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Uniting church says racism a sin as it joins fight against RDA changes Uniting church says racism a sin as it joins fight against RDA changes
(4 months later)
The Uniting church says racism is a “sin” and has joined ethnic communities and the New South Wales Bar Association in calling on the Abbott government to drop its proposed changes to the Racial Discrimination Act. The Uniting church says racism is a “sin” and has joined ethnic communities and the New South Wales Bar Association in calling on the Abbott government to drop its proposed changes to the Racial Discrimination Act.
The church has joined a range of ethnic, religious and other groups to lodge submissions to the attorney general, George Brandis, regarding his draft reforms to the RDA. The changes widen the exemptions for public debate and remove “offend, insult and humiliate” from the act. The draft adds “vilify”, though with a more narrow definition.The church has joined a range of ethnic, religious and other groups to lodge submissions to the attorney general, George Brandis, regarding his draft reforms to the RDA. The changes widen the exemptions for public debate and remove “offend, insult and humiliate” from the act. The draft adds “vilify”, though with a more narrow definition.
The national director of Uniting church’s justice and advocacy unit, Elenie Poulos, said if the changes went ahead, people subjected to racial abuse would be left without protection.The national director of Uniting church’s justice and advocacy unit, Elenie Poulos, said if the changes went ahead, people subjected to racial abuse would be left without protection.
“Racism is a sin, a denial of human dignity that erodes trust in society,” Poulos said. “We must do all we can as a society to rid ourselves of bigotry and prejudice.”“Racism is a sin, a denial of human dignity that erodes trust in society,” Poulos said. “We must do all we can as a society to rid ourselves of bigotry and prejudice.”
The NSW Bar Association submission states no case had been made for the changes and any reforms should be preceded by a “rigorous and comprehensive review” of the laws to determine any deficiencies.The NSW Bar Association submission states no case had been made for the changes and any reforms should be preceded by a “rigorous and comprehensive review” of the laws to determine any deficiencies.
The association described the widening of exemptions for public debate in subsection 4 as “objectionable” and its effect was to remove any “meaningful content”. Currently, the act exempts public debate as long as it is done “reasonably and in good faith”.The association described the widening of exemptions for public debate in subsection 4 as “objectionable” and its effect was to remove any “meaningful content”. Currently, the act exempts public debate as long as it is done “reasonably and in good faith”.
Submissions to the draft reforms close on Wednesday 30 April and those released in the public domain have been overwhelmingly negative. Notable individuals opposed to the changes include eminent lawyer Professor Ben Saul and Emeritus Professor Clive Kessler. Many of the concerns centre on the removal of prohibitions on speech causing offence and the removal of exemptions for public debate. Submissions to the draft reforms close on Wednesday 30 April and those released in the public domain have been overwhelmingly negative. Notable individuals opposed to the changes include eminent lawyer Professor Ben Saul and Emeritus Professor Clive Kessler. Many of the concerns centre on the removal of prohibitions on speech causing offence and the removal of exemptions for public debate.
The Executive Council of Australian Jewry’s submission calls for the entire draft to be abandoned as no case had been made by the government for the repeal.The Executive Council of Australian Jewry’s submission calls for the entire draft to be abandoned as no case had been made by the government for the repeal.
The submission, authored by president Robert Goot and executive director Peter Wertheim, also accused Brandis of changing his position after private undertakings to community groups.The submission, authored by president Robert Goot and executive director Peter Wertheim, also accused Brandis of changing his position after private undertakings to community groups.
“We acknowledge and appreciate the fact that prior to publishing the exposure draft, the attorney general consulted privately and informally with our organisation and representatives of other communities, although the exposure draft bears no resemblance to what we and other community representatives understood were the upshot of those discussions,” the submission says.“We acknowledge and appreciate the fact that prior to publishing the exposure draft, the attorney general consulted privately and informally with our organisation and representatives of other communities, although the exposure draft bears no resemblance to what we and other community representatives understood were the upshot of those discussions,” the submission says.
The Coalition committed to change the RDA after the a federal court judge in 2011 found that conservative commentator Andrew Bolt breached 18C by publishing newspaper articles that questioned the motivations of fair-skinned people who identified as Aboriginal. Brandis has said the changes were required because the RDA constrained freedom of speech.The Coalition committed to change the RDA after the a federal court judge in 2011 found that conservative commentator Andrew Bolt breached 18C by publishing newspaper articles that questioned the motivations of fair-skinned people who identified as Aboriginal. Brandis has said the changes were required because the RDA constrained freedom of speech.
