Attention: Australian Human Rights Commission
rights@humanrights.gov.au
Dear Sir/Madam
Religious Freedom
Australian Multicultural Council Submission – 25 September 2015
The Australian Multicultural Council (the Council) is pleased to respond to this opportunity to
present a submission on religious freedom in advance of a roundtable to be held during
November 2015.
The Council is a Prime Minister-appointed body which provides advice to the Australian
Government on multicultural policy and programmes with a particular focus on:
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harnessing the economic and social benefits of Australia’s culturally diverse population;
celebrating diversity, promoting social acceptance and fostering engagement with
Australian values, identity and citizenship, within the framework of Australian law;
building stronger and more cohesive communities and addressing barriers to
participation including racism and discrimination;
promoting greater intercultural and interfaith dialogue; and
empowering civil society through partnerships with the business sector and harnessing
the experience of established communities in developing the capacity of newer
communities.
As such, the matter of religious freedom is of particular interest to the Council.
The Council considers religious freedom to be integral to sustaining and supporting socially
cohesive and engaged communities. This is particularly relevant in a multicultural and multifaith society such as Australia, which has long had a diversity of religious beliefs and practices
(including no religious beliefs)1.
The Council considers religious freedom to be a fundamental human right as recognised by the
United Nations in article 18 of the Universal Declaration of Human Rights in 19482. In line with
the Australian Government’s ratification in 1980 of the United Nation’s International Covenant
on Civil and Political Rights (1966), we support the protection of religious freedom and belief
and the practice of these beliefs 3. We are also of the view that altering this protection should
only be considered under exceptional circumstances, such as for reasons of public safety and
order, or to protect the rights and freedoms of others.
Where the practice of any religion is in conflict with Australian law, the latter should prevail. In
general, the Council recommends this as a principal to include in all aspects of Australian
citizenship and in official statements of Australian values
Where Governments fund organisations to provide a public service, the Council is of the view
that such a service must balance the religious freedoms of those who utilise the service with the
need to protect the safety, rights and freedoms of those with differing beliefs, without
diminishing the service. To do otherwise could be considered discriminatory.
The right of all Australians to be treated equally in the eyes of the law is paramount. However,
the Council acknowledges that there are areas in the practice of some religious faiths which may
impinge on the rights of those with differing beliefs to be treated equally in the eyes of the law,
for example, the impact of gender or sexual orientation on employment and education
opportunities.
1
Australian Bureau of Statistics 2013, Losing my religion? cat. no. 4102.0 - Australian Social Trends, ABS, Canberra.
UN General Assembly, Universal Declaration of Human Rights, 10 December 1948, United Nations.
3 UN General Assembly, International Covenant on Civil and Political Rights, 16 December 1966, United Nations,
Treaty Series, vol. 999, p. 171.
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Despite differences between faiths, the Council considers the pursuit of areas of shared
agreement to be worthwhile, with priority given to areas deemed essential for an individual’s
participation and development in the social and economic life of a society, and which respects
and preserves the dignity of individuals.
In May 2014, the Council facilitated an interfaith roundtable to discuss how the Australian
Government should be involved in interfaith dialogue and social cohesion in Australia . The
roundtable resulted in the Interfaith and Social Cohesion in Australia report4; the Council
suggests that the Australian Human Rights Commission consider the report’s recommendations
as part of its work on religious freedom.
The roundtable recommended the convening of regular interfaith dialogues as a mechanism to
nurture cooperative and positive interactions between religious groups. Such dialogues have the
potential to promote harmony, understanding and build social cohesion, and would be useful as
a mechanism for seeking areas of shared agreement between various faith groups.
It is the view of the Council that recommendations from the Interfaith and Social Cohesion in
Australia report continue to be relevant today; recommendations to support interfaith
networks, interfaith education; and national interfaith representation. These recommendations
have been provided to Government but apply to all agencies, particularly Government agencies,
whose scope comprises the provision of social services.
I thank the Australian Human Rights Commission on behalf of all Council members for the
opportunity to comment on the issue of religious freedom and look forward to continuing to
work with the Commission as it undertakes its religious freedom roundtables.
Yours sincerely
Dr Sev Ozdowski OAM FAICD
Chair, Australian Multicultural Council
25 September 2015
4
Australian Multicultural Council 2014, Interfaith and social cohesion in Australia: looking to the future. The
Australian Multicultural Council’s report to Government June 2014. Canberra.
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