National Anti-Racism Partnership and Strategy

Submission of the Office of the Anti-Discrimination

Commissioner11 May 2012

Office of the Anti-Discrimination Commissioner

Celebrating Difference, Embracing Equality

Level 1, 54 Victoria Street, Hobart • GPO Box 197, Hobart, Tasmania, Australia, 7001Telephone: [03] 6233 4841 • Statewide: 1300 305 062 • Facsimile: [03] 6233 5333

E-mail: antidiscrimination@justice.tas.gov.au • Website: www.antidiscrimination.tas.gov.au

Contents

Introduction............................................................1Background..........................................................2Racism in Tasmania..............................................4Addressing racism: the legal framework................9Addressing racism: new measures.......................11

Objective 1: Create awareness of racism and how it affects individuals and the broader community 11Objective 2: Identify, promote and build on good practice initiatives to prevent and reduce racism 13

Incident reporting......................................................................13Student Experience and Cultural Awareness Taskforce............14Diversity in sport.......................................................................14Community outreach.................................................................15

Objective 3: Empower communities and individuals to take action to prevent and reduce racism and seek redress when it occurs 16

Other Measures..................................................18Addressing Systemic Disadvantage 18Promoting pro-social action 20

Introduction

The Office of the Anti-Discrimination Commissioner (OADC) welcomes the opportunity to provide this submission to the Australian Human Rights Commission (AHRC) National Anti-Racism Partnership and Strategy Discussion paper (the Discussion paper) released in March 2012.

Action to eliminate racism in all its forms is central to the work of the Commission and the development of a comprehensive strategy to address racism on a national level is welcomed.

This submission is structured around action to achieve the following objectives:

The establishment of a consistent national legal framework for the delivery of effective redress and remedies to those who are victims of racism

The development of effective measures to educate about and prevent racism.

The implementation of strategies to address institutional and other forms of structural inequalities based on racist attitudes and approaches, including the promotion of special measures to overcome racial bias.

Action to improve access to employment, education, housing and related services in non-discriminatory ways.

Improved education and awareness measures, including diversity training and the promotion of a greater understanding of different races and cultures.

Enhanced action at all levels within the community to address racism where it arises.

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Background

Tasmania is a multi-culturally diverse State. More than 155 different countries are represented in our population, 135 of which are countries where English is not the official language.

Nevertheless, Tasmania has the lowest proportion of overseas-born residents of all states and territories (10.6 per cent of the Tasmanian population of just over 511,000), well below the Australian level of 25% recorded at the 2006 census.1

Tasmania receives relatively few new migrants each year. Preliminary figures for Tasmania estimate that net overseas migration (NOM) added 1,300 people to Tasmania’s population in 2010, representing 1% of national NOM and 34% of the State’s total population growth of 3,700.2 Tasmania recorded the smallest number of overseas arrivals (3,700) and departures (2,500) of all the states and territories. Four major groups made up Tasmania’s NOM: temporary visa holders, permanent visa holders, New Zealand citizens and Australian citizens returning from overseas. International students make up the largest group of temporary visa holders, adding a net 600 persons to the State’s population in 2009. Business long-stay visas added 170 persons to the Tasmanian population and long-term visitors added 180 persons to the Tasmanian population.

Permanent visa holders make up a high proportion of Tasmania’s NOM. In 2009, 840 permanent visa holders were added to the Tasmanian population. Permanent visas fall into three broad categories: family, skilled, special eligibility and humanitarian visas. Of all jurisdictions, Tasmania had the highest representation of special eligibility and humanitarian visa holders in 2009, making a net contribution of almost 280 persons to the State’s population or 14% of total NOM for the year.

Settler arrival figures prepared by the Department of Immigration and Citizenship show that the largest proportion of those stating an intention or legal entitlement to permanently settle in Tasmania over the period from 2000 to 2011 were from Asia (including China, India and the Philippines), Africa (principally Sudan, Sierra Leone, Ethiopia and South Africa), Europe (principally the UK) and the Oceania region (principally New Zealand).

The anglo-saxon profile of our population together with low rates of overseas migration, high numbers of overseas student arrivals and a large proportion of humanitarian entrants combine to present a number of unique challenges within the Tasmanian community. Added to this is the concentration of new arrivals in specific geographical areas.

1 Australian Bureau of Statistics, Migration Australia, 2009-10 (Cat No. 3412.0), released 16 June 2011.

2 Australian Bureau of Statistics, State and Territory Statistical Indicators, 2012: Trends in Net Overseas Migration: Tasmania, (Cat. No. 1367.0) released 27 January 2012.

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Tasmania has the most regionalised and dispersed population of any State in Australia, with around 58% of our population living outside the capital city.3 However distribution patterns of migrants coming to the State indicate that settlement is overwhelmingly concentrated in the Hobart and Launceston areas.

