National Anti-Racism Secretariat
Race Discrimination Team
Australian Human Rights Commission
[email protected]
Via email
Dear Dr Szoke
Thank you for the opportunity to comment on the National Anti-Racism Partnership and
Strategy Discussion Paper 2012. I also welcome the Australia Government’s multicultural
policy, ‘The People of Australia’ and its prioritisation of a culturally diverse and socially
cohesive nation.
This submission can be made publicly available by the Secretariat and I will publish a copy
on our ACT website.
Consultation
I congratulate you on the wide consultation you have undertaken in seeking feedback on
developing a National Anti-Racism Policy, and on the work to date in consulting with the
multicultural and Aboriginal and Torres Strait Islander communities through the National
Race Relations Roundtable. Committing in the Strategy to the continuation of the
Roundtable may consolidate this work further.
ACT Experience
For your information, the ACT Government recently launched its ‘Multicultural Strategy
2010-2013’. Unfortunately, the former ACT Anti-racism strategy, ‘Facing up to Racism 200408’ lapsed in 2008 and the ACT Government has not sought to replace it. I continue to
advocate that the Government develop a new anti-racism strategy particularly through our
annual Race Roundtable. Where appropriate, I have flagged the success of initiatives under
the former ACT strategy.
I note the Discussion Paper refers to the ‘Challenging Racism’ research from the University
of Western Sydney, which found that the ACT tended to have more positive views on
multiculturalism compared to other parts of Australia. Similar, the 2012 General Society
Survey conducted by the Australian Bureau of Statistics released earlier this year asked
respondents if “it’s a good thing for a society to be made up of people from different
cultures”. Nationally, 80% of respondents indicated that they agreed or strongly agreed with
this statement. ACT recorded the highest proportion of positive responses to the statement,
with 87% agreeing.
Level 4, 12 Moore St Canberra City
GPO Box 158 Canberra ACT 2601
Phone: (02) 6205 2222 | TTY: (02) 6205 1666
Facsimile: (02) 6207 1034
Email: [email protected]
Web: www.hrc.act.gov.au
Nonetheless, a letter I recently wrote to the Canberra Times was published regarding my
concern of reports that ACT employers were not hiring International students and overseas
graduates on the basis of their surnames alone.
Under the ACT Discrimination Act 1991 and Human Rights Commission Act 2005, the
Commission received 40 complaints of race discrimination, the second highest attribute
behind disability, and 23% of total complaints received last financial year. That is a
significant increase from previous years, when race has also been the second highest
attribute, but a smaller proportion of previous complaints.1 We also received four
complaints of race vilification (2% of total complaints), which is similar to previous years.
The increase in race discrimination complaints may be due to an increased awareness in the
multicultural and indigenous communities due to new community engagement initiatives
undertaken by the Commission, such as our Reconciliation Action Plan, or may be evidence
of growing racism in the ACT. I am monitoring this trend closely.
Objective 1: Create awareness of racism and how it affects individuals and the broader
community.
1. What can we learn from how Australia has dealt with racism in the past? What
achievements should we build on? What mistakes should we learn from?
2. What information would be useful to include in a campaign to prevent and reduce
racism?
3. How could we better acknowledge the contributions to Australia of Aboriginal and
Torres Strait Islander peoples and culturally and linguistically diverse communities?
Religious Prejudice and Vilification
I note the Discussion Paper’s description of racism, encompassing direct, indirect and
systemic discrimination based on relevant United Nations conventions and the Racial
Discrimination Act 1975. However, I am concerned about the increasingly blurred line
between ‘racism’ and prejudice based on religious conviction. Recently I provided advice to
the ACT Government on a series of highly offensive cartoons distributed in the ACT. They
depicted individuals of Muslim and Christian faith in middle-eastern settings. Nonetheless, I
found the relevant national and international case law meant it was unlikely existing ACT
race vilification laws would render them unlawful, as they incited hatred primarily on the
basis of religious belief rather than race. While I found some supportive material in the
Explanatory Memorandum to the Commonwealth Racial Hatred Act 1994, it was unclear if
Commonwealth law would provide protection for vilification for a person offended by the
cartoons. Thank you for your letter of 26 March 2012 responding to my earlier letter
providing you a copy of this advice.
