Reconciliation and Social Justice Library


Human Rights and Equal Opportunity Commission

Bringing them Home - The Report

Restitution of land


... it is a sad but truthful fact that the church and Christian people in the history of this Sate have contributed to the trauma, the decimation of the language and the culture among the Aboriginal community (Rev. Finlay submission 327 page 90).

Church responsibility

The loss of connection with and entitlements to land through forcible removal are discussed in Part 3. Some churches appear to understand that forcible removal has caused these losses and the further losses that flow inevitably from dispossession.

It must be acknowledged that, no matter how well intentioned the motives of the church were in its involvement in separating children from their families, it's complicity has contributed to the dislocation of the people concerned and therefore to their loss of land, language and identity (Anglican Church of Australia, Diocese of Perth submission 410 page 2). The staff members who served at Marribank [WA], the scatter homes and the hostels, with few exceptions, were not trained for cross-cultural work. Many acknowledge that they knew little of the cultures of the Aboriginal tribal groups. This had the inevitable effect of further isolating the children from their Aboriginal heritage. One of the social workers comments: Aboriginal values, traditions, and cultural mores were ignored in the care arrangements that were made for the children (Baptist Churches of WA and the Aboriginal and Islander Baptist Committee of WA submission 674 Page 15).

Church efforts

Some churches have expressed an intention or a willingness to return land acquired for the purpose of housing forcibly removed children or other land acquired for purposes relating to their missions to Aborigines.

Recently, during research through our records in preparing this submission, Baptist Churches of Western Australia discovered Crown Lease of 8094 square metres still inadvertently held by us, at Kojonup Location 4086, Reserve No. 16908, in Trust for the purpose of a Cemetery `Aboriginals'. We are willing to hand this land over to the Aboriginal people, as appropriate. (Baptist Churches of Western Australia submission 674 page 24).

The National Standing Committee of the Uniting Church in Australia has recently apologised,

... to the people of Minjilang, traditional owners of Croker Island, that the church took over a large part of their ancestral lands without their permission, and used it for forty years to provide care for children separated from their parents (submission 457 page 2).

The process of returning mission land has not been straightforward. The Inquiry was told in Broome that the Catholic Church was willing to hand back land used for mission purposes and that negotiations were under way. The Catholic Church proposes to hand back most of the land, retaining some portions as freehold. It is negotiating for an ex gratia payment in the order of $500,000 from the WA Government in return for relinquishing the land it holds on trust. It is proposed to invest that amount for the benefit of the residents of the missions (Bishop Chris Saunders evidence 519).

Proposals

The Kimberley Land Council called on churches to `resolve any outstanding land issues with relevant communities' (submission 345 page 72). The KLC noted that Indigenous people lost land entitlements by being removed from their traditional country to missions. The practice of gathering children together in missions on country belonging to others created problems communities must grapple with today.

Today around the Kimberley there are several large communities of people who have elsewhere been referred to as `the historical people'. These are people who live in ex-mission communities on land which is not their traditional country, but is only their home place. They are the people who were taken away, or the children and grandchildren of people who were taken away. The mention of native title on the country they call home has often caused them great concern. They are afraid that they will have to leave once the land is handed back to the Traditional Owners. They are afraid the Traditional Owners will use their new control over land to kick them off, or that it will no longer be appropriate for them to continue to live there. So far there have been two claims in the Kimberley where this has been a factor. The Traditional Owners and the KLC have developed an approach where community areas are not claimed, although the surrounding country is. This is to ensure that members of the community who are not Traditional Owners do not feel threatened or obliged to leave. Traditional Owners will seek to control their country, but will have to be able to accommodate the needs of the communities that live there and have lived there for a long time. Traditional Owners recognise that it is not the fault of those `newcomers' that they are there, and that for many it is their only home. Where the KLC does lodge a claim on behalf of Traditional Owners over an area where other groups have a strong historical connection, we are committed to helping to negotiate a solution over their respective land needs. People hold very strong historical connections to former mission or institution land and these connections must be acknowledged (submission 345 pages 21-22).

Recommendation

The return of land used by the churches would express their recognition that the policies and practices of forcible removal were wrong. It would indicate their refusal to profit from a practice most have publicly acknowledged was wrong.

Land holdings

Recommendation 41: That churches and other non-government agencies review their land holdings to identify land acquired or granted for the purpose of accommodating Indigenous children forcibly removed from their families and, in consultation with Indigenous people and their land councils, return that land.

In the hard copy version of this report there is a reproduction of the following item:

Aboriginal children in canoe spearing fish, Port Macquaire area, NSW, 1905

Courtesy Bicentennial Copying Project, State Library of New South Wales.

Our home was out in the bush, many miles from Kempsey. It was an old wooden shack consisting of only two rooms. It may not sound like much but it was the only home I ever knew. We children were little free spirits, exploring the bush surrounding our home, building cubbie houses, and just being allowed to enjoy our childhood. Our big brothers were always our protectors, we could rely on them to look after us and not let us come to any harm.
Confidential submission 332, Queensland.