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Combating Racism in Australia

A discussion paper by HREOC for the World Conference Against Racism

As a new century begins, we believe each society needs to ask itself certain questions. Is it sufficiently inclusive? Is it non-discriminatory? Are its norms of behaviour based on the principles enshrined in the Universal Declaration of Human Rights?

Racism, racial discrimination, xenophobia and all kinds of related intolerance have not gone away. We recognize that they persist in the new century and that their persistence is rooted in fear: fear of what is different, fear of the other, fear of the loss of personal security. And while we recognize that human fear is in itself ineradicable, we maintain that its consequences are not...

Extract from the Vision Declaration for the World Conference Against Racism

1. Introduction

The United Nations will hold the World Conference Against Racism, Racial Discrimination, Xenophobia and Related Intolerance (WCAR) in Durban South Africa from 31 August - 7 September 2001.

In its resolution establishing the upcoming World Conference, the General Assembly of the United Nations notes 'with grave concern that, despite the efforts of the international community, the principal objectives of the two previous Decades for Action to Combat Racism and Racial Discrimination have not been attained and that millions of human beings continue to this day to be the victims of varied forms of racism and racial discrimination'.

Racism is on the increase across the globe. No country is immune to this - including Australia. There is an urgent need for consideration of actions to combat racism.

The upcoming WCAR is the first such conference to be held by the United Nations in twenty years. There have been many developments in the fight against racism in that time - ranging from the end of the apartheid system in South Africa at one end of the spectrum to ethnic cleansing in Europe and Africa at the other end.

International attention to racism has also changed in its focus. In previous decades, international action to combat racism has been clearly focused on such evils as apartheid, segregation and nazism. These movements are based on explicit ideologies grounded in the racial superiority of one group over another. While doctrines of racial superiority continue, the way that racism manifests in society today is often more complex and diverse. For example, the denial of human dignity that racisms represent being much less visible in many industrialised nations.

This presents a great challenge for us. The International Council on Human Rights Policy recently expressed concern that the fight against racism today is not as strong as at the time when the international community was united in the fight against these evils. This is not to say that concern about racism does not remain in the public domain. It clearly does - but it remains so less pressingly and in a a less united way.

The need for the World Conference Against Racism is clear. As Mrs Mary Robinson, the United Nations High Commissioner for Human Rights, has stated, 'for the World Conference to be relevant, it must address the changing nature of racism and its causes and confront the complex forms of intolerance and prejudice, which exist in the world today'.

In order for the World Conference to do this, it must reflect on the current and past experiences of different societies and legal systems across the world in combating racism. The governments of the world, in developing an action plan for the future to combat racism, must hear about the success stories as well as about the ongoing difficulties in combating racism.

Australia has much to contribute to this process. While we still have enormous problems of racial discrimination in our society, none greater than the ongoing treatment of Aborigines and Torres Strait Islanders, we also have many successful programs and policies aimed at combating racism. We also have new manifestations of racisms, which need to be identified and addressed. It is in this context that this discussion paper has been prepared by the Race Discrimination Unit at HREOC. It is intended to provide an Australian perspective on strategies to combat racism in a domestic and international context, and to encourage debate about what we do well in the fight against racism as well as to identify where and how we can do better.

This paper also discusses the five themes (set out in section 2) for the World Conference and raises a number of questions about them in order to stimulate debate about the current state of racism in Australian society. These questions will form the basis of discussion at a national summit of civil society in May 2001 and during public consultations being organized across Australia by the Commission in June and July 2001. We are grateful for funding provided by the Office of the High Commissioner for Human Rights to enable HREOC to conduct consultations across Australia about racism and the World Conference.

The outcomes of these consultations will be compiled by the Commission and disseminated widely and will be presented to the Australian government prior to the World Conference.

In order to take into account the widest variety of views possible, this discussion paper is also being widely disseminated in both printed and electronic versions. We encourage people to set up their own meetings to discuss the issues raised in this paper and to submit their views to us. The Commission will reproduce selected submissions on our World Conference website in order to stimulate further discussion. Details of how to submit your views are provided below.

We ask that you not restrict your submission to the points raised in this discussion paper if you feel that key aspects of the issues have been overlooked. You are encouraged to share your perspective on any aspect of racism, racial discrimination, xenophobia and related intolerance that you think is important.

