The global focus on these events reminds Australians of the unacceptably high rates of incarceration and deaths in custody of Aboriginal and Torres Strait Islander peoples. 

This was brought into sharp focus yesterday when a police officer in Sydney injured an Indigenous teenager, prompting an internal police investigation. 

Australia lost 432 Indigenous people in custody since the 1991 Royal Commission into Aboriginal Deaths in Custody.

First Australians are the most incarcerated people on the planet, making up just three percent of the population, but 28 per cent of our prison population. 

We continue to see the over-policing of Australian Indigenous people. Many are introduced to the justice system at a young age and remain in its grip for life. Over incarceration is arguably the most prominent example of generational and systemic discrimination.

“The injustice facing Aboriginal and Torres Strait Islander peoples is at the forefront of my mind and has been, long before the images of civil unrest and violence from the US dominated our television screens in the past week,” said Aboriginal Torres Strait Islander Social Justice Commissioner, June Oscar. 

“As we watch with concern at the developments in the USA, we should reflect on the task that remains at hand in Australia and undertake the long overdue reforms to our own justice system.

“For almost 30 years, we have referred to the Royal Commission and its recommendations, many that remain unimplemented. Meanwhile, Indigenous people continue to die in our so-called justice system.

“I know there is genuine desire for change across our justice system and within the police force.

But it will take the courageous leadership of our governments to commit to systems reform and not think the change we need will happen through individual actions alone,” said Commissioner Oscar.

The Commission calls for the recommendations of the Australian Law Reform Commission’s 2018 report, Pathways to Justice, to be fully implemented.

Race Discrimination Commissioner Chin Tan said: “The unrest we are seeing in the US right now is deeply saddening and serves as a warning of what is at stake when authorities fail to prevent injustice and unequal treatment of people from occurring. 

“Social cohesion depends on authorities honouring the trust placed in them to treat all people equally, with dignity, respect and fairness, regardless of race or ethnicity,” Mr Tan said.

The Commission also calls for all jurisdictions to implement wide-spread strategies and reforms to the justice system, including;

• Establishing independent complaints and investigation mechanisms for police misconduct and use of force.
• Ensuring appropriate monitoring of places of detention, in line with the UN Optional Protocol to the Convention against Torture and other Cruel, Degrading Treatment and Punishment (OPCAT) - including monitoring of police holding cells, transport and detention facilities.
• Working with Indigenous peoples to develop justice reinvestment programs. 

“Robust, independent oversight and monitoring is critical to ensure accountability and public trust in the police and justice system,” said Commissioner Oscar.

“The approach taken by governments to address the over-representation of Indigenous peoples in our justice system stands in stark contrast with the partnership approach and commitments made to closing the gap on health, education and employment.

“Let us pause, express our grief for our friends in America, and redouble our efforts to address our homegrown challenges. The answers are known and Indigenous people are standing ready to work with government to prevent this crisis in our communities,” said Commissioner Oscar.

From all points of the southern sky, we gathered in the centre of the country we’ve called home for more than 60 thousand years, to endorse a statement that would pave the way for First Nations peoples to have a voice enshrined in the Constitution. 

A voice for us to participate on all matters that affect us. Matters that for so long, have been decided by others who think they know our lives better than we do: they do not. 

On 26 May 2017, I joined hundreds of Aboriginal and Torres Strait Islanders to sign the Uluru Statement from the Heart. It was the culmination of months of dialogues in kitchens, footy stadiums, backyards and community halls. 

We knew that such statement would not be a magic-bullet that would overcome the stark contrast between the lives of those who are Indigenous and those who are not.

But this collective voice provided promise: rather than orbiting the central space of government policy, it carved a path for us to participate in those policies.

I was as proud then, as I am now, to see my signature alongside hundreds of others. Which takes me to something else….

Milestones.

They are to be celebrated, but not for celebration’s sake. 

We must do far more, than mark the passage of time between key events in our nation’s history.

We must do far more, than recognise the wrongs of the past.

We must do far more, than hold onto hopes and dreams, longing for a better life.

Because, we can do far, far more.

Today, I’m issuing a call to action. To every single Australian, in every corner of our country. 

All of us have a responsibility to reconcile the past with our present and to share the assets that are so richly available in this great country.

All of us are worthy and deserving of living to our fullest potential.

All of us should have access to high quality education, medical care, services and resources that enable – encourage even – us to live our very best lives.

But for Aboriginal and Torres Strait Island peoples, this is simply not the case. The statistics paint a dire picture of disadvantage, incarceration, poor education, economic, health and social outcomes. 

The statement is our chance to turn this around, to get a seat at the table, where we can make decision about our own lives. 

We know this would make a difference. We know it is fair. We know many Australians agree. And I can promise you, we won’t stop till we get it. 

The genesis of change, is you. 