Of a total Tasmanian intake of 11,510 permanent visa holders under the family, skilled, humanitarian and other streams from 2001–02 to 2010–11, 55.6% or 6,401 people settled in Greater Hobart.4 A further 25.3% or 2,907 settled in Northern Tasmania (principally Launceston), and 10.3% were settled in the Mersey-Lyell area (north-west and western Tasmania).

Humanitarian entrants are even more highly concentrated in the two large urban areas. Of the 2,496 humanitarian entrants who arrived during this time, 60.5% or 1,512 persons settled in Greater Hobart, 39.6% settled in the North and only 2.7% or 68 people settled in the Mersey-Lyell area.

3 Australian Bureau of Statistics, Regional Population Growth, Australia, 2010-11 (Cat No. 3218) released 30 March 2012.

4 Figures are derived using the Department of Immigration and Citizenship’s Settlement Reporting Facility available at www.immi.gov.au/settlement.

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Racism in Tasmania

Strong elements of racial intolerance continue to exist within the Tasmanian community, particularly in regional areas.

There has been a steady increase in the number of race discrimination complaints received by the OADC, with a 200% increase since 2005–06. In 2010–11 race discrimination was complained of in 20.1% of discrimination complaints received by the OADC.5 A further 3.1% of discrimination complaints identified religious belief as the basis for the alleged discrimination.6

Increased complaints relate, in part, to increased awareness and discussion about harassment and discrimination within the Tasmanian community, including discussion with humanitarian entrants and international students. It also coincides with a period in which the Tasmanian community has become less tolerant.

Bi-annual surveys conducted as part of the Tasmanian Government’s Tasmania Together project suggest that the proportion of Tasmanians who are accepting of diversity has continued to decline in recent years.7

Figure 1: Levels of acceptance of diversity in Tasmania

Aug-09

Feb-10

Aug-10

Feb-11

Aug-11

Feb-12

32343638404244

% Acceptance

The Tasmania Together Community Survey estimates of the proportion of Tasmanians who are accepting of people from different ethnic groups, religions and sexual orientation. Results show a steady decline in the percentage of Tasmanians accepting of diversity since the survey began in

5 Anti-Discrimination Commissioner, Tasmania, Annual Report 2010–11 (OADC, 2011) 22.

6 The OADC receives complaints of discrimination and of other forms of prohibited conduct, including incitement to hatred, serious contempt or severe ridicule on the basis of race. Almost all complaints include allegations of discrimination while a slightly smaller number include allegations of other forms of prohibited conduct.

7 Enterprise Marketing and Research Services, Tasmania Together Community Survey Research Report February 2012, summary table 2. See also previous survey results at www.tasmaniatogether.com.au/.

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2009. This trend was also identified at a national level in polling undertaken by the Scanlon Foundation.8

At the same time, national survey results show that many Aboriginal and Torres Strait Islander people experience high levels of discrimination.9 More than one-quarter (27%) of Aboriginal or Torres Strait Islanders aged 15 year and over had experienced discrimination in the past 12 months and more than one in ten (11%) of Aboriginal or Torres Strait Islander children aged 4–14 years reported being bullied at school because of their indigenous origin.

Challenging Racism: the Anti-Racism Research Project undertaken between 2001 and 2008 provides an important insight into patterns of racist attitudes and beliefs across Australia and provides a framework for analysing racist sentiment within Tasmania.10

At the national level, the survey showed that whilst Australians are largely tolerant of other cultures, 85% believe there continues to be racial prejudice in Australia and over 41% believe that there are cultural groups that do not belong in to our society.11 Belief that racial prejudice exists in Australia is higher in Tasmania (89.5%), and the percentage of Tasmanians who believe that there are cultural groups that do not fit into Australian society is at a similar level to the national average (40.3%).12

Whilst a high percentage of Tasmanians believe that it is a good thing for society to be made up of different cultures, regional variations demonstrate an unevenness of this sentiment and underlying attitudes demonstrate an enduring legacy of racist beliefs.13

A significant number of Tasmanians self-identify as racist (8.9%), with higher levels being found in northern Tasmania (10.3%).

Importantly, a significant number of Tasmanians believe that Australia is weakened by people of different origins sticking to their old ways (36.3%), although this figure was significantly higher in northern Tasmania (42.8%)

8 Andrew Markus, Mapping Social Cohesion (Scanlon Foundation 2011) 17.9 Australian Bureau of Statistics, The Health and Welfare of Australia’s Aboriginal and

Torres Strait Islander Peoples (Cat No. 4704.0) released 17 February 2011.10 See Challenging Racism: The Anti-Racism Research Project (2011) at

http://www.uws.edu.au/ssap/school_of_social_sciences_and_psychology/research/challenging_racism.

11 Challenging Racism: The Anti-Racism Research Project, National Level Finding, Table 1.

12 Challenging Racism: The Anti-Racism Research Project, State level comparisons, Table 1.

13 A higher percentage of Tasmanians surveyed as part of the Challenging Racism: Racism Research Project (2001–2008) believed that it was a good thing for society to be made up of different cultures (91.5%) than at the national level (86.8%). Only the ACT (94.3%) and the Northern Territory (93.7%) rated higher than Tasmania in this regard. However the Northern Tasmania region had a lower percentage of people who believed it was a good thing for society to be made up of different cultures (89.1%). The figure in the north more closely reflects national sentiment.