Other documents related to the issues raised by the World Conference are available from the Commission's World Conference website - http://www.humanrights.gov.au/worldconference. This includes links to the key international documents on the World Conference as well as reports and discussion papers on particular issues of racism in Australian society.

We hope that you will participate in this consultation process. We look forward to a constructive debate on the different forms of racism that exist in Australian society, and to identifying further strategies for combating racism both here and abroad.

Acknowledgement: This discussion paper is based on the consultation document prepared by the Department of Canadian Heritage for Canada's consultations for the WCAR. We thank the Canadian government for their permission to use their material.

2. The World Conference Against Racism

In 1997, the United Nations General Assembly (in Resolution 52/111) decided to convene the 3rd World Conference Against Racism, Racial Discrimination, Xenophobia and Related Intolerance (WCAR). The conference will take place in Durban, South Africa from 30 August - 7 September 2001. It is a unique opportunity to create a new world vision for the fight against racism in the twenty-first century.

The conference is being organized to mark the International Year - and the Third Decade - for the Elimination of Racial Discrimination, and reflects growing international concern over the rise in incidents of racism and racist violence across the globe. The UN General Assembly listed the following objectives for the World Conference:

At the first UN Preparatory Committee meeting for the World Conference held in Geneva in May 2000 the following five themes were agreed upon for the World Conference:

  1. Sources, causes, forms and contemporary manifestations of racism, racial discrimination, xenophobia and related intolerance;

  2. Victims of racism, racial discrimination, xenophobia and related intolerance;

  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;

  4. Provision of effective remedies, recourse, redress, [compensatory] and other measures at the national, regional and international levels. (compensatory is in brackets because the Preparatory Committee did not reach agreement on the use of this word);

  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.

These themes form the basis on which issues of racism, racial discrimination, xenophobia and related intolerance will be considered at the World Conference. Section 4 of this paper provides a detailed analysis of each theme in order to stimulate domestic discussions about racism.

There have already been numerous meetings held across the world in preparation for the WCAR. There have been four regional meetings of governments (with non-government organizations also participating) held in Strasbourg (October 2000), Santiago de Chile (December 2000), Dakar (January 2001), and Tehran (February 2001). Each of these meetings has culminated in a regional declaration and programme of action to combat racism. The High Commissioner for Human Rights has also produced a draft declaration and programme of action that takes into account these and numerous other meetings that have been held over the past two years.

These declarations have identified a wide range of issues in relation to the themes of the World Conference. Some of the issues raised to date include:

3. Definitions of racism, racial discrimination, xenophobia and related intolerance

There are no universally accepted definitions of racism, racial discrimination, xenophobia and related intolerance. The definitions provided here draw on current international debates and legal interpretations.

Racism exists in many different forms. Generally, racism is a set of beliefs, often complex, that asserts the natural superiority of one group over another, and which is often used to justify differential treatment and social positions. This may occur at the individual level, but often occurs at a broader systemic or institutional level.

The international definition of racial discrimination is contained in Article 1 of the International Convention on the Elimination of All Forms of Racial Discrimination (ICERD). It states that 'the term 'racial discrimination' shall mean any distinction, exclusion, restriction or preference based on race, colour, or national or ethnic origin which has the purpose or effect of nullifying or impairing the recognition, enjoyment or exercise, on an equal footing, of human rights and fundamental freedoms in the political, economic, social, cultural or any other field of public life'.

It is a broad definition that catches measures that are intended to result in inequality and those which, with or without intent, have an unequal effect on the rights and freedoms of the individual or group involved (1)

ICERD has been implemented in Australian law through the Racial Discrimination Act 1975 (RDA). Section 5 of the RDA ensures that the provisions of the act apply to persons who are or have been immigrants, as well as based on race, colour, or national or ethnic origin (as provided in ICERD). Racial discrimination under the RDA may be direct or indirect, whereby a particular practice, policy or law that is neutral on its face has a differential impact on a particular racial group. There are limits on the scope of the RDA, with certain types of racial discrimination not being unlawful for the purposes of the Act.

The Committee that monitors ICERD has stated that there are two types of differential treatment that are not discriminatory within the meaning of the international definition of racial discrimination. These are 'special measures' and 'protective measures'.

