Australia’s record on racial equality under the microscope



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The Committee on the Elimination of Racial Discrimination has begun its two-day review of Australia’s record on racial equality.
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Fiona McGaughey, University of Western Australia

Overnight in Geneva, the United Nations Committee on the Elimination of Racial Discrimination (CERD) began its two-day review of Australia, asking government representatives to explain their progress in promoting racial equality and tackling racism.

The CERD notified the government in advance of the key focus areas of the review. Not surprisingly, these include the situation of Indigenous people, and of migrants, asylum seekers and refugees; racist hate speech and hate crimes; and human rights and anti-racism protections in Australia’s laws and policies.

What is the CERD?

Australia has ratified seven of the nine core human rights treaties. Each treaty has its own treaty monitoring body, like the CERD, comprised of independent experts who are nominated by governments but do not represent them.

These bodies monitor states’ compliance with their international law obligations as set out in the treaty, primarily through periodic reporting.

Most recently, Australia received criticism from another one of these bodies, the Human Rights Committee, which highlighted shortcomings in relation to Indigenous rights, treatment of asylum seekers and refugees, and the lack of a national bill of rights.


Read more: UN slams Australia’s human rights record


It is often overlooked that of these nine core treaties, the International Convention on the Elimination of Racial Discrimination (ICERD), was actually adopted before any of the others. The CERD became operational in 1970, and ICERD is now the third most commonly ratified UN human rights treaty, with 177 states signed up.

Australia and CERD – the background

The CERD last reviewed Australia’s record in 2010.

The recommendations made in 2010 contained 21 specific actions for the government. These included the recognition of Aboriginal and Torres Strait Islanders as First Nations Peoples, supporting the proper performance of the Australian Human Rights Commission, appointing a Race Discrimination Commissioner, and addressing Indigenous contact with the criminal justice system.

Like many other UN human rights bodies, in 2010 the CERD also recommended that Australia review its mandatory detention regime of asylum seekers, with a view to finding an alternative to detention and ensuring that the detention of asylum seekers is always a measure of last resort.

Another recommendation in 2010 was that Australia criminalise the dissemination of racist ideas and incitement to racial hatred or discrimination.

In this regard, Australia has formally limited its obligations by having a reservation to the relevant article of the treaty. Reservations allow states to commit to treaty obligations, but with caveats.

Despite criticisms of Section 18C of the Racial Discrimination Act and suggestions that the federal parliament may even have exceeded its external affairs power by going further than was required by the ICERD treaty, the reality is that Australia lacks comprehensive criminal sanctions against incitement to racial hatred. Many other countries have such criminal laws in place.

On Tuesday in Geneva, the government will continue to seek to convince the CERD that it has made progress on these recommendations. It could refer to the appointment of a Race Discrimination Commissioner at the Human Rights Commission, for example Where it has not made good progress, it will be expected to provide explanations.

The last two reviews of Australia by the CERD in 2010 and 2005 were carried out in typical diplomatic mode – the review is called a “constructive dialogue”.

However, Australia’s review by the CERD in 2000 is famous in human rights circles, as there were unusually heated exchanges between Philip Ruddock and one of the committee members.


Read more: With a seat on the UN Human Rights Council, Australia must fix its record on Indigenous rights


The events were captured by Spencer Zifcak in his book, Mr Ruddock goes to Geneva. Subsequently, the then foreign minister, Alexander Downer, said:

… if a United Nations committee wants to play domestic politics here in Australia, then it will end up with a bloody nose.

Australia has more recently also rejected the authority of UN human rights bodies, but conversely has just been appointed to the UN Human Rights Council and will take up its seat in 2018.

The Human Rights Committee, one of the aforementioned seven treaty bodies, is sometimes confused with the Human Rights Council – a completely separate UN human rights body. The Human Rights Council is the key UN human rights body, a more politicised entity.

Who actually holds Australia to account?

Being subject to reviews by international human rights bodies is important for the upholding of human rights in Australia – we are currently the only sestern democracy lacking a statutory or constitutional bill of rights.

Also, unlike many other states, we are not part of a regional human rights framework.

Several interested parties made submissions to the CERD and delegates are in Geneva for informal briefings with the committee members. They will inform the committee of the key concerns they have about the government’s progress. NGOs have already made the committee aware of the situation on Manus Island.

