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Race Relations in Contemporary Australia

Presentation to the AGM of the Executive Council of Australian Jewry, Melbourne, Victoria

Race Discrimination Commissioner, Dr Helen Szoke

27 November  2011

Thank you for the opportunity to address this AGM. I am delighted to be here, and of course to take the opportunity to meet you all in my home town of Melbourne.

I would like to begin by acknowledging the traditional owners of the land, the people of the Kulin Nation, and to pay my respect to elders past and present.

Over the past three months, I have had both the luxury and challenge of moving from my general human rights perspective to focus specifically on race and the human rights breaches that result from race. This has been an interesting time. I have left the comfort of a state jurisdiction with a long history of bi-partisan commitment to multiculturalism, a human rights act, a modernised equal opportunity act, and comprehensive vilification legislation, and now contemplate a broader, much more complex canvas with change afoot: the prospect and optimism of a clearly articulated multicultural policy for the nation.

I am in the process of visiting many parts of the country to engage with communities in different settings, of different ages and with different life experiences. I am also taking this time to visit the more remote communities, where the issues that face Aboriginal Australians are stark and challenging and the solutions elusive and disputed.

At times, I am surprised by what I see. At others, I am deeply and disappointingly unsurprised. It gives me great pleasure to share my observations and reflections with this group because the Jewish community in Australia has made a significant contribution to our country’s development and progress, yet still continues to experience discrimination and harassment. This puts your community in a powerful position to advocate for and shape the continued growth and development of multiculturalism, and ensure that existing protections against discrimination and harassment are reinforced and developed.

Today, I will talk to you about a range of facets of race relations in the Australian context.

So let me define my terms.....

What is Multiculturalism

The Oxford English Dictionary offers a broad definition of multiculturalism as the "characteristics of a multicultural society" and "the policy or process whereby the distinctive identities of the cultural groups within such a society are maintained or supported".

But arriving at a single definition of multiculturalism as it applies here, in 21st century Australia, is difficult and almost always coloured by the personal and cultural experiences of the individual. I see multiculturalism from a human rights perspective: as a critical policy framework consistent with human rights principles which promotes understanding, respect and friendship among racial and ethnic groups in Australia and combats the prejudices that lead to racial discrimination.

Former Aboriginal and Torres Strait Islander Social Justice Commissioner Tom Calma described it in these terms:

Multiculturalism is also a set of norms or principles in which the human rights of all are respected, protected and promoted. In particular it resonates with a notion of equality which enables all Australians to participate fully in the social, cultural, economic and political life in Australia irrespective of race, religion, colour, descent or national or ethnic origin.

Finally, multiculturalism, both as policy and ideal, supports the ideals of a democratic society in which every person is free and equal in dignity and rights.[1]

But as I mentioned in my introduction, embedding multiculturalism in the fabric of a society relies on the strength of the yarn with which it is knit. In Australia, that means giving as much regard to the culture, beliefs and rights of the first inhabitants of this country as we do to someone who arrived yesterday. I am continually horrified by how many discussions about social cohesion and multiculturalism overlook the importance of achieving true reconciliation with Aboriginal and Torres Strait Islander peoples. This is vital to achieving a harmonious multicultural society. The current process of considering constitutional reform to recognise our First Nations peoples is a big opportunity for Australia to right a century old wrong, and advance racial equality more broadly.

What do we do about racial equality?

The Jewish community has always played an important role in colonised Australia, and of course in the very formation of the Constitution of Australia. Sir Isaac Alfred Isaacs (1855-1948), was part of those early constitutional debates, and then subsequently led an important role in the early life of federated Australia, filling the roles of governor-general, judge and politician. He and the other delegates who came together in this beautiful city for the Constitutional Convention in 1890’s had their origins in many other parts of the world. But we should not forget that even at this stage of the birth of our Constitution, some groups were notably excluded: for example, Aboriginal Australians and the migrant workers who had come to Australia to benefit from the gold rush of the nineteenth century.

I mention this because, from our 2011 perspective, it’s easy to forget how much of our colonised history comprised multicultural elements, and how these were used and abused, or simply neglected, in our yen for progress. First, we denied our own First Nations people recognition. Then, having been colonised by Europeans, we were settled by people from the Asian continent as the gold mines opened, and people of Muslim faith and of course Jewish faith, in addition to the various iterations of Christianity, who contributed to building our railways, taming our deserts and building our towns and cities. Despite the critical contribution they made to our development, we denied many of these groups recognition. That’s why so few of their stories have made it into the historical narrative of our nationhood.

