Moving beyond tolerance
towards the elimination of racial discrimination in Australia
Dr
William Jonas
Introduction
The
World Conference Against Racism in Durban last September was an inter-governmental
conference but one in which the active participation of civil society,
anti-racism NGOs and national human rights institutions was strongly
encouraged. Governments were requested to consult widely as they prepared
for the Conference and national human rights institutions and NGOs addressed
the conference plenary.
With
financial support from the Office of the UN High Commissioner for Human
Rights Mrs Mary Robinson, HREOC undertook preparatory consultations
commencing with a national summit and a youth summit in Canberra in
May 2001 and then moving around the country in 26 local consultations
and focus groups over the next 2 months. We also received 42 written
submissions.
The
records of our consultations have been posted on our website and summarised
in the small yellow booklet titled "I
want respect and equality": A Summary of Consultations with Civil
Society on Racism in Australia.
That
booklet was widely and I think mischievously misrepresented by some
media as a report which put forward HREOC recommendations. The Daily
Telegraph editorialised, under the title "Democratic freedoms
threatened", against a "sweeping media code of conduct to
prevent racial prejudice", supposedly put forward by me. [1] Columnist Piers Ackerman wrote that I had "apparently relied on
material solicited from people who believe they are owed positions of
power and responsibility in society because of the colour of their skin,
their gender, or their particular language or choice of clothing". [2]
In
one sense this national conference on racism is the culmination of the
World Conference process for Australia and I would like to spend some
time highlighting the key findings and proposals which have emerged
in all of our consultations to date: the national consultations last
year, the World Conference itself and this national conference. What
have we learned about the nature of racism in Australia and about strategies
for combating it?
The causes
and manifestations of racism in Australia
I
concluded at the close of my consultations last year that racially discriminatory
practices are widespread, institutional in nature and practiced at all
levels of society. Every community consultation identified the Indigenous
people of Australia as those worst affected by racism. One Indigenous
woman told us:
"We
just live with racism every day. It's like getting up, washing your
face and having a cup of tea."
Of
course the damage done by racism is incalculably worse than that somewhat
resigned comment might suggest.
The
legacy of colonialism was identified as the main cause and source of
racism in contemporary Australia, particularly as it affects Indigenous
people.
Colonisation
is an inherently racist process. In Australia it involved land theft,
massacres, destruction of religious sites, denial of citizenship, forcible
removal of families from their lands and of children from their families,
enforced 'assimilation' and many other destructive policies and practices.
Andrew Jakubowicz argued yesterday that in fact the colonisation process
is still going on and even amounts to low level warfare against Indigenous
peoples. Winsome Matthews reminded us that the process has dislocated
Indigenous people from their spiritual and cultural identity and Monica
Morgan detailed how the Yorta Yorta native title claim failed because
the claimants could not establish to the satisfaction of a Federal Court
judge that they had not been dislocated from their spiritual
and cultural identity and ties with their lands. The dispossession is
repeated.
Until
there is genuine and effective reconciliation which redresses all the
crimes committed against Indigenous peoples and is permeated with understanding
and respect for Indigenous peoples' rights, there is simply no chance
for Australia to overcome racism against them.
In
our regional consultations British colonisation was also seen as having
created public institutions which are very resistant to accommodating
cultural diversity. They are outstandingly monocultural and therefore
less accessible and of less service to non-British Australians.
During
last year's national consultations, the education system was often cited
in this context: the school system was seen as a product of a specific
cultural model, one unresponsive to cultural differences in learning
and teaching. Many participants identified the limited resources provided
for teaching English as a Second Language and for the maintenance of
other community languages as discrimination which affects both Indigenous
and non Indigenous communities.
Other
causes of racism in Australia identified during the national consultations
last year included
-
widespread
ignorance about other cultures - and we can add about some religions
in light of reactions here to Muslims in the wake of the September
terrorist attacks on the United States
-
fear
and isolationism in difficult economic times and
-
a
fierce resistance among those who currently wield power to the idea
of sharing it.
During
the middle of last year we were perhaps discussing largely hidden and
subtle causes of racism. From the Tampa crisis onwards, however, it
has emerged just how close to the surface Australian racism and xenophobia
really are making 'playing the race card' so easy for the Coalition
and so tempting for the Opposition.
There
has been general agreement at this national conference that "Australia
is a racialised country" [3] and that "Australian
society is polarised". [4]
Australia
has failed to tackle adequately structural discrimination in the labour
market. Indigenous people are still largely excluded and people from
some non-English speaking background communities still experience high
unemployment with the persistence of labour market segmentation along
ethnic and gender lines.
We
have also singularly failed to reduce Indigenous over-representation
in prisons. Although we can celebrate Territory Labor's qualified repeal
of mandatory sentencing, today we witness increasing numbers of local
government councils passing bylaws that will inevitably increase Indigenous
people's acrimonious contacts with police and, in some cases, private
security agents and council enforcement officers with the added risk
of additional incarceration as a result.
Strategies
to combat racism and racial discrimination - what we know
It
is clear from this brief recital of just some of the findings about
the causes and contemporary manifestations of racism, that strategies
to combat it need to be highly calibrated to the subtleties of institutionalised,
systemic, discrimination and multi-faceted to confront racism head-on
in each sector, even each locality, where it is found.
National
Australia Bank-funded research conducted for the Human Rights Council
of Australia has confirmed that community human rights awareness raising
campaigns need to be locally driven and responsive to the local environment.
