Opinion Editorial by Giridharan Sivaraman. Published by The Age and Sydney Morning Herald.

As is often the case, the person who calls out racism in Australia faces far more scrutiny than the racism itself.

Laura Tingle's comments at the Sydney Writer's Festival last weekend - that Australia is a racist country - have triggered a fierce backlash, ranging from outraged calls for the ABC to be defunded to demands for Tingle to be sacked as chief political correspondent of the 7.30 program.

As is often the case in Australia, the person who calls out racism faces far more scrutiny than the racism itself. This is partly why our media is so timid in addressing racism - because powerful voices try to shut down conversations that challenge the status quo. So why does our society have an aversion to talking about racism? And what is it about modern Australia's systems and institutions, its laws and media, its culture and heritage, that enables racism to flourish?

One problem is that our discussions of racism usually focus only on the tip of the issue - overt racism - and we ignore the massive iceberg that lies underneath, the systemic and structural elements.

Overt examples of racism are far too common: on the weekend, a vile antisemitic slogan was spraypainted on the wall of a Jewish school in Melbourne. Just as the war in Gaza has prompted dramatic increases in anti-Arab and Palestinian racism, Islamophobia and antisemitism, the Voice referendum led to a deluge of racism against First Nations people and the COVID-19 pandemic prompted a dramatic rise in anti-Asian racism.

One of the reasons racism surfaces so viciously whenever there's a rupture in society is because of structural issues that go unchallenged. If we want to stop all forms of racism, we need to build our society's language and literacy to talk about race and racism.

Many Australians find it difficult to accept the extent to which racism is embedded in our society and culture. This is why we need to learn from negatively racialised communities to improve racial literacy within society and promote better understanding of how race operates to give privilege and power to some over others.

Racism remains a reality of Australian society. The legacy of Australia's settler colonial history is ongoing, and First Nations Australians in particular continue to experience its effects through intergenerational impacts and the persistence of racial bias within systems and institutions.

This week, the inquest into the death of Kumanjayi Walker revealed that racism within the Northern Territory police was so ingrained that police held an annual ‘‘c--n of the year'' awards ceremony, and the Territory's Police Commissioner Michael Murphy knew about this but failed to act.

Not all Australians are negatively affected by racism, but for Indigenous Australians and many in racialised communities, the impacts are impossible to ignore. It affects what people learn at schools, how they are treated in hospitals, their interactions with police, and the additional obstacles they face in getting a job or renting a property.

Racism affects the stories we see on screen and in print, what we hear on the news, the people we see in positions of power, how we are treated by the legal system or on the sporting pitch, and even how people define us. In this way, racial bias continues to shape our culture.

Systemic racism can be less easy to identify than overt racism. When people don't recognise racism in action, they leave it unchecked, or continue to perpetuate it. This is particularly harmful when it involves people in positions of power, from police commissioners to politicians. Seeking political gain by scapegoating immigrants or minority groups for social problems, for instance, has historically been a potent way of stoking racial tensions, and causes great harm.

The federal government has flagged new laws to strengthen protections against racial hatred, but what we really need is a national plan to address racism.

The Australian Human Rights Commission has been developing a model for a National Anti-Racism Framework. Later this year, it will present that model to governments. The federal government must take ownership of this work and commit to a national strategy. Without coordinated national action, racism will continue to flourish.

Today, the ABC's new Chair Kim Williams and Managing Director David Anderson will appear at Senate estimates. When people in positions of power challenge racism and stand up to those who would silence such conversations, it sends a powerful message. They should back Laura Tingle. If we are to challenge racism in Australia, journalists must be free to call out racism, and media executives must support them when they do.

Giridharan Sivaraman is Australia's Race Discrimination Commissioner.

Australia’s Race Discrimination Commissioner, Giridharan Sivaraman, has urged communities to embrace compassion and reject division, following two stabbing attacks in Sydney this week.  

Commissioner Sivaraman extended his condolences to all impacted by the attack at the Christ The Good Shepherd Church in Wakeley, and the deadly stabbings at Westfield Bondi Junction. 

“Like the rest of the country, I have been left numb and broken by the tragic events that have occurred,” Commissioner Sivaraman said. 

“My heart goes out to the victims, their families, friends and wider communities, and anyone struggling after what’s been an horrific few days.”  

