Citizens’ rights and the rule of law in a civil society: not just yet

"On the 24th of November 2007, history presented Australia with a choice. To the surprise of some and the delight of a narrow majority, Australia chose the ALP and brought to an ignominious end 11½ years of John Howard’s Government... The magnitude of the choice became clear soon afterwards. In the first sitting of the new parliament, the Government said ‘sorry’ to the stolen generations. It seemed almost too good to be true: the apology so many had waited so long to hear. And it was astonishing and uplifting to hear some of the noblest and most dignified sentiments ever uttered in that place on the hill. It is worth recalling some of the words:

“Today we honour the indigenous peoples of this land, the oldest continuing cultures in human history.
We reflect on their past mistreatment.
We reflect in particular on the mistreatment of those who were stolen generations – this blemished chapter in our nation’s history.
We apologise for the laws and policies of successive Parliaments and Governments that have inflicted profound grief, suffering and loss on these our fellow Australians. …
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’. …
We today take this first step by acknowledging the past and laying claim to a future that embraces all Australians.
A future where this Parliament resolves that the injustices of the past must never, never happen again. …”

The 13th of February 2008 will be remembered as a day the nation shifted, perceptibly. The apology was significant not only for marking a significant step in the process of reconciling ourselves with our past: it cast a new light on the former government. It set a new tone. And I think it reminded us of something we had lost: a sense of decency.

Most of the worst aspects of the Howard years can be explained by the lack of decency which infected their approach to government. They could not acknowledge the wrong that was done to the stolen generations; they failed to help David Hicks when it was a moral imperative: they waited until his rescue became a political imperative; they never quite understood the wickedness of imprisoning children who were fleeing persecution; they abandoned ministerial responsibility; they attacked the courts scandalously but unblushing; they argued for the right to detain innocent people for life; they introduced laws which prevent fair trials; they bribed the impoverished Republic of Nauru to warehouse refugees for us. It seemed that they did not understand just how badly they were behaving, or perhaps they just did not care. And they are unable to change their ways in defeat: prominent back-benchers are scrambling for the lifeboats.
One of the most compelling things about the apology to the stolen generations was that it was so decent. Suddenly, a dreadful episode in our history was acknowledged for what it was. Unfortunately, when announcing that the Government would apologize to the stolen generations, the Prime Minister also said that the Government would not offer compensation. Let me explain why I think that was unfortunate. ..."

Excerpt from the Ninth Manning Clark Lecture entitled "Citizens’ rights and the rule of law in a civil society: not just yet". By Julian Burnside QC.

Full transcript is here, unfortunately the podcast has been removed.