There have been too many news reports of COVID-19 prompting racial abuse: A Chinese woman was spat on in a Sydney street (opens in new window), two students bashed in the Melbourne CBD (opens in new window), a family’s home vandalised (opens in new window) – to list just a few. But the story that struck me most was Jennifer Li’s.

Ms Li has been an Australian citizen for 15 years, having migrated from China. She had rarely experienced racism until COVID-19 struck. So in early April when Ms Li was physically and verbally assaulted in a racial attack (opens in new window), she was shocked. That shock grew into fear and outrage as she was racially abused three more times over the next four days, including with threatening messages left on her mobile phone. The police were unable to make a prosecution.  

Ms Li told me about her abuse in a series of emails last month, and I felt solidarity as a Chinese-Australian. Although anecdotal evidence and media reports suggest COVID-19 has prompted a spike in racism, there is very little data available that can provide a more detailed picture of what is happening.  

In February, the Commission recorded more complaints under the Racial Discrimination Act than at any time over the past twelve months. Since then the rate of complaints has been within the usual range, albeit towards the high end. One third of all racism complaints made to the Commission since the start of February have been related to COVID-19.

This information has been widely quoted in the media. But although our statistics are truthful and accurate, they do not tell the full story of what is happening in the community, nor do they illustrate the sustained spike in racism that has been widely observed. This is because the Commission’s data only captures complaints it receives that allege a breach of the Racial Discrimination Act, and the volume of these is fairly small in statistical terms. 

The great demand for the Commission’s race complaints data – in spite of its limitations being explained to all journalists who enquire – indicates the desperate need for better reporting of racial abuse.  

Police statistics about racially motivated crime would likely provide a better indication of the increase in racism seen during the pandemic, but most state and territory police do not comprehensively record this data. Enquiries five years ago by Australia’s foremost researcher in bias crime, Professor Gail Mason at Sydney University, found only NSW, Victoria and Queensland said they systematically collect information about crimes motivated by prejudice.

In the wake of the Christchurch massacre last year, former NSW Police Commissioner Nick Kaldas highlighted the need for better police reporting of hate crimes (opens in new window). As Kaldas said, Australia is way behind countries like the US and UK, and information about race hate crimes is vital in addressing right wing extremism. More recently ASIO chief Mike Burgess labelled far-right groups Australia’s most challenging security threat (opens in new window).

The Australian Human Rights Commission would like to learn more about how police collect bias crime data and how it could inform our anti-racism work. I have recently written to all Police Commissioners about this.  

Many forms of racism, however, are not criminal in nature. Where can a person go if a stranger verbally hurls racial abuse at them in the street, or online? It’s not usually a matter police would investigate, and in many instances there are practical difficulties in identifying the perpetrator.

At the very least, victims of racial abuse should expect that their experience will be recorded, counted and considered. 

Current reporting mechanisms are ad-hoc, as there is no agency tasked with recording racism across all areas. To fill the void, some data is collected by groups including the Online Hate Prevention Institute (opens in new window), the Executive Council of Australian Jewry (opens in new window), the Islamophobia Register (opens in new window), and Reconciliation Australia (opens in new window). The Asian Australian Alliance has recently begun recording incidents of COVID-19 related racism (opens in new window). But there is no cohesion in how these groups collect, evaluate and report data. 

Given recent trends towards increased extremism and hate, there is need for a more systemic approach to collecting data about racism, whether criminal or not. In its absence, policy and resourcing decisions are being made without much needed information. It is hard to get ahead of any problem without a detailed understanding of its pervasiveness, localities and settings, where it is experienced most, and how it manifests.  

Comprehensive collection and evaluation of data should be a cornerstone of a national anti-racism strategy, as it would tell us how we are doing at combating racism. It would tell us where hotspots are and where we need to focus our attention. It would provide a true indication of trends that need addressing, such as the spike in racism prompted by COVID-19. And, most importantly, it would mean anyone who experiences or witnesses racism could have confidence their story would support efforts to stamp out racism altogether.

In her initial email to me, Ms Li wrote: “I am really, really, really frustrated and disappointed, but I will still keep doing the right things that I believe in good faith. But at this stage, I’ve really lost track of where and who should I report what has been happening, and how to address the problem to give a voice to the Chinese-Australian community.”

Ms Li and every other victim of racial abuse or discrimination deserve to have their experiences heard and taken seriously.  

Find the open letter online here

As I have said before, COVID-19 has nothing to do with race or nationality—and neither fear of the virus nor frustration at the difficulties we all face are excuses for abusing people based on race, nationality or ethnicity. 

Incidents of racial discrimination, harassment and hate, harm our collective wellbeing at a time when we must work together. Now more than ever, all Australians must reject racism and show each other kindness and respect.

This period of isolation, uncertainty and fear is a time when our support for one another will make an important difference to how we all survive these difficult times. We are all in this together, and social cohesion has never been more important.