'Special measures' are measures taken for the sole purpose of securing the adequate advancement of certain racial or ethnic groups in order to ensure that such groups can enjoy or exercise their human rights in a manner equal to the rest of society. This would include 'catch up' measures to address historically derived disadvantage - such as additional expenditure on Indigenous health programs in order to improve Indigenous well-being to a level comparable to the rest of Australian society. Such measures are not considered discriminatory so long as they do not lead to the maintenance of separate rights for different racial groups and do not continue once the objectives of the special measure have been achieved.

'Protective measures' are measures that recognize the distinct cultural characteristics of particular racial or ethnic groups so that they can participate fully in the society in which they live. The Committee on the Elimination of Racial Discrimination has recognised, for example, that measures that seek to protect the culture and identity of Indigenous peoples - such as the maintenance of language and culture - may constitute legitimate differential treatment and therefore be non-discriminatory.

Racial discrimination may also be systemic or institutional in nature. While it is more difficult to identify, systemic racial discrimination is the application of beliefs, values, presumptions, structures and processes by the institutions of society (be they economic, political, social or cultural) that often indirectly treat the values of a particular racial group as inferior. It often involves a failure to acknowledge historical discrimination against a particular group that has resulted in that group in the present day occupying an inferior or unequal position in society.

An example of systemic discrimination is provided by the main findings of the Royal Commission into Aboriginal Deaths in Custody. That inquiry sought to establish why Aboriginal people held in custody (such as in prison) were dying in disproportionately large numbers. The main reason that was established was that they came into contact with the criminal justice system at such a disproportionately high rate. The underlying cause of this was the disadvantage that Aboriginal people face in Australian society. It was this systemic barrier to the full participation of Indigenous people in Australian society, which resulted from the historical inequality and discrimination faced, which led to the high number of Aboriginal deaths in custody.

Xenophobia is defined as a fear of strangers. It is used to describe hostility towards people who come from other countries or who are members of different ethnic groups, as well as a lack of respect for their traditions. The general trend of countries in the 'industrialised world' to introduce stricter migration policies is often seen as an example of xenophobia.

The World Conference will also consider incidents of related intolerance due to the recognition that many people are the victims of multiple forms of discrimination. Related intolerance literally refers to forms of intolerance that are connected to the racial or ethnic background of an individual or group. It is the combination of racism, racial discrimination or xenophobia with prejudice or discrimination based on some other factor, such as gender, sexual orientation, disability, religion or language.

In considering the issues raised in this discussion paper, we urge that you keep these definitions in mind. As the International Council on Human Rights Policy has stated:

The concept of racism should not be overstretched. Yet, forms of racism and racial discrimination are to be found in all societies and in many areas of life, and need to be named - however complex or subtle they may be. Only when named can racism be recognized, understood and eventually addressed effectively ... (M)eeting this objective is not straightforward. The denial that discrimination or prejudice is racial is almost as ubiquitous as the prejudice itself, and is itself a primary obstacle to progress(2).

4. The themes of the World Conference

This section provides an overview of the five themes of the World Conference. To stimulate debate, it highlights issues that have been discussed under these themes in international meetings for the World Conference. The explanation of each theme ends with a series of questions(3). Details of how you can respond to these questions are provided in section five of this discussion paper.

Theme 1: Sources, causes, forms and contemporary manifestations of racism, racial discrimination, xenophobia and related intolerance

As the Vision Declaration of the World Conference states, there is only one race - the human race. The overwhelming weight of authority proves that as a scientific and anthropological matter, the notion that people can be definitively categorized and classified into different races is a myth. The mapping of the human genome provides irrefutable proof of this fact. Race is a social construct, frequently used for political means.

It is also clear that there is no one form or manifestation of racism. While racism exists in every country in the world, the way that it is reflected is different across countries, cultures and history. Racism can be explicit or it can be more indirect, infiltrating the core values that underpin a society and its structures.

One of the main variants of racism is denialism. As the International Council on Human Rights Policy notes, denialism can range from denial in good faith ('I didn't know') through to outright lies, where the truth is deliberately denied using falsehoods, misinformation or evasion. Most denial rests between these two extremes. It can include denial of facts or denial of the interpretation of facts; or there may be a social consensus that prevents racism from being acknowledged (one way that this can occur is through the use of euphemisms such as 'tribal', 'new immigrant', or 'boat people' to deny or obscure racism).

Alternatively, denialism may take the form of denial of moral responsibility - through indifference; by focusing purely on formal equality (which ignores the existence of inequalities in fact); or by shooting the messenger and denigrating their message (such as by dismissing those who challenge racism by describing them as 'politically correct'). Racism may also be reflected in the selective remembrance of the history of a nation.

