Keywords: Racial Discrimination
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AUSTRALIA
- David Halliday
- 28 June 2024
It's been eight months since the Voice referendum, and people are starting to grapple with what its defeat means for Australia. There are few voices in Australia as qualified to conduct a postmortem of the outcome of the Voice referendum campaign as Frank Brennan. We examine what lessons can be learned and crucually, whether there’s reason for hope for Indigenous constitutional recognition.
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AUSTRALIA
- Warwick McFadyen
- 27 June 2024
To be complicit, must you share the same intent? If one says nothing, does nothing, does this signify complicity? Is there then such a thing as an innocent bystander?
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AUSTRALIA
'Racism seems to make the news a lot,' notes Jacqueline Maley, for a country that according to Queensland LNP senator Ian Macdonald has either no or only isolated racism. The most vicious, blatant racial abuse I have experienced or witnessed has been on public transport. Every abuser has been white. Almost all are men.
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RELIGION
- Frank Brennan
- 14 March 2017
24 Comments
The debate over section 18C of the Racial Discrimination Act (18C) has gone on for far too long. It's time to bring it to a close. To date, I have been silent in the present debate, in part because I was a critic of such legal provisions when they were first proposed in 1992 and again in 1994. I have since been convinced that a provision like 18C could be designed to target racial vilification, leaving offensive insults beyond the reach of the law in a robust democracy committed to freedom of speech.
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MEDIA
- Andrew Hamilton
- 14 March 2017
10 Comments
Arguments for repealing 18C ignore the symbolic force of law in an imperfect society in which we live. In public life the One Nation Party, which is able to exert some influence on legislation in a fragmented parliament, regularly criticises Muslims. These views are also retailed by commentators in some mainstream media. They increase the anxiety of immigrants from Muslim nations. In such a context any weakening of 18C will be seen as the declaration of open season against such groups.
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AUSTRALIA
- Mathew Drogemuller
- 31 March 2015
6 Comments
The WA premier plans to increase mandatory prison sentences for burglars. Mandatory sentencing regimes fail to take into account the underlying causes of the crimes they seek to punish. They remove a judge’s discretion to avoid a sentence of imprisonment, and fail to address the reality that such crimes reflect social problems that ensue from racial discrimination and colonial dispossession.
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AUSTRALIA
- Andrew Hamilton
- 14 August 2014
4 Comments
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.
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INTERNATIONAL
- Moira Rayner
- 08 August 2014
4 Comments
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.
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MEDIA
- Frank Brennan
- 11 April 2014
5 Comments
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.
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AUSTRALIA
- Frank Brennan
- 11 April 2014
1 Comment
'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
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AUSTRALIA
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.
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AUSTRALIA
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.
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