Orange Community Consultation Report
Racism and civil society: A community consultation held at the Apple City International Motor Inn, Orange NSW, on 24 July 2001
Speaker:
Frank Panucci, Acting Director, Race Discrimination Unit, HREOC
Theme 2: Victims of racism, racial discrimination, xenophobia and related intolerance.
Theme 1: Sources, causes, forms and contemporary manifestations of racism, racial discrimination, xenophobia and related intolerance.
Racism exists at all levels of everyday life for Aboriginal people - they are confronted with racism from the day they are born. Migrants are also subjected to racism on a regular basis. Racism is both covert and overt and extends from individual interactions to the structures of society.
Participants made a number of references to the issue of being "stalked" in shops. They told of how as soon as an Aboriginal person walks into a shop the security guards and staff start following them around or keeping them under surveillance. The clear message is that "you are black and therefore you are going to steal". Aboriginal people, no matter their age or gender have their bags regularly checked before they leave a shop.
A representative from the Grace Bros store told the meeting that they knew there was an issue and had started putting all their staff through cultural awareness training. They also had a complaints mechanism in place and people should lodge formal complaints otherwise it is hard for them to know what the problems/issues are. Other participants expressed a positive view of the initiatives undertaken by Grace Bros however they suggested that it was important that the local Aboriginal community be involved in any complaints review process. Also the Aboriginal community representatives offered to work collaboratively with Grace Brothers to develop appropriate complaints mechanisms, review complaints, undertake cross cultural awareness training and develop strategies for dealing with specific security problems with members of the Indigenous communities.
Experiences of racism are also encountered on a regular basis in the provision of services generally for Aboriginal people. They are often left for last and by passed by non-Indigenous people, when they are being seen by a health professional or are attending the hospital.
Another example was that of two women going into shop and ordering food, both Aboriginal, only one "looks" Aboriginal (that is she is darker). Only the "Aboriginal-looking" woman was made to pay for food in advance while the other one was asked to pay after she received her order.
Participants raised the issue of their treatment in banks where Aboriginal people have less access to financial assistance such as loans etc even though they may have better paying jobs than other non-Indigenous people. Cases of where real estate agents had refused to rent properties to Aboriginal people were also raised.
Pubs were also another area where the racist treatment occurred on a regular basis. An example was given of an instance where an Aboriginal man was barred from a pub. He had been involved in a fight with a white man in another part of town - not in the pub - and the Aboriginal man was barred from the pub because the white man drank there. It is regular occurrence that if there is any kind of incident in a pub, and a white and an Aboriginal person are involved, the Aboriginal person will be barred.
Workshop members provided a number of examples in regard to the relationship between Aboriginal people and police and the criminal justice system generally, which included:
- Aboriginal kids
on street being pulled up by police, when at the same time white kids
are racing their cars against each other on the street - posing a much
greater threat to society.
- Regular instances
of police stopping and searching groups of Aboriginal people just because
they are in a group.
- A specific instance
was recounted where an Aboriginal friend of a non-Indigenous person
went to the police to make inquiries about the conditions of an Apprehended
Violence Order. The Aboriginal man was told there was nothing he could
do about his concerns. The non-Indigenous woman went into the police
station and asked the same questions (making up another case) and was
given a range of legal options she could pursue. She then went back
to the police station with her Aboriginal friend and asked the police
why they had been given different information. The police had no answer.
This demonstrates how the police use their power to discriminate against
Aboriginal people and make sure they are denied their legal rights.
- The disproportionately high number of Aboriginal people in the four gaols around Orange - Bathurst, Belconnen, Oberon, and Lithgow - is a clear example of how there is racism in the criminal justice system. This racism is also seen in the way that there are no bus services to the jails and no cheap accommodation for the family members, mainly women and children, that come to Orange to visit their relatives in jail.
Participants discussed subtle manifestations of racism. For example Aboriginal women when they are asked for proof of identity are regularly asked to show their pension card. The assumption being that all Aboriginal women are on a pension or social security benefits - this is a personally debilitating everyday experience of racism.