Ultimately, racism is a tool to gain and maintain power. 'A significant cause (and effect) of racism in the world today stems from colonialism and slavery, the results of which include the often near-total exploitation, dispossession and dislocation of certain groups of people (or of peoples); misappropriation of their lands and resources; and denial of their very humanity. The continuing legacy of colonialism and slavery is evidenced in many places and in many ways, some more obvious than others'(4).

Racism is also inextricably linked with socio-economic factors, and frequently reflects underlying socio-economic inequalities. The increasing globalisation of the marketplace and development of new technologies has the potential to maintain these divisions in societies (particularly for education poor groups), as well as to create new patterns of exclusion and marginalisation.

In this rapid period of economic globalization and transnational restructuring we have also seen a growing sense of marginalisation and social disenfranchisement amongst groups which had in the past identified themselves as part of the 'mainstream' or dominant forces of society. This sentiment has given rise to populist political and social movements that espouse overt, or indirect, racism. Often, they attribute the cause for their sense of marginalisation and social dislocation to the effects of international and national free trade/market policies. From this they then make claims against perceived 'preferential' treatment provided to immigrant and Indigenous communities - that is they attack both 'special and protective measures' under the banner of 'equality of treatment'. These groupings have also developed strong isolationist mentality leading to anti immigration positions under the guise that immigrants will compete for scarce employment opportunities, be a financial burden on society and lead to greater dissipation of 'mainstream' social and cultural norms .

Racism can often compound other forms of discrimination. There can also be racism within racial groups, for example on the basis of skin colour or language. The fact that a person is a victim of racial discrimination does not mean that they cannot also be a perpetrator.

As a diverse and tolerant society, we need to identify the beliefs and behaviours associated with racism, racial discrimination, xenophobia and related intolerance, whether expressed overtly or in a covert or subtle way. We need to look at everyday individual behaviours and monitor the policies and practices of our organizations and institutions. We need to consider the rules woven into our social system and the values embedded in our collective psyche, and examine whether there are systemic barriers produced by beliefs and behaviours borne of racism and intolerance in vital areas like housing, employment, health, justice and policing, education and social services.

We need to consider ways of countering, for example, denial of the past, hate-motivated activity, derogatory or stereotyped media portrayal, barred or limited access to decision making, professions and trades, under-representation in key sectors, and mistrust of newcomers.

Questions about Theme 1

Question 1
To what extent does racism, racial discrimination, xenophobia and related intolerance exist in Australian society? In what ways do people experience racism? Can you give examples of racism?

Question 2
What are some of the sources, causes and factors that contribute to racism in Australia?

Question 3
Is there anything we can learn from past experiences of racism in Australia? If so, what lessons can we draw from our past as we evolve as a diverse society? What are the achievements we need to build on? What are the mistakes we need to learn from?

Theme 2: Victims of racism, racial discrimination, xenophobia and related intolerance

There are groups in Australia who feel victimized by racism, racial discrimination, xenophobia and related intolerance. They are victimized not only by the attitudes of some individuals but also by systemic obstacles and barriers to their full participation in society. In preparing for the World Conference, it is important that we look at how different groups are affected.

The International Council on Human Rights Policy notes that victims of racism, racial discrimination, xenophobia and related intolerance respond in a variety of ways. Some communities and cultures can:

Nevertheless, 'racism - not its victims - is the problem. It is pernicious to blame victims, who in addition are expected to conduct themselves in a generous and disinterested manner towards those who abused and discriminated against them'(6).

When considering the perspective of individual victims, we should also consider how the marginalization created by racism, racial discrimination, or xenophobia is frequently compounded by intolerance based on gender, age, sexual orientation, disability, religion, language or other factors.

Questions about Theme 2

Question 4
Who are the victims of racism in Australia? How does racism affect individuals, communities and Australian society in general?

Question 5
Are there additional issues for victims of racism who are also disadvantaged because they are women, youth, gay or lesbian, disabled, members of a religious minority or on some other basis? Do they experience racism as a separate issue or does it compound with and change their experience of being disadvantaged because they are women, gay or lesbian?