Commissioner Sivaraman said he was heartened by the national show of support already being offered to the victims, but is concerned by the reports of racism, divisive rhetoric, and mis and disinformation around the attacks. 

“These are difficult and distressing times. Emotions are understandably high, but it is important we ensure it does not spill over into an angry or hateful response,” Commissioner Sivaraman said. 

“With incidents of the nature that we have seen, there is a heightened risk of racism. Following the Bondi tragedy, I was very concerned by the antisemitic and Islamophobic commentary that flooded parts of social media – as some, ignorantly or even malevolently, attempted to wrongly apportion blame for the attacks. 

“Communities shouldn’t be tarred by the actions of individuals. There is no place in our country, or anywhere, for racism of any kind. I urge all Australians to reject those who try to divide us and find ways, in our common humanity, to rise above. 

“We must stay calm and connected, and not give into the racism and hate.” 

The Guardian Opinion Editorial by Chin Tan, Race Discrimination Commissioner at the Australian Human Rights Commission.

Creating an Indigenous voice to parliament is not racist or inequitable. On the contrary, it presents an opportunity for Australia to address and overcome racism and discrimination.

The argument that a voice would create inequality by inserting race into the constitution is not only disingenuous – it is also plain wrong. It is wrong because the Australian constitution already includes several provisions about race, one of which gives parliament the power to make laws for “the people of any race for whom it is deemed necessary to make special laws”. This is often referred to as the race power, and it makes Australia the only country that has empowered its federal parliament to make laws based on race.

Aside from being incorrect, claims that a voice would create racial inequality are also disingenuous because they are not made in order to support greater equality in Australia. Denying Indigenous Australians a voice in decisions that affect them will only serve to maintain racial inequality and continue the marginalisation and disempowerment of First Nations people.

Equality does not mean that everyone should be treated exactly the same. It has always been true that in order to be “free and equal in dignity and rights”, marginalised or disadvantaged groups sometimes require unique representation or assistance. This is particularly so with indigenous peoples, which is why the United Nations Declaration on the Rights of Indigenous Peoples bestows unique rights to the original inhabitants of countries that have been colonised.

The rights of Indigenous people – which Australia has long acknowledged in both domestic and international law – include the right to self-determination, to create representative structures and to self-govern, to participate in decisions that affect them, and to be free from any form of discrimination. The voice proposal is not just an outcome in itself but a tool for realising these rights and one that we all hope will help create better outcomes for First Nations people.

The policies and approaches of successive Australian governments towards Aboriginal and Torres Strait Islander peoples have too often been developed and applied without the input and agreement of First Nations. This has resulted in significant structural and systemic harm. Mechanisms to promote independence, representation, empowerment, accountability and transparency are a critical step towards addressing this harm.

There is clear international guidance that establishing representative structures to ensure that Indigenous people are able to participate in decisions that affect them is not only consistent with international law and non-discriminatory, but is in fact necessary to prevent and overcome racism and discrimination.

The United Nations Committee on the Elimination of Racial Discrimination made this clear in its concluding observations on Australia in 2017, urging constitutional recognition of First Nations people and the establishment “of a meaningful mechanism that enables their effective political participation”.

It is interesting that some opponents of the voice imply that the presence of “race” in the constitution is itself racist. I strongly disagree, and find this argument insincere.

Meaningful conversations about race in Australia need to acknowledge that racism has been a major feature in shaping our society, its structures, laws and institutions. Entrenched racism has subjected Indigenous Australians to systemic discrimination for generations, leading to significant disadvantages in areas such as health, education, employment and justice. The voice could play a role in addressing and ameliorating historical and ongoing discrimination against First Nations people.

The referendum provides an opportunity to recognise and acknowledge the unique rights of Indigenous Australians as the first people of this continent – the oldest continuous culture in the world. This would be a powerful act of national unity.

By giving First Nations people a say in the decisions that affect their lives, the voice could help to ensure that their perspectives, priorities and aspirations are taken into account in the development of policies and laws. This could help to address the historical and ongoing injustices that Indigenous Australians have faced, and is a step towards achieving racial equality to help us heal and move forward as a community.

Urgent, collective action is needed to combat racism throughout this country. We need to treat racism as a scourge in much the same way we commit to addressing child abuse and family violence.