Brandis met community groups in January. At the time, he reportedly offered to make racial vilification a criminal offence at the commonwealth level in return for changes to 18C. Currently, section 80.2A of the commonwealth criminal code outlaws incitement to racial violence but not racial hatred.Brandis met community groups in January. At the time, he reportedly offered to make racial vilification a criminal offence at the commonwealth level in return for changes to 18C. Currently, section 80.2A of the commonwealth criminal code outlaws incitement to racial violence but not racial hatred.
"It seems to me section 80.2A of the commonwealth criminal code is probably too narrowly drawn," Brandis told The Australian in January."It seems to me section 80.2A of the commonwealth criminal code is probably too narrowly drawn," Brandis told The Australian in January.
"My position is that we can have better anti-vilification laws while at the same time removing those provisions of the Racial Discrimination Act which, as occurred famously in the Bolt case, prevented the expression of opinion merely because it offended a group.""My position is that we can have better anti-vilification laws while at the same time removing those provisions of the Racial Discrimination Act which, as occurred famously in the Bolt case, prevented the expression of opinion merely because it offended a group."
However, Brandis has since dropped the idea of a criminal offence and issued the draft to repeal Part IIA, or 18 B, C, D and E of the act.However, Brandis has since dropped the idea of a criminal offence and issued the draft to repeal Part IIA, or 18 B, C, D and E of the act.
In its submission, the Australian Human Rights Commission said the RDA could be clarified to confirm that Part IIA deals with “profound and serious effects, not to be likened to mere slights”.In its submission, the Australian Human Rights Commission said the RDA could be clarified to confirm that Part IIA deals with “profound and serious effects, not to be likened to mere slights”.
But the commission is concerned about the narrow definition given to “vilification”, saying “this term should be given its ordinary meaning, including conduct that is degrading”.But the commission is concerned about the narrow definition given to “vilification”, saying “this term should be given its ordinary meaning, including conduct that is degrading”.
It is also concerned about the narrow definition given to “intimidate”.It is also concerned about the narrow definition given to “intimidate”.
“This term should be given its ordinary meaning, which recognises that intimidation is not limited to causing fear of physical harm but includes conduct causing emotional or psychological harm,” the submission says.“This term should be given its ordinary meaning, which recognises that intimidation is not limited to causing fear of physical harm but includes conduct causing emotional or psychological harm,” the submission says.
The chair of the Australian Multicultural Council, Rauf Soulio, said there was a misconception that 18C only provided protection to “minority groups and their special interests”.The chair of the Australian Multicultural Council, Rauf Soulio, said there was a misconception that 18C only provided protection to “minority groups and their special interests”.
“What is overlooked is that the existing law operates equally against the introduction into Australia of racial hatreds from overseas conflicts and the proliferation of home-grown sources of racism,” he said in his submission.“What is overlooked is that the existing law operates equally against the introduction into Australia of racial hatreds from overseas conflicts and the proliferation of home-grown sources of racism,” he said in his submission.
A submission from Western Australian ethnic communities by Steve Lieblich, Jewish Community Council of WA, included groups representing Muslims, Jews, Sikhs, Indians, Turks and Somalis.A submission from Western Australian ethnic communities by Steve Lieblich, Jewish Community Council of WA, included groups representing Muslims, Jews, Sikhs, Indians, Turks and Somalis.
“We stress that psychological damage should not be underestimated or belittled in comparison to violence or threats of violence,” the submission said.“We stress that psychological damage should not be underestimated or belittled in comparison to violence or threats of violence,” the submission said.
“Survivors of the Holocaust who have witnessed the most horrific acts of violence imaginable often describe the humiliation that they experienced as more destructive than the violence. The humiliation was often the cause of a loss of will to survive.“Survivors of the Holocaust who have witnessed the most horrific acts of violence imaginable often describe the humiliation that they experienced as more destructive than the violence. The humiliation was often the cause of a loss of will to survive.
“Racially-discriminatory public statements are therefore, to some Australians, reminiscent of events that are part of their most horrible memories.“Racially-discriminatory public statements are therefore, to some Australians, reminiscent of events that are part of their most horrible memories.
“Their impassioned response, critical of the proposed reforms to the Racial Discrimination Act 1975 ... are motivated by a deep-seated fear that we may get the balance wrong (between freedom of speech and protection from racial discrimination) and therefore risk history being repeated.”“Their impassioned response, critical of the proposed reforms to the Racial Discrimination Act 1975 ... are motivated by a deep-seated fear that we may get the balance wrong (between freedom of speech and protection from racial discrimination) and therefore risk history being repeated.”
The attorney-general’s office did not return Guardian Australia’s calls.The attorney-general’s office did not return Guardian Australia’s calls.