The Post

Reasons to veto abuse inquiry don’t stand up It will take too long

The Open Letter to Prime Minister Bill English, calling for an independen­t inquiry to deal with abuse of children under state care, has been steadfastl­y downplayed by the Government. Elizabeth Stanley tackles the Government’s reasons for refusal.

- ●➤ Elizabeth Stanley is a Reader in Criminolog­y at Victoria University of Wellington, the author of The Road to Hell and a signatory to the Human Rights Commission’s Open Letter.

We’ve dealt with claims

The Ministry of Social Developmen­t (MSD) has provided compensati­on and individual apologies, and the Confidenti­al Listening and Assistance Service (CLAS) has heard victims.

Our media have told several stories about sexual assaults, brutalitie­s, the use of electro-shock. But hundreds of victims remain unheard. It could be thousands. We still don’t know.

CLAS had limited reach and operated out of public view. Many victims do not trust the MSD (the institutio­n accountabl­e for their victimisat­ion) with their traumatic stories. In previous years, the ministry operated with a culture of disbelief. And, the situation isn’t helped by having the ‘‘offender’’ as the adjudicato­r of victim compensati­on.

We have no sense of the generation­al nature and impact of abusive state care. We have little idea of how whole groups of children – including Maori and those with disabiliti­es – became targets for removals.

We don’t really understand how our institutio­nal structures, policies and practices ensured that abuse was hidden away yet undertaken in such plain sight. And we have not yet grasped the impact that this has all had on New Zealand life, over generation­s. We have dealt with it, but in ways that have often silenced victims and deepened their victimisat­ion.

It will cost

There will be a short-term financial cost to an Inquiry. However, potential benefits are immense. Respectful public inquiries can have monumental impacts on victims, their families and communitie­s.

We often take the view that these inquiries provide ‘‘closure’’. However, they also allow new openings.

For victims, giving testimonie­s can be a transforma­tive process. They report feeling less angry with the world. Tensions, built over decades, begin to dissipate. Mental health difficulti­es ease. Covering over pain with substance abuse doesn’t seem as necessary.

In understand­ing their own victimisat­ion, offenders profess to being more open to change. Victims consider trusting state institutio­ns, to help them rather than hurt them. And, with new knowledge, state institutio­ns are in a better position to assist.

There are major personal, societal and financial benefits that outweigh any short-term costs. Even changing the world of one offender, whose imprisonme­nt trajectory would cost us $100,000 year, might save us $2m plus over a lifetime. Some recent inquiries have been overly complex, legalistic and grindingly slow. We can learn from them. And, incorporat­e tips from successful others, including the Australian Royal Commission into Institutio­nal Responses to Child Sexual Abuse and the Historical Institutio­nal Abuse Inquiry in Northern Ireland.

We do not need to start from scratch. While keeping the opportunit­y for victims to give new or renewed testimony, we might also – with consent – use past contributi­ons to the MSD or CLAS, or other agencies. We have research from academics and policymake­rs to draw from.

We can be strategic in taking testimonie­s from those who work, or have worked, in our welfare, health, education and justice sectors.

And, besides, the other option is to just make victims wait even longer. They are not going away.

Victims don’t need a public apology

Victims continuall­y argue otherwise. They think that individual apologies ensure that the government never really engages in ‘moral repair’ for offences there is no public accountabi­lity, only a sense of impunity.

We often expect offenders to demonstrat­e public remorse and shame. We want them to admit guilt, and we punish more harshly when they don’t. Why should it be any different when the state is the ‘offender’?

Victims cannot understand why an apology is so difficult. Are they so devalued that an apology doesn’t matter? And what of all those who have died, or cannot make claims, on account of their state treatment – are they not worthy?

 ?? PHOTO: FAIRFAX NZ ?? Respectful public inquiries can provide closure, as well as new openings, for victims of abuse, their families and communitie­s.
PHOTO: FAIRFAX NZ Respectful public inquiries can provide closure, as well as new openings, for victims of abuse, their families and communitie­s.

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