While the early debate on the formation of a Constitution of Australia brought about an opportunity to enshrine the right to equality firmly in our value system in Australia, this opportunity was lost.

David Marr, in his Human Rights Oration delivered for the Victorian Equal Opportunity and Human Rights Commission in 2010 reflected that the drafting of the Constitution proposed a range of inclusions.

One option was to include:

A guarantee for all time for the citizens of the Commonwealth that they shall be treated according to what we recognise to be the principles of justice and equality.

Marr describes the process in this way: The 42 delegates camped in the Legislative Assembly of the Melbourne parliament growled and sniped for an hour, broke for lunch and came back – clearly in a foul mood – to shred that rights initiative in less than 20 minutes. First went the notion that:

... a state shall not make or enforce any law abridging any privilege or immunity of citizens of the Commonwealth.

Then hacked down was:

... nor shall a state deprive any person of life, liberty, or property without due process of law.

And finally by 23 votes to 19 the delegates ditched

... or deny to any person within its jurisdiction the equal protection of its laws.[2]

This lost opportunity is now history. To some extent, we have since righted this omission with the passage of the discrimination and human rights legislation that has guided our country since the 1970’s. We have also gone some way to righting it by becoming signatories to treaties and conventions at the international level.

So why do I mention these injustices of more than a 100 years standing today? I believe that these snippets of history demonstrate that combating discrimination and promoting equality requires vigilance, attention and constant renovation. They further demonstrate that these processes are often conservatively viewed. And if we need more recent evidence of this fact, we need only reflect on the disappointment that followed the national human rights consultation in 2009, in which a very modest human rights approach for us as a country could not be agreed.

So what does this mean for us? Might we now finally have a real chance to enshrine multiculturalism, promote equality and enhance existing protections from racial discrimination at the systemic and community levels?

I believe we do: there are currently opportunities where all these things are in play and are ready to be influenced.

How do we achieve racial equality?

One opportunity to achieve equality on the basis of race exists within the current process of consultation around constitutional reform. It is an oft forgotten fact that that the Australian Constitution does not recognise Aboriginal and Torres Strait Islander peoples.

In response to this glaring oversight, the Prime Minister has established an Expert Panel to lead a national conversation on constitutional recognition. The Australian Government, the Opposition, the Australian Greens and the Independent members of Parliament all support the recognition of Aboriginal and Torres Strait Islander Australians in the Constitution. My colleague, Social Justice Commissioner Mick Gooda, is part of the Expert Panel which is putting together a discussion paper to help identify processes for how this constitutional reform may be pursued.

Of course the Constitution which underpins our federal laws and institutions can only be changed by the people. This means that it requires a referendum and next year we will see the campaign to develop the case for this change to occur.[3]

But constitutional change is a very hard thing to achieve in this country. An overwhelming majority of referenda put to the Australian people to date have failed. This time, it’s vital that we help people understand that this is an issue for all Australians, not just Aboriginal Australians, just as multiculturalism is an issue for all Australians not just people from culturally different backgrounds.

I commend the strong submission that has been made by the Executive Council of Australian Jewry in support of the constitutional recognition of Australian Aboriginal peoples, and implore you to continue to advocate, wherever possible, for its adoption.

The second opportunity arises in the area of law reform. You are all aware that we have in place at the Commonwealth level the Racial Discrimination Act 1975.
The Racial Discrimination Act 1975 gives effect to Australia's obligations under the International Convention on the Elimination of All Forms of Racial Discrimination. Its major objectives are to:

However, as I have already mentioned, there is no constitutional entrenchment of the principle of non-discrimination in Australia, nor is there a Bill of Rights. This means that the current process of consolidating all of the Commonwealth ‘equality and human rights Acts’, including the Racial Discrimination Act, is an important process that you need to be aware of and have input into.[4]

This process seeks to gather community views on consolidating existing Commonwealth anti-discrimination law into a single Act – a task which is a key component of Australia’s Human Rights Framework.[5] It is an opportunity to ensure that we have the best level of protection against discrimination – on all grounds – that is possible.

When I consider the Jewish community’s particular experience of racial hatred and discrimination, here and abroad, I believe it is critical that you connect with this opportunity to ensure that it does not pass without the best possible protections in future a comprehensive Commonwealth law.