My research has found that such submissions can be quite influential and help shape the recommendations eventually delivered by the committee. However, mechanisms to ensure the government implements the recommendations are lacking.

Therefore, those in civil society with an interest in racial equality, NGOs, academics, trade unions and others should be aware of the recommendations and encourage the government to progress their implementation.

What happens next?

The CERD will finish its review of Australia today, which should be available to view via webcast.

The ConversationIn a few weeks, the committee will hand down its concluding observations, containing recommendations for the Australian government.

Fiona McGaughey, Lecturer, Law School, University of Western Australia

This article was originally published on The Conversation. Read the original article.

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Racism is real, race is not: a philosopher’s perspective



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There are no races – biological or social – only racialised groups.
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Adam Hochman, Macquarie University

We live in a richly diverse country, populated by Indigenous Australians, recent immigrants, and descendants of relatively recent immigrants. Some feel threatened by this diversity; some relish it.

Most of us, I think, are unsure quite how to talk about it.

We have many words to describe diversity. We ask people about their ancestry, their ethnicity, and – most awkwardly – their “background”. We seem least comfortable asking people about their “race”, and with good reason.


Read more: The markers of everyday racism in Australia


Racial classification has been used to justify some of the most heinous crimes of modernity, including those committed on our own shores. Asking people about their “race” can make you sound a bit, well, racist.

Yet “racial” classification is still commonplace. Many articles in The Conversation use the term “race” to describe human diversity. For example, one asks what’s behind racial differences in restaurant tipping?, while another tells us that infants learn to distinguish between races.

Racialised groups

What justifies the continued use of racial classification? Nothing, or so I argue in Replacing Race, an open-access article published recently in the philosophy journal Ergo.

I argue that there are no races, only racialised groups – groups that have been misunderstood as biological races.

The reader may object – “surely, I can see race with my bare eyes!” However, it is not race we see, but the superficial visible biological diversity within our species: variation in traits such as skin colour, hair form and eye shape. This variation is not enough to justify racial classification. Our biological diversity is too small, and too smoothly distributed across geographic space, for race to be real.

This is not merely an opinion. From a scientific perspective, the best candidate for a synonym for “race” is “subspecies” (the classification level below “species” in biology). When scientists apply the standard criteria to determine whether there are subspecies/races in humans, none are found. In chimpanzees yes, but in humans no.


Read more: Human races: biological reality or cultural delusion


Racial classification is unscientific. However, humanities scholars have their own justifications for race-talk. Many argue that while there are no biological races, there are social races. Race, as philosophers put it, is a social kind.

In my view, the redefinition of race as a social kind has been a major mistake. Most people still think of race as a biological category. By redefining it socially, we risk miscommunicating with each other on this fraught topic.

Race does not exist

Not only is the redefinition of race as a social kind confusing, I argue that race does not exist even as a social kind. Racism is real, in both an interpersonal and a structural sense, but race is not.

Once the idea of race is divorced from biology, strange things start happening, conceptually. What makes a group a “race”, if race is social, rather than biological?

We could say that races are just the groups that are labelled as races, but this doesn’t work. Just as witches are not women accused of being witches, races are not merely groups labelled as races. There has to be something more to the group for it to qualify as a social kind.

Nobody has put their finger on this “something more”. Some tie “race” to “essentialism”. Essentialism is the view that groups have essenses: fixed traits that all members of a group have, and which are unique to that group. “Social races”, on this view, are groups treated as if they have some unchangeable essence.

This move fails. While racialisation is often essentialising, it is not always. If you look at current “scientific” racism, you’ll see that it’s all about alleged inborn average differences between the so-called “races”, not racial essences (which does not make it any less horrid, or more plausible).

Moreover, essentialist thinking is not only applied to racialised groups. Gender is also essentialised, and so is ethnicity.

Remember when I said strange things start happening when race is defined socially? Well, if races are social groups subject to essentialism, we would have to accept that men and women constitute de facto races!

Let’s abandon “race”

We should abandon attempts to save the category of race. There is no good way to make sense of the category from a biological or a social perspective. There are no races, only groups misunderstood as races: racialised groups.