The school and education system were also sites of racism. According to some of the delegates it was worse now than when they were at school. There are regular examples of when there are incidents at schools involving Aboriginal and non-Aboriginal children invariably the Aboriginal children are punished, suspended or expelled. Often the Aboriginal children are retaliating to racist taunts and remarks but the non-Aboriginal children never seem to be punished for their racism.
One mother told of the experience of her daughter that was told by a teacher "I did not know you were Aboriginal since you are so intelligent." The mother said that she did not take the issue up with the school or the teacher because her daughter has to continue to go to that school and if the matter was taken up she is sure that her daughter would have been victimised - through more subtle means.
There are examples of where Aboriginal students are "streamed towards easier and tailored Aboriginal programs" without any consideration given to their academic record. Also the Aboriginal students are pushed to doing Aboriginal studies courses in the school even though the courses are aimed at educating non-Aboriginal students about Australia's Indigenous cultures and history.
Sport was another area of experiences of racism. Aboriginal people were withdrawing from the local cricket competition because of the level of verbal racism experienced on the field and also the racism in the way players are selected for teams etc.
Delegates also mentioned the issue of the media and how it regularly represents Aboriginal people in a negative fashion. The racism continues even when positive measures are introduced. For example, the police can no longer say that the person charged was an Aboriginal however the papers report that the arrested person is being represented by the "Aboriginal legal service". Which has the same effect of identifying the person as Aboriginal.
One of the participants said that for him that one of the most striking manifestations of racism in Orange is the lack of Aboriginal people in the main street. He said that this was a sign that racism had ensured that Aboriginal people feel not wanted or excluded from the broader community.
Some of the participants expressed how immigrants and refugees suffer racism when they go into shops or go to access services. It was noted that this was worse for immigrants who were black - it seems that skin colour is seen as more threatening than an accent.
The main issue identified by the participants was that of ignorance, which leads to stereotyping of people based on their background.
People feel threatened by Aboriginal people for example because the image they have portrayed to them everyday is one of Aboriginals as criminal, violent, wanting to take back people's land, their young kids up to no good, drunks and social security cheats. They also have an image that refugees and asylum seekers are cheats, queue jumpers and bring their violence with them. Unfortunately these images are also propagated to varying degrees by governments as well as the media.
In terms of causes of racism, the participants raised the issue that the reinforcing of misconceptions can be either ignorance or part of a deliberate strategy. The strategy is to undermine communities and make them scapegoats for issues thus turning blame and fault onto them rather than the people who have the power to make changes. It is about blaming the victims.
The delegates were of the view that a lack of leadership at the Federal political level in addressing racism and the lack of acknowledgement of the negative impact of their policies and public statements- help make acts of racism more legitimate.
Power and the misuse of power were also identified as a key factors underlying racism. This is evident when you consider that the basis of wealth in Australia is land and the understanding that the land was stolen in the first place. It is not only a moral issue but also many would see it as a threat to the power base. It was maintained that the HREOC discussion paper did not adequately cover the issue of the relationship between Aboriginal people and the land and how this is a cause of racism in Australia.
Workshop members were of the view that a cause of racism was the lack of accurate teaching of Australia's black history as this has allowed stereotypes to be perpetuated through the educational system.
Participants saw the over-policing of Aboriginal youth as a factor that contributes to racism. It is part of a cycle whereby Aboriginal youth are pursued until they have a criminal record and then the police can say to the non-Aboriginal community we told you that they are all criminals.
Lack of jobs in the private sector for Aboriginal people was identified as a cause of racism. This limits opportunities for individuals thus perpetuating a cycle of disadvantage. Importantly it also reinforces the stereotype that Aboriginal people do not want to work because they are never seen behind the shop counters or other services.
The workshop also expressed a common view that a factor that contributes to racism is that people are unaware of their rights and therefore perpetrators continue to get way with their racist activities and the cycle of racism continues.
