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Last week's legislative flurry was very messy, with few signs of reflection on what kind of a society we want to create, and how far particular legislation will help do so. The arguments for legislation are based on abstractions such as free speech and terrorism. They are not supported by sustained reflection on the way in which human beings interact.
The Prime Minister's Team Australia campaign will only work with policies of social inclusion. The Budget’s harsh and divisive welfare rules will drive young Muslim unemployed into the hands Islamic radicals. Church welfare agencies have suggested a solution by way of an independent entitlements commission to ensure welfare payments are fair.
Quite rightly the Section 18C repeal bill was seen to remove all limits on ‘freedom of speech’ without regard to the vulnerability of those targeted. Andrew Bolt was infuriated, Senator Brandis lost face and his new Human Rights Commissioner Tim Wilson was ‘disturbed’ by the bill being shelved. But the PM is a pragmatist.
'Undoubtedly there are many challenges confronting our elected leaders in dealing with violent crime and with pathological sex offenders. But long-term sustainable solutions must be based on respect for judicial independence and for the role of the legal profession.' Frank Brennan addresses the Queensland Council for Civil Liberties at The Irish Club, 175 Elizabeth St, Brisbane 8 July 2014.
In South Sudan, hate speech broadcast on a local FM radio station earlier this month led to the slaughter of hundreds of innocent civilians in a massacre based on ethnicity. Local UN officials are now calling on authorities to 'to take all measures possible to prevent the airing of such messages'. Meanwhile in Australia, the Government is attempting to give legal sanction to the kind of hate speech that incited to the South Sudan massacre.
In 1994, a year before the Parliament enacted the present section 18C of the Racial Discrimination Act, I wrote in Eureka Street: 'At this time, in this part of the world, thought-police armed with criminal sanctions are not the answer' to racial discrimination. Senator Brandis has now circulated a proposal to amend the existing provisions. What he has produced is the racial hatred law you have when you don't want a racial hatred law.
'Whether or not we have a bill of rights, much of our human rights jurisprudence remains partial, failing to extend rights equally to all. Once we investigate much of the contemporary discussion about human rights, we find that often the intended recipients of rights do not include all human beings but only those with certain capacities or those who share sufficient common attributes with the decision makers. It is always at the edges that there is real work for human rights discourse to do.' Frank Brennan's Blackfriars Lecture
How ironic that, even as Attorney General Brandis ensures the rights of 'bigots', the rest of us find our own rights under threat. Liberal state governments continue to roll out laws that affect the more marginalised and less privileged among us. Victoria's new 'anti-protest' laws and Queensland's 'anti-bikie' laws threaten public protest and assembly, which for most of us is how we exercise our freedom of expression.
The Howard Government's radical-right tendencies emerged gradually. By contrast, the Abbott Government has already sent multiple signals that it is intent to radically remake the political fabric. While the restoration of knighthoods to the national honours system is merely a wacky emanation of the prime ministerial psyche, the proposed amendments to the Racial Discrimination Act are corroding basic principles of constitutional democracy.
The South African experience suggests racial discrimination begins with the appropriation of wealth and power by one racial group and its consequent suppression of other groups in order to extend its wealth and power. If we are to address racial prejudice and discrimination we need to examine the way in which wealth and power are distributed and protected in society. In Australia, they are being concentrated increasingly in fewer hands.
Andrew Bolt's response to Q&A's airing of accusations of racism was surprising. While no human is immune to emotional distress, it seems excessive for a man whose career has taken him to the edge of defamation laws to publicly wither under his opponents' attacks. This matter brings to light the discord between Australian conservatives' rhetoric about liberty and free speech, and the reality their policies and opinions impose.
The Federal Government plans to change the Racial Discrimination Act to give preference to free speech over protecting individuals and groups from vilification. It is not surprising that there is strong media support for the changes, as they will give investigative reporters and shock jocks alike the legislative freedom they need to do their job. But the Government must include robust legislation to penalise those who get their facts wrong.
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