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and somewhat lower in Hobart (31.3%), indicating that many Tasmanians remain less considerate of cultural diversity.

A high proportion of Tasmanian do-not consider that Australians from a British background are privileged (38.3%). This view is strongest in the north west/west where 44.6% of respondent denied that persons of British background were privileged.

In addition, 7.3% of Tasmanian respondents are against races marrying each other. This sentiment was somewhat stronger in northern Tasmania (9.5%). Separatist sentiments were particularly strong in Tasmania in regard to Muslims (41.1% against inter-racial marriage with a person of the Islamic faith), but significant numbers of Tasmania also expressed concern about inter-marriage with Aborigines (particularly in northern Tasmania (22.6%) and Hobart (20.9%)), Asians (19.0%), those of Jewish faith (17.8%) and black Africans (18.4%).

Over 40% of Tasmanians believe that certain cultural groups don’t fit into Australian society. This figure was somewhat lower in the north west/west (37.1%) and Hobart (39.1%), but higher in the north (44.8%). Over 40% of those interviewed during the survey in Tasmania expressed anti-Muslim sentiment, 19% expressed anti-Asian sentiment, 18.4% expressed anti-black African sentiment, 17.8% expressed anti-Semitic sentiment, and 17.5% expressed anti-Aboriginal sentiment.14 Whilst these figures were somewhat lower than the national level response, they still indicate a significant level of racism and racial intolerance within the Tasmanian community.15

Patterns of tolerance and intolerance are often linked to variations in socio-economic background and age.16 Over 60% of Tasmania’s population live in socially disadvantaged regional areas and approximately one third of Tasmania’s population is reliant on government pensions and allowances.17 At the same time, Tasmania had the oldest population of all the states and territories with a median age of 39.9 years.18 However this alone is insufficient to explain regional variation in views.

Forrest and Dunn explore the issue of particular ethnic mix (or lack of it) as an added factor in explaining attitudes toward race in Brisbane.19 14 Challenging Racism: The Anti-Racism Research Project, National level findings,

Regional response profile (Tasmania) at http://www.uws.edu.au/ssap/school_of_social_sciences_and_psychology/research/challenging_racism.

15 Ibid Table 1.1.16 For a discussion on these issues see James Forrest and Kevin Dunn, ‘Attitudes to

Diversity: new perspectives on the ethnic geography of Brisbane, Australia’ (2001) 42.4 Australian Geographer 440-441.

17 Based on figures sourced from ABS Catalogue No. 6523.0 and Cat No. 2033.6.55.001 found in Tasmania Together Progress Report 2010 at http://www.tasmaniatogether.com.au/measures_of_progress

18 Australian Bureau of Statistics Population by Age and Sex, Australian States and Territories (Cat No. 3201.0) released 21 December 2010.

19 James Forrest and Kevin Dunn, ‘Attitudes to Diversity: new perspectives on the ethnic geography of Brisbane, Australia’ (2001) 42.4 Australian Geographer 441 ff.

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Consistent with results found in Tasmania, a high level of general pro-diversity sentiment was accompanied by strong anti-diversity attitudes in areas where there is low or minimal cross-cultural contact. Areas of high cross-cultural interaction, where significant mixing occurred between the established local population and new immigrant groups, had an impact on perceptions about particular group associated with a much higher level of acceptance of ethnic diversity and cultural difference. These findings are largely consistent with patterns discernible in Tasmania, where racist or racially intolerant attitudes toward particular groups appear to be highest in areas where opportunity for contact is minimal.

This approach is supported by regional variations in reported levels of cultural mixing.20 Across all circumstances (in the workforce, in social circles and in sport) Tasmanians living in the north and north-west interact less with members of other cultural groups.

Figure 2: Cultural Mixing in the Workforce: Tasmanian regions

Greater Hobart

Northern Tas

NW/West

0 5 10 15 20 25 30 35 40 45 50

% Often/Very Often% Sometimes% Never/Hardly ever

Figure 3: Cultural Mixing in social life: Tasmanian regions

Greater Hobart

Northern Tas

NW/West

0 5 10 15 20 25 30 35 40 45

%Often/very often%Sometimes%Never/Hardly ever

20 Challenging Racism: The Anti-Racism Research Project, National level findings, Regional response profile (Tasmania) at www.uws.edu.au/ssap/school_of_social_sciences_and_psychology/research/challenging_racism.

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Figure 4: Cultural mixing in sport: Tasmanian regions

Greater Hobart

Northern Tas

NW/West

0 5 10 15 20 25 30 35

%Never/hardly ever%Sometimes%Often/very often

Information provided as part of the Challenging Racism project provides invaluable insight into patterns of racism and related behaviours in Tasmania and elsewhere, together with strategies for addressing racist attitudes at their core.