As the virus first arrived in Australia, people of Chinese and other Asian backgrounds suffered discrimination, often from those fearful of contracting it. They were discriminatorily barred from restaurants, schools and other areas of public life. They were subject to verbal abuse—and worse.

More recently, frustration at the disruption, confinement and hardship so many people are facing has led to even more aggressive forms of racism. People of Asian and other diverse backgrounds have been targeted with vitriolic and sometimes violent or other criminal forms of abuse. 

Throughout the crisis, I have joined politicians and other community leaders in publicly condemning these incidents of racism in the strongest possible terms. COVID-19 has nothing to do with race or nationality—and neither fear of the virus nor frustration at the difficulties we all face are excuses for abusing people based on race, nationality or ethnicity. 

As I have said repeatedly in media interviews, these incidents harm our collective wellbeing at a time when we need to be working together, and I urge all people in Australia to show kindness and support each other in these difficult times. We are all in this together, and social cohesion is more important now than ever.

I am advocating for a national response to racism arising from the pandemic—in meetings with community leaders and representatives from all levels of government, including the Acting Federal Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs. It has been heartening to see the Prime Minister and Leader of the Opposition, among other political leaders, unanimously condemn racism and stand in solidarity with the Chinese community and other victims of racial abuse. 

In addition to the data the Commission is collecting on incidents of racism in relation to COVID-19, several other groups have also begun tracking these incidents, and I have reached out to academics, community stakeholders, police and other allies for intelligence and to facilitate data sharing.

It is the responsibility of all Australians to stand up to racism, because racism only thrives when communities fail to say ‘No’. You can find out more about our anti-racism initiatives including information about bystander action on our ‘Racism. It Stops with Me’ website.

It is also important that people from culturally and linguistically diverse backgrounds can access the information and support they need throughout the crisis. SBS has created an excellent information portal about COVID-19 in a multitude of languages. The Commission has also made it easier to access information about our complaints process in diverse languages.

It’s important at this time that we listen to the health experts, such as the National Aboriginal Community Controlled Health Organisation (NACCHO), follow their advice, and avoid visiting remote communities and putting them at risk. I have been appalled at reports from organisations such as the Australian Indigenous Doctors' Association (AIDA) of racism within the healthcare system (opens in new window, PDF, 243KB). Racism is never OK, but at a time like this is it particularly damaging.

Indigenous peoples still experience significant health inequality and this failure to close the gap in healthcare has put our people at increased risk. As co-Chair of the Close the Gap campaign, I am calling for urgent systemic reform (opens in new window).

Together with ANTaR, the Commission helped launch this year’s Close the Gap report (opens in new window), written by the Lowitja Institute. The report outlines 14 recommendations for the structural reforms needed to improve healthcare, social and economic outcomes. The report was launched online for the first time this year on Close the Gap Day (19 March) and I was interviewed by NITV (opens in new window). Being online-only didn’t stop us making our voices heard and #CloseTheGap was the top trending non-COVID-19 topic on Twitter in Australia that day.

Aside from healthcare inequality, I’m worried about the impacts of emergency measures on people in Indigenous communities with drug and alcohol addictions, and for people experiencing homelessness and domestic violence. They need extra support at this time.

I am also concerned that increased police powers could lead to further disproportionate targeting of Indigenous people, leading to more fines and even higher incarceration rates than the shocking levels of unnecessary over-incarceration we already have.

The current system takes an interventionist, punitive top-down approach—and that approach is broken. What's needed is a community-led, trauma-informed preventative approach that tackles the entrenched social and economic disadvantage behind most of the minor crimes our people are incarcerated for. I spoke to ABC News about this issue (opens in new window).

In a joint statement, they said: “The Christchurch massacre was deeply traumatic for New Zealand’s Muslim community. That trauma has echoed throughout the Muslim community in Australia and internationally.”

“One year on, we bear witness to the suffering inflicted on so many innocent people, and we pay tribute to the strength and resilience of a community that has endured terrible pain with great compassion.”

“Following the tragedy we met with leaders of the Muslim community, and with other religious leaders. We listened to the serious harms people of faith too frequently experience as a result of discrimination, and are developing an action plan in response. The Commission also initiated the ‘Sharing the Stories of Australian Muslims’ project, which examines the experiences of Australian Muslims.”

“We are extremely concerned at data from last year’s Islamophobia Report, which showed an increase in incidents of severe racism towards Australian Muslims.”

“The growing presence of far-right extremism in Australia and internationally is also of great concern because it threatens community safety, and because it shows we still have much work to do in eliminating racism and xenophobia.”

“Far-right extremism thrives in societies that fail to say ‘No’ to racism and to discrimination against people on the basis of religion. That’s why it is the responsibility of all Australians to stand up to racism and xenophobia wherever they appear.”

“We stand in solidarity with the Muslim community at this time of mourning. We reflect on the extreme hurt the Christchurch massacre caused, and we recommit to working with the Australian public to eliminate racism and xenophobia.”