This is one area of lawmaking where personal experience is powerful and highly relevant. I am particularly aware of the experience of many Jewish people, of harassment at best and vilification and violence at worst, in public places. The infamous experience of Menachem Vorcheimer led, through his own tireless advocacy, to the development of changes to Victorian sentencing laws and to a deeper consideration of prejudice motivated crime.

And every visibly different group in our community has a similar tale of harm to tell. The work that the Australian Human Rights Commission has done with African communities,[6] is a case in point, and the African communities claim that their ‘blackness’ is often a barrier to their equal participation in various aspects of public life.

This has also been the experience of the Commission’s work with Muslim communities, where attacks and abuse occur daily in public places and where unconscious bias or institutional barriers prevent equal participation in the daily life of the community.[7]
Clearly, the influence and advocacy of a few – particularly those with a strong and recognisable voice in our community, such as your membership – has the potential to benefit many who are already living among us, and those who have yet to arrive.

I am still in the process of developing the agenda for my role over the next five years, and have much still to consider, but I wanted to use the time today to focus on one aspect of the current debate about multiculturalism which I find quite astonishing.

Many of you will be aware of the Mapping Social Cohesion 2011 report sponsored by the Scanlon Foundation. Its main message – that all indicators demonstrate fragility in our social cohesion – is a critical message for us to hear.

While the report found that a majority of Australians viewed economic growth and the need to replenish an ageing population as a good reason for immigration, there was minimal support for investing in ethnic or migrant communities to ensure that they stay in touch with their cultural heritage. One of the many questions of the Scanlon research asked was whether it was better for immigrants to maintain their distinct customs and traditions.[8] It seems that too many Australians believe that, rather than cultivating this heritage, new arrivals should check their cultural luggage at the door.

To me, this is a deeply unsatisfying one-sided take on identity. Under this model, to be ‘Australian’ requires the denial, rather than the acceptance, of the full spectrum of each person. Yet all who have arrived on these shores – whether in the last twenty, the last two hundred, or the last 20,000 years have brought different experiences, mindsets and customs with them. They did so while still taking advantage of the freedom and opportunities that this new land offered.

We only have to look at the devastation that was wreaked on this nation’s first peoples to understand what happens when language, history and custom is denied – the grief passed down through generations; the tragic loss of strength and self.

Yet, in a disturbing bookend to this proclivity for assimilation, we’ve assumed that Australian identity is an immutable fixture into which new arrivals must also be absorbed – with these individuals and their families adjusting, but the community remaining the same.

This is a theme which is well understood by the Jewish community in Australia, and one that has been explored in your own commissioned research on Jewish continuity and what is needed to protect your identity into the future.[9] As this report, prepared by Professor Andrew Markus, acknowledges:

Jewish Australians have a proud record of achievement, both in their contribution to Australian society and in their ability to nurture a thriving and diverse communal life.[10]

Why then have we not learnt the lessons of the past? Why do many Australians fail to recognise that the continued investment in the retention of these links is in fact an investment for us all? Why can we now finally accept that the 1950s wave of migration enhanced us in ways beyond economic development – in sport, in culture, in culinary pursuits, yet suspiciously deny that possibility to our more newly arrived communities from Africa, Burma, Afghanistan or Sri Lanka?

What is currently happening in this space?

What do we need to do to raise awareness of the value of strong cultural ties, and their nurturing effect on citizenhood, and what barriers are there to achieving this? Happily, for the first time in a decade, we have a national recognition and commitment to multiculturalism.

The People of Australia policy establishes multiculturalism as Australia’s norm, and implicitly recognises that multiculturalism benefits us all. It makes the connection between our investment in excellent settlement services, our recognition of cultural diversity and country origins, and our multi-faith commitments, and the benefits of that investment and commitment to social cohesion, the development of citizenship and the future economic and social success of our pluralistic society.

Once again, I would commend this organisation for its strong advocacy and support for a multicultural policy for Australia.
But we are not talking about change that can be achieved merely at the national policy level. It is change that can only be achieved when it filters through every level of society: through government at all levels, through the public institutions and systems, through smaller cultural, recreational or affinity networks, and on through the individuals that make up our community.