The OADC supports ongoing surveys of the type undertaken in this and related projects to provide the evidence base required to understanding current patterns and develop effective anti-racism strategies.

As patterns of discrimination against Aboriginal people often differ from those experienced by newly arrived ethnic groups, it is important to have a clear understanding of the unique challenges facing Aboriginal people. On this basis, the OADC encourages improved data collections (disaggregated by State and region) on racist attitudes toward Aboriginal and Torres Strait Islanders.

The OADC is also supportive of the introduction of improved efforts on the part of law enforcement authorities to collect data nationally on racially motivated violence as recommended by the United Nations Committee on the Elimination of Racial Discrimination.21 This includes data on the nationality and ethnicity of victims of crimes, including racially motivated crimes, and the number and nature of reported hate crimes, prosecutions, convictions and sentences imposed on perpetrators, disaggregated by age, gender and national or ethnic origin of victims. Commitment to improved data collection should be pursued by the Commonwealth with State and Territory Police Ministers through the Standing Council on Police and Emergency Management.

21 United Nations Committee on the Elimination of Racial Discrimination, Consideration of reports submitted by State parties under article 9 of the convention, 77th sess, UN Doc CERD/AUS/Co/15-17/CRP.1 (2–27 August 2010) Recommendation 23, 6.

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Addressing racism: the legal framework

Discrimination on the basis of race is unlawful under the Anti-Discrimination Act 1998 (Tas) in the areas of employment, education and training, provision of facilities, goods and services, accommodation, and membership and activities of clubs.22 However exceptions are permitted in certain circumstances, including in relation to employment if the discrimination is based on a genuine occupational qualification or requirement;23 or in relation to places of cultural and religious significance if the discrimination is in accordance with the customs of the culture or the doctrines of the religion and it is necessary to avoid offending the cultural or religious sensitivities of any person of the culture or religion.24

Civil anti-vilification provisions are available under section 19 of the Tasmanian Act:

A person must not incite hatred towards, serious contempt for, or severe ridicule of, a person or a group of persons on the grounds of – (a) The race of the person or any member of the group;…

However, there are at present no laws in Tasmania that make racial vilification a criminal offence.

Following a series of attacks on overseas students motivated by racism in 2009–10 and the death of an Asian student studying at the University of Tasmania, the Tasmanian Law Reform Institute (TLRI) was asked to examine the capacity of Tasmania’s laws to address racial vilification.25

While finding that the status quo was inadequate as a basis for responding to racial vilification, the TLRI recommended against the introduction of criminal provisions in the Anti-Discrimination Act 1998 (Tas) or in either the Police Offences Act 1935 (Tas) or the Tasmanian Criminal Code, preferring instead the introduction of a sentence aggravation provisions similar to those available under section 5(2) of Victoria’s Sentencing Act 1991 (Vic).26

Whilst supporting the introduction of sentence aggravation provisions in the Sentencing Act 1997 (Tas), the Office of the Anti-Discrimination Commissioner remains of the view that amendment should be made to the Criminal Code and/or Police Offences Act 1935 (Tas) to introduce criminal provisions prohibiting racial vilification. This would bring Tasmania into line with other state and territory jurisdictions.

22 Anti-Discrimination Act 1998 (Tas) Part 4.23 Anti-Discrimination Act 1998 (Tas) s 41.24 Anti-Discrimination Act 1998 (Tas) Part 5.25 Tasmanian Law Reform Institute, Racial Vilification and Racially Motivated Offences, Final Report No

14 (2011).26 Ibid vi.

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The OADC also considers that similar provisions should be introduced into federal legislation. In particular, the OADC is supportive of the introduction of legislation that would enable the Federal Government to withdraw its reservation against Article 4(a) of the International Convention on the Elimination of all forms of Racial Discrimination (ICERD).27

This should include discussions to ensure that offence provisions are consistent across all jurisdictions.28 Vilification laws are inconsistent across jurisdictions in definition and legal test and the extent to which they cover religious vilification.29 The OADC considers that a key initiative under the national anti-racism strategy should be a commitment to comprehensive and consistent coverage of race and religious anti-vilification laws that would completely fulfil commitments under the ICERD.

27 UN General Assembly, International Convention on the Elimination of All Forms of Racial Discrimination, opened for signature 21 December 1965, 660 UNTS 195 (entered into force 4 January 1969).

28 For a discussion on this matter see National Association of Community Legal Centres and Human Rights Law Resource Centre, Freedom Respect Equality Dignity Action: NGO Submission to the UN Committee on the Elimination of Racial Discrimination (2010) 47–53.

29 Ibid 50.

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Addressing racism: new measures

The proposed National Anti-Racism Strategy must be underpinned by practical policies that address racism in all its forms.

The following comments address the objectives outlined in the National Anti-Racism Partnership and Strategy Discussion Paper.