Theme 3: Measures of prevention, education and protection measures aimed at eradicating racism, racial discrimination, xenophobia and related intolerance

In addition to understanding what constitutes racism, racial discrimination, xenophobia and related intolerance, and how it affects individuals and communities, we need to consider different approaches across society to prevent or eradicate racism. Meetings held in the lead-up to the WCAR have identified a range of areas that must be considered, including legislative and policy mechanisms for the prohibition of racial discrimination and the protection of human rights; educative measures; the media; and the role of the internet.

Also relevant are the respective roles of government agencies, national human rights institutions, non-government organisations, youth, the business sector, trade unions and labour organisations, the arts, sports, and civil society generally.

Australia has international obligations to ensure that measures of prevention are in place. ICERD, to which Australia is a party, provides that States parties (or governments) condemn racial discrimination and 'undertake to pursue by all appropriate means and without delay a policy of eliminating racial discrimination in all its forms and promoting understanding among races'. To this end, Australia has undertaken to:

Australia has an extensive range of legislative and policy measures which contribute to racial tolerance and diversity, as well as which actively combat racism. Policies range from the long-established policy of multiculturalism (as most recently set out in A New Agenda for a Multicultural Australia, December 1999), to the Living in harmony program and civics and democracy education in school curricula.

In relation to Aborigines and Torres Strait Islanders, we have just reached the end of the first ten years of the formal process of reconciliation. This process has challenged Australia to face up to the racial discrimination of the past inflicted on Indigenous peoples. The government is yet to respond to the recommendations of the Council for Aboriginal Reconciliation. Related recommendations also exist in the Social Justice and Native Title reports of the Aboriginal and Torres Strait Islander Social Justice Commissioner, the Social Justice Package of 1995 and landmark reports such as Bringing them home and the Royal Commission into Aboriginal Deaths in Custody. These provide guidance on appropriate legislative and policy responses to racism against Indigenous peoples in Australia.

Australia has a broad legislative framework prohibiting racial discrimination. There are individual complaints processes at the federal level (the Racial Discrimination Act 1975 (RDA)) as well as anti-discrimination laws in every state and territory. There are, however, limits to the scope of the complaints system, such as provisions that prevent complaints being brought alleging that a law itself is racially discriminatory.

Section 10 of the RDA in combination with section 109 of the Constitution, however, allows people to challenge the constitutional validity of state or territory laws in the High Court, where those laws are allegedly racially discriminatory and in conflict with the RDA. There are also prohibitions of race hate speech at the federal level and in NSW, with new laws expected to come into force shortly in Queensland.

There also exists at the federal, state and territory level, human rights institutions, equal opportunity commissions or anti-discrimination boards. Most states and territories also have processes to ensure government accountability, such as freedom of information and Ombudsman's offices. There are not, however, laws implementing Australia's international obligations under the genocide convention.

In March 2000, the United Nations Committee on the Elimination of Racial Discrimination expressed the following concerns about the limits of Australia's legislative protections against racial discrimination:

In July 2000, the United Nations Human Rights Committee also expressed concern about the poor implementation of civil and political rights in the Australian legal system. The Committee on Economic, Social and Cultural Rights expressed similar concerns about economic, social and cultural rights in August 2000.

Educating the general public to recognize racism, racial discrimination, xenophobia and related intolerance, and to understand their impacts is also frequently suggested as an important way to prevent the recurrence of these problems. Educational systems build attitudes and shape behaviors. Educative measures to combat racism could take many forms, ranging from the formal education process to broader community education about racism.

As a powerful force in societal development, the media also plays a major role in shaping opinions and promoting views, positive and negative. Messages can be transmitted against racism, racial discrimination, xenophobia and related intolerance through the media. To combat racism a healthy and diverse media environment must also be fostered. This includes enabling access to and participation in media programming for minority groups and Aboriginal peoples.

Media no longer has national boarders, we notice on our television screens and radio broadcasts a concentration of the sources for international news items - often commercial USA sources or BBC. Even our print media has increasingly more articles on international affairs, which come directly form international providers. This tends to conformity in the portrayal or representation of particular nations, religious groups etc in Australian news services and thus assisting in the creation of the 'image' of people from those nations or groups who now reside in Australia. In the area of pay television this is even more present given the dominance of single provider 24-hour news services. Along side the national media issues we also have to consider how to develop international strategies to ensure that there is diversity in representation and that those international sources provide spaces for anti-racism messages.

