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    Federal Government proposal to abolish the post of Race Discrimination Commissioner

    Dr William Jonas AMI write to alert you to a Federal Government proposal to abolish the post of Race Discrimination Commissioner (together with the posts of Sex Discrimination Commissioner, Disability Discrimination Commissioner, Human Rights Commissioner and Aboriginal and Torres Strait Islander Social Justice Commissioner).

    Those interested in this matter may like to make a submission to the Senate inquiry into the proposal before the closing date of 24 April 2003. Details follow.

    Dr William Jonas AM, Acting Race Discrimination Commissioner, 9 April 2003

    The proposal

    Legislation has been introduced into federal Parliament to abolish the post of federal Race Discrimination Commissioner. The proposal is to restructure the Human Rights and Equal Opportunity Commission. If the changes are accepted by the Parliament there will be three generalist Human Rights Commissioners instead of the existing specialist commissioners. The post of President will be retained but Australia will no longer have a Race Discrimination Commissioner.

    Under the legislation, none of the three Human Rights Commissioners would have specific responsibility for race discrimination. Allocation of specific responsibilities would be at the discretion of the President.

    Education on race discrimination, promoting understanding and friendship among ethnic groups and working to combat racial prejudice would be general Commission functions. They would compete for attention with the functions dealing with sex and disability discrimination, human rights and Indigenous social justice. There is no guarantee that a future Commission will always devote resources and attention to race issues.

    The current position

    The Race Discrimination Commissioner currently has responsibilities under Australia's oldest anti-discrimination law, the 1975 Racial Discrimination Act. Originally the Act was administered by a stand-alone Community Relations Commissioner. When the Human Rights and Equal Opportunity Commission was established in 1986, the position of Race Discrimination Commissioner was created and the Commissioner became a member of this new national body.

    Former Commissioners include Ms Irene Moss (1986 - 1994) and Ms Zita Antonios (1994 - 1999).

    The Commissioner has a broad role especially in public education, policy development, conducting national inquiries and producing reports on important issues of community relations in Australia. The role involves promoting equality in the political, economic, social and cultural fields for everyone regardless of race, colour, descent, national origin or ethnic origin.

    Achievements of the Race Discrimination Commissioners

    Major achievements include:

    1986-87 - mediation of racial tensions in Goondiwindi and referral of Toomelah community conditions and services to the President for HREOC's first public inquiry (which reported in 1988)

    1991 - national inquiry into Racist Violence recommending the introduction of racial vilification legislation and other measures

    1993-1996 - annual State of the Nation reports on the extent to which people from non English speaking backgrounds experience equality and freedom from discrimination

    1994 - a report drawing attention to the lack of safe drinking water in
    remote Indigenous communities

    1995 - racial vilification legislation introduced; strong support for Aboriginal communities wishing to limit access to alcohol

    1996 - publication of Face the Facts, providing factual information to counter prevalent misinformation about refugees, immigration and Indigenous issues

    1997 - publication of a guide for the media on the racial vilification legislation

    1999-2000 - independent information about racial discrimination in Australia provided to relevant UN treaty committees

    2001 - national consultations on racism in Australia in preparation for the World Conference Against Racism; second edition of Face the Facts

    2002 - symposium on racial vilification on the internet (cyber-racism) with industry and other expert participants

    2003 - initiation of IsmaÚ - Listen: National consultations on eliminating prejudice against Arab and Muslim Australians

    Other amendments

    The legislation proposes changing the name of the Commission to the 'Australian Human Rights Commission' and giving more prominence to the public education function the Commission already has.

    Another amendment threatens the Commission's independence as well as its potential to defend human rights effectively. The Commission will need the Attorney-General's permission to apply to intervene in a court case raising a human rights principle. The Attorney-General will be the gatekeeper of this function even in case involving the government.

    Read HREOC's press release on the proposal at: http://www.humanrights.gov.au/media_releases/2003/16_03.html

    Senate is inquiring into the proposals

    The legislation will be investigated by the Senate Legal and Constitutional Legislation Committee which has been asked to report by 29 May.

    Submissions close 24 April. For information about the inquiry, see:
    http://www.aph.gov.au/Senate/committee/legcon_ctte/human03/index.htm

    Contact details for the Committee are:

    Peter Hallahan
    Secretary
    Senate Legal and Constitutional Committee
    Room S1.61, Parliament House
    Canberra ACT 2600

    Telephone: (02) 6277 3560
    Fax: (02) 6277 5794
    E Mail: legcon.sen@aph.gov.au

    Source: Human Rights and Equal Opportunity Commission
    GPO Box 5218 Sydney NSW 2000
    Ph: + 61 (0) 2 9284 9782
    Fax: +61 (0) 2 9284 9849


    Further information: human rights issues page - includes news index and external links
     


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