This scoping report is the next step in developing a long-term framework to guide actions on anti-racism and equality by government, NGOs, business, communities, and others.  A national anti-racism framework will provide strategies and specific actions to tackle racism in its interpersonal, institutional, and systemic forms,

This report provides an initial evidence-based summary of what the Commission heard about a national anti-racism framework from consultations and submissions from communities, sector organisations, government, scholars, and expert knowledge holders to date.

The Commission undertook more than 100 consultations and received 164 public submissions nationwide.  

From this, 3 key themes and 3 sector specific priority areas were identified, as well as overarching principles to guide this work.  

We heard about the need to understand racism as a complex, intersectional phenomenon that reaches far beyond ‘race’ and as an all-encompassing force perpetuated across many sites of power by institutions and structures. 

This includes, as a threshold, acknowledging and respecting the experiences of First Nations peoples. When we hold this as a baseline for anti-racism action, we recognise the colonial foundations of Australia, their past and present impacts, and the immense value in drawing upon the unique strengths and leadership of First Nations peoples and communities.

The key themes and priority areas were: 

1. Data
2. Education
3. Cultural safety
4. Media regulation and standards
5. Justice
6. Legal protections

The report also highlights some of the existing good practice anti-racism solutions being undertaken across the nation, and outlines a process solution to progress existing anti-racism work in Australia. 

The Commission is pleased that the recent commitment of Australian Government funding to the Commission to lead a National Anti-Racism Strategy will allow us to progress a framework.  

For those interested, we invite you to keep an eye out for future consultation notices or other opportunities to be part of this project.  

We strongly encourage you to share the report across your networks and welcome your feedback at: antiracismsecretariat@humanrights.gov.au

We thank you for your ongoing support and interest in the work we do and for helping spread the important message about committing to anti-racism.

Chin Tan
Race Discrimination Commissioner

“Australia’s continued success as a multicultural nation must include an ongoing commitment to addressing racism,” the Attorney-General Mark Dreyfus said.

The Attorney-General spoke about the Government’s commitments to restoring the integrity of Australia’s anti-discrimination framework and the independence of the Australian Human Rights Commission, First Nations justice, and a national anti-racism strategy.

“The Albanese Government announced before the election that it would commit $7.5 million to fund the Australian Human Rights Commission to complete its National Anti-Racism Framework and implement a comprehensive national anti-racism strategy. This commitment was delivered with the funding announced in the Budget last month.

“The anti-racism strategy will develop a shared understanding of racial equality to build support for an inclusive national narrative in which the rights of all people are protected and promoted, regardless of race, ethnicity or cultural background,” Mr Dreyfus said.

Race Discrimination Commissioner Chin Tan, who hosted the lecture, spoke to the Commission’s initial scoping phase for a national anti-racism framework.

Commissioner Tan said that the leading feedback from all participants, both Aboriginal and Torres Strait Islander and those from non-Indigenous backgrounds, is the importance of centring the experiences of First Nations people and the ongoing impacts of dispossession, which are necessary foundations for anti-racism in the Australian context.

A panel discussion on online hate and the need for legislative reform followed the lecture, moderated by Jeremy Fernandez from the Australian Broadcasting Corporation (ABC). The panel was comprised of experts on online hate and anti-racism action, Dr Matteo Vergani, Rita Jabri Markwell and Professor Sandy O’Sullivan.

Dr Matteo Vergani, a Senior Lecturer in Sociology at Deakin University, said that the implications of online racism went well beyond digital platforms.

“On and offline harms are strongly interconnected. Targets of online hate are often targets of offline violence,” Dr Vergani said.

Sandy O’Sullivan, a Wiradjuri transgender/nonbinary ARC Future Fellow and Professor of Indigenous Studies at Macquarie University presented shocking statistics about the barrage of online hate, racism and transphobia they received when hosting @IndigenousX, a rotating Twitter account.

“1892 people wrote something blatantly racist, transphobic or unsurprisingly both,” Professor O’Sullivan said. “What do we do to challenge that? One of the things is making sure that the people who are subject to [racist hate] are the ones creating the [national anti-racism] framework."

Rita Jabri Markwell, a lawyer based with the Australian Muslim Advocacy Network (AMAN), said that online hate must be treated as a public harm, affecting groups and communities.

