Inquiry into serious vilification and hate crimes Submission No 030 Queensl~nd Jewi .sh •···. · Boar,d ,of DeputieSrnc. ·. ..· . X PO B(lxl 77t, Mn. TON QLD .W6.t ABN: t~ ,n 321 Mt The Voice of Queensland Jewry since 1948 12 July 2021 Committee Secretary Legal Affairs and Safety Committee Parliament House Alice Street Brisbane QLD 4000 Email: [email protected] Dear Sir/Madam Re: Inquiry into serious vilification and hate crimes in Queensland The Queensland Jewish Board of Deputies (QJBD) makes the following submission in response to the Inquiry by the Legal Affairs and Safety Committee into the nature and extent of hate crimes and serious vilification in Queensland; and the effectiveness of section 131A of the Anti-Discrimination Act 1991 (the Act) and other existing Queensland laws responding to hate crimes. The QJBD is the peak, elected, representative body of the Queensland Jewish community. This submission is also made on behalf of the QJBD’s 27 affiliated organisations and the 4000+ Jews living throughout Queensland. We believe this Inquiry provides the Queensland Parliament with an opportunity to ensure protection for the Jewish community, as well as members of other vulnerable groups based on race, religion, sexuality or gender. Although the Jewish community is well-integrated into, and generally well-regarded by the wider community, it is also the target of hatred from a range of disparate sources across Queensland, and we know too well that leaving such conduct unpunished invites even worse conduct – not only against Jews, but also against other vulnerable minorities. Submission to the Inquiry into serious vilification and hate crimes in Queensland 1 Prepared by the Queensland Jewish Board of Deputies 12 July 2021 The reform we advocate in our submission does not involve a major nor strategic change, but rather the minimum changes necessary to make the law fulfill its original purpose in practice, and to protect the rights of all citizens. If you would like any further information or discuss the submission, please do not hesitate to contact me. Jason Steinberg Vice President Queensland Jewish Board of Deputies Submission to the Inquiry into serious vilification and hate crimes in Queensland 2 Prepared by the Queensland Jewish Board of Deputies 12 July 2021 TIME TO STOP JEW HATRED Submission to the Queensland Parliamentary Inquiry into serious vilification and hate crime ~ Queensland Jewish ~ Board of Deputies,." The voice of Queensland Jewry since 1948 12 July 2021 About the Jewish community in Queensland The first record of Jewish settlement in Queensland was around the same time the colony of Queensland separated from New South Wales in 1859. Several Jewish families left Sydney to settle in Queensland and on Sunday 5 March 1865 the first communal meeting was held to start the establishment of a formal congregation and place of Jewish worship in Brisbane. For over 156 years, members of the Jewish community have been active in all sections of Queensland life, including sport, academia, law, health, education, philanthropy, industry, commerce, welfare and politics. According to the Australian Bureau of Statistics Population Census of 2016, there are approximately 4,300 Jews living in Queensland. The community is dispersed across the state with high populations in the southeast corner (Brisbane, Gold Coast, Sunshine Coast and Toowoomba) and smaller numbers in Cairns and Townsville. The total number of Jews in Queensland identified in the Census is considered an underestimate (by a factor of 50%) because the Census does not list Judaism as a religion – respondents must select ‘other’ and then write ‘Jewish’ or ‘Judaism’. It is also important to note for the purposes of this Inquiry that a proportion of the Jewish community will not openly identify as Jewish, even on the Census form, for fear of antisemitism. For some, it is because of their family’s Holocaust legacy and, for some, it is because of their lived experience of antisemitism. About the Queensland Jewish Board of Deputies The Queensland Jewish Board of Deputies Inc. (QJBD) is the official roof-body of all Queensland Jewry. The QJBD is recognised by the Queensland State Government and its agencies, the media and other ethnic and religious groups as the representative body of the Jewish community. It speaks on the community’s behalf on all matters affecting the status, welfare and interest of Queensland Jewry. Its objectives are: • To provide a united and responsible Jewish voice that is heard by all levels of government – Local, State and Federal. • To provide an effective means of combating antisemitism. • To provide friendly forums that allow difficulties and problems to be discussed and resolved. • To organise communal ceremonies such as functions for visiting dignitaries. • To provide speakers on Jewish topics to service clubs, schools and Church groups. • To promote knowledge and understanding of the Jewish