Islamophobia: is it racism?
Since 11 September 2001, Muslims around Australia have reported increased levels of anti-Arab and anti-Muslim prejudice, discrimination and vilification. Community leaders say these attitudes have caused fear, isolation and uncertainty within their communities. Do our laws offer Muslims effective protection against discrimination and vilification?
This issue of the Erace Forum examines whether Muslims are protected by the Racial Discrimination Act 1975. The Act (the 'RDA') outlaws discrimination and vilification based on race, colour, descent, national origin or ethnic origin - but not religion.
"In 1998 the Commission recommended that religious discrimination be made unlawful in all areas of public life, albeit with appropriate exemptions for religious institutions. This recommendation has not yet been taken up by the Government", Acting Race Discrimination Commissioner, Dr William Jonas said. "Yet discrimination and vilification because of religion persist, particularly affecting Muslims and Jews."
Jews and Sikhs are currently covered by the RDA because they are recognised as ethnic groups as well as religious groups. However, Australian courts have yet to decide whether Muslims share an 'ethnic origin' as well as a religion. "In the meantime", Dr Jonas noted, "it may seem anomalous that anti-Semitism is outlawed but Islamophobia is not."
If federal legislation is not amended to make religious discrimination unlawful, the future inclusion of Muslims will depend on whether courts accept evidence that Australian Muslims see themselves and are seen by others as sharing an ethnic origin. The interpretation of the term 'ethnic origin' is outlined in a HREOC paper on 'Islam and the RDA':
"I invite readers to comment on the issues raised in this paper", Dr Jonas said. "I am especially keen to hear your views on the following questions:
- How do Australian Muslims identify themselves and how are they seen by others in the community - as members of an ethnic group or a religious group or both?
- When Muslims from the Middle East are vilified or discriminated against, is it because of their religion, their ethnicity or a mixture of both?
- Should religious discrimination and vilification be covered by federal law?"
Important note: discrimination and vilification against Muslims because of their race, colour, descent, national origin or ethnic origin is covered by the RDA.
or email: webfeedback@humanrights.gov.au