At a systemic level, the Australian Human Rights Commission is leading a partnership to develop a National Strategy to combat racism. The purpose of this strategy is to contribute to building a multicultural Australia where all people, can participate equally and thus contribute equally to the community as a whole.

How, though, might an Anti-Racism Strategy be realised in the grass roots of the community?

Should we ask government to direct existing funding to focus on prevention? Should we raise community awareness of the economic cost of racism, thus making a more pragmatic appeal? Should we utilize social media? Should we call on business to show leadership? Should we invite the media to commit to responsible reporting on issues of race? I’m certainly keen to hear your ideas and suggestions.

But whatever direction we take, we cannot let this particular moment pass. We must harness the opportunity that has been ignited – fuelling it in such a way that it becomes self-propelling, so that we do not lose the spark again. This means garnering support from right across the political spectrum; from business and community leaders; from those in high profile positions of all kinds.

It means encouraging those in leadership when they show strength; it means calling them on it when they don’t.

In thinking about the opportunities and the possibilities of activism for all of us, I am reminded of the comment made by Otto von Bismarck in nineteenth century Europe when he noted:

Laws are like sausages. It's better not to see them being made.

I would dissent from that view. We should be part of this production, so that we can really reassure ourselves about what we’re getting when it lands on the plate.

I know that as I speak to you today there is no need for me to call you to action. The Executive Council of Australian Jewry is there already, knocking at the door of governments, and leading community debate. Rather, I see this as an opportunity to build a relationship and to extend the working relationship I have had with my Victorian colleagues, in order to work for racial equality for all Australians.

And I look forward to doing that with your support, advice, influence and vast experience of all the benefits and challenges of retaining a strong cultural identity while participating fully in the life of this country.

Thank you.

[1] Paper by Tom Calma, Race Discrimination Commissioner, ‘Addressing Racism in Australia: Accentuating the Positive and Eliminating the Negative (But don’t forget about Mr In-Between)’ [paper presented at the Metropolis Conference 2007 by Margaret Donaldson, Director Race Discrimination Unit, Human Rights and equal Opportunity Commission], view at http://www.humanrights.gov.au/about/media/speeches/race/2007/addressing_racism_in_australia.html (viewed 25 November 2011)
[2] David Marr, Belling the Cat, 10th Human Rights Oration, 10 December 2010., audio available at http://www.humanrightscommission.vic.gov.au./index.php?option=com_k2&view=item&id=1247:10th-human-rights-oration-with-david-marr-10-dec-2010&Itemid=3 (viewed 25 November 2011)
[3] The Expert Panel appointed by the Federal Government has established a website providing information about the constitutional reform process: You Me Unity is the national conversation about updating our constitution to recognise Aboriginal and Torres Strait Islander peoples and culture for the benefit of all Australians: see www.youmeunity.org.au (viewed 25 November 2011)
[4] See Commonwealth Attorney General’s Department, Consolidation of Commonwealth anti-discrimination laws, http://www.ag.gov.au/www/agd/agd.nsf/Page/Humanrightsandanti-discrimination_AustraliasHumanRightsFramework_ConsolidationofCommonwealthAnti-DiscriminationLaws (viewed 25 November 2011)
[5] See Commonwealth Attorney General’s Department, Australia's Human Rights Framework, http://www.ag.gov.au/www/agd/agd.nsf/Page/Human_rights_and_anti-discriminationAustralias_Human_Rights_Framework (viewed 25 November 2011)
[6] See Australian Human Rights Commission, African Australians Project: Human rights and social inclusion issues, http://www.humanrights.gov.au/africanaus/index.html (viewed 25 November 2011)
[7] See Australian Human Rights Commission, Ismaﻉ - National consultations on eliminating prejudice against Arab and Muslim Australians, http://www.humanrights.gov.au/racial_discrimination/isma/index.html (viewed 25 November 2011)
[8] Professor Andrew Markus, Mapping Social Cohesion 2011: The Scanlon Foundation Surveys Summary Report 2011, Scanlon Foundation, Australian Multicultural Foundation, Monash University, page, 43. http://arts.monash.edu.au/mapping-population/social-cohesion-report.php (viewed 25 November 2011)
[9] Andrew Markus et al, Jewish Continuity, Report Series on the Gen08 Survey, Report 2, June 2011, http://arts.monash.edu.au/jewish-civilisation/news-and-events/jewish-continuity-report.pdf (viewed 25 November 2011)
[10] Ibid. p. 2