ISLAMIC COUNCIL OF New South Wales Inc. Challenges for Australian Muslims: Discrimination, Anti-Terrorism, and the Media 2004 – 2005 405 Waterloo Rd Chullora NSW 2190 Tel: 02 9742 5752 Fax: 02 9742 5665 PO Box 423 Greenacre NSW 2190 http://www.icnsw.org.au mail@icnsw.org.au Islamic Council of New South Wales 2004 Foreword Since the September 11 Terrorist Attacks in America and the Gulf Crisis in the 1991, an increased and explicit fear has emerged in contemporary Australian society – Islamaphobia. Professor Kevin Dunn reported this phenomenon in a recent paper “Attitudes of Islam in Australia: Measuring Islamaphobia”, where he stated that a third of surveyed respondents believed that Islam posed a threat to Australia, although few of these respondents could articulate the basis for this fear. These views have been further substantiated by the Isma report, commissioned by the Human Rights and Equal Opportunity Commission (HREOC). The community has a fear of Muslims and Muslims have a fear of being targeted. As the Chair of the Islamic Council of New South Wales, I am saddened by this turn of events both for Australian Muslims and for those who fear Islam. Muslims have played an important role in the development of Australian society, long before the Europeans mapped our coastline. Yet we arrive at this point in history where the Islamic and Arabic speaking Communities continue to be the target of discrimination and vilification. The onslaught of direct acts of racism, vilification and harassment has impacted in a significant way on the attitudes and lives of many Australian Muslims and their religious centres, reinforcing a sense of “difference” and fear amongst members of the community who have long considered themselves as Australian citizens. Attacks have been directed at women, school children, university and college students as well as community organisations, Islamic centres and places of worship. Many Muslims, including organisations such as the Council, have received extensive hate mail, verbal abuse, physical attacks and many other expressions of intolerance and hatred. This trend is disturbing and continues to grow like a cancer in Australian society. Australia’s anti-terrorism legislation since 2001, have inadvertently targeted the Muslim community, which actively contributes to increasing racial and religious discrimination against Muslims. The impact is evidenced by the fact that to date, only Muslims have been arrested under the new laws. Yet, there is no legislation to protect Australians on the basis of religious discrimination. As one respondent said, “there is a fear in the community that one day you will wake up and your husband will be taken away under the new ASIO laws. The way the government treated people who underwent the raids was shocking”. The mainstream media has skewed opinions and views on the Muslim community. The media is the only source of information for many Australians, and often it informs their views on Islam. Yet, the media has an emphasis on reporting sensational events, without referring to context. This is of prime concern for Muslim Australians. Challenges for Australian Muslims: Discrimination, Anti Terrorism and the Media (2004) identifies the concerns of many Muslim Australians and proposes solutions. We need to ensure that Muslim Australians have equal access to participation in society. 2 Islamic Council of New South Wales 2004 There is real and urgent need for a more strategic, coordinated and consistent approach that responds to the issues and experiences identified. These issues and experiences require action – action that is clearly articulated and included in this report and other government/agency reports dealing with religious discrimination and vilification especially in the current turbulent local and global environment. I wish to conclude by acknowledging the following individuals and researchers whose contribution to the report has been of great significance. Much thought and effort has gone into this report and our gratitude is extended to Ms Nada Roude; Ms Dalal Ouba; Dr. Kevin Dunn, UNSW. In particular we wish to acknowledge the work undertaken by Ms Agnes Chong for her hard work in the writing and Dr. Dunn for his editing of the final report. We also wish to thank all individuals from the NSW Muslim community for their input and feedback which has been incorporated into the report. Ali Roude (OAM) Chairman 3 Islamic Council of New South Wales 2004 Table of Contents ABOUT THE ISLAMIC COUNCIL OF NEW SOUTH WALES ......................................................... 5 INTRODUCTION ...................................................................................................................................... 7 RACIAL DISCRIMINATION AND VILIFICATION LEGISLATION .............................................. 9 NSW Anti-Discrimination Board ...................................................................................................... 13 Recommendations ............................................................................................................................. 13 ANTI-TERRORISM LEGISLATION ................................................................................................... 14 Recommendations ............................................................................................................................. 16 MEDIA – “THE LAST SIGNIFICANT AREA OF ARBITRARY PUBLIC POWER” ................... 17 Portrayal and stereotyping of Muslims ............................................................................................. 20 One-sided reporting and unequal access .......................................................................................... 24 “Factual” reporting ......................................................................................................................... 24 Recommendations ............................................................................................................................. 