HREOC Website: Isma - Listen: National consultations on eliminating prejudice against Arab and Muslim Australias
Consultations
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|| Meeting Notes: 3 June 2003
Consultation hosted by the
ACT Human Rights Office and ACT Office of Multicultural Affairs, Canberra,
3 June 2003
The meeting was attended by eight invited participants:
officers from each of the host organisations, from the Commonwealth Attorney-General’s
Department, from the Australian Federal Police (ACT Policing) and the
Department of Immigration and Multicultural and Indigenous Affairs and
by representatives of two community organisations. It was facilitated
by Omeima Sukkarieh and Susanna Iuliano from HREOC.
1. What are your experiences
of discrimination and vilification?
Participants felt that discrimination against Muslims
is less of a problem in the ACT due in part to Canberra’s unique
social composition.
“The
ACT is a fairly educated population. It is very fortunate compared to
Sydney or Melbourne.”
However, discrimination in general was still seen as
a problem.
“Discrimination
has no specific place. It can happen like that - at any time, anywhere,
under any circumstances. People have different experiences but I think
it is the attitude of the mainstream population of the country that
determines the direction discrimination will go.”
Discrimination in the workplace
Workplace discrimination is an issue of concern, even
in the ACT.
“99%
of Muslims do not complain because there is a quiet subtle discrimination
happening on all levels all the time, especially jobs. I have cases
where one chap who has a degree in accounting. He has been working as
a contract accountant for several banks and after 11 September it all
dried up and nobody would employ him. He cannot do anything about it
so much so that he sent an application to an employment agency and the
girl said on the phone ‘You don’t have local experience’.
And he said ‘What? You haven’t read my resume’.”“I
know a person who went for a job and sent in two applications - one
with his Arabic Muslim name and a slightly different one with an Anglo-Saxon
name. He didn’t get an interview with his Arabic persona but he
did with his Anglo. They must not even have looked at them. They must
have just seen the name and tossed it aside. After he got the job he
alerted them to that. This is called security screening and it is widespread
in government departments: ‘A Muslim name? Not interested’.
It is widespread unfortunately. He asked me, ‘What can I do?’.
I said ‘There is not a thing you can do because discrimination
is a disease that has no cure unless the whole of society decides not
to’.”“Appearance
too: if you have a beard you are labelled as a potential terrorist.
With the hijab that person has no chance of entering the room. She might
be the best person, most capable for the job but unless she can enter
the organisation for an interview there’s small chance.”
In the media
Participants felt that media portrayals of Muslims are
generally negative. When crimes are committed by Muslims, they felt the
media exaggerated the perpetrator’s religious background.
“People
were talking about an airline incident that happened the other day and
questioning why that person wasn’t labelled a terrorist. Had he
been, this is my personal belief, an Arab or Muslim or even a darker
person it would have been a terrorist act and not a hijacking. It’s
a terrible incident but something like that shows the bias in the media.
Every time we hear the word ‘terrorist’, we think ‘Oh
no! It’s another one from our community who has done it’.”“The
best and the worst culprit is talkback radio ... Our lives are surrounded
by media. Television is more important than a bullet. Some people can’t
live without it. All this is done behind the screen of freedom of the
press.”“Regardless
of the number of positive stories, when you go through media clippings
and look at the number of negative stories they far outweigh the positive
ones.”
Discrimination in public places
Participants reported that women wearing hijab are particular
targets for discrimination or vilification in public places.
“There
are instances where women wearing the hijab and scarves have been spat
at, abused by people screaming things at them, throwing things out of
cars.”“There
have been a number of incidents that have been perpetrated since September
11th and the recent Iraq war. We [ACT policing] get reports occasionally.
There was a woman wearing a hijab and had racial insults thrown at her.”
A representative
from the Australian Federal Police (ACT Policing) talked about the difficulties
in helping victims of vilification when there were often no witnesses
to events and when victims themselves were generally reluctant to come
forward and report incidents.
“It is
difficult [for the police]. The way our area [the Crime Prevention portfolio]
is trying to deal with it is to try to speak to Islamic communities
and to look at ways of protecting their rights and looking after their
concerns and issues within the communities to the best that the police
can. Without having any evidence and a witness you can’t prosecute
a case. So that kind of thing, it’s just very difficult to prosecute.
Even when they do report it they do not want to prosecute as they do
not want to go to court.”
