Case study:
National Inquiry into the
Separation of Aboriginal and
Torres Strait Islander Children from
Their Families
1995–97
AUSTRALIAN HUMAN RIGHTS AND EQUAL OPPORTUNITY
COMMISSION
Background and context of the inquiry
The 1997 report, Bringing them home, documented an historic two-year national
inquiry into one of the most serious practices of systematic human rights
violations experienced in Australia, affecting Australian Aborigines and Torres Strait
Islanders.19 These practices were authorised by law and carried out in all Australian
states and territories, under a nationally agreed policy of assimilation – a policy
whereby Aboriginal and Torres Strait Islander peoples would be absorbed into the
mainstream Australian community, losing their ancient cultures and their distinctive
identities. Over a period of 200 years, from the start of European occupation
through to approximately 1970, tens of thousands of Indigenous children were
forcibly removed from their families and communities in Australia. These children
were known as the “Stolen Generations”.
Indigenous Australians had long seen these policies and practices of removal as
one of the most fundamental wrongs done to them and as the foundation of much
of the disadvantage they suffered. They were beginning to tell their stories to the
broader community and to seek truth and justice. They also sought access to
government records, information and assistance to try to reunite the members of separated families.
In 1994, at the Going Home conference in Darwin, over 600 participants shared stories and discussed
a reconciliation process for those affected by the practices. In 1995, the Australian Attorney-General
requested the Human Rights and Equal Opportunity Commission (HREOC) (now the Australian Human
Rights Commission) to conduct an inquiry into the policies, legislation and government practices that
had led to the Stolen Generations. It would be a cornerstone of the national commitment made in 1991
to a ten-year programme of national reconciliation between Indigenous and other Australians.20
The National Inquiry examined the multiple intergenerational effects of dispossession on Indigenous
families. It was a means of recognition, bearing witness to the experiences of those who suffered, and
initiating a process of reconciliation, healing and, ultimately, reparation with and for them. Its terms of
reference included making recommendations on policy and law reform, compensation and processes
to assist family reunions. It also examined contemporary government practices relating to the removal
and care of Indigenous children.
19
For the report and other resources from and about the National Inquiry, see: www.humanrights.gov.au/our-work/aboriginal-andtorres-strait-islander-social-justice/publications/bringing-them-home-stolen.
20
See Reconciliation Australia’s website at: www.reconciliation.org.au.
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