people and Judaism and work towards inter-community harmony and goodwill with other religious, ethnic and cultural groups. This includes active participation in the Queensland Forum of Christians, Jews and Muslims and the Ethnic Communities Council of Queensland. The QJBD is a constituent body of the Executive Council of Australian Jewry (ECAJ), which represents all Australian Jews in its dealings at a national level. Submission to the Inquiry into serious vilification and hate crimes in Queensland 3 Prepared by the Queensland Jewish Board of Deputies 12 July 2021 Table of contents About the Jewish community in Queensland 3 About the Queensland Jewish Board of Deputies 3 1 Submission overview 5 2 Antisemitism 7 2.1 History 7 2.2 Definition of antisemitism 9 2.3 Incidents of hate and vilification against Jews in Queensland 10 2.3.1 ECAJ annual report on antisemitism 10 2.3.2 Research into antisemitism in Queensland – the voice of Jewish victims 11 2.4 Examples of antisemitism in Queensland 17 2.4.1 White supremacist and other far-right extremist groups 19 2.4.2 Case study 1: 20 2.4.3 Case study 2: 24 2.4.4 Case study 3: 26 3 Recommendations 28 3.1 Proposed amendments 28 3.2 Ban Nazi symbols 34 4 Supporting information and background 36 4.1 Global Working Definition of Antisemitism 36 4.2 Codes and Terms for “Jew” 38 4.3 State and Territory laws proscribing vilification 40 This submission has been prepared by the Public Affairs sub-committee of the QJBD. For information, please email [email protected]. Special thanks to Peter Wertheim (Co-CEO) and Julie Nathan (Research Director) of the ECAJ for the input and access to their high-quality research. Without the ECAJ’s work, a submission of this nature would be difficult for a small community like Queensland. Thanks also to Professor Andrew Marcus and his team at the Social Research Centre on its probability-based Life in Australia panel who prepared the Plus61J survey on attitudes to Israel, Jews and antisemitism1. 1 http://plus61j.net.au/wp-content/uploads/2021/05/Plus61J-report-19-May-final-corrected.pdf Submission to the Inquiry into serious vilification and hate crimes in Queensland 4 Prepared by the Queensland Jewish Board of Deputies 12 July 2021 1 SUBMISSION OVERVIEW The terms of reference for the Legal Affairs and Safety Committee are to inquire into: • The nature and extent of hate crimes and serious vilification in Queensland and whether there is evidence of increasing instances of serious vilification in Queensland • The effectiveness of Section 131A of the Anti-Discrimination Act 1991 (the Act) and other existing Queensland laws responding to hate crimes. Our submission highlights that most Jewish people in Queensland have experienced some form of hate and vilification because they are Jewish and there has been an increase in such incidents. Targeted members of the Jewish community are often not prepared to speak up to the Police because they are fearful of more racism by the perpetrators. This submission provides examples of Jewish people’s experiences of hatred and vilification in Queensland. There is also evidence that far-right white supremacist groups and individuals are gaining strength in the state, increasing hate-based activity. Details of far-right groups and a range of antisemitic incidents are also provided in the submission. Within these examples, we have also provided commentary on the relevance to the Inquiry and to support our recommendations. Section 131A has proven to be ineffective in prosecuting incitement of racial hatred and does not fulfil its professed purpose. Since its introduction in 1991, none of the matters referred for prosecution under Section 131A of the Act has resulted in a prosecution, let alone a conviction. On this basis, we contend that the section has failed to operate in line with community expectations. A review of Australia’s Federal, State and Territory laws proscribing incitement of violence or vilification based on race or religion shows a failure to deal adequately with the advocacy of violence. The exception appears to be Chapter XI of the Criminal Code Act 1913 (WA) dealing with racist harassment and incitement to racial hatred, which has demonstrated its effectiveness in a matter that came before a 12-person jury and resulted in a conviction and the imposition by the jury of the maximum penalty, namely three years imprisonment. On 31 January 2011, became the first person sentenced under Western Australia’s anti-vilification laws. He was sentenced to three years imprisonment by a jury in the Perth District Court after being found guilty of six charges of racial vilification. In 2009, Mr had posted footage of himself on the internet showing him harassing and insulting a young Jewish man and of a speech filmed outside the Bell Tower in Perth. The offences also related to an altercation between Mr and two young Jewish men at a protest rally outside an IGA supermarket in south Perth.