One participant identified that there is an element of racist propaganda in society. We condone inequality in our own societies - even the language of 'disadvantage' divides and justifies divisions.
The importance of the choice of language was eloquently stated by one participant who said: "I don't want to be tolerated. I want to be accepted and respected. I can tolerate a headache, but I can take a tablet and get rid of it."
Participants were of the view that the fundamental historical experience of racism is that Cook used a lie and took the land from Aboriginal people.
It was noted that there needs to be an awareness that Aboriginal people are not all the same. Aboriginal society is a diverse society and we need to be aware of this in initiatives or programs we undertake.
Participants noted popular movements such as the Reconciliation Bridge Walk, local reconciliation groups, etc as positive things that we need to build on.
We also need to build on the positive changes over the last fifty years in the way society accommodates migrants.
The delegates were all of the view that one of the key things we should learn from is that when there is lack of clear leadership from our politicians then it is difficult to address the underlying causes of racism. This then translates into the media in the way they report incidents and create more "fear" stories.
There was also a common view that in the past we have addressed symptoms rather than the real problems or the underlying structural issues. For example, a number of reports have been prepared over the years but the recommendations, which addressed the real issues, have not been implemented. These include the Report into Racist Violence and the Royal Commission into Aboriginal Deaths in Custody.
Participants were also of the view that in the past there had been a culture of blame. We need to overcome this and move towards addressing the past in a concrete manner. Accountability for past actions and racist policies needs to be accepted at the structural level - then we will be able to move forward.
Theme 2: Victims of racism, racial discrimination, xenophobia and related intolerance.
The workshop delegates saw Aboriginal women in particular and Aboriginal people generally as the main victims: since 1788 they have been and still are at the bottom of the chain. They are targeted from the day they are born. There was also a common view that some migrants also are victims of racism.
Many of the participants talked about how being subjected to racism makes them feel "terrible" and how their self esteem and self confidence is eroded away. This means that you are less able to stand up for your rights and be an active participant in the wider community.
The view was expressed that seeing someone act in a racist manner generated a sense that the broader society operated out of ignorance therefore reducing any respect for the society as a whole.
The participants agreed that Indigenous women were subjected to additional issues. As mentioned earlier, an example of this is the assumption that they are all on the pension just because they are Aboriginal women. This "double" discrimination is also reflected in the way Aboriginal women are treated in the court and prison systems - this is even worse if they are pregnant.
A number of the participants raised the issue that often an Aboriginal person with a disability is "dumped" onto the Aboriginal service worker to address their issues. This is a reflection of the way the organisations do not address the issue of how to make services appropriate to the diversity of a community. Thus they reinforce the idea that the main problem for the individual is that they are Aboriginal and not that they have other issues.
Theme 3: Measures of prevention, education and protection aimed at the eradication of racism, racial discrimination, xenophobia and related intolerance at the national, regional and international levels.
The participants were of the unanimous view that public education campaigns should be developed and implemented. There are campaigns that already exist to address other specific social issues. These aim towards gaining social acceptance or changing attitudes and there should be similar ones for addressing racism. The anti-racism programs could focus on issues such as developing acceptance of, sensitivity to, and appropriate services for, our culturally diverse community. There should also be specific campaigns which are targeted at changing the behaviour of particular sectors or addressing the specific issues confronted by particular sectors of society. Campaigns also need to expose racism in its various forms.
There was specific reference made to the need to have specific programs aimed at changing behaviour in the private sector so that it employs more Aboriginal people.
The participants emphasised that the programs need to be sustainable through adequate and on-going resources and based in the local community.
Any programs that may be established need to build on the positive outcomes achieved in recent years through the reconciliation process and multiculturalism. They also need to be inclusive and respectful in dealing with Aboriginal people and people from culturally and linguistically diverse backgrounds. However, it was agreed that the issues confronted by Aboriginal people should not be lost in the multicultural mix.
The school system was another area where concerted activity is necessary. The true history of Aboriginal people needs to be taught in schools. Aboriginal culture and studies should be a compulsory subject in all schools - not named something separate, but simply "Australian history". It should take into account the situation and life of modern Aboriginal people.
Participants agreed that it is necessary that AECG - Aboriginal Education Consultative Group - be supported to implement the Aboriginal education policies in Orange.
Employment opportunities and economic independence for Aboriginal people were also seen as important elements of any programs. There should be affirmative action employment programs put in place, particularly in the private sector. The issue of establishing an independent Aboriginal economy based on land rights and not on the current limited native title process, was seen as crucial to addressing racism. Economic independence will change the power relations within society and the capacity to address structural racism.
Participants identified the need for cultural diversity training for all jobs - similar to that which currently exists for occupational health and safety and customer service training. There was a view that cultural awareness training has certain limits and the training needs to be followed up with monitoring of staff. If they do not perform up to the required standard then disciplinary measures should be put in place.
The media was seen as another key area where initiatives need to be undertaken. Some of the participants suggested that communities, and individuals, need to monitor the media and write to them or complain to them every time there was misinformation or an inappropriate report. It was also important that non-Aboriginal people respond in support of Aboriginal people. Many of the participants recognised that dealing with the more popular or populist media was difficult but we need to use community pressure and the legal frameworks that exist to counteract the negative stories they run.
Participants raised the issue of how we teach young people to "read" different media. For example teachers are trained in how to teach children how to understand (read) violence on television or in other forms of media. Similar training should be given to teachers to address racism and anti-discrimination.
The aim is to have media run positive stories about diverse communities and not just during NAIDOC week.
Legislative frameworks and their implementation were also seen as important measures. There was a common view that you need the legislation to accompany and back up attitudinal change. Legislation does not solve everything, but it is still necessary as a "threat" or means of enforcing compliance.
Participants argued that it was necessary for agencies such as HREOC to develop closer links with local councils, police, and legal and health bodies. Direct local relationships would be more productive in bringing about behavioural change on the ground. There needs to be more programs to promote human rights to the community as a whole, and in particular, programs to inform people of their rights under existing laws. At the same time it was noted that the complaints systems used by HREOC and other agencies need to be made more culturally appropriate, sensitive and responsive.
One participant raised the need for each individual to deal with our own attitudes and anger. The person made reference to the lack of public awareness of, and lack of government commitment to, the UN declaration for a culture of peace and non-violence. The declaration could be used as an opportunity to refocus the way society addresses difficult and divisive issues.
Participants saw the extension of the practice of Aboriginal welcome to country before every meeting as a positive thing which should be built upon.
While participants acknowledged that there had been some positive advancements of addressing racism in schools there is a need to develop programs which address the racism which parents teach their children.
The AFL program of dealing racism in the sport was seen as very positive and should be expanded to other sports.
The example of an
Aboriginal advisory group being set up in Orange which aims to address
issues in the daily life and advocate for people who have been discriminated
against was seen as a positive example and needs to be supported.
Racism and the Internet
The example of the NSW Department of Education - Racism No Way website (www.racismnoway.com.au) was given. It was not clear to the participants how widely it is being used in regional areas but it shows how the Internet can be used in a positive manner.
There was a discussion between trying to filter out access to racist sites and the need for people to sit with their children and look at racist sites and teach them what is wrong with them. There was a view that by just looking at a racist website, gives it one more 'click' on the counter and therefore one more thing to legitimise it.
Acknowledgement and celebration
Aboriginal history, culture and contribution are not acknowledged in many regional areas.
An example was given of how a media presenter refused to accept criticism of his inappropriate and disrespectful calling of an Islamic chador, a scarf. He said that he would call it whatever he wants because this is his country. This shows we do not acknowledge and celebrate our diversity.
On the positive side, one participant described the Maronirra Healing Quilt, a project in nearby Bathurst. The quilt had been made by a large number of people in the community as a continuation of the positive approach to reconciliation demonstrated by the Bridge Walks. When the quilt was completed it was presented to the local Aboriginal Lands Council as an act of reconciliation. The quilt is now part of the travelling Federation Exhibition. It was seen as an example of individuals and communities taking on the challenge to address racism in their immediate environment.
Theme 4: Provision of effective remedies, recourse, redress, [compensatory] [1] and other measures at the national, regional and international levels.
Many participants agreed that the legal system is very intimidating for many people. This is both in the court process and in the flack it can bring on a person from the community. It was suggested there should be a third party who can prosecute breaches, rather than it being left to the person who has been "sat on" to fight their way up through it.
An example was given of the television program Beauty and the Beast - where the comment was made "All blacks are bludgers". The question was raised if there were any effective remedies available to a black person who is offended by such general comments. It was noted that the media themselves run freedom of speech arguments very vigorously when they are questioned but they try and silence critics and give them no space to reply.
Participants noted that we are still governed by laws based on English tradition and we need to look at how appropriate this is for Australia in 2001.
Participants were of the view that the adequacy of current discrimination laws should be compared with break and enter laws. Acts of racial discrimination can have a lasting overall impact on the victim - material and monetary, but also there is a psychological and emotional cost. Racism and racial discrimination is a crime and should be treated accordingly. The concept of zero tolerance needs to be applied to areas of discrimination as well.
An example of discrimination that needs to be addressed in the law is that of Aboriginal prisoners being moved around the state - away from family and the land. This is in direct contrast to the recommendations of the Royal Commission into Aboriginal Deaths in Custody.
Some of the participants raised the issue that if discrimination laws were based on criminal sanctions and the police could prosecute, then Aboriginal people would not feel comfortable taking an allegation to the police, particularly given the widespread problems Aboriginal people have with police themselves, their treatment of Aboriginal youth, differential policing, etc. It was proposed that it would need to be some other body independent of the police - such as a prosecuting arm for HREOC.
Participants agreed that public education was the key to social change, however there also needs to be punishment through the legal system.
There was a common view that the racism and racial discrimination laws should be seen as part of the necessary "teeth" to achieve social justice and equality of outcomes. It was proposed that a "Treaty" would be a most significant law to address the underlying causes of racism confronted by Indigenous peoples.
Other measures to ensure effective remedies
Participants were of the view that more work needs to be done to make people aware of their rights. There are a lot of laws and systems out there, but people don't know they are in place. There also needs to be more support for people who wish to take up a complaint because many are put off by the personal, financial and emotional and community consequences of making a formal complaint.
Theme 5: Strategies to achieve full and effective equality, including international cooperation and enhancement of the United Nations and other international mechanisms in combating racism, racial discrimination, xenophobia and related intolerance, and follow-up.
Globalisation for many people is a scapegoat to justify racist attitudes. The argument should go the other way - we should be opening up to global diversity.
Some participants were of the view that globalisation is affecting our experience of living and how we treat people coming into Australia. We are now more inclined to see immigrants as taking something away from us, rather than bringing something with them.
Participants were of the view that it was in the government's political interests to have various groups working against each other - white/blue collar, immigrant/Australian born. Thus it was difficult to see how any safeguards could be put in place until the governments of the day changed their own attitudes.
The participants agreed that they were appalled at how Australia is treating asylum seekers, treating them as criminals, in contravention of international standards. They view the public debate surrounding asylum seekers "as basically an education campaign in how to hate people who come from outside the country". If this is the way Australia treats its international obligations it is difficult to see what we can contribute at the international level.
Recommendations
1. Institute affirmative action employment programs for Aboriginal people in the private sector.
2. Human rights should be a formal part of the compulsory school and tertiary education curricula.
3. Black history taught as an integrated part of Australia's history.
4. Racial discrimination legislation needs to be changed to introduce criminal sanctions and to allow for third party prosecutions.
5. A Treaty should be negotiated with Indigenous peoples.
6. Cultural awareness training should be a requirement for all employees in the public and private sector.
7. That the correctional system be changed to stop the practice of moving Aboriginal prisoners around the state and away from their families and land.
1. Note: The word compensatory was in brackets as there was no consensus among governments to include it under this theme.
