4/29/2014

ECCWA

PROPOSED REFORMS TO RACIAL DISCRIMINATION ACT 1975: A SUBMISSION

TO THE ATTORNEY GENERAL

The photograph on the cover page Erasmus Henry Ethnic Communities Council of Western Australia (ECCWA) Inc. 20 View Street, North Perth, 6006 www.facebook.com/ECCWA, www.eccwa.org.au @eccwa, eccwa.info@gmail.com

West Australian Context:

The cultural and ethnic diversity in Western Australia (WA) is far greater than other states and territories in the Commonwealth of Australia. According to 2011 Census, WA had the highest proportion of population born overseas (31%) compared to national figure (26%). Perth also has the highest proportion of overseas-born (35%) of all Australian Capital cities The State received a larger proportion of skilled migrants compared with the national average (59%). WA is considered to be the preferred destination for skilled migrants and has received almost one quarter (22%) of Australias skilled visa holders.1

Ethnic Communities Council of Western Australia Inc.

The Ethnic Communities Council of Western Australia (ECCWA) is the State's peak body for ethnic organisations having advocated for universal multicultural policy and practices that reflected our plural democratic society to be adopted by all levels of Australian government for more than three decades. We believe in a fair and just society; one in which all people are encouraged to participate fully in the life of the community and are supported to reach their full potential, where diversity is valued and people live in harmony. We have consulted our member organisations within Western Australia, sister organisations across Australia as well as attended discussion forums arranged by other community organisations and leaders to receive feedback on the proposed reforms in the existing Racial Discrimination Act (RDA). The general observations during these meetings/discussions were that; a. The RDA has been a milestone in Australian democracy and worked well for 19 years under both ALP and Coalition governments. b. The existing act protects minorities from being abused, insulted, harassed, intimidated etc. on racial grounds without curtailing informed public debate on race related matters. c. The Commonwealth of Australia has an obligation to do all it can to ensure the voices of ethnic, indigenous and other minorities are heard not lost. d. The existing act provides protection from racial abuse/hatred by making it unlawful to commit an act that is reasonably likely to offend, insult, humiliate or intimidate someone because of their race whilst the latter protects free speech, in that it allows comments or actions made in good faith and fair comment if it is an expression of a genuine belief held by the person making the comment."

Cultural Diversity in Western Australia: a demographic profile. A publication of Office of Multicultural Interests available online http://www.omi.wa.gov.au/resources/publications/info_sheets/Cultural_Diversity_2013.pdf

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Specific Observations:
a. The proposed amendment to remove offend, insult and humiliate is not accepted and the term intimidate with new addition of term vilify are ill-defined. b. Intimidate is defined as causing fear of physical harm and there is ample evidence substantiated through original research conducted in Australia and other countries which proves that Racism is a STRESSOR contributing to health issues. (Attachment B). c. The proposed amendment that where an act is reasonably likely to intimidate or vilify is determined by the standards of an ordinary reasonable member of the Australian Community does not take into account the cultural sensitivity of the indigenous, ethnic and migrant communities in Australia and will seriously undermine the public policy of multiculturalism that Australia takes pride in. d. The introduction of a broad exemption for any act that is done in the course of participating in public discussions of any political, social, cultural, religious, artistic, academic or scientific matter makes it difficult to comprehend any scenarios of racist hate speech that will be considered unlawful if proposed amendments are approved. e. The proposal related to repeal of Section 18E in the existing Act will leave the door open for employees to be offended, insulted, humiliated and/ or intimidated because of their race as there is evidence that most of the cases related to racism are filed against employers.

Conclusion
ECCWA supports Freedom of Speech and believes it is adequately protected under Section 18D. However, this freedom does not occur in a vacuum, but alongside a clear responsibility to the society. Articulated in the most basic level, there is a responsibility to do no harm to others in the society where that freedom is to be exercised. The harm caused to individuals by racial discrimination and bigotry is well documented as mentioned earlier. Additionally, ECCWA contends that increased exposure to bigoted speech in the public domain affects the culture of inclusivity and respect valued by all Australians. It is asserted that the undermining of these cultural values will have a detrimental effect on the strong cross-cultural relationships currently existing within Australian society and the benefits that flow from such collaborative networks.

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