New communications technologies like the Internet offer great potential for reaching and connecting communities. New technologies promise new ways to remove barriers, including those that result from racism, racial discrimination, xenophobia and related intolerance. Thanks to the Internet, more and more of us can chat and surf the world, learning about one another and familiarizing ourselves with different cultures, languages and perspectives. However, the Net also presents serious risks such as greater access to racial hatred material and broader outreach for proponents of racism to recruit new members and distribute hate propaganda.

When addressing the Internet we need to be aware of the inherent difficulties of trying to establish legislative barriers. The accessibility to sites no matter in which country they are housed requires international solutions to deal with issues of combating race hate material.

In regard to the media and internet we have to also weigh up the balance between the right of freedom of expression and limits on that for what is defined as the broader social and civil good of combating racism. This issue has been discussed on many occasions and addressed in a raft of laws - however in the final analysis the setting of the balance needs to allow for the victims of racism to have a strong and influential role in setting the boundaries.

Questions about Theme 3

Question 6
What are the most important measures that the Government and/or other sectors of society can take to combat racism in Australia? In your opinion, what should be the priority measures to combat racism?

a) Programs/activities in schools?
b) Public education campaigns?
c) Employment and workplace strategies with the business sector?
d) Other?

Question 7
Can you give some examples of effective programs to challenge racism
(e.g. in the media, education, law, business, arts, sport or other areas)?

Question 8
How can the Internet be used as a more effective tool against racism?

Question 9
How well do you think we acknowledge and celebrate the contributions of minority groups and Indigenous peoples to our society?

Theme 4: Provision of effective remedies, recourses, redress, [compensatory](7) and other measures at the national, regional and international levels

Since racism, racial discrimination, xenophobia and related intolerance exist in Australia today, it is important to have in place the necessary remedies, recourse, redress and other measures to alleviate their impact on victims.

Australia has international obligations to ensure that such measures are in place. ICERD, to which Australia is a party, provides that States parties 'shall assure to everyone within their jurisdiction effective protection and remedies, through competent national tribunals ... against any acts of racial discrimination ... as well as the right to seek from such tribunals just and adequate reparation or satisfaction for any damage suffered as a result of such discrimination' (ICERD, Article 6). The Committee on the Elimination of Racial Discrimination has clarified (in a general recommendation) that reparation in this context may include monetary compensation.

Also relevant are the Draft basic principles and guidelines on the right to reparation for the victims of gross violations of human rights and international humanitarian law. These principles and guidelines are a synthesis of international obligations to provide effective remedies, recourse and redress(8). These principles identify the following types of remedies that should be made available to victims of gross violations of human rights:

In the Australian context, there exists an extensive legislative framework for addressing discrimination and providing remedies. As discussed above, there are limits in this system - notably requirements that an act of racial discrimination be 'unlawful' within the legislative scheme, as well as the inability to obtain remedies for acts of racial discrimination that are sanctioned by laws (subject to section 10 of the RDA). A further key limitation of anti-discrimination laws is that they contain individual complaint systems, and may have limited ability to address broader, systemic discrimination issues which affect entire racial or ethnic groups.

Despite these limits of the legislative framework, in no way can it be said that this system is utilized to its full extent. In many instances the issue in Australia is not the lack of mechanisms for remedies to victims of racial discrimination, but the enforcement of these provisions. Many vulnerable groups, such as Indigenous peoples, asylum seekers, refugees and migrants, frequently do not know of their rights. This is often compounded by difficulties due to language barriers, or the lack of available and affordable legal assistance (cuts to legal aid funding over the past decade have impacted greatest on legal aid for civil matters, such as anti-discrimination, and there is also limited (if any) funding available for test cases to obtain court determinations on issues of discrimination).

They are also compounded by issues such as the culturally based distrust of the state and its agencies, the fear of the consequences, the recognition that initiating a claim would compound their own belief of a sense of powerlessness and also asking a victim to take an initiative after they have violated has always been one of the major stumbling blocks.

The process of reconciliation provides an example of a process that seeks to grapple with the issue of effective remedies for the past discrimination against Indigenous peoples, as well as the ongoing aspects of that discrimination. Issues such as a framework agreement (or treaty) to address unfinished business, the Social Justice package proposal to address the ongoing consequences of dispossession from land and water, and reparations for those who were forcibly removed from their families are all examples of this.

Questions about Theme 4

Question 10
How adequate are the laws dealing with racism and racial discrimination in Australia? Can you give examples?

Question 11
What other measures could be adopted to ensure effective remedies for victims of racism?