Racialised groups are not biological groups, in the sense that they are not biological races. Yet how you are racialised does depend on superficial biological characteristics, such as skin colour. That is to say, racialised groups have biological inclusion criteria, vague and arbitrary as they may be.

These biological inclusion criteria are determined by social factors. Philosophical debates about “race” have relied on a dichotomy between the biological and the social. However, this is a false dichotomy: the biological and the social interact.

In racialisation, the biological and the social interact with a number of other factors: administrative, cultural, economic, geographic, gendered, historical, lingual, phenomenological, political, psychological, religious, and so on. I call this view “interactive constructionism about racialised groups”.

The category of the “racialised group” can be of great value, politically. It offers a way for those who have historically been treated as members of “inferior races” to assert and defend themselves collectively, while distancing themselves from the negative and misleading associations of the term “race”. “Race” is not needed for purposes of social justice.

According to researcher Victoria Grieves in her article Culture, not colour, is the heart of Aboriginal identity,

Being of Aboriginal descent is crucial because this is our link to country and the natural world. But at the same time, Aboriginal people do not rely on a race-based identity … continuing cultural values and practice are the true basis of Aboriginal identity in the whole of Australia today

The category of race is not needed for cultural identity or political action.

The ConversationWe need to be talking about racism, racialisation, and racialised groups, not “race”. Given that “race” fails as both a biological and a social category, let’s consign it to the dustbin of history’s bad ideas.

Adam Hochman, Lecturer, Macquarie University

This article was originally published on The Conversation. Read the original article.

Australian Politics: 13 July 2013


The race to fill seats that will fall vacant at the next federal election is heating up as time runs out for the process to be completed. For more visit the link below:

http://www.theaustralian.com.au/national-affairs/alp-enforcers-back-down-on-preselections/story-fn59niix-1226678879974

The race for Lalor is beginning to become a little clearer with various candidates withdrawing from the preselection process. For more visit the link below:

http://bigpondnews.com/articles/TopStories/2013/07/13/Clutterham_withdraws_from_Lalor_race_887660.html

Religious Conversion Worst Form of ‘Intolerance,’ Bhutan PM Says


Propagation of religion is allowable – but not seeking conversions, top politician says.

THIMPHU, Bhutan, April 13 (CDN) — In the Kingdom of Bhutan, where Christianity is still awaiting legal recognition, Christians have the right to proclaim their faith but must not use coercion or claim religious superiority to seek conversions, the country’s prime minister told Compass in an exclusive interview.

“I view conversions very negatively, because conversion is the worst form of intolerance,” Jigmi Yoser Thinley said in his office in the capital of the predominantly Buddhist nation.

Christian leaders in Bhutan have told Compass that they enjoy certain freedoms to practice their faith in private homes, but, because of a prohibition against church buildings and other restrictions, they were not sure if proclamation of their faith – included in international human rights codes – was allowed in Bhutan.

Prime Minister Thinley, who as head of the ruling party is the most influential political chief in the country, said propagation of one’s faith is allowed, but he made it clear that he views attempts to convert others with extreme suspicion.

“The first premise [of seeking conversion] is that you believe that your religion is the right religion, and the religion of the convertee is wrong – what he believes in is wrong, what he practices is wrong, that your religion is superior and that you have this responsibility to promote your way of life, your way of thinking, your way of worship,” Thinley said. “It’s the worst form of intolerance. And it divides families and societies.”

Bhutan’s constitution does not restrict the right to convert or proselytize, but some Non-Governmental Organizations have said the government effectively limits this right by restricting construction of non-Buddhist worship buildings and celebration of some non-Buddhist festivals, according to the U.S. Department of State’s 2010 International Religious Freedom Report.

It adds that Bhutan’s National Security Act (NSA) further limits proclamation of one’s faith by prohibiting “words either spoken or written, or by other means whatsoever, that promote or attempt to promote, on grounds of religion, race, language, caste, or community, or on any other ground whatsoever, feelings of enmity or hatred between different religious, racial, or language groups or castes and communities.” Violation of the NSA is punishable by up to three years’ imprisonment, though whether
any cases have been prosecuted is unknown, according to the State Department report.

Bhutan’s first democratic prime minister after about a century of absolute monarchy, Thinley completed three years in office last Thursday (April 7). While he affirmed that it is allowable for Christians to proclaim their faith – a practice commanded by Christ, with followers agreeing that it is the Holy Spirit, not man, that “converts” people – Thinley made his suspicions about Christians’ motives manifest.