“We really need to shift [attention] towards the dehumanisation of group identity and hatred towards groups as an issue, not just harm directed at individuals…because it is a downstream consequence of allowing that hatred to run at a communal and a collective level,” Ms Jabri Markwell said.

The Kep Enderby Memorial Lecture is an annual public event held by the Australian Human Rights Commission to honour the memory of the Hon. Kep Enderby QC (1926-2015). As Attorney-General, Kep Enderby introduced into Parliament the Bill which would become the Racial Discrimination Act 1975 (Cth). The Memorial Lecture is held to advance public understanding and debate about the Racial Discrimination Act, racism and human rights.

The lecture was sponsored by the EU Delegation to Australia.

The theme of the lecture was Embracing Cultural Diversity in Australia, and a panel discussion followed the lecture with panellists Kupakwashe Matangira, Zaahir Edries and Jidah Clark.

In her address, Ms Pung spoke powerfully about the power of language and the role it plays to both re-enforce and breakdown racial barriers.

“Australia is culturally diverse. That’s a given. But language is used to lock the working-class out of discussions about race.” said Ms Pung.

“You can’t just throw a book at someone and rail at them for being stubbornly ignorant for refusing to read it, when they work with their hands. They might’ve been fixing their Sri Lankan neighbour’s tap for free for the past six months. They might know this stuff already, innately, from working in a production line with Burmese refugees.

“Sure, some books and essays can change people’s thoughts, but we have to undertake the follow-through action instead of wallowing in the feelings of those books and essays – the feelings of guilt, discomfort, shame.

“Because it’s not our responsibility to be as patient as possible, as accomplished as possible, as generous as possible, to be accepted as Australians and to fix racism."

The Kep Enderby Memorial Lecture is an annual public event held by the Australian Human Rights Commission to honour the memory of the Hon. Kep Enderby QC (1926-2015), who as Attorney-General introduced the Racial Discrimination Bill to parliament in 1975. Each year, the Lecture advances public understanding and debate about the Racial Discrimination Act 1975, racism and race relations.

The event was sponsored by the EU Delegation to Australia. H.E. Michael Pulch, EU Ambassador to Australia made the opening remarks noting that the European Union was founded on cultural diversity. He quoted Mme Simone Veil, the first woman to hold the Presidency of the European Parliament, who said notwithstanding the diversity of the European Parliament, their goals were the same – to achieve a community founded on the shared respect for fundamental human values.

The full speech and recording of the webinar is available via this link.

Wiyi Yani U Thangani—(Women’s Voices)—Securing Our Rights, Securing Our Future Report 2020 is a comprehensive, whole-of-life document and the result of over a hundred engagements with thousands of Aboriginal and Torres Strait Islander women and girls of all ages in remote, very remote, regional and urban communities. 

The Report calls for the urgent establishment of a National Action Plan, an advisory body and targets and benchmarks for women and girls to lead in all areas of life.  

“What we have here today, is not a report for the shelves; it’s a call to action. It’s a strengths-based message for all Australians to see, to hear, to learn of the remarkable resilience and capabilities of our women and girls, who have the solutions but lack a seat at the table,” said Commissioner Oscar.  

“The voices of our women and girls are on every page of this Report. This is their Report. 

“When my team and I embarked on this journey, we had no set agenda, no imposed framework. 

“We gave Indigenous women and girls the space to say what they wanted, to share their ideas, without fear or favour. That’s exactly what they did. My team and I have been moved by the sheer resilience of our First Nations women and girls, who despite ongoing disadvantage across all areas of life, continue to hold their communities and families together.” 
 

“To our First Nations women and girls; you have been heard and you will make a difference. And now, it’s time to put these recommendations into action, with the second stage of Wiyi Yani U Thangani, ” said Ms Oscar. 

The Report includes principles to guide change, seven overarching recommendations and a series of priority actions to enable communities to thrive and overcome profound disadvantage. 

Wiyi Yani U Thangani has been supported by a multi-year partnership with National Indigenous Australians Agency. It is the first national engagement project of its kind since the Women’s Business Report in 1986. 

The Report includes principles to guide change, seven overarching recommendations and a series of priority actions to enable communities to thrive and overcome profound disadvantage. 

Wiyi Yani U Thangani can be found here.