Attacks on property
“There
was a very small incident at the Islamic centre where they threw stones.
I think they [police] are thinking of increasing patrols around mosques,
patrol spots and embassies.”
Impact of the national security
campaign
“It was
a waste of money. My understanding was a lot of people were waiting
to get theirs so they could send it back. It is difficult to measure
the impact as we do not know the before and after. But I know that a
lot of people were very offended as they feel that the government tried
to not make it with an Arabic or Islamic focus but it did have. They
felt like criminals and they hadn’t even done anything. The fear
about the repercussions of the campaign was prevalent in the community.
I was personally offended and you wouldn’t know what my religion
was Muslim, Arab, Christian and I was born here.”
2. What is being done to fight
anti-Arab and anti-Muslim prejudice and discrimination?
Participants described
a number of anti-racism initiatives being undertaken in the ACT. While
most of these initiatives do not specifically address anti-Arab and anti-Muslim
prejudice, they help to foster a broader climate of tolerance and respect
for diversity.
Commonwealth Attorney-General’s
Department
Representatives
from the Commonwealth Attorney-General’s Department described a
two-pronged approach to addressing issues of anti-Arab and anti-Muslim
prejudice: promoting human rights education and monitoring the operation
of the federal Racial Discrimination Act 1975 and complaints
mechanisms to HREOC and the Federal Court.
“Our
interest in following these consultations is to see the level of racial
discrimination that is out there in the community and how effective
the Racial Discrimination Act and the police handling system is in dealing
with some of those incidents of racial discrimination and vilification.”
Australian Federal Police
A representative
from the Federal Police (ACT Policing) discussed the importance of school
and community liaison programs to build trust with specific communities
and young people. Refugee children and young people are a particular target
group and programs such as ‘RecLINK’ (a program under
the Police and Citizens Youth Club)cater for young people experiencing
or at the risk of experiencing geographic or family isolation, accommodation
or vocational or education problems, difficulties with drugs or alcohol
or a disability. The program gives young people a chance to participate
in sporting and recreational activities.
“We
have a few refugee Muslim kids who watched their parents get shot
by the police in Afghanistan. So their perception of police is totally
warped. So it has taken the police a long time to get these boys to
come out of their shells and to talk about why they hate the police
so much and for the police to say it is very different here, this
is not how the law works here and to form a strong bond with these
boys.“They
play soccer; they go on camps. This is called the ‘RecLINK’
Program. It’s been fantastic. It has given them a much better
perspective on police.”
ACT Office of Multicultural
Affairs
The Office of Multicultural
Affairs provides strategic advice to the Chief Minister on issues affecting
people from culturally and linguistically diverse backgrounds. It implements
the goals embodied in Framework for a Multicultural ACT 2001-2005
which sets out the Territory Government’s vision for a multicultural
ACT. It also works with community groups to coordinate and develop a range
of policies and projects to promote the expression of cultural heritage
and encourage participation of all Canberrans in public life without prejudice
or discrimination.
In response to international
events such as the September 11 terrorist attacks, the ACT Office of Multicultural
Affairs participated in a number of ACT Government initiatives such as
the establishment of a hotline for community members and the production
of information brochures on racial vilification. Visits by Government
representative and leaders of community groups to the Canberra Islamic
Centre also sent a clear signal of support to the ACT’s Muslim community.
The ACT also conducts
a number of other multicultural programs and initiatives that are not
specifically aimed at addressing anti-Arab or anti-Muslim prejudice but
have broader anti-racism objectives. These include:
- Work Experience
and Support Program – a 12 week program to help Canberrans from
culturally and linguistically diverse backgrounds enter the workforce
by giving them an opportunity to improve their skills and confidence,
as well as develop important networks within the ACT Public Service.
The Program involves four weeks of formal office skills training plus
an eight-week work experience placement within the public, private or
community sectors in the ACT.
- Administration
of the ACT Multicultural Grants Program – assists community organisations
to carry out projects that contribute to community development and cultural
harmony.
- Provision of Secretariat
Support to the Ministerial Advisory Council on Multicultural Affairs.
- Assessment of
overseas qualifications for citizens and residents of ACT and Queanbeyan.
- Planning and
delivery of the National Multicultural Festival.
- Provision of
information sessions for ACT Government staff in the use of interpreters
and in cultural awareness.