25 CONCLUSION ......................................................................................................................................... 27 BIBLIOGRAPHY .................................................................................................................................... 28 4 Islamic Council of New South Wales 2004 About the Islamic Council of New South Wales The Islamic Council of New South Wales is a community-based organisation which was established in 1976 to address and respond to the settlement and religious and educational needs of the first generation of Australian Muslims. As a peak state umbrella body representing over 20 Muslim organisations from diverse ethnic, cultural and linguistic backgrounds living in NSW, the Council’s objectives are to facilitate the integration and participation of Australian Muslims into Australia’s culturally and religiously diverse society through the promotion of education, training and community development, community relations and harmony. Through community education, interaction and dialogue between all stakeholders, the Council works in collaborative partnerships with a view to enhance, cultivate and facilitate the coordination of vital programs and services that respond to the diverse and changing need of the Australian Muslim community. In fulfilling its duties and obligations to its member societies and its constituents, the Council has undertaken numerous and diverse activities that ensure that the voices of Australian Muslims are not just heard but also included in the development, planning and delivery of services and programs which takes into account the issues and concerns as they impact on their daily lives. In doing so, the Council represents and makes representations on behalf of individual Muslims and Muslim organisations to bodies including, Local, State and Federal Governments, as well as organisations and governments outside Australia. The Council has made a number of submissions to government inquiries as well as to relevant bodies and organisations on issues affecting Muslims, including the submission to the Human Rights and Equal Opportunity Commission Inquiry into Racist Violence in 1989, and the submission to the Commonwealth Attorney-General regarding the Racial Discrimination Amendment Bill 1992. The Council advocates for the common interest of Muslims and undertakes activities which compliment the work currently undertaken by established and emerging groups. However, in addition to the services provided, the Council plays a pivotal role in the dissemination of information on Islam, the promotion of positive rightful citizenship of Muslims, the maintenance and promotion and recognition of Muslim rituals and faith in the lives of Muslims, and advocating for the improving the social and religious standing of Australian Muslims in NSW in all aspects of life including, health, education, and employment. The development of programmes and projects in the area of employment, education, training, settlement, housing, religious instruction in public schools, and the development of and the provision of a Muslim radio broadcasting service within NSW are amongst the many diverse services established to facilitate the integration of Muslims in their new home Australia. 5 Islamic Council of New South Wales 2004 The Council also fosters and promotes social contact and co-operation among Muslims and non Muslims so as to create avenues for combined charitable and humane efforts that responds to local and global projects and tragedies impacting on the lives of people of all backgrounds. A major component of the Council’s activities centres on the promotion of peace, understanding and good relations amongst all people. 6 Islamic Council of New South Wales 2004 Introduction Muslims have had a significant and long-standing role in Australia’s history. Many believe that Muslims are new arrivals on the Australian shore, yet in actual fact, the first wave of Muslim migrants were the Macassans from Indonesia who mixed and traded with the local Aboriginal community centuries before the Europeans arrived in Australia. In the 1800s, more than 3000 Afghan settlers arrived in Australia and played a major role in helping Europeans explore Australia’s arid inland. They carried freight, food, explorers, and even the telegraph to places barely accessible by horse or on foot. They established themselves in this country while adhering to their Muslim traditions of prayer and fasting. Muslims have made significant contributions to the development of this country, yet in recent years, research has shown high levels of intolerance and discrimination displayed towards Muslims, and Muslims in particular experience higher than average rates of incivility and violence. A recent university survey asked respondents if they believed there were any cultural or ethnic groups that did not fit into Australian society. They were asked to specify which groups did not fit. Twenty-eight per cent of the responses referred to Muslims, and 28% of the references were to people from the Middle East. When asked what level of concern a person would have if a relative were to marry a Muslim person, 14.7% of participants said they would be ‘extremely concerned”. The next highest group was the Aboriginal group, but even that was only at 3.9%1. The concept of “Islamaphobia” is discussed at length by Dr Dunn in his recent paper “Attitudes of Islam in Australia: Measuring Islamaphobia”2. This work drew on a national survey that showed “over a third of respondents insisted that Islam did not pose any threat to Australia”. Of those who stated that Islam posed some level of treat, only 255 out of 736 could articulate the specific form of that threat, suggesting that “there is a strong level of unsupported fear of Islam, or unsupported Islamaphobia.”3. The Isma report recently released by the Human Rights and Equal Opportunity Commission aimed to find out whether Arab and Muslin Australians had become targets of increased hostility since 11 September 2001. The Commission consulted with over 1400 Arab and Muslims Australians. The project was conducted “in response to mounting anecdotal evidence from a range of Arab and Muslim community members Dunn, K.M., Forrest, J., Burnley, I. & McDonald, A., 2004: “Constructing Racism in Australia” Australian Journal of Social Issues, 39(4), in press November. Source: The UNSW/MQU Racism Survey, telephone survey, Oct-Dec 2001 2 Dunn, K.M., 2004: “Attitudes to Islam in Australia: measuring Islamaphobia”, Geography Teachers Association of NSW Conference: Population Issues, (Parliament House, Sydney), 13-14 August. 