Bringing Them Home, Appendix 9, Recommendation 5a.
3.
For a compilation of these apologies, see ‘Stolen Generations: The Way Forward’ (2009) 289Issues in Society, 7.
4.
Prime Minister, Mr Howard, Commonwealth Parliament, Hansard, 30 October 1996, 6158.
5.
Commonwealth Parliament, House of Representatives, Hansard, 26 August 1999, 9165.
6.
RuddKevin, ‘Apology to Australia's Indigenous Peoples’Hansard, 13 February 2008, 167 (Apology').
7.
Apology, 169 and 170–1.
8.
Apology, 170.
9.
See generally, Gibney, The Age of Apology (2008).
10.
GovierTrudyVerwoerdWilhelm (2002) The Practice of Public Apologies: A Qualified Defense' quoted in Janna Thompson, Apology, Justice, Respect’ in Gibney, above n 9, 34.
11.
CoicardJean MarcJonssonJibecke, ‘Elements of a Road Map for a Politics of Apology’ in Gibney, above n 9, 77.
12.
JamesMatt, ‘Wrestling with the Past: Apologies, Quasi-apologies and non-Apologies in Canada’ in Gibney, above n 9, 138. The apologies James has judged against the five criteria included an apology to Japanese Canadians for their internment and treatment during WW II in September 1988; and a ‘Statement of Reconciliation’ to Canada's Aboriginal peoples in January 1998. The paper was written before the Harper apology was delivered in June 2008.
13.
See, eg, FreemanMichael, ‘Historical Injustice and Liberal Political Theory’ in Gibney, above n 9 45; and CoicaudJonsson, above n 11, 80.
14.
CoicaudJonsson, above n 11, 79.
15.
Apology, 167.
16.
NelsonBrendan, Apology to Australia's Indigenous Peoples'Hansard, 13 February 2008, 173.
17.
Pablo deGreiff, The Place of Apologies in National Reconciliation Processes' in Gibney, above n 9, 27. The State's vulnerability must, of course, be kept in perspective. The power imbalance between the State and Aboriginal people is far greater than between individuals, no matter what the status of their relationship, and the apology can only be directed to altering the balance of power in a peripheral way.
18.
Apology, 170.
19.
Apology, 167.
20.
Apology, 170.
21.
Apology, 170.
22.
LazareAaron, ‘Go Ahead, Say You're Sorry’ (1995) 23 (1) Psychology Today42; see also Lazare, On Apology (2004), 52.
23.
See, eg, ReynoldsHenry, Aboriginal Sovereignty: Refections on race, state and nation (1996).
24.
BehrendtLarissa, Achieving Social Justice (2003) 96. See also, BrennanSeanGunnBrendaWilliamsGeorge, ‘Sovereignty and its Relevance to Treaty-Making between Indigenous Peoples and Australian Governments’ (2004) 26Sydney Law Review307.
25.
MacCormickNeil, ‘Beyond the Sovereign State’ (1993) 56Modern Law Review1, 9.
26.
See, eg, DodsonPatrick, ‘Lingiari: Until the Chains are Broken’, in GrattanMichelle (ed), Reconciliation: Essays on Australian Reconciliation, 269; Behrendt, above n 24.
27.
See generally, BrennanSean, Treaty (2005); Behrendt, above n 24.
28.
On apologies to the Maori in New Zealand, see generally, GibbsMeredith, ‘Apology and Reconciliation in New Zealand's Treaty of Waitangi Settlement Process’ in Gibney, above n 9 154–170.