Pino Migliorino

When Dr Charles Teo attested, at the launch of Australia Day Council celebrations last month, that racism is ‘very much alive in Australia’, his comments struck a nerve with the Australian public. All at once, the old debate about whether or not Australia can be called a ‘racist’ country raged again.

It is my view that the answer to this question cannot be a simple ‘yes’ or ‘no’.

Certainly, Australia works hard to protect and promote diversity at national, state/territory and local levels. We do this through solid legislative protections, though policies which seek to promote multiculturalism and social inclusion, through world class settlement services for migrants and refugees, and through a National Anti-Racism agenda.

And yet, as the chair of the Federation of Ethnic Communities’ Councils of Australia (FECCA), the peak national body representing Australians from culturally and linguistically diverse (CaLD) backgrounds, I am privy on a daily basis to accounts which demonstrate that, sadly, racism and discrimination are very much alive and well in Australia.

FECCA hears stories of families from Africa, South Asia and the Middle East refused housing time and time again because of large family size, or because of misinformed and discriminatory views held by real estate agents and landlords about certain cultural groups.

We hear stories of migrants who cannot attain work relative to their skill set because their skills, garnered overseas, are not valued or recognized.  Some migrants even feel compelled to change their names just so they can be granted job interviews in equal measure to their Anglo-Australian counterparts.

We hear stories of GPs who have ‘no time’ to see patients who require an interpreter, but have free appointments for those who speak English and who will not take up as much time. This despite the fact that the Translating and Interpreting Service (TIS) has a priority line for doctors that all but negates waiting times for most GPs calling for interpreting assistance.

So, while we might prefer to bury our heads in the sand and claim that in Australia, with its legislative protections such as the Racial Discrimination Act 1975 (Cth) (RDA), racism cannot possibly be ‘alive and well’, the truth is that we see discrimination and racism manifest, perpetuate and gain implicit approval so often that it not only has a very real impact on social inclusion and equality, but it is also frightening to all who believe in the value of a vibrant and diverse nation.

What is needed is systemic change. What is needed is for a proactive push to support a positive culture of equality in Australia.

The current process to consolidate federal anti-discrimination laws offers a fine opportunity to make such a push for this change.

FECCA contributed a submission to the inquiry into the Consolidation of Commonwealth Anti-Discrimination Laws earlier this month.  At its heart, our submission seeks to facilitate the empowerment of diverse communities so that they may fully exercise their human rights, and to place an onus on public and private sector industry to promote a culture of ‘equality for all’.

While our submission focuses on the RDA, it also considers the accessibility of anti-discrimination protections more broadly. With almost one in two Australians being born overseas or having a parent who was born overseas, many forms of discrimination, such as disability discrimination and sex discrimination, also have a great impact on CaLD communities, both independently or in conjunction with race discrimination.

FECCA recognises that the RDA is a strong piece of legislation, offering few exemptions and considering issues such as equality under the law (RDA s10), in contrast to other pieces of federal anti-discrimination law. However, the RDA cannot be upheld as a ‘perfect instrument’. Yes, the RDA’s positive unique features should be retained in any consolidated Act. However, there is room for change, and the time for this change is now.

What we call for in our submission is for solid protection on the basis of not only race, but also religion in a consolidated Act.

We call for offences with penalties to be made available for serious acts of racial vilification, discrimination, hatred and harassment.

We call for improved mechanisms to assist those from CaLD backgrounds to attain redress when victimised by discriminatory practices.  It is one thing to have systems in place for complainants, it is another to have systems in place which are accessible to those with a vulnerability – be this due to a language barrier, financial barrier or information barrier. 

We call for the implementation of a positive duty to promote equality, and for systems to be put in place to ensure there are agencies imbued with power to fight systemic discrimination at its source.

I encourage you to read FECCA's Submission, and to consider the impact of legislative change on Australia’s diverse communities.

The poor social and health implications of discrimination and racism are well documented, and it is in no-one’s interest to let them perpetuate. I cannot declare definitively whether or not it is fair to call Australia ‘a racist country’.  What I can say is that if, as a society, we value equality and diversity, then we must ensure legislative change has the promotion of equality at its heart.

Pino Migliorino is the chairperson of the Federation of Ethnic Communities’ Councils of Australia (FECCA). He has over 30 years involvement with and expertise in immigration and multicultural community affairs, including welfare, the arts and the Italian community. Professionally, Pino leads Cultural Perspectives and CIRCA Research and is a recognised expert in researching and communicating with diverse cultural and linguistic audiences.