Bringing-Them-Home-Report-Web

general damages for the pain and suffering arising from the loss of these particular legalrights (submission 576).Where native title rights can be restored, that is where the traditional owners acceptthe individual as a full participant in enjoyment of the title, no damages should beavailable.The heads of damage identified in Recommendation 14 are in line with thoseproposed by van Boven and adopted in successful human rights litigation in otherjurisdictions.Heads of damageRecommendation 14: That monetary compensation be provided to peopleaffected by forcible removal under the following heads.1. Racial discrimination.2. Arbitrary deprivation of liberty.3. Pain and suffering.4. Abuse, including physical, sexual and emotional abuse.5. Disruption of family life.6. Loss of cultural rights and fulfilment.7. Loss of native title rights.8. Labour exploitation.9. Economic loss.10. Loss of opportunities.Civil claims for compensationIndigenous people are now taking civil damages actions arising from forcibleremoval. One was commenced in New South Wales by Ms Joy Williams, a womantaken from her mother at birth in 1942 and placed in Bomaderry Children’s Home.She was moved at four to a non-Aboriginal children’s home because she was ‘fairskinned’.Here visits from her mother ceased because the mother was not told of herwhereabouts. The child was told she was an orphan. She complains that she was illtreatedin this home and repeatedly ran away. She was brought up to believe shewas ‘white’ and to have a low opinion of Aborigines. But in adolescence she was toldshe had ‘mud in your veins’ causing severe distress. She opened her veins toexamine her blood for mud (Williams 1994 page 501). In adulthood she sufferssevere psychiatric and other ill-health.Ms Williams claims the Aborigines Welfare Board was her statutory guardian andbreached its fiduciary duty to her by denying her her cultural heritage, by failing toprotect her from harm and by failing to prepare her for healthy adult life.The injuries she now experiences are said to flow from her wrongful removal firstfrom her mother and then from Bomaderry to a non-Aboriginal home. Havingovercome a potential problem with the statute of limitations, Ms Williams’ case awaitstrial on the issues.