Proposed Changes to Racial Discrimination Act Could Lead to Unrest
Wednesday 30 April 2014 @ 9.58 a.m. | Crime | Legal Research
The Abbott Government is facing fierce and united opposition from influential ethnic groups over its proposed changes to racial discrimination laws, with one warning in a formal submission that the amendments will lead to race riots like those seen in Cronulla in 2005.
Exposure draft legislation of the changes was released by the Government on 25 March 2014 and submissions are due to close on 30 April 2014.
The Government wants to repeal key parts of the Racial Discrimination Act 1975 (Cth) (the RDA), including s 18c which currently makes it illegal to publicly "offend, insult, humiliate or intimidate" a person or a group of people.
But the plan to ditch s 18c has been roundly criticised, including by members of the Government's own backbench. In their submissions, several groups from the Chinese, Arab, Indigenous, Greek and Jewish communities have urged the Government to abandon the proposal.
Peak lobby group the Federation of Ethnic Communities' Councils of Australia (FECCA) has warned the Government that the change would leave Australians with no protection against racial vilification:
"FECCA is of the view that the exposure draft fails to achieve an appropriate and reasonable balance between the protection from racial vilification and the protection of free speech.
"Furthermore, it provides hardly any restrictions on free speech, while reducing the racial vilification protections to naught."
The Chinese Australian Forum (CAF) says it is an "immoral" move that will encourage racism:
"By repealing the racial vilification provisions in the RDA, the Government will be sending a message to the community that essentially anything goes in the name of free speech, that the changes to Section 18c will definitely perpetuate racial comments and abuse that will offend and humiliate.
"Instead of being the welcoming and harmonious multicultural society that we all know Australia can be, the Government is allowing an element of hate to enter national discourse.
"Any moves in the direction of allowing racially motivated hate language to enter society's vernacular is not only immoral, it is a step backwards to the stone ages."
CAF vice president Tony Pang described the Government's approach as "gung ho" and said, "I can't think of one organisation that supports the change".
The Australian Hellenic Council NSW, which represents key Greek community organisations, says "no proper case for change in the law has been made" and has added calls to retain the existing law.
Community Reaction
As reported by the ABC, the Arab Council Australia (ACA) is also calling for the Government to abandon the plan.
The ACA submission says:
"… We are horrified that vulnerable people will be further disenfranchised if the proposed changes were to be adopted."
A Western Sydney Liberal MP has also received “tens of thousands of representations from his constituents urging him to fight the changes”.
Section 18C of the Act became law in 1995 in response to recommendations from major inquiries including the Royal Commission into Aboriginal Deaths in Custody.
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Sources:
Article from abc.net.au
