Push to weaken Racial Discrimination Act opposed by ethnic and religious groups

Groups are against change to 18C but welcome proposal by MP Julian Leeser to amend Human Rights Act

Ethnic, religious and racial minority groups have rallied against a renewed push by conservatives to water down the Racial Discrimination Act.

Jewish, Muslim, Indigenous and Arab organisations, among others, say they are “deeply concerned” that changes to section 18C of the act will send a signal that racism is acceptable in Australia.

The combined expression of opposition mirrors a similar campaign launched during Tony Abbott’s politically disastrous effort during the last parliament to water down the RDA protections – a campaign that rattled Coalition MPs and led ultimately to the then prime minister backing off from the attempt.

Many government MPs remain concerned the renewed debate around the RDA will provoke a political backlash in ethnic and religious communities.

The expression of opposition from communities comes two days after the Turnbull government announced a new parliamentary inquiry into freedom of speech.

While the groups oppose a change to 18C, they have welcomed a proposal from the federal Liberal MP Julian Leeser that the Australian Human Rights Commission Act be amended to make it harder for unmeritorious complaints to make it to court.

Leeser is one of a number of MPs to argue that the government should amend procedures for addressing complaints rather than adjust the RDA itself.

The new parliamentary inquiry will consider two issues. The first issue is whether sections 18C and 18D impose “unreasonable restrictions” on freedom of speech. The second is whether the complaints-handling procedures of the Human Rights Commission should be reformed.

In a speech to the Chinese Australian Services Society last week, Leeser said section 18C should be retained but the complaints-handling process should be improved so the Human Rights Commission would be required to more quickly identify and filter out unmeritorious complaints at an early stage – before lengthy legal processes begin.

“The real problem is the process of the Australian Human Rights Commission, which forces 18C complaints into an almost compulsory conciliation process, regardless of the merits of the complaint,” Leeser said.

“Many of the cases which have drawn wide public discussion – the Bill Leak case, the QUT students case and even the David Leyonhjelm case – may have been more swiftly determined if the commission had been able to terminate them on the basis that they had little prospect of success because the actions did not breach s18C or the defences under s18D were made out such that the case would be unsuccessful.”

Now representatives from the Executive Council of Australian Jewry, the Lebanese Muslim Association and the National Congress of Australia’s First Peoples, among others, have welcomed Leeser’s proposal.

“We welcome the ideas put forward by Julian Leeser MP, the member for Berowra ... proposing that the Australian Human Rights Commission Act be amended so as to minimise the likelihood of unmeritorious claims proceeding to court,” they said in a statement.

“We believe these proposals offer a sensible way forward to address the issues that have been highlighted by the QUT case and the complaint against Bill Leak.”

The Human Rights Commission and its head, Gillian Triggs, have been accused of “playing politics” for investigating the Australian newspaper and cartoonist Bill Leak over Leak’s cartoon depicting the neglect of Indigenous children by their parents.

On Thursday the immigration minister, Peter Dutton, reiterated his called for Triggs to resign.

“Australians want freedom of speech,” he told 2GB radio.

“They want to be able to talk to their mates in a sensible way without the political correct nonsense. They don’t want to have Gillian Triggs and other officials out of Canberra jamming some sort of language code down their throat and for a cartoonist in this country to be raked over the coals when he’s just expressing a thought and putting his words into pictures.

“People won’t tolerate that and so Gillian Triggs should do the right thing [and resign], absolutely.”

Signatories to the letter:

  • Vache H Kahramanian, managing director Armenian National Committee of Australia
  • George Vellis, coordinator Australian Hellenic Council
  • Robert Goot AM SC, president, and Peter Wertheim AM, executive director Executive Council of Australian Jewry
  • Jackie Huggins and Rod Little, co-chairs National Congress of Australia’s First Peoples
  • John Kennedy, president United Indian Association
  • Randa Kattan, chief executive officer Arab Council Australia
  • Tony Pang, vice chair/secretary Chinese Australian Services Society
  • Samier Dandan, president Lebanese Muslim Association
  • Mr Bon Nguyen, president Vietnamese Community in Australia
  • Kenrick Cheah, president Chinese Australian Forum
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