Objective 1: Create awareness of racism and how it affects individuals and the broader communityThe persistence of racist attitudes within the Australian community requires a comprehensive response at both national and sub-national levels, to counter both direct and indirect discrimination.

The prospect of a deteriorating international economy, in conjunction with high-profile, ongoing campaigns around issues such as asylum seekers who arrive by boat, have significantly impacted on measures of social cohesion. The Scanlon Foundation surveys suggest that the issue of asylum seekers arriving by boat ‘… fuels disillusionment with government and heightens division within the population.’30 Using factor analysis techniques a link is established between views on asylum policy and immigration as well as a range of other issues such as national identity and cultural diversity.31

Those who would prevent landing [of asylum seekers by boat] have a stronger connection to what they see as the ‘Australian way of life’, are some four times more likely to think that immigration is too high, to hold negative views of Muslims and to disagree with government assistance to ethnic minorities; they are six times more likely to disagree that a diverse immigration intake is of benefit to Australia.

There is also a suggestion that this sentiment strongly informs attitudes toward minorities and cultural pluralism.32 Higher levels of migrant intake and action to promote the maintenance of diverse customs and traditions are seen to be at odds with the ‘Australian way of life’. Further, heightened sentiment against particular ethnic minorities (in particular those of the Islamic faith) coincides with increased media coverage and national debate around immigration and related issues.33

At the same time there has been a substantial shift toward greater acceptance of ethnic groups that have been represented in the Australian population for some time (in particular Asian nationalities) suggesting a greater fluidity of attitudes over time.34

30 Andrew Markus, Mapping Social Cohesion 2011 (Scanlon Foundation, 2011) 37.31 Ibid 38.32 Ibid 47.33 Ibid 8.34 Ibid 47.

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These findings suggest the need for new approaches to addressing racism. Action of necessity will need to be multi-faceted; deal with racism at all levels (individual and systemic) and involve both top-down and bottom-up strategies.

On the one hand there is a need to encourage a more sophisticated national discussion around immigration policy, including more balanced media coverage on asylum seekers. In particular, effort is required to ensure that current national debates around immigration do not promote discrimination on the basis of race, religious belief or ethnic origin. Clear and unambiguous political leadership is required against racism. This suggests the need for a communication strategy directed toward media, government leaders and other opinion makers aimed at encouraging a more balanced and non-discriminatory approach to race issues. This should include increased monitoring of public discussion forums and intervention where necessary to identify racist views where they arise.

At the same time, a well-co-ordinated national communications strategy is required at the community level to prevent and reduce racist views and behaviours. Given the intractable nature of some views within the community, this campaign must be part of a long-term strategy based on clear and consistent messages co-ordinated across state, territory and Commonwealth levels. Further, the findings of Scanlon Foundation surveys suggest that the campaign needs to move beyond an emphasis on celebrating diversity to one which addresses racist behaviours and actions in a direct manner.

As a one-size fits all strategy is unlikely to achieve the sort of penetration required to effect change, any nationally co-ordinated information campaign should be flexible enough to enable it to be adapted to local circumstances and requirements.

Educational settings offer strong potential for the introduction of anti-racism strategies, particularly aimed at young Australians. Work undertaken by Victorian Health Promotion Foundation to assess strategies and resources to address race-based discrimination and support diversity in schools suggests that efforts to reduce race-based discrimination in school settings must be undertaken on a range of different levels; be multi-pronged and cover all aspects of the school, including the curriculum; be integrated with mainstream messages and take a long term approach; be relevant to the development level of students and appropriate to the ethno-racial composition of the school.35 Strategies must also include adequate teacher training:

We believe that a national anti-racism strategy should give particular attention to the role of social media in both exacerbating and combatting racism. The internet, facebook and other social media are often used as

35 Teneha Greco, Naomi Priest & Yin Paradies, Review of strategies and resources to address race-based discrimination and support diversity in schools (Victorian Heath Promotion Foundation 2010) 12.

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avenues to propagate racist views. However they also offer important avenues to engage young people in strategies to promote respect and non-discrimination. An important development in Tasmania has been the Living in Between project developed by Students Against Racism at Hobart College (a year 11 and 12 college) and the Tasmanian Centre for Global Learning, with support from the Alcorso Foundation.36 The Living in Between project began with students who had come to Tasmania as humanitarian entrants developing a framework for telling their stories of leaving their own countries, travelling often over long periods of time and long distances to arrive in Tasmania and experiencing an entirely new culture and way of being. The name reflects the sense that they continue to be living in between cultures.

More recently the work has developed into an education module presented by the students to other students in primary and secondary schools to help them understand the experience particularly of humanitarian entrants to Tasmania. In this further development, the students involved now include students from local families who have also had experiences that have resulted in them feeling they are ‘living in between’.

This project enables students with little exposure to racial diversity or the experiences of humanitarian entrants to gain some understanding in a supportive and supported environment. It enables them to understand the impact of cultural dislocation as well as of racism experienced by students in their new home.