The complexity of this issue is further evidenced by a complaint I received last financial year.
As reported in our latest Annual Report, a woman alleged that an employee at a large chain
store avoided serving her and was rude and dismissive because the woman wore a
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13% of total complaints in 2009/10 and 12% in 2008-09.
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headscarf. The woman also claimed that the employee made statements about the
woman’s country of origin. The complaint was resolved by the store agreeing to provide a
written apology. The woman’s representative agreed to encourage the Muslim community
to be empowered to raise any discrimination issues by writing to a Muslim national body to
outline the complaint, stating that it had been resolved with the store expressly committing
to provide its services without discrimination. My office was able to handle this complaint
because the ACT Discrimination Act includes the attributes of both race and religious
conviction for unlawful discrimination (but only race, HIV/AIDS status, sexuality and gender
identify for vilification). However, I believe it would have been a more complicated issue had
religious conviction not been protected, as is currently the case at the Federal level.
I note that religious vilification and discrimination were also key issues of discussion at the
recent consultation you held in Canberra.
I accept that you are limited in the actions you can commit to in the Strategy by the existing
Commonwealth laws. Nonetheless, in light of the national consultation on consolidation of
Commonwealth anti-discrimination law, I suggest that an action of the strategy should be to
explore this issue of including religion as a protected attribute under Federal law. This could
ensure that Commonwealth law adequately protects against vilification and discrimination
because of religious conviction.
Other Key Issues Faced in the ACT
The Commission hosts an annual Race Relations Roundtable, similar to the Commonwealth
Race Roundtable chaired by you. Last year, the Roundtable engaged with key stakeholders
in the ACT multicultural and Aboriginal and Torres Strait Islander communities who stated
that they had not ever been jointly consulted, and welcomed the opportunity. A wide range
of non-government organisations were represented at the Roundtable, including service
providers, cultural organisations and education providers. At the Roundtable each
participant briefly outlined where and how racism is manifesting in the ACT. Common
themes raised included concerns about:
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Racism in schools which presents as bullying - many participants confirmed this is a
serious problem which appears not to be handled well inside and outside school
hours;
Racism in seeking employment - qualified people are being excluded in recruitment
processes based on ‘non-Western’ sounding surnames;
Exclusion in the workplace - individuals from diverse cultural backgrounds feel
isolated at work and can be treated as a token ‘representative’ of a particular
culture;
Exhaustion - many leaders of multi-cultural organisations said that they expend a
great deal of energy countering negative media depictions of their community;
Historical lack of national leadership to counter racism for example during the
prominence of One Nation; and
Awareness – many participants felt that racism is often not intentional, but the result
of ignorance, reliance on stereotypes and negative media.
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The discussion also considered suggestions for practical and meaningful community
projects, including:
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A stronger focus on languages other than English in schools;
A leadership program for young woman in partnership with multicultural
organisations;
Adapting Victoria’s Anti-gang campaign for Indigenous and Sudanese young people
in the ACT;
Conducting training for the community on the UN Declaration on the Rights of
Indigenous Peoples;
Including interpreters’ telephone contact details on teachers’ ID cards;
Appointing anti-racism ambassadors at schools;
Organising a ‘harmony bus trip’ to bring various faith groups together for activities
around Canberra; and
Adopting a ‘Citizens of Humanity’ project.
A copy of the outcomes is available on our website.
Aboriginal and Torres Strait Islander Communities
In our Submission to the Constitutional Recognition of Aboriginal and Torres Strait Islander
Peoples, we noted the importance of hearing from those communities about their views on
the best forms of engagement. We highlighted, based on the consultation notes, the
particular requests from Aboriginal and Torres Strait Islander communities. I note in
particular the references to:
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The need to deal with institutional racism;
A preference for the terminology of ‘First Nations’; and
The need for recognition of people’s nations, clans and tribes.
