Howard rejects 'stolen generation' tribunal

A plane writes the word the government has avoided

Prime Minister John Howard rejected calls on Monday to set up a compensation tribunal for Aborigines taken as children from their parents by the authorities, known as the stolen generation.

Mr Howard acknowledged that many Aboriginal children had suffered trauma under the official policy, which ended in the 1960s, but said the court process was the appropriate mechanism for such cases.

Howard has refused to apologise on behalf of the government

"We acknowledge there is ongoing trauma," Mr Howard told parliament.

"But we do not support the idea of a tribunal - one of the reasons is because we don't believe it will be cheaper than the court system."

Opposition politicians and Aboriginal leaders have called for a new tribunal dealing with stolen generations claims to be set up to avoid costly court cases.

Labour opposition leader Kim Beazley has said a "proper public apology" as well a tribunal were needed.

I think this case emphasises the cruelty of the government's response to the claims

Sir Ronald Wilson

The call comes after a court on Friday rejected landmark claims from two Aborigines suing the government for the trauma, emotional distress and cultural isolation they suffered after being taken from their families.

The ruling was a major setback to the 700 other Aborigines who have lodged writs seeking damages.

Mr Howard admitted Friday's court decision was significant.

Appeal

The two claimants who lost their case on Friday, Peter Gunner and Lorna Cubillo, were likely to appeal, their lawyer said on Monday.

Aboriginal leaders say the stolen generations began as early as the 1880s

Lawyer Jack Rush said the Federal Court's ruling would not end the issue.

"These claims are not going to go away," Mr Rush told Australian radio.

The two claimed they were taken without permission and had suffered abuse under state care.

However, Judge Maurice O'Loughlin said the laws to remove them were not unconstitutional.

He accepted however that Mr Gunner was sexually molested and Ms Cubillo was "viciously assaulted".

Legal experts were reported as saying Canberra spent up to $6m defending the claim.

'Cruel' response

On Sunday, the author of the landmark report on the stolen generation rejected the government's argument that a reparations tribunal would be equally costly as the court system, the Sydney Morning Herald reported.

Aboriginals say the policy isolated them from their culture

"I think this case emphasises the cruelty of the government's response to the claims and the need for an alternative method," Sir Ronald Wilson commented on Friday's court judgement.

More than 100,000 Aboriginal children were taken from their parents as part of a policy to assimilate them into white Australian society.

A 1997 national inquiry found many children removed were abused and had suffered long-term psychological effects.

The Aboriginal community remains the country's most disadvantaged group in terms of health, education and income.