The project has won various awards including a Tasmanian Schools Human Rights Award in 2009.

Objective 2: Identify, promote and build on good practice initiatives to prevent and reduce racismThe OADC has engaged in a number of initiatives aimed at addressing racism, including action to address violence and other racially motivated offensive conduct and action to promote increased diversity within mainstream settings.

Incident reportingAs with other states and territories, the number of international students in Tasmania has steadily increased over the past decade. Over 4,100 overseas students are enrolled at the University of Tasmania and numbers are expected to substantially increase in coming years.37

Since December 2009, the OADC has been involved in a range of initiatives to increase the awareness of international students and people from CALD backgrounds about actions they can take to report incidents of

36 Tasmanian Centre for Global Learning, Living in Between: Diversity Education through Storytelling http://www.afairerworld.org/_Current_projects/lib.html/.

37 Michelle Paine, ‘Students flock to Tasmania, The Mercury (Hobart) 1 May 2012, 1.

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racially-motivated discrimination and harassment, particularly in public places.

This has occurred, in part, as a consequence of reported incidents of violence and offensive behaviour toward international students and other recent arrivals.

Working with the Commonwealth Department of Immigration and Citizenship and the Tasmanian Settlement Network, OADC introduced an incident reporting form in 2009 to allow both victims and witnesses of race-based discrimination or harassment to let the OADC know of incidents. Motivations for developing this approach included the low level of reporting by those directly affected due to fear and lack of confidence in government processes as well as the lack of data collected on the race or other characteristics of people reporting matters to police. This meant that there was a fairly poor understanding of what was happening in the community, where it was happening and to whom.

In some cases incident reports made to the OADC have led to a formal complaint under the Act.

The incident reporting process has enabled relevant organisations to gain a better picture of patterns of racial abuse and the profile of victims, enabling more informed and targeted preventative interventions. It also represents an important mechanism for more increasing awareness of rights, particularly among those who may be afraid to take action or submit a formal complaint.

The OADC is currently looking at options to enhance the incident reporting process, with potential to roll it out more broadly within the community and engage a broader range of relevant authorities to ensure that such conduct is appropriately policed and preventative strategies established. The project includes providing regular (de-identified) reports to a network of government agencies and non-government organisations to promote greater awareness of the types of incidents occurring in local communities and engage a broader range of third parties in helping to address racist actions and events on the ground. Information is also used to assist the OADC target education and training to areas of need.

Student Experience and Cultural Awareness TaskforceEstablished by the University of Tasmania, the Student Experience and Cultural Awareness Taskforce is aimed at promoting factors that contribute to positive student experiences while in the State.

The Taskforce is currently considering a funding proposal for a Student Safety Reporting and Contact Network: ‘Report It’ project. The aim of the project is to develop an accessible and easy-to-use online reporting tool for students at the University who are the victims of harassment, intimidation and aggression. Those who report incidents will be able to access trained and supportive networks of assistance. The initiative will

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be undertaken in collaboration with interested organisations, including Tasmania Police, local government and the OADC.

Diversity in sportResults of the Challenging Racism Project highlight the low levels of cultural mixing in Tasmania, particularly in relation to sporting activities.

The OADC has also undertaken a number of actions to promote increased diversity in sporting activities. This has included developing networks with sport and recreational organisations and taking an active role in implementing new initiatives such as the Play By the Rules program within the Tasmanian community.

‘Sport – play, engage, inspire’ was the theme of the 2012 Harmony Day celebrations in Tasmania in recognition of the important role sport can play in fostering connections across the community and uniting people of all cultures. Surf Life Saving Tasmania, players from the Hobart Chargers and representatives of Football Federation Tasmania, Cricket Tasmania, the Royal Life Saving Association and AFL Tasmania participated in events to mark the day.

The importance of this approach, and one that could be replicated in a myriad of ways, is the conscious effort to engage areas of the community that may not normally be associated with actions to address discrimination. Developing, promoting and supporting non-racist behaviours and modelling these in mainstream settings can itself lead to a reduction in racist attitudes and/or beliefs in the broader community.

A similar approach has been adopted by the federal Sex Discrimination Commissioner in her work to engage male champions of change to increase the number of women in leadership and gender diversity on corporate boards. Led by industry, this approach represents an important strategy to engage Australian businesses to provide leadership and influence change. The OADC believes similar approaches would be beneficial to address racism and the impacts that discrimination has on diversity in the workplace and other settings.

Community outreachIn March 2012, the OADC launched a series of posters promoting awareness of rights and responsibilities under the Anti-Discrimination Act 1998 (Tas). Two posters aimed at increasing the understanding of rights and responsibilities in relation to race discrimination were released to coincide with Harmony Day 2012.

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These posters are based on a number developed by the Victorian Equal Opportunity and Human Rights Commission. At the recent Agfest in Tasmania, these posters were very positively received with comments in particular on the simplicity and clarity of the messages.

In 2010–11, the OADC developed a new training module on discrimination, harassment and bullying that has a specific focus on racial diversity. This work focuses on raising awareness of the benefits of a racially diverse society and work environments and promotes inclusive practices. It seeks to challenge racist attitudes through promoting an understanding of the benefits of racial diversity and the prohibitions against racism in Tasmanian law.

Objective 3: Empower communities and individuals to take action to prevent and reduce racism and seek redress when it occursAction to address racist attitudes must also include changing behaviours and actions that promote or institutionalise racist practices.

Eliminating discrimination on the basis of race and/or ethnic identity will help to ensure that Aboriginal people and those from culturally and linguistically diverse background have no impediment to the achievement of economic, social, cultural and political rights. At the same time it will assist in promoting the strength and resilience required by communities and individuals to take action to prevent or reduce racism where it occurs.

The OADC notes, however, that a range of actions currently being undertaken by Government risk further disempowering communities and individuals. This includes action being taken under the Commonwealth Government’s Stronger Futures package.

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The OADC reiterates the view of the Australian Commissioners from the New Zealand and Australian Human Rights Commissions and Australian state and territory human rights agencies at their Race Relations Round Table in Alice Springs in the Northern Territory on 16 and 17 April 2012 that a perverse effect of the Northern Territory Emergency Response in 2007 has been a profound sense of disempowerment among Aboriginal communities in the Northern Territory.38

To address this concern, the OADC considers that the anti-racism strategy should include a wider set of reforms aimed at achieving racial equality and empowering Aboriginal people to be fully engaged in determining future reforms.

The OADC agrees that the current Stronger Futures package should be evaluated by the Parliamentary Joint Committee on Human Rights to ensure its compliance with human rights obligations. The OADC also strongly endorses the need for any measures implemented as part of the Stronger Futures package to be based on the full engagement of Aboriginal people.

We note in this context recent statements by the National Congress of Australia’s First Peoples expressing concern that new legislative proposals have not been tested for their compliance with human rights obligations and the views of many Aboriginal groups that the laws are racist and should be scrapped:

Congress contends that the NTER was founded upon accusations levelled against Aboriginal people generally without regard to clear evidence or facts. This approach has left a stigmatised people haunted by perpetuating stereotypes in not just the Northern Territory but throughout Australia. The extensive damage caused by this to future reconciliation efforts and partnerships should not be underestimated or ignored. There has been insufficient effort made to support the empowerment of communities to deal with issues and challenges themselves.39

Development of a national anti-racism strategy risks being seriously compromised while these concerns remain unaddressed.

38 Office of the Anti-Discrimination Commissioner, Race Relations Round Table Communique (2012) <http://www.antidiscrimination.tas.gov.au/>.

39 National Congress of Australia’s First Peoples, Statement to the Senate Standing Committee on Community Affairs on conditions affecting Aboriginal communities in the Northern Territory including the proposed Stronger Futures in the Northern Territory Bill (2011) and accompanying Bills (February 2012) 4.

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Other Measures

Addressing Systemic DisadvantageAction to address racism must also tackle the impacts that systemic disadvantage have on indigenous Australians and those from culturally and linguistically diversity communities.

People from different race and ethnic backgrounds face barriers to health care, education, employment and an adequate standard of living often as a result of deeply embedded racism within institutions and systemic barriers to participation in our community.

Anti-discrimination laws across Australia make it unlawful to discriminate in employment, education and training, accommodation and the provision of goods and services among other areas of activity. Across all measures, however, evidence exists that persistent barriers remain for Aborigines and people of culturally and linguistically diverse backgrounds.

Public services must be delivered in a culturally appropriate way and seek to reduce socio-economic disadvantage and other barriers to service.

Research undertaken into structural discrimination in New Zealand public services refers to the concept of institutional racism as ‘mono-cultural laws and administration of social services, whether or not intended, that give rise to practices that discriminate’.40 Institutional racism is far more pervasive and subtle than personal racism, racist attitudes (however subtle) become entrenched in institutional policies, become effectively invisible except to those disadvantaged by them, and inform the delivery of services. Disadvantage of this nature requires systematic action at a national level to address.

In Australia, we know that on a wide range of measure Aborigines and people of CALD background do less well than the community as a whole.41 For example:

Tasmanian children from a non-English speaking background aged 0–12 participated at a much lower rate in child care (3.3%) than their representation in the community (7.2%) and Aboriginal children were similarly poorly represented: 1.5% in child care services compared to being 6.5% per cent of the community.42

Age-standardised imprisonment rates for indigenous adults are much higher than for non-indigenous prisoners across all jurisdictions, including Tasmania.43

40 Human Rights Commission, New Zealand, Aotearoa, A Fair Go for All – draft discussion paper (April 2012) 10.

41 See, for example, a range of measures in the Steering Committee for the Review of Government Service Provision: Report on Government Services (2011).

42 Ibid table 3.4, Proportion of children aged 0–12 years from special needs groups attending Australian Government-approved child-care services, 2010, Volume 1, 3.19.