The outcomes of the You, Me, Unity process could also inform this Strategy. In my
submission, I advocated that:
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Section 25 of the Constitution be repealed.
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Section 51(26) be amended to delete the existing text and insert a treaty and
agreement making power as follows:
Delete: the people of any race for whom it is deemed necessary to make special
laws;
Insert: make written agreements or treaties with First Nations people; Aboriginal or
Torres Strait Islanders;
OR amend 51(26) to include agreement and treaty making power.
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Insert a new head of power as section 51(40) which guarantees non-discrimination
and racial equality for all Australians.
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Insert a preamble which includes the following aspects:
o Honouring ongoing cultures of First Nations people,
o Recognising continued custodianship of the land by First Nations people; and
o Respecting the laws of the First Nations people.
Objective 2: Identify, promote and build on good practice initiatives to prevent and reduce
racism
4. What are the priority areas in which we should be addressing racism (for example:
employment, education, sport, the media, cyber-racism?)
5. What measures should governments at all levels take to address racism?
6. What role can business, the arts, sporting organisations, community groups, service
organisations and the media play in addressing racism?
7. How can we involve young people in addressing racism?
8. Can you give examples of strategies that you have seen used or been part of that
have been successful in preventing or reducing racism? Why were they effective?
9. What tools or resources do we have at the community level which could be better
utilised in the fight against racism?
10. How could these experiences be shared to help promote good practice? (For
example: a best practice website, clearing house, seeding funding for pilot programs,
changing criteria for Government grants programs?)
Objective 3: Empower communities and individuals to take action to prevent and reduce
racism and seek redress when it occurs
11. What strategies or approaches can be used to help individuals and communities who
experience racism to speak up or take action? If you have experienced racism,
what would have helped you to speak up or take action?
12. What strategies or approaches can be used to help bystanders address racism where
and when it occurs?
My answers to these questions are primarily informed by the success of work undertaken in
the ACT.
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Schools
As detailed above, a key issue raised at last year’s ACT Race Relations Roundtable was
bullying in schools. I have been liaising with the ACT Department of Education on measures
in schools to address racist bullying in conjunction with the ACT Children and Young People
Commissioner, Alasdair Roy. I am continuing that work and believe similar actions in the
National Anti-racism Strategy would be beneficial.
I am aware that human rights agencies are already involved in the development of the new
national curriculum, and would support this work to continue and include a focus on antiracism and multiculturalism. This was also an action under the former ACT Anti-Racism
Strategy.
Research and Evaluation
This year’s ACT Roundtable will feature the launch of a short report on the experiences of
Jewish children and young people with discriminatory behaviour in schools, and options for
responding to such behaviour. The Report, funded by an ACT multicultural grant, will be
presented by Professor Kim Rubenstein, President of the ACT Jewish Community. Engaging
and funding such research in the Strategy I think would be useful at both identifying issues
and solutions, and tracking progress of the implementation of the Strategy.
Sport
The ACT Commission is currently working with other stakeholders to develop a Football
United trial in the ACT. Football United began in Sydney and seeks to provide soccer training
and development opportunities for female refugee and migrant children and young people
in ACT enabling them to learn skills which will better facilitate their integration into the
Canberra community, while achieving positive health and well-being outcomes. This
initiative will complement the excellent national work already undertaken by the Play by the
Rules partnership.
Asylum Seekers/Refugees
In addition to representations made at the Roundtable, I have received complaints from
refugees, asylum seekers and advocacy groups about unlawful discrimination. For example,
as reported in our last Annual Report, a man representing an advocacy organisation alleged
that a large national accommodation provider refused to accept a booking for his clients
because he identified them as refugees. The man alleges he was told that the national
organisation had a policy not to provide accommodation to refugees. In conciliation, the
provider agreed to engage an anti-discrimination expert to assist it to develop a quality
assurance process to regularly check that its policies and practices are non-discriminatory
and introduce a specific anti-discrimination policy. The provider also agreed to include a
module on anti-discrimination in its e-learning training and to ensure at least one senior
employee in its central office is trained in anti-discrimination law, on the basis of a train-thetrainer model for all staff.
