominent activist Sam Watson, is willing to compromise. The government, it seems, is leaning towards this compromise of elected and appointed representatives from urban, regional, and remote Indigenous communities. [45] Although it is too early to tell—as Australia has offered only an apology and subsequent discussions, not detailed legislation—such details must be scrutinized to keep with the words and alleged intentions of this apology.
C. A Brief Assessment It is indeed
uncertain whether Rudd will follow through on these measures. Nevertheless, the mere fact that he delineates
a plan shows more action than other “apologies.” Evidence of Rudd’s follow-through is this
February 13 apology itself. On
December 11, 2007, newly elected Rudd announced that the Federal government
would issue an official apology to Indigenous Australians.
[46]
The wording of the apology would be decided
in consultation with Indigenous leaders.
[47]
One day into his term, Rudd fulfilled his promise,
bringing tears to the eyes of the Stolen Generations with the words
chosen. Hopefully, this action
symbolizes what is to come. Members of the community—both
domestic and international—commented on the apology and speculate
on possible actions yet to come. Kirstie
Parker, managing editor of Aboriginal newspaper, The Koori Mail, called
the apology “fantastic.”
She said that it was not just the apology that was significant;
more important was Rudd’s retelling of the victim’s stories,
bringing the reality of the misdeeds to light and publicly confronting
those who deny what happened.
[48]
Tamara Mackean, the president of the Australian
Indigenous Doctors’ Association, views the bipartisan approach
as the “key to moving things forward.”
[49]
But for some,
Rudd’s apology does not go far enough because he ruled out setting
up a government fund to compensate victims as part of a larger reparations
movement. Prior
to the apology, Les Malezer, spokesman for the National Aboriginal Alliance,
said that an apology would be a wasted event without compensation.
[50]
Nevertheless, Parker
said she has “a distinct feeling…that [Aboriginal people]
feel that compensation is an absolute possibility, notwithstanding the
prime minister’s very vehement statement about not considering
it.”
[51]
By one account, Rudd “does not appear
likely to budge.”
[52]
State governments, however, seem more open to
the possibility of monetary compensation. Additionally,
the Rudd government’s willingness to maintain (with few changes)
Howard’s 2007 Northern intervention is questionable at best.
The measure—which Rudd supported in his former governmental
post—divides Indigenous and non-Indigenous communities.
Some welcome the measure, while others call it paternalistic,
amounting to nothing more than a land grab.
[53]
Other observers note Rudd’s perspective
that the apology is a beginning that will enable the government to tackle
other issues
[54]
—especially
Indigenous health. But the apology
may “lose its shine” if Rudd cannot “also make inroads
into key health indicators—such as life expectancy and infant
mortality rates.”
[55]
Despite these
domestic concerns, United Nations human rights experts showed their
approval. The apology, they said,
“will strengthen the moral fabric of the country and reinforce
the Aboriginal contribution to Australian society.”
[56]
The group also praised “Australia’s
efforts to acknowledge historical injustices and to promote reconciliation,”
calling it “an example of how to enhance harmonious and cooperative
relationships between indigenous peoples and States, in the spirit of
the UN Declaration on the Rights of Indigenous Peoples.”
[57]
Thus Australia’s apology represents major strides in reconciliatory efforts with its Indigenous peoples. It not only recognizes and takes responsibility for Australia’s wrongdoings, but Rudd’s honest expression of the apology begins to carve out a path towards reconstructing its relationship with the Aborigines and Torres Strait Islanders. At this point, all anyone can do is speculate on the reparatory action that will follow in the months and years to come.
But a hopeful tone echoes in the
ears of those listening and waiting for societal changes that would
uplift Indigenous peoples: “If
the apology we extend today is accepted in the spirit of reconciliation
in which it is offered,” Rudd said, “we can today resolve
together that there be a new beginning for Australia.”
[58]
IV. A New
Beginning - Implications for Native Hawaiians? Although
the United States’ initiation of reconciliation with Native Hawaiians
came fifteen years before Australia offered an apology to its own Aboriginal
people, the words of the U.S. government—its promise—has
remained largely unfulfilled.
[59]
Through the 1993 Apology Resolution, Congress
apologized for its role in the illegal overthrow of the independent
Hawaiian Kingdom and formally committed to reconciliation in light of
the resulting cultural devastation, taking of land and continuing socio-economic
and psychological harms.
[60]
Specifically, Congress “express[ed] its
commitment…to provide a proper foundation for reconciliation
between the United States and the Native Hawaiian people.”
[61]
Reparatory Federal legislation has since been
enacted, but much has been overshadowed by attempts to undermine Hawaiian
efforts to restore a measure of self-determination.
[62]
With Prime
Minister Rudd’s explicit recognition of the incompleteness of
a mere apology and his seemingly good intentions, perhaps Australia
will set an example for the United States’ reconciliation process
with Native Hawaiians. As two of the four nations opposing the U.N.
Declaration on the Rights of Indigenous Peoples, the U.S. and Australia
have much in common: unfulfilled
obligations to their Native peoples.
Perhaps this apology will further rouse and bolster support for
Indigenous peoples in the court of international opinion.
Perhaps this renewed sense of justice will exert pressure on
leaders of nations to repair the continuing harms of colonization—now,
more than ever, an issue of human rights.
In this way, there may be much that the U.S. can learn from Australia’s
words and actions taken since the start of 2008. And so perhaps this year marks a new beginning—a changing of the tide for Australian Aborigines, Native Hawaiians, and Indigenous peoples everywhere. |
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[1] Document
0275, Aboriginal Studies Electronic Data Archive, Australian Institute
of Aboriginal and Torres
Strait Islander Studies (May 1990), available at http://www1.aiatsis.gov.au/ASEDA/docs/0275-Pitta-Pitta-vocab.html.
[2]
Prime Minister Kevin Rudd, Apology to Australia’s Indigenous Peoples,
Parliament of Australia: House of Representatives 3 (Feb. 13, 2008), available
at http://www.aph.gov.au/house/Rudd_Speech.pdf.
[3]
Rudd, Apology, supra note 2, at
3.
[4]
Id.
[5]
Id.
[6]
The
old days at the Old Telegraph Station, ABC Alice Springs (Sept. 6, 2002), available at http://www.abc.net.au/alicesprings/stories/s1502080.htm.
[7]
“That is how the complex questions
of post-reformation theology were resolved in the Australian outback
in the 1930s. It was as crude as that.”
See Rudd, Speech, supra note 2.
[8]
See
Rudd, Speech, supra note 2,
at 3.
[9]
See
Tim Johnston, Australia apologizes
to Aborigines, International
Herald Tribune (Sept. 13, 2008), available
at http://www.iht.com/articles/2008/02/13/asia/13aborigine.php. See also
generally Sharon K. Hom & Eric K.
Yamamoto, Collective Memory,
History, and Social Justice, 47 UCLA
L. Rev. 1747 (2000) [hereinafter Hom & Yamamoto, Collective Memory].
[10]
Australia:
“Stolen generations” speak out in Canberra, World Socialist
Website (Feb. 14, 2008), available
at http://www.wsws.org/articles/2008/feb2008/inte-f14.shtml.
[11]
See
Rudd, Speech, supra note 2,
at 1.
[12]
See
Johnston, Australia Apologizes,
supra note 9.
[13]
Prime Minister Rudd estimated
that up to 50,000 children were forcibly taken from their families.
This was between 10 and 30 percent of Indigenous children. See
Rudd, Speech, supra note 2,
at 2.
[14]
See
Johnston, Australia Apologizes,
supra note 9.
[15]
See
Rudd, Apology, supra note 2, at 2.
[16]
Far-Reaching
Policy for Aborigines Draw Their Fury, The
New York Times (Aug. 24, 2007), available
at http://www.nytimes.com/2007/08/24/world/asia/24outback.html?ex=1345608000&en=f812218dfd708cf3&ei=5088&partner=rssnyt&emc=rss.
[17]
See
Australia apologizes to Aborigines, CNN.com
(Feb. 12, 2008), available at
http://www.cnn.com/2008/WORLD/asiapcf/02/12/australia.aborgines/index.html
[18]
Id.
[19]
Id.
[20]
Id.
[21]
This government lasted between March 1996
– December 2007. John Howard, Australia’s Prime Ministers
(Mar. 18, 2008), available at
http://primeministers.naa.gov.au/meetpm.asp?pmId=25.
[22]
Russel Lawrence Barsh, Indigenous Peoples in the 1990s: From Object
to Subject of International Law, 7 Harv.
Hum. Rts. J. 33 (1994).
[24]
See
Andrew Markus, Race: John Howard
and the Remaking of Australia 85-89 (2001).
[25]
Bringing
Them Home: Report of the National Inquiry into the Separation of Aboriginal
and Torres Strait Islander Children from Their Families, Human Rights
and Equal Opportunity Commission (Apr. 1997), available
at http://www.humanrights.gov.au/social_justice/bth_report/report/index.html.
[26]
One of the recommendations of the report
was to declare a National Sorry Day.
Id. On
May 26, 1998, the first National Sorry Day Sorry Day offered the community
the opportunity to be involved in activities to acknowledge the impact
of the policies of forcible removal on Australia's Indigenous populations. See Sorry
Day, Australian Government Culture and Recreation Portal (Feb. 14,
2008), available at http://www.acn.net.au/articles/sorry/.
This was an annual event until 2004.
Id. In 2005, the holiday was renamed the National Day of Healing for
All Australians. Id.
[27]
Dr. Mark McKenna, Different Perspectives on Black Armband History, Parliamentary Library,
Parliament of Australia (Nov. 10, 1997), available at http://www.aph.gov.au/library/pubs/rp/1997-98/98rp05.htm.
[28]
See
Johnston, Australia Apologizes,
supra note 9.
[29]
See
Far-Reaching Policy, supra
note 16. Specifically, the people of the town of Papunya—set up
by the government in the 1950s as a distribution point for the rations
distributed to Aboriginal people—describe themselves as “unwilling
subjects in a cultural experiment,” with “generations of
government housing lying derelict, and plastic bottles and abandoned
cars strewn about” and the festering “drug addiction, domestic
violence, poor health and lack of education.”
Id. Although
this intervention tended toward addressing these ills, the Aboriginal
people label the legislation “paternalistic.”
Id.
[30]
U.N. Declaration on the Rights of Indigenous
Peoples (Sept. 13, 2007).
[31]
See
Rudd, Apology, supra note 2, at 3.
[32]
See
id.
[33]
Id.
[34]
Id.
[35]
Eric
K. Yamamoto, Interracial Justice: Conflict and Reconciliation in Post-Civil
Rights America 171 (1999).
[36]
See
Rudd, Apology, supra note 2, at 2.
[37]
Id.
[38]
Hom & Yamamoto, Collective Memory, supra note 9.
[39]
See
Rudd, Apology, supra note 2, at 3.
[40]
See
id.
[41]
See
Australia apologizes to Aborigines, CNN.com,
supra note 17.
[42]
Steven de Tarczynski, Australia: Apology to Stolen Generations –
A Good Start, Galdu Resource Center for the Rights of Indigenous
People (Mar. 3, 2008), available
at http://www.galdu.org/web/calahus.php?odas=2571&giella1=eng. A compensation fund would
mean that the Stolen Generations would be less likely to undertake costly,
time-consuming and emotionally draining legal battles. But a precedent
has already been set, with Bruce Trevorrow successfully suing authorities
last year. Others have also initiated legal action.
Id.
[44]
See
de Tarczynski, Australia:
Apology to Stolen Generations, supra note 42 (according to
Indigenous Affairs Minister Jenny Macklin).
[45]
Id.
[46]
Stephanie Peatling, How to say sorry and heal the wounds, The Sydney Morning Herald (Dec. 12, 2007), available at http://www.smh.com.au/news/national/how-to-say-sorry-and-heal-the-wounds/2007/12/11/1197135463459.html.
[47]
Id.
[48]
See
Johnston, Australia Apologizes,
supra note 9.
[49]
See
Kruger, ‘Practical’
Indigenous policy, supra note 43.
[50]
de Tarczynski, Australia: Apology to Stolen Generations, supra note 42.
[51]
See
Johnston, Australia Apologizes,
supra note 9.
[52]
de Tarczynski, Australia: Apology to Stolen Generations, supra note 42.
[53]
Id.
[54]
Another
Indigenous concern has to do with remote communities. "What we've seen over the last few years is that when
people are bored, when they are undervalued, when they've got no esteem…
communities become toxic, things go bad," Wesley Aird, of Gold
Coast Native Title Group observes. See Kruger, ‘Practical’ Indigenous policy, supra note 43. He questions politicians’ motivations
to assess the viability of remote Indigenous communities and further
recognizes the need to “reassess where people live, why they live
there and under what social contract they’re existing in places.”
Id.
[55]
See
de Tarczynski, Australia:
Apology to Stolen Generations, supra note 42.
[56]
See
UN rights experts welcome Australia’s apology to indigenous peoples,
UN News Centre (Feb. 18, 2008), available
at http://www.un.org/apps/news/story.asp?NewsID=25657&Cr=Australia&Cr1=.
[57]
Id.
[58]
See
Rudd, Apology, supra note 2, at 3.
[59]
Ashley Obrey, Broken Promise? A Brief
Update on the U.S. Role in Native Hawaiian Reconciliation Since The
1993 Apology, KA HE‘E E-NEWSLETTER OF THE CENTER FOR EXCELLENCE
IN NATIVE HAWAIIAN LAW, Issue 3, Aug. 2007.
[60]
U.S. Public Law 103-150, November 23, 1993
(formerly S.J. Res. 19, 103d Cong., 1st sess., 107 Stat.
1510 (1993)). Hereinafter referred to as the “Apology Resolution.”
[61]
See
Apology Resolution, supra
note 60.
[62]
Obrey, Broken Promise?, supra note 59. See
also Rice v. Cayetano, 528 U.S. 495 (2000). |