ICC 29: Session 5 - Adopting a Human Rights Based Approach to Confronting Intolerance, Racism and Xenophobia
Opening Statement by the Australian Human Rights Commission
Padma Raman
Thank you, Chair.
I am pleased to deliver the opening statement for this session, on behalf of the Australian Human Rights Commission.
Each national human rights institution has a distinct role to play to promote human rights within their respective countries. Although progress on individual rights may differ, the global trend over the last twenty years has moved from a recognition of human rights towards a greater realisation of these rights.
Yet humanitarian crises in Syria and in other regions of conflict have resulted in a significant erosion of human rights. These conflicts have resulted in the highest number of displaced persons since the Second World War, a consequence not solely burdened on specific States. Nearly all governments have had to contend with these issues, at times developing stricter immigration policies in the name of national security and border control. It is within this context that society has had to grapple with increases in intolerance, racism and xenophobia. It is also within this environment that NHRIs are confronted with the correlated breaches of human rights.
In opening this session, I want to share the guiding principles and work of the Australian Human Rights Commission, hoping that some of our practices can be replicated within your own domestic approaches.
Australia is a successful multicultural society. A significant proportion of Australia’s population are immigrants or children of immigrants. Migrants enjoy equal rights, with statistics indicating that many children of migrants outperform native borne Australians.[1] A recently conducted survey showed that 84% of respondents agreed that multiculturalism has been good for Australia.[2]
However, like all other countries, concerns remain about the threat of terrorism both internationally and domestically. The actions of a few can sometimes be seen as the view of a majority, which can lead to cases of racism and intolerance.
The Australian Human Rights Commission has long been working to combat racial discrimination. We have a statutorily appointed Race Discrimination Commissioner and have strong anti-discrimination legislation that has been in force for 40 years.[3] The Commission under its complaint handling function, receives complaints of alleged discrimination on the basis of race and racial hatred. Our investigation and conciliation service provides a free and impartial mechanism for parties to resolve matters without needing to go to a court. The service plays an important role in educating the public of their rights and it also provides an avenue for people to access justice in a timely, cost free and informal manner. Many of the complaints resolved through our investigation and conciliation service go beyond individual compensation and often include systemic outcomes such as anti-discrimination training or changes in policy.[4]
The legislative framework forms an integral part of the Commission’s work in combating racism and prejudice. The Commission has also sought to address the broader social norms that can lead to racism and prejudice. We have done this by empowering people to address racism themselves whether it is an experience they have had personally or been a bystander to such behaviour
National Anti-Racism Strategy
In 2011, the Australian Government made a commitment to a comprehensive National Anti-Racism Strategy, which the Commission was charged with developing and implementing. The Strategy was launched in 2012, along with a nationwide public awareness campaign Racism. It Stops with Me.
The Strategy is partner-based, with a focus on public awareness, education and youth engagement. It was developed after consultation with the community and other key stakeholders. This rationale was underpinned by our belief that any human rights based approach must provide the option for people to participate in decisions that affect their rights. People were invited to participate in the consultation process by attending a public meeting, making a formal submission to the discussion paper, making an online submission and completing an online survey.
The objectives of the Strategy are to:
· Create awareness of racism and its effects on individuals and the broader community;
· Identify, promote and build on good practice initiatives to prevent and reduce racism; and
· Empower communities and individuals to take action to prevent and reduce racism and to seek redress when it occurs.
The Strategy achieves its objectives through the Campaign and through a series of strategic projects designed to reduce racism, support diversity and build social cohesion in priority areas.
The Strategy is informed by the following key principles:
· Building empathy and promoting dialogue about racism;
· Focusing on changing behaviours as much as changing attitudes;
· Addressing institutional or organisational racism and involving a range of coordinated interventions, which are supported by management;
· Adapting strategies to different settings and audiences, including local settings;
· Using complementary strategies and working at multiple levels, including at the individual, organisational, community and societal levels;
· Engaging with people with relatively moderate racist views, rather than those who are particularly intolerant; and
· Targeting anti-racism initiatives towards priority areas, including workplaces, education and sport.[5]
In March 2012, the Commission published a discussion paper on the Strategy which was made accessible in 26 languages.
This process alongside engagement with key stakeholders within Government and civil society was an important part of developing the strategy.
The ‘Racism. It Stops with Me’ campaign is aimed at empowering communities and individuals to take action while also promoting good practice initiatives. The Campaign encourages individuals and organisation to become supporters. Supporters of the campaign have each been asked to endorse the campaign publicly, promote the campaign through their communication channels and identify activities that their organisation could undertake to support their stance against racism.
The Campaign has been an effective way of empowering people in combating racism and prejudice. Of the supporters surveyed, 93% informed their staff and clients of their support for the Campaign. 58% of surveyed supporters used the Campaign to initiate anti-racism policies or training within their organisations.[6]
These figures are reflective of the Commission’s approach of providing beneficial support to our supporters so that they can address issues of racism and prejudice within their own organisations.
Along with the Campaign, the National Anti-Racism Strategy has led to the Commission developing a wide range of resources. These include:
· training to address systemic racism against Aboriginal and Torres Strait Islander people in government services;
· a workplace cultural diversity tool for employers;
· education resources for schools;
· an online resource for young people;
· diversity training for police; and
· resources for local government for building social cohesion.[7]
This approach has been effective because it strategically targets key groups such as Aboriginal and Torres Strait Islanders and culturally and linguistically diverse communities. The resources also target certain areas of public life such as employment, police and government, where discrimination may persist.
A human rights based approach to combating intolerance, racism and xenophobia will always stem from the human rights obligations of States. Equality and non-discrimination and the respective rights set out in the international covenants and conventions are an excellent starting point. But when approaching individual stakeholders it is important to listen to your audience through consultations, understand their needs and develop a policy, strategy or campaign in light of that information.
For example, government may be more receptive to combating intolerance, racism and xenophobia when it is framed as an effort to attain mutual respect and greater social cohesion. Employers may see the economic value of greater cultural diversity and inclusion.
The Commission’s National Anti-Racism Strategy is a robust approach to combating racism and intolerance. I hope some of the practices of the Australian Human Rights Commission prove useful within your domestic contexts. Confronting intolerance and racism is never an easy task, but the role of NHRIs to help those most vulnerable is an integral part of our work. It is when rights are at risk of being eroded, that we must be most vigilant to meet this challenge. Thank you.
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[1] OECD Family Database, CO3.6: Percentage of immigrant children and their educational outcomes (2012). At http://www.oecd.org/els/soc/49295179.pdf
[2] Scanlon Foundation, 2014 Mapping Social Cohesion Report (2014) p 4. At http://scanlonfoundation.org.au/wp-content/uploads/2014/10/2014-Mapping-Social-Cohesion-Report.pdf
[3] Racial Discrimination Act 1975 (Cth)
[4] Australian Human Rights Commission, Corporate Plan 2015-2016, p 18
[5] Australian Human Rights Commission, National Anti-racism Strategy and Racism. It Stops With Me Summary Evaluation and Future Direction (2015) p 17. At https://www.humanrights.gov.au/our-work/race-discrimination/publications/national-anti-racism-strategy-and-racism-it-stops-me
[6] Ibid p 35
[7] Resources are available at https://www.humanrights.gov.au/our-work/race-discrimination