ACT Human Rights Office
The ACT Human Rights
Office administers the ACT Discrimination Act 1991. It accepts
complaints about discrimination because of sex, sexual harassment, sexuality,
transexuality, age, profession, trade, occupation or calling, marital
status, status as a parent or carer, pregnancy, race, racial vilification,
religious or political conviction, impairment, membership or non-membership
of an association of employers or employees or association with a person
with an above attribute.
In 2001-02, the ACT
Human Rights Office received 11 complaints on the grounds of race, most
from Aboriginal people. The office has not received many complaints from
people of Islamic faith or Arabic-background. In the aftermath of September
11, they received one formal complaint involving a person of Lebanese
background who was likened to Osama Bin Laden in the workplace. However,
a representative from the ACT Human Rights Office explained that the number
of formal complaints received was not necessarily reflective of the extent
of discrimination involving people of Muslim or Arabic background.
“We know,
in part from our community education program but also just from people
who ring us up on enquiries, [that there are people] who have serious
issues but are too fearful to proceed with any kind of action. What
we do in those situations is talk to people about other strategies that
they might be able to use within the context of discrimination law to
try and deal with those issues themselves.”
One possible reason
for the relatively small number of complaints on the grounds of racial
vilification was the requirement under the ACT anti-discrimination law
to show that vilification could incite serious hatred, contempt or ridicule.
This standard of proof is similar to requirements in the NSW anti-discrimination
law. By contrast the federal Racial Discrimination Act makes offensive
behaviour based on race unlawful. There is no need to prove that the behaviour
or comments would incite racial hatred in others.
The ACT Human Rights
Office also runs community education programs offering seminars and workshops
to organisations about anti-discrimination law and complaints procedures
in the ACT. The office also collaborates and cooperates with other government
departments on various projects or policies relating to discrimination.
For example, the ACT Human Rights Office participated in the formation
and development of the Australian Council of Human Rights Agencies which
called on state, territory and federal governments to initiate a national
anti-racism and religious vilification campaign in the wake of the war
in Iraq.
3. What more could be done
to fight anti-Arab and anti-Muslim prejudice and discrimination?
There was support
for an amendment to federal anti-discrimination law to make discrimination
and vilification based on religion unlawful.
“Legislation
is most important. To define law is fear. If there was no fear attached
to it, nobody would follow it…Any legislation that has a minority
content in it must be publicized heavily so that people really get to
know the consequences are not good if I did this.”
A representative
from the Commonwealth Attorney General’s Department set out the
history of the Racial Discrimination Act 1975 and the 1995 amendment
to the Act to include prohibition of racial hatred.
“At the
time that the Racial Hatred Act went through, in the explanatory memorandum
the Attorney General at the time, Michael Levarch, wrote that Muslims
and Jews would be covered by the broad definition of ‘race’
because in comparable overseas jurisdictions such as England, New Zealand
and Canada people of those ethnic religious backgrounds had been covered
and were given some measure of support. [HREOC note: Muslims have
not been defined overseas as an ‘ethnic group’. For more
information on this issue go to: http://www.humanrights.gov.au/racial_discrimination/Erace/index.html
]“As luck
would have it there has been case law in Australia on Jews and Sikhs
but not on Muslims in any court at the federal level. So that is a big
issue that everyone is waiting to see what will happen. Our estimate
is that because other groups have also been protected by the racial
vilification laws that the Muslims will too.”
The need to promote
a more positive media image of Muslims and Arabs was identified.
“I think
there needs to be more media strategies. Positive media. I’m kind
of assuming that a lot of the racism stuff is coming from people that
are generally not particularly open minded or very well educated. That’s
a pretty big generalisation. I mean we are talking about people who
listen to John Laws and are watching A Current Affair and things like
that. It needs to be a bit broader for Muslims, Arabs - a celebration
of the culture. I think it should be more generalist. It shouldn’t
be targeted. The flavour of the month at the moment is the Muslims and
the Arabs. I know tolerance is a word that is used loosely but there
should be strategies, especially in the media, promoting that level
of awareness across everything. It just so happens to be Arabs and Muslims
now but who knows who it could be in ten years time. We need more education.”“Communities
are saying to us, ‘Look we are not victims [but] we look like
victims [in the media]. We want to have the capacity to resource some
skills to speak for ourselves. Help us through that and when we have
the opportunity to speak for ourselves that’s the most potent
form of getting through to people.”