3 Dunn, 2004. 1 7 Islamic Council of New South Wales 2004 and organizations about a rise in anti-Arab and anti Muslim prejudice in Australia.”4 The Isma report extensively documents the discrimination and vilification faced by Muslims today. The experience of the community since September 11 can be encapsulated by these comments from consultants of the report5: ‘The community has a fear of Muslims and Muslims have a fear of being targeted.’ ‘After September 11, Bali and the Iraq war we are treated like terrorists … Even Muslims who have been part of this country for many years all of a sudden were no longer treated as part of this country …’ ‘What all Muslims get is discrimination. There's just a basic idea and a stereotype that 'they're all trouble makers' and that they just don't like you just because of your looks … There is nowhere you go that there is no discrimination.’ The consultations of the Isma report are supported by hard evidence from many other empirical studies. The Racism Monitor which collected data from Muslim community organisations found that Muslims in Australia regularly experienced discrimination, verbal abuse and violence6. Further, from our experience with direct contact with community organisations, we know that this is not anecdotal, but is in fact so widespread that some expect it as an ‘ordinary experience’ of Australian life. Against this backdrop of the entrenched negativity of views held towards Muslims, the Council is concerned about the lack of government policy, both domestic and international, and its likely effect on public opinion; the lack of legislative measures with respect to discrimination and vilification on the grounds of religion; and the constant effect and influence that the mass media have on public opinion. In this report, we examine the legal backdrop, explore in more detail some of the problems faced by Muslim Australians amidst today’s political climate, and make recommendations for change in relation to the following issues: 1. Federal and State Racial Discrimination and Vilification Legislation 2. Anti-terrorism Legislation 3. Media Human Rights and Equal Opportunity Commission, “Isma – Listen: National Consultations on eliminating prejudice against Arab and Muslim Australians”, 2004. 5 Isma, at para 2.1. 6 Browning, J., Jakubowicz, A., Gold, A. (2003) What can we say about racism in Australia? Discussion Paper No. 1, Racism Monitor, July, p. 7. 4 8 Islamic Council of New South Wales 2004 Racial Discrimination and Vilification Legislation Laws prohibiting incitement of racist hatred and hostility protect the inherent dignity of the human person. In a multicultural society, values such as equality of status, tolerance of a wide variety of beliefs, respect for cultural and group identity and equal opportunity for everyone to participate in social processes must be respected and protected by law.7 Currently, the federal Racial Discrimination Act 1975 (Cth) (‘Racial Discrimination Act’) prohibits discrimination on the ground of race, colour, descent, and national and ethnic origin. Specifically, section 9 provides that, It is unlawful for a person to do any act involving a distinction, exclusion, restriction or preference based on race, colour, descent or national or ethnic origin which has the purpose or effect of nullifying or impairing the recognition, enjoyment or exercise, on an equal footing, of any human right or fundamental freedom in the political, economic, social, cultural or any other field of public life. The Racial Discrimination Act also prohibits offensive behaviour based on racial hatred. Section 18C states that it is unlawful for a person to do any public act that is reasonably likely to offend, insult, humiliate or intimidate another person or a group of people because of the person’s race, colour, or national or ethnic original. It is a defence to a claim of offensive behaviour based on racial hatred if it was said or done reasonably and in good faith in a performance, exhibition or distribution of an artistic work, in the course of any statement, publication, discussion or debate made or held for any genuine academic, artistic or scientific purpose or any other genuine purpose in the public interest, or in making or publishing a fair and accurate report or comment on an event or a matter of public interest.8 Complaints are to be made at first instance to the Human Rights and Equal Opportunity Committee. Similar discrimination and vilification laws exist in NSW. Under the AntiDiscrimination Act 1977 (NSW) (‘Anti-Discrimination Act’), it is unlawful to discriminate against a person on the ground of race9. Section 20C states that it is unlawful, by a public act, to incite hatred towards, serious contempt, or severe ridicule of a person or group of persons on the ground of race. ‘Race’ is defined as including colour, nationality, descent and ethnic, ethno-religious or national origin10. 7 New South Wales Law Reform Commission, Review of the Anti-Discrimination Act 1977 (NSW). Report 92. NSW Law Reform Commission, Sydney, 1999 at para 7.44. 8 Racial Discrimination Act 1975, section 18C. 9 Anti-Discrimination Act 1977, section 7. 10 Anti-Discrimination Act 1977, section 4. 9 Islamic Council of New South Wales 2004 It is a defence where the act was done reasonably and in good faith, for academic, artistic, scientific or research purposes or for other purposes in the public interest11; if it was a communication that qualified as absolute privilege12; or any fair report of a public act13. Complaints are to be made to the President of the Anti-Discrimination Board (‘ADB’). Any investