Communities’ response to sink RDA changes

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Attorney General George Brandis is facing widespread opposition over changes to the Race Discrimination Act. Photo: AAP/Stefan Postles.

NSW and Victoria back multiculturalism.

Feedback to the Race Discrimination Act (RDA) Exposure Draft shows unanimous opposition to the government’s plans to repeal key sections of the act, and plans by the Abbott government to change it have been left in tatters.

On Wednesday the deadline for submissions closed, but not before influential ethnic communities – including Greek, Chinese, Arab and Jewish groups – had made their feelings clear on the proposed amendments.

The Federal Government’s intention has been to amend the act, which makes it illegal to publicly “offend, insult, humiliate or intimidate” a person or a group of people. It maintains the proposed changes would allow greater freedom of speech while strengthening the laws against racial vilification.

But the argument has been deemed ill-conceived and fundamentally flawed. Following Attorney-General George Brandis’ comments defending the amendments – when the minister declared that “people have the right to be bigots” – the proposals have attracted widespread condemnation.

In its submission to the Attorney General’s Department, the Greek Orthodox Community of New South Wales said that it opposed the amendments that “would encourage those racist elements in the Australian community to voice their prejudices, their hatreds, without any recourse to those who are victims of such prejudices…”

The GOCNSW response added that the amendments proposed did not afford “any protection”, and the exemptions contained in the amended act would “in effect, exempt most if not all of the circumstances in which such conduct or words occur”.

GOCNSW President Harry Danalis said that the Community supported the submissions made by the Australian Multicultural Council, who have called for a “systematic” public enquiry into the operation of the RDA, before the Coalition government embarks on any legislative changes.

In its response to the Exposure Draft, the Federation of Ethnic Communities’ Councils of Australia said the government’s thinking failed to achieve a “reasonable balance between the protection from racial vilification and the protection of free speech”.

It went on to say that the Exposure Draft – if enacted – would provide “hardly any restrictions on free speech, while reducing the racial vilification protections to naught. The changes would be sending a message that racism is acceptable”, said FECCA Chair, Mr Joe Caputo, who urged the government to withdraw the amendments.

The Arab Council Australia (ACA) has called for the government to abandon its proposals, saying it was “horrified that vulnerable people will be further disenfranchised if the proposed changes were to be adopted”.

The ACA’s submission warned that changes to the act could provoke similar scenes of racial tension and violence as seen during the 2005 Cronulla riots.
In NSW and Victoria, both state governments have lodged formal submissions opposing the changes, warning they would weaken protections against racial vilification and threaten social cohesion.
NSW Premier Mike Baird declared that the two governments were committed to defending their multicultural communities.
“The concerns across the multicultural communities in this state are saying ‘we’re worried, we’re afraid’, and we’re standing up for them,” he said. “We’re prepared to stand up for what we think is right.”

Victoria’s Multicultural Affairs Minister Matthew Guy said the two states were “as one” on the issue.

“The Victorian Government stands very firmly against any changes to the federal act,” he said.

In the Victorian Multicultural Commission’s submission, the VMC said the proposed changes to the act were unnecessary, and threatened Australia’s cultural harmony and the human rights of its multicultural communities.

The VMC added that “[the] law as it stands provides the right balance between free speech and the rights of citizens to be free from racially vilified language”.

The plan to change the RDA by the Abbott Government has been increasingly attacked by members of its own backbench.

This week the Sydney Morning Herald reported that Federal Member for Barton – Nickolas Varvaris – had offered his support to fellow NSW backbencher David Coleman, who is understood to be drafting an alternative proposal for changes to the act.

Other Federal Coalition MPs opposed to the government’s proposal include NSW MP Craig Laundy and Victorian Jason Wood.

However a spokesman for Mr Varvaris told Neos Kosmos: “The article in the SMH was incorrect. Mr Varvaris has never stated that he is involved with the MPs drafting other amendments.”

In a statement supplied to media, Mr Varvaris said: “These reforms are only proposed and the government is taking submissions from stakeholders and the public.”

Prior to the submission deadline, Mr Varvaris encouraged “concerned constituents and stakeholders in relation to these proposed reforms” to make their own submissions and contact his office.

source: Neos Kosmos

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