One
local environment with which we need to work is the school. The Durban
Declaration recognised the significance of education as both cause of
racism and potential solution. The conference recognised:
…
that education at all levels and all ages, including within the family,
in particular human rights education, is a key to changing attitudes
and behaviour based on racism [and] xenophobia and to promoting tolerance
and respect for diversity in societies
The
conference also affirmed:
…
that such education is a determining factor in the promotion, dissemination
and protection of the democratic values of justice and equity, which
are essential to prevent and combat the spread of racism …; [5]
Participants
in our consultations last year argued that the lack of adequate and
appropriate representations of Indigenous and immigrant history and
experiences within education curricula is an expression of racism and
a cause of further racism based on ignorance. There was a significant
consensus in favour of fundamental change reflecting cultural, religious
and linguistic diversity in school curricula, assessment tools, teaching
styles and family engagement. This will require a very significant cultural
shift over a period of time. It is not time yet to rest on our laurels
about those initiatives which have occurred, however important they
have been, such as the employment of Indigenous education workers and
the introduction of some cross-cultural awareness training for both
teachers and students.
One
of the recommendations arising from the consultations was that:
State
and territory education departments evaluate and, where necessary, rewrite
existing school curricula to ensure that they recognise Indigenous history
and the struggles and impacts associated with colonisation, as well
as the important role of migration and the contribution of migrants
in our nation's development. Such review and rewriting must take place
in consultation with Indigenous and migrant communities. The content
of these curricula should become compulsory for all students. [6]
The
World Conference Against Racism was also very much alive to the contribution
to racism of lies about history with the conference emphasising:
…
the importance and necessity of teaching about the facts and truth of
the history of humankind from antiquity to the recent past, as well
as of teaching about the facts and truth of the history, causes, nature
and consequences of racism, racial discrimination, xenophobia and related
intolerance, with a view to achieving a comprehensive and objective
cognizance of the tragedies of the past; [7]
Teachers
and other public officials must be aware of their human rights obligations
and accountable for them. The power they wield may not be quite the
power of life and death in Australia today, but it is certainly a power
to affect survival, well-being and social inclusion and cohesion.
The
national consultations also identified a more diverse public workforce
as critical to change and recommended recruitment strategies, leadership
programs and appropriate training to enhance the representation of Indigenous
people and minority groups in public sector employment, the judiciary,
education and parliament. [8]
Key
public influencers must also be encouraged if not required to act responsibly.
The World Conference recognised "that the media should represent
the diversity of a multicultural society and play a role in fighting
racism". [9] The Conference emphasised "the
importance of recognizing the value of cultural diversity and of putting
in place concrete measures to encourage the access of marginalised communities
to the mainstream and alternative media through, inter alia, the presentation
of programmes that reflect their cultures and languages". [10] The Conference also called for
Media
to develop of a voluntary ethical code of conduct and self regulatory
measures, and of policies and practices aimed at:
(a)
Combating racism
(b) Promoting a fair representation of social diversity
(c) Combating the dissemination of racial hatred
(d) Promoting respect among all peoples and
(e) Avoiding stereotyping. [11]
Participants
in HREOC's national consultations also called for a media code of conduct
with effective monitoring mechanisms including community representatives
and effective and transparent complaint mechanisms and enforcement provisions. [12]
Media
were also a focus at this national conference. Randa Kattan pointed
out that a public interest defence won't work for media gratuitously
and irrelevantly racialising the issues being reported. Winsome Matthews
suggested the media needs a human rights charter, especially to assist
journalists avoid breaching customary law.
Other
proposals made by conference participants have included
-
the
call by Lillian Holt, Yin Paridis and Amrita Dasvarma that we need
to focus on and analyse whiteness, white racism and white privilege
as the sources of oppression and disadvantage in this country
-
the
call by Jeremy Jones and Randa Kattan for the formation of cross-community
initiatives and coalitions of people of goodwill
-
and
the need to recalibrate anti-racial vilification policy and law identified
by Kath Gelber, Alan Gold and others.
Where to from
here?
As
Australia's Acting Race Discrimination Commissioner, I am committed
to following up the outcomes of my national consultations, the World
Conference Against Racism and this national conference.
Within
my broad statutory functions there is much that I could take on. There
are three critical factors which will be taken into account in our planning
as to where to go from here. The first is the limitations of my budget.
Second is the need to deploy my resources strategically on projects
and programs most likely to bring about change. And third is the importance
of working together with other anti-racism agencies, NGOs and civil
society.
For
the remainder of this year, in ways which are still to be finally planned
out, the Commission will focus on the role and responsibilities of the
media, school education and Indigenous rights. Attention will also be
given to the adequacy of anti-discrimination legislation and complaint
handling practice. One area of specific concern, to be addressed in
collaboration with our State and Territory counterparts, is the utility
of current legislation in addressing systemic discrimination.
I
look forward to your comments on these priority areas and your participation
in our planning and development as well as our implementation of relevant
and necessary projects to promote respect for diversity and equality
for everyone in Australia.
It
remains for me to thank most warmly all participants in this national
conference against racism, speakers and panel chairs most particularly,
to acknowledge the organisational work of HREOC staff and consultants
and to declare the conference closed.
Endnotes:
1.
Wednesday 5 December 2001, page 26.
2. The Daily Telegraph, Thursday 6 December 2001.
3.
Winsome Matthews, Panel 2.
4.
Andrew Markus, Panel 1.
5.
Durban Declaration para 95.
6.
HREOC "I want respect and equality" (2001) Recommendation
14.
7.
Durban Declaration para 98.
8.
HREOC "I want respect and equality" (2001) Recommendations
9 and 10.
9.
Durban Declaration para 88.
10.
Durban Programme of Action para 142.
11.
Durban Programme of Action para 144.
'12.
HREOC "I want respect and equality" (2001) Recommendation
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