“Any kind of proselytization that involves economic and material incentives [is wrong],” he said. “Many people are being converted on hospital beds in their weakest and most vulnerable moments. And these people are whispering in their ears that ‘there is no hope for you. The only way that you can survive is if you accept this particular religion.’ That is wrong.”

Thinley’s suspicions include the belief that Christians offer material incentives to convert.

“Going to the poor and saying, ‘Look, your religion doesn’t provide for this life, our religion provides for this life as well as the future,’ is wrong. And that is the basis for proselytization.”

Christian pastors in Thimphu told Compass that the perception that Bhutan’s Christians use money to convert the poor was flawed.

The pastors, requesting anonymity, said they prayed for healing of the sick because they felt they were not allowed to preach tenets of Christianity directly. Many of those who experience healing – almost all who are prayed for, they claimed – do read the Bible and then believe in Jesus’ teachings.

Asked if a person can convert if she or he believed in Christianity, the prime minister replied, “[There is] freedom of choice, yes.”

In his interview with Compass, Thinley felt compelled to defend Buddhism against assertions that citizens worship idols.

“To say that, ‘Your religion is wrong, worshiping idols is wrong,’ who worships idols?” he said. “We don’t worship idols. Those are just representations and manifestations that help you to focus.”

Leader of the royalist Druk Phuensum Tshogpa party, Thinley is regarded as a sincere politician who is trusted by Bhutan’s small Christian minority. He became the prime minister in April 2008 following the first democratic election after Bhutan’s fourth king, Jigme Singye Wangchuck, abdicated power in 2006 to pave the way toward democracy.

Until Bhutan became a constitutional monarchy in 2008, the practice of Christianity was believed to be banned in the country. The constitution now grants the right to freedom of thought, conscience and religion to all citizens. It also states that the king is the protector of all religions.

Thus far, the Religious Organisations Act of 2007 has recognized only Buddhist and Hindu organizations. As a result, no church building or Christian bookstore has been allowed in the country, nor can Christians engage in social work. Christianity in Bhutan remains confined to the homes of local believers, where they meet for collective worship on Sundays.

Asked if a Christian federation should be registered by the government to allow Christians to function with legal recognition, Thinley said, “Yes, definitely.”

The country’s agency regulating religious organizations under the 2007 act, locally known as the Chhoedey Lhentshog, is expected to make a decision on whether it could register a Christian federation representing all Christians. The authority is looking into provisions in the law to see if there is a scope for a non-Buddhist and non-Hindu organization to be registered. (See http://www.compassdirect.com, “Official Recognition Eludes Christian Groups in Bhutan,” Feb. 1.)

On whether the Religious Organisations Act could be amended if it is determined that it does not allow legal recognition of a Christian federation, the prime minister said, “If the majority view and support prevails in the country, the law will change.”

Thinley added that he was partially raised as a Christian.

“I am part Christian, too,” he said. “I read the Bible, occasionally of course. I come from a traditional [Christian] school and attended church every day except for Saturdays for nine years.”

A tiny nation in the Himalayas between India and China, Bhutan has a population of 708,484 people, of which roughly 75 percent are Buddhist, according to Operation World. Christians are estimated to be between 6,000 to nearly 15,000 (the latter figure would put Christians at more than 2 percent of the population), mostly from the south. Hindus, mainly ethnic Nepalese, constitute around 22 percent of the population and have a majority in the south.

 

Religious ‘Competition’

Bhutan’s opposition leader, Lyonpo Tshering Togbay, was equally disapproving of religious conversion.

“I am for propagation of spiritual values or anything that allows people to be good human beings,” he told Compass. “[But] we cannot have competition among religions in Bhutan.”

He said, however, that Christians must be given rights equal to those of Hindus and Buddhists.

“Our constitution guarantees the right to freedom of practice – full stop, no conditions,” he said. “But now, as a small nation state, there are some realities. Christianity is a lot more evangelistic than Hinduism or Buddhism.”

Togbay said there are Christians who are tolerant and compassionate of other peoples, cultures and religions, but “there are Christians also who go through life on war footing to save every soul. That’s their calling, and it’s good for them, except that in Bhutan we do not have the numbers to accommodate such zeal.”

Being a small nation between India and China, Bhutan’s perceived geopolitical vulnerability leads authorities to seek to pre-empt any religious, social or political unrest. With no economic or military might, Bhutan seeks to assert and celebrate its sovereignty through its distinctive culture, which is based on Buddhism, authorities say.

Togbay voiced his concern on perceived threats to Bhutan’s Buddhist culture.

“I studied in a Christian school, and I have lived in the West, and I have been approached by the Jehovah’s Witness – in a subway, in an elevator, in a restaurant in the U.S. and Switzerland. I am not saying they are bad. But I would be a fool if I was not concerned about that in Bhutan,” he said. “There are other things I am personally concerned about. Religions in Bhutan must live in harmony. Too often I have come across people who seek a convert, pointing to statues of our deities and saying
that idol worship is evil worship. That is not good for the security of our country, the harmony of our country and the pursuit of happiness.”

The premise of the Chhoedey Lhentshog, the agency regulating religious organizations, he said, “is that all the different schools of Buddhism and all the different religions see eye to eye with mutual respect and mutual understanding. If that objective is not met, it does not make sense to be part of that.”

It remains unclear what the legal rights of Christians are, as there is no interaction between the Christians and the government. Christian sources in Bhutan said they were open to dialogue with the government in order to remove “misunderstandings” and “distrust.”

“Thankfully, our political leadership is sincere and trustworthy,” said one Christian leader.

Asserting that Christians enjoy the right to worship in Bhutan, Prime Minister Thinley said authorities have not interfered with any worship services.

“There are more Christian activities taking place on a daily basis than Hindu and Buddhist activities,” he added.

Report from Compass Direct News
http://www.compassdirect.org

Burma’s Ethnic Christians Fear Bleak Future after Election


Military hostilities against insurgents may result in Christian casualties and persecution.

CHIANG MAI, Thailand, October 22 (CDN) — With Burma’s first election in over 20 years just two weeks away, Christians in ethnic minority states fear that afterward the military regime will try to “cleanse” the areas of Christianity, sources said.

The Burmese junta is showing restraint to woo voters in favor of its proxy party, the Union Solidarity and Development Party (USDP), but it is expected to launch a military offensive on insurgents in ethnic minority states after the Nov. 7 election, Burma watchers warned.

When Burma Army personnel attack, they do not discriminate between insurgents and unarmed residents, said a representative of the pro-democracy Free Burma Rangers relief aid group in Chiang Mai, close to the Thai-Burma border. There is a large Christian population in Burma’s Kachin, Karen and Karenni states along the border that falls under the military’s target zone. Most of the slightly more than 2 million Christians in Burma (also called Myanmar) reside along the country’s border with Thailand, China and India.

The military seems to be preparing its air force for an offensive, said Aung Zaw, editor of the Chiang Mai-based magazine Irrawaddy, which covers Burma. The Burmese Air Force (BAF) bought 50 Mi-24 helicopters and 12 Mi-2 armored transport helicopters from Russia in September, added Zaw, a Buddhist.

Irrawaddy reported that the BAF had procured combat-equipped helicopters for the first time in its history. Air strikes will be conducted “most likely in Burma’s ethnic areas, where dozens of armed groups still exert control,” the magazine reported, quoting BAF sources.

“Armed conflicts between ethnic armies and the military can flare up any time,” said Zaw. “However, to boost the morale of its personnel, the military is expected to attack smaller ethnic groups first, and then the more powerful ones.”

Seven states of Burma have armed and unarmed groups demanding independence or autonomy from the regime: Shan, Karenni (also known as Kayah), Karen, Mon, Chin, Kachin, and Arakan (also Rakhine).

The junta has designated many areas in this region as “Black Zones” – entirely controlled by armed ethnic groups – and “Brown Zones,” where the military has partial control, said the source from FBR, which provides relief to internally displaced people in states across the Thai-Burma border.

“There are many unarmed Christian residents in these zones where Burmese military personnel attack and kill anyone on sight,” the source said.

A Karen state native in Chiang Mai who identified himself only as Pastor Joseph, who fled Burma as a child, referred to the junta’s clandestine campaign to wipe out Christians from the country. At least four years ago a secret memo circulated in Karen state, “Program to Destroy the Christian Religion in Burma,” that carried “point by point instructions on how to drive Christians out of the state,” reported the British daily Telegraph on Jan. 21, 2007.

“The text, which opens with the line, ‘There shall be no home where the Christian religion is practiced,’ calls for anyone caught evangelizing to be imprisoned,” the Telegraph reported. “It advises: ‘The Christian religion is very gentle – identify and utilize its weakness.’”

Persecution of Christians in Burma “is part of a wider campaign by the regime, also targeted at ethnic minority tribes, to create a uniform society in which the race and language is Burmese and the only accepted religion is Buddhism,” the daily noted.

The junta perceives all Christians in ethnic minority states as insurgents, according to the FBR. Three months ago, Burma Army’s Light Infantry Battalions 370 and 361 attacked a Christian village in Karen state, according to the FBR. In Tha Dah Der village on July 23, army personnel burned all houses, one of the state’s biggest churches – which was also a school – and all livestock and cattle, reported the FBR.

More than 900 people fled to save their lives.

 

Vague Religious Freedom

The Burmese regime projects that close to 70 percent of the country’s population is ethnic Burman. Ethnic minorities dispute the claim, saying the figure is inflated to make a case for Burman Buddhist nationalism.

The new constitution, which will come into force with the first session of parliament after the election, was passed through a referendum in May 2008 that was allegedly rigged. It provides for religious freedom but also empowers the military to curb it under various pretexts.

Article 34 states, “Every citizen is equally entitled to freedom of conscience and the right to freely profess and practice religion subject to public order, morality or health and to the other provisions of this Constitution.” Article 360 (a), however, says this freedom “shall not include any economic, financial, political or other secular activities that may be associated with religious practice,” apparently to bar religious groups from any lobbying or advocacy.

Further, Article 360 (b) goes on to say that the freedom “shall not debar the Union from enacting law for the purpose of public welfare and reform.”

Adds Article 364: “The abuse of religion for political purposes is forbidden. Moreover, any act which is intended or is likely to promote feelings of hatred, enmity or discord between racial or religious communities or sects is contrary to this Constitution. A law may be promulgated to punish such activity.”

Furthermore, Article 382 empowers “the Defense Forces personnel or members of the armed forces responsible to carry out peace and security” to “restrict or revoke” fundamental rights.

The Burmese junta is expected to remain at the helm of affairs after the election. The 2008 constitution reserves one-fourth of all seats in national as well as regional assemblies for military personnel.

A majority of people in Burma are not happy with the military’s USDP party, and military generals are expected to twist the results in its favor, said Htet Aung, chief election reporter at Irrawaddy.

Khonumtung News Group, an independent Burmese agency, reported on Oct. 2 that most educated young Burmese from Chin state were “disgusted” with the planned election, “which they believe to be a sham and not likely to be free and fair.”

They “are crossing the border to Mizoram in the northeast state of India from Chin state and Sagaing division to avoid participating,” Khonumtung reported. “On a regular basis at least five to 10 youths are crossing the border daily to avoid voting. If they stay in Burma, they will be coerced to cast votes.”

There is “utter confusion” among people, and they do not know if they should vote or not, said Aung of Irrawaddy. While the second largest party, the National Unity Party, is pro-military, there are few pro-democracy and ethnic minority parties.

“Many of the pro-democracy and ethnic minority candidates have little or no experience in politics,” Aung said. “All those who had some experience have been in jail as political prisoners for years.”

In some ethnic minority states, the USDP might face an embarrassing defeat. And this can deepen the military’s hostility towards minorities, including Christians, after the election, added Aung.

For now, an uneasy calm prevails in the Thai-Burma border region where most ethnic Christians live.

Report from Compass Direct News

NRL Final Series: Then There Were Four


The NRL Final Series in Australian Rugby League is now down to only four teams in the race for the 2010 premiership. The four teams remaining are St George Illawarra Dragons, The Gold Coast Titans, West Tigers and the Sydney City Roosters.

This weekend has seen the West Tigers defeat the Canberra Raiders and the Sydney City Roosters defeat the Penrith Panthers.

Next weekend will see the Sydney City Roosters against the Gold Coast Titans and the West Tigers against Saint George Illawarra Dragons. The winners of these two matches go through to the Grand Final decider.