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41.1% of indigenous people nationally have a weekly income of $249 or less compared with 28.0% nationally.44

Aboriginal Australians and people from culturally and linguistically diverse backgrounds are under-represented in access to aged care services.45

The proportion of Aborigines and people of culturally and linguistically diverse backgrounds accessing disability services in Tasmania is lower than the proportion in remaining population.46

The administration of services and program can often be based on subtle forms of racism, whether intended or not. Bias in the way in which programs and services are delivered can have cumulative effects and deepen intergenerational disadvantage experienced by some of the most vulnerable groups in our community.

Addressing structural discrimination in ways that increases social capital will have important social, cultural and economic spin-offs. Greater integration into mainstream services and social structures will provide more opportunities for cross-cultural interaction and work to reduce racist attitudes.

Strategies to address structural discrimination include increased understanding of the diversity (or lack thereof) of targeted populations, the development of culturally appropriate practice guidelines, cultural competence training, increasing the diversity of workforce across all service sectors, and moving away from a ‘one size fits all’ approach to service delivery toward models that are culturally responsive and engaging.47

At base is the need to promote the notion of ‘cultural safety’: supporting and promoting attitudinal change to those communities that are culturally diverse and promoting mutual respect and understanding.48

Evidence suggests that new approaches to service delivery must be driven on a top-down basis. Change has the greatest chance of success when it is fostered, managed and monitored from the highest levels within organisations. For this reason the OADC recommends that the anti-racism

43 Ibid figure 8.4, Indigenous and non-indigenous age standardised imprisonment rates, 2009–10, Volume 1, 8.8.

44 Ibid figure A.8, Weekly individual income of $249 or less, by sex, indigenous status and age, 2006 Volume 1, A11.

45 Ibid figure 13.11, Variation in the proportion of special needs target populations accessing aged care services from their proportion in the target population as a whole, June 2010, Volume 2, 13.37.

46 Ibid see figure 14.18, Users of State and Territory administered CSTDA/NDA funded services per 1000 people, by indigenous status, 2008-09, Volume 2, 14.38 and figure 14.21 Users of State and Territory administered CSTDA/NDA funded services per 1000 people, by country of birth, 2008-09, Volume 2, 14.43.

47 Evidence-based approaches to addressing structural discrimination are being identified by the New Zealand Human Rights Commission. See note 40.

48 Ibid 43.

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strategy contain strategies aimed at engaging high-level national forums in implementing these measures, including Ministerial Councils and the Council of Australian Governments.

A current project of the Tasmanian Government has seen the development of the Better Access to Government Services (BAGS) Interagency Working Group. This working group was formed in 2011 and is made up of representatives from Tasmanian Government agencies. Its aim is to work towards improving access to Tasmanian government services for former humanitarian entrants.

The first work being done by the Working Group has been to develop an understanding of current service provision across Tasmanian Government agencies including the barriers to accessing those services that are faced by former humanitarian entrants. The Group is considering the data currently collected on services usage by former humanitarian entrants with a view to identifying what strategies are needed to improve access.

The Working Group sought input from former humanitarian entrants, non-government service providers and State Government agencies.

Promoting pro-social action It is the responsibility of all levels of society to work co-operatively to address racism and intolerance wherever it exists.

Modelling pro-social behaviour at a national level will assist in encouraging action by individuals to intervene where racism is present. Emerging research into the benefits of encouraging bystander action as a means of shifting social norms toward tolerance, provides a basis on which it may be possible to develop a more proactive campaign against manifestations of racism in everyday situations.49

Nelson and Dunn suggest a five step process to enhance the capacity of individuals to intervene in situations where racism is expressed:50

1. Raising awareness about racism as well as what constitutes inclusive behaviour, particularly in social settings;

2. Increased understanding of the negative social and economic effects of racism and a stronger appreciation of its unacceptability;

3. Encouraging everyone to accept responsibility for creating a non-discriminatory culture and promoting the need to ‘speak out’ where racism is encountered;

4. Local leadership and role-modelling of bystander action in a way which normalises and promotes action; and

5. Increased understanding of appropriate ways to intervene and the means by which to do so in a non-confrontational way.

49 Jacqueline Nelson and Kevin Dunn ‘Bystander Anti-Racism: A review of the literature’ Analyses of Social Issues and Public Policy (2011) 11(1), 263-284.

50 Ibid 279.

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An example of this type of measure is the Speak Up! campaign undertaken by the Alabama-based Southern Poverty Law Center.51 That campaign includes the development of toolkit (including a handbook for guiding intervention in a range of social settings) for use by individuals when racism is encountered.

A highly visible national campaign, including through social media, to encourage individuals to take action in a range of social settings to counter racism could provide the basis for shifting social norms and lead to behavioural change. The OADC endorses consideration of this approach as part of the anti-racism strategy.

51 Southern Poverty Law Centre, Speak Up! Handbook, available at www.splcenter.org.