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The discrimination faced by refugees and asylum seekers continues to be a matter of
concern in the ACT. I support the work of the ACT Government in developing an Asylum
Seeker Access Card. The card provides access to a range of ACT Government services
including health, education, transport and housing. Many of the measures taken by ACT
Government agencies have been to address systematic discrimination by Commonwealth
agencies. For example, the lack of access for asylum seekers to Medicare resulted in the ACT
Government agreeing to pay for asylum seekers to access ACT Health services.
I also understand State and Territory Governments have agreements in place with the
Commonwealth regarding the charging of fees for International students to attend public
schools. In 2010, I raised concerns with the ACT Department of Education about its
International student policies, which charged for certain new arrivals, including asylum
seekers, to attend ACT Government schools subject to the possibility of fee waivers. I note
that in 2011 the Victorian Equal Opportunity and Human Rights Commission raised similar
concerns. I understand these policies are based on obligations under Commonwealth-State
funding agreements.
I believe a comprehensive audit of Commonwealth Government legislation, policies and
agreements is warranted to address systematic race discrimination, particularly concerning
asylum seekers and refugees. I suggest that this be a priority for the new Strategy.
Languages Policy
The ACT Human Rights Commission contributed last year to the development of an ACT
Languages Policy. The Policy seeks to provide a framework to assist ACT Government
agencies in meeting their obligations according to Federal and ACT laws and the human
rights principles regarding language acquisition and accessibility. We advocated that such a
Policy include strong guidelines for ACT Government agencies on the use of interpreters and
translators, and to provide incentives, such as a ‘Language Bonus’ to maintain bilingual staff.
We also suggested government support for the delivery of flexible and appropriately
tailored English language tuition, for example home or centre-based learning, evening or
daytime (with provision for childcare), and internet-based learning with support.
At the national level, such a policy could specify how Government material is translated into
multiple languages and formally recognise Aboriginal and Torres Strait Islander languages,
including promoting awareness and understanding of those languages in local areas.
If one does not already exist, a Commonwealth Languages Policy could be a priority for the
strategy.
Cross-Cultural Awareness Training and Welcome to Country
An additional measure we supported in the development of the ACT Languages Policy was
cross cultural awareness training for government employees. Such training is particularly
critical for frontline services staff dealing with serious or significant matters, for example
custodial officers, health service providers, and police officers. This was also a key action of
the former ACT Anti-Racism strategy.
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I think including such training would also be a useful action item, at least for Commonwealth
public servants in the Strategy. It might also be linked to Federal Human Rights Framework
training.
I understand that many Commonwealth agencies seek to acknowledge country when
speaking, and will engage local elders for Welcome to Country at significant events such as
the opening of Federal Parliament. I am unaware if there is a Commonwealth Government
policy on these activities. The former ACT Anti-Racism Strategy sought to formalise such
arrangements.
This Strategy might include a formal commitment from the Commonwealth on how and
when it will acknowledge and welcome country. This would send a positive message to the
community regarding the importance of Aboriginal and Torres Strait Islander culture.
Awards
The former ACT Government Anti-Racism Strategy included the development of the Chief
Minister’s Awards for Excellence in Multicultural Affairs, which includes recognising
excellence in promoting and protecting human rights and/or promoting inclusiveness in the
community. I think there would be value in developing a similar awards program at the
national level, in addition to the Commission’s Annual HR Awards on 10 December each
year.
Respect, Equity and Diversity Framework
Arising from the former Anti-Racism Strategy, the ACT Government has developed a
‘Respect, Equity and Diversity Framework’. The Framework seeks to create a respectful and
positive work culture for the ACTPS, and ensure that all ACTPS employees, irrespective of
their position, background or individual differences model the ACTPS values and general
obligations of employees. Employment strategies for Aboriginal and Torres Strait Islander
employees, and employees with disabilities have also been developed as part of the
Strategy. My office has participated in training ACTPS staff on respect, equity, diversity, antidiscrimination and preventing harassment and bullying as part of the Framework.
I am unsure if a similar framework exists at the Commonwealth level, but this would also be
a worthwhile action for the Strategy, as part of implementing the Federal Human Rights
Framework, for example the proposal to include human rights in the Australian Public
Service Values.
Media
A frequent discussion item at the recent Canberra consultation for the strategy was the
attitude to the media regarding multiculturalism and racism. Obviously addressing extreme
behaviour utilising reformed vilification laws, particularly regarding religious vilification as
detailed above, is important. For example, in advice I provided the ACT Legislative Assembly
and copied to your predecessor, Graeme Innes, I noted that the broadcast of ‘Smithy’s
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Mystery’ segment on ACT radio in 2011 regarding asylum seekers was offensive, but did not
satisfy the high test for incitement under ACT vilification law. However, such measures must
be supported by other actions to encourage positive behaviour.
The Commonwealth should invest in a communications and advertising strategy to
emphasise the benefits of an inclusive multicultural society as part of the Strategy.
In addition, the former ACT Anti-Racism Strategy included the following action items for the
ACT Chief Minister’s Department to investigate and provide advice on:
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development of cultural awareness programs and code of conduct for media outlets;
provision of media training for key community leaders;
explore ways to encourage media outlets to use presenters from Aboriginal and
Torres Strait Islander and culturally diverse backgrounds; and
proactively publicity campaigns to counter violence and discrimination against
certain groups.
I believe actions of this kind would be beneficial in the new Commonwealth Strategy.
I note the reference in the Discussion Paper to targeted grants and the wide range of grants
already available from Commonwealth agencies, such as:
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The new Australian Multicultural Council’s program created under the Multicultural
Policy;
The Diversity and Social Cohesion grants for art administered by the Department of
Immigration and Citizenship;
Funding from the Australian Sports Commission for multicultural and Indigenous
sport; and
Federal Office for Sports Indigenous funding.
I support the Commonwealth continuing to provide such funding, including for pilot
projects, and on-going funding for the community to undertake actions supporting
multiculturalism. Related to this, the former ACT Anti-Racism Strategy also included an
action to fund multicultural community radio to broadcast information about community
services in a range of community languages. I believe this measure should be considered as
part of the provision of any grants program in the Anti-Racism Strategy.
Such funding could also encourage positive media messages by funding events to be held on
key dates of significance such as Harmony Day, Refugee Week and significant days for
particular cultural groups. I note that already the Australian Multicultural Council has been
tasked with some of this work.
Reconciliation Action Plan
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I note that a number of Commonwealth Government agencies have already entered into
Reconciliation Action Plans (RAPs). The Commission launched our inaugural RAP on 1 July
2011 and have found it a very worthwhile experience in engaging and supporting our local
Aboriginal and Torres Strait Islander community. I would support the Strategy formally
committing Commonwealth Government agencies to develop RAPs.
Courage to Care
In relation to initiatives to encourage bystanders to address racism, I opened the ‘Courage
to Care’ exhibition at the National Museum of Democracy in February this year. The
Exhibition aims to inform and educate Australians of the dangers of prejudice and
discrimination. It educates visitors, in particular students, towards an understanding of the
roles of victim, perpetrator and bystander by exposing them to true stories survivors of the
Holocaust and their rescuers.
Partnership
I endorse the Partnership approach included in the Discussion Paper, which lists a number
of Commonwealth Government agencies and non-government organisations as partners. I
suggest that consideration could also be given to including the Australian Council of Human
Rights Agencies (ACHRA) as a formal partner, given ACHRA’s broad expertise drawn from
the local experiences of each State and Territory anti-discrimination agency.
Thank you for the opportunity to comment on the development of this Strategy.
Yours sincerely
Dr Helen Watchirs OAM
Human Rights and Discrimination Commissioner
31 July 2017
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