Question 12
Could these laws be improved? What should the aim of laws dealing with racism and racial discrimination be? - Prevention, punishment, public education?

Theme 5: Strategies to achieve full and effective equality, including international cooperation and enhancement of UN international mechanisms in combating racism, racial discrimination, xenophobia and related intolerance, and follow-up

Australia's efforts to combat racism inevitably have an international dimension, particularly in the face of economic globalisation and due to technological advances. These changes challenge us to pursue new initiatives to ensure we have the capacity we require to provide equality of opportunity for all Australians as we become an increasingly diverse and globally oriented country.

Some of the challenges to our future capacity to promote equality include dealing with global convergence driven by open markets, the impact of information and communications technologies on cultural diversity, and ensuring that all our citizens are resourced to participate in the emerging knowledge-based economy and society. We need to equip all Australians with the skills and competence they need to thrive and prosper in a future that promises to be increasingly competitive and fast-paced, and to ensure that racism and intolerance are not impediments to the individual's capacity to contribute, through, for example, systemic discrimination in education, training and employment.

We must also ensure that racism and intolerance do not undermine our quality of life or our international reputation. As the Government's White paper on Foreign and Trade Policy, In the national interest, states:

The rejection of racial discrimination is not only a moral issue, it is fundamental to our acceptance by, and engagement with, the region where our vital security and economic interests lie. Racial discrimination is not only morally repugnant, it repudiates Australia's best interests ...

On questions of race, as on other issues which go to the values of the Australian community, Australia's international reputation matters. Australia has a direct national interest in an international reputation as a responsible member of the international community, committed to the rule of law, ready to assist in cases of humanitarian need, and a constructive contributor to the economic development of its neighbourhood(9).

As the Social Justice Report 2000 also notes, Australia does not perform well on the basis of objective criteria for international human rights accountability - we have not responded to the views of several committees in relation to individual communications; we do not have universal ratification of individual communication mechanisms; and we submit reports significantly late and do not meet our core obligations under international treaties in a timely manner(10).

Questions about Theme 5

Question 13
Does globalisation impact on people's experience of racism in Australia? What safeguards must be put in place to protect individuals and communities when globalisation contributes to racism, racial discrimination, xenophobia and related intolerance?

Question 14
What can Australia contribute to international efforts to combat racism, racial discrimination, xenophobia and related intolerance?

5. How can I respond to these issues?

If you have a view on any of the issues raised in this discussion paper you can tell us about it in the following ways.

Write to us:

WCAR Secretariat
Race Discrimination Unit
HREOC
PO Box 5218
Sydney NSW 1042

Email us:

worldconference@humanrights.gov.au

(Email submissions will only be accepted if they include contact details)

Attend a Public Forum:

The Commission will conduct at least 13 regional consultations, including all capital cities, during June and July 2001.

Details of dates and locations will be made available on the Commission's website: http://www.humanrights.gov.au/worldconference or you can call the Commission on (02) 9284 9600.

Please note the following about any submissions received

6. Further information

HREOC has developed a website with frequently updated information about the World Conference Against Racism: http://www.humanrights.gov.au/worldconference. At this site you will find information about:

The following documents that have been prepared by the Commission are available from the website:

If you do not have internet access please contact the Commission for details of any of these publications on 1300 369 711

Footnotes

(1) See further: International Council of Human Rights Policy, The persistence and mutation of racism, Geneva 2000, www.ichrp.ch.

(2) ibid, p5.

(3) The discussion and questions draw substantially from the issues considered at the Bellagio consultation on the WCAR on 24-28 January 2000, and the questions developed by the Canadian government as the basis of their domestic consultations: see further information for source details.

(4) Report of the Bellagio consultation on the WCAR, Bellagio, 24-28 January 2000, p3.

(5) International Council of Human Rights Policy, op.cit, pp20-22.

(6) ibid, p22.

(7) Note: The word compensatory is in brackets as there is no consensus among governments to include it under this theme at this stage.

(8) See further: Aboriginal and Torres Strait Islander Social Justice Commissioner, Social Justice Report 2000, HREOC Sydney 2000, Chapter 5.

(9) Department of Foreign Affairs and Trade, In the national interest, Commonwealth of Australia, Canberra 1997, paras 24-25.

(10) See further: Aboriginal and Torres Strait Islander Social Justice Commissioner, Social Justice Report 2000, Chapter 4. On the dialogue under ICERD see chapter 3.