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Submission by the Human Rights Council of Australia Inc. to The Submission by the Human Rights Council of Australia Inc. to the Senate Legal and Constitutional Affairs References Committee Inquiry into Nationhood, National Identity and Democracy Abstract This submission argues that it is critical for community cohesion and in respect of observance of international human rights to recognise and address the racist elements present in the movements described as “populist, conservative nationalist and nativist” which the inquiry addresses. These elements include the promotion of concepts of "white nationalism" which are largely imported from North America and Europe. Racist movements adopt sophisticated recruitment and radicalisation techniques similar to those seen among jihadists. Hate speech requires a strengthened national response and we recommend that its most extreme forms be criminalised in federal law, taking into account relevant human rights principles. A comprehensive annual report is required to ensure that key decision makers including parliamentarians are well-informed about the characteristics and methods of extremist actors. Further, noting the openly racist call for a return of the “White Australia” policy by a former parliamentarian, a Parliamentary Code of Ethics, which previous inquiries have recommended, is now essential. The immigration discourse is particularly burdened with implicit (and sometimes explicit) racist messaging. It is essential that an evidence base be developed to remove racist effects from immigration and other national debates. International human rights are a purpose-designed response to racism and racist nationalism. They embody the learned experience of the postwar generation. Human rights need to be drawn on more systematically to promote community cohesion and counter hate. Community cohesion and many Australians would be significantly harmed by any return to concepts of an ethnically or racially defined “nation”. In the 21st century, Australia is a successful and consciously multicultural country and already grounds its community cohesion on values. Inclusive story-telling that embraces the stories and experiences of all Australians, including particularly those of indigenous Australians, is an important tool for promoting a sense of shared belonging and community cohesion. It is important to recognise and publicly affirm that what are called Australian values, are in fact, largely universal values shared with the vast majority who become part of the Australian community. These values are most clearly expressed in international human rights instruments. Values should not be used to implicitly marginalize members of our community. Summary 1. It is essential to recognise racist ideologies as what they are. The inquiry's terms of reference and discussion paper instead adopt the euphemisms “populist, conservative nationalist and nativist” to describe “white nationalism” which is a racist movement. It is critical that this racist character be acknowledged if the problem is to be addressed. 2. Racist ideologies are directly impacting Australia and its political life: The most extreme manifestations of racist movements give rise to acts of mass murder such as that allegedly carried out by an Australian in Christchurch earlier this year. These ideologies project false ideas of biologically or culturally separate races and false narratives of threat to the “white nation”. The ‘white nationalist’ movement has shown its ability to directly influence Australian politics with the open call for a return to “White Australia” by a former Senator and efforts to infiltrate Australian political parties. 3. Racist movements have sophisticated recruitment methods: The movement is sophisticated in its recruitment strategies and in its targeting of young people. Evidence-based methods to respond to the movement are required including a greater understanding of the nature of the threat among parliamentary decision makers. 4. A comprehensive annual report is required into the nature, extent, propagation and impacts of racist and other extremist ideologies: Civil society organisations provide ample demonstration of the kind of information that is needed to properly inform decision makers of the nature of racist and other extremist ideologies that threaten community welfare and cohesion. An annual government report of equal quality is required to inform government and parliamentary decision makers. 5. An Australian Parliamentary Code of Conduct is needed: There is a need for a Federal Parliamentary Code of Conduct as a bulwark against racist ideas which threaten fundamental Australian (and human rights) values and ultimately democracy itself. 6. The immigration discourse in Australia and globally is dysfunctional and provides a catalyst for racist sentiment: While immigration policy in Australia is formally non-discriminatory on racial grounds, the immigration discourse continually reinforces sentiments of exclusion which directly impact visible minorities in our community. Evidence-based reform of how immigration is discussed is required to prevent immigration discourse from harming members of the Australian population and undermining community cohesion. 7. The international human rights system provides a framework from which to respond to the challenges of racism: Human rights are particularly relevant to addressing the extremist concepts described above. The international human rights system was created in the post-war years to affirm the fundamental equality of all people. Greater efforts are required both to uphold human rights standards nationally and internationally; and to foster greater awareness and understanding of human rights through education. 8. Modern nation-states need to recognise that historical definitions of ‘nation’ and ‘national culture’ can no longer guarantee the well-being and cohesion of the community. The concept of the nation-state became significant as a political idea in the 19th century. Moreover, the origin of ‘nation-states’ is subject to vigorous academic debate. In particular, the question of whether state unification preceded or produced cultural unification (i.e. “the nation”) is contested. Furthermore, the specific ethnic or cultural traits which are viewed to be necessary components of a ‘nation’ changes over historical time periods and geographic location. In the context of Australia's consciously multicultural present and immigration policies, these concepts cannot guarantee future prosperity, peace or community cohesion for Australia's people. 9. Values, which Australia and other countries shares, and which are reflected in international human rights instruments, can be used as part of a strategy to promote community well-being and cohesion. Australia’s stances in relation to permanent immigration and citizenship already recognise that values are an effective way to promote a cohesive, peaceful and prosperous community. Rather than demanding adherence to a particular historical narrative or cultural traits, these values should be grounded in international human rights instruments. The fundamental principles outlined in these instruments represent a solution to the issues addressed 1 by the terms of reference. Diverse historical narratives and cultural traits can and should continue to be shared across segments of the Australian population, but these can exist alongside human rights-based markers for membership of the Australian nation. 10. Recommendation 1: That the Australian government amend the Racial Discrimination Act 1975 (Cth) to make the most extreme forms of hate speech a criminal offence taking into account international human rights standards and recommendations to ensure such laws are appropriate and coherent with human rights standards regarding freedom of speech. 11. Recommendation 2: That the Australian government adopt evidence-based responses to online radicalisation including white nationalist radicalisation. 12. Recommendation 3: That the parliament/government commission an annual report on extremist movements in Australia that advocate harm to Australia or portions of the Australian community. This report should describe the characteristics of these movements, including those motivated by racist ideologies, and their modes of operation, propagation, recruitment and impacts. 13. Recommendation 4: That a Code of Ethics be adopted and apply to all Parliamentarians prohibiting hate speech and requiring a commitment to uphold and promote the values enshrined in the Universal Declaration of Human Rights. 14. Recommendation 5: That the Australian government enter into consultation with the Australian Human Rights Commission (AHRC), the Office of the High Commissioner for Human Rights (OHCHR) and other agencies with relevant expertise to identify evidence-based constructive approaches to public discourse on immigration issues. 15. Recommendation 6: That the Australian parliament affirm its commitment to protect and promote human rights as fundamental Australian and international values, both as individual parliamentarians and as the collective representatives of the Australian community. 16. Recommendation 7: That the Australian government fund and promote efforts to provide opportunities for all community members to interact with Australians of backgrounds different to themselves, further support civil society and commission research to increase knowledge of evidence-based approaches for fostering cohesiveness. 17. Recommendation 8: That Australian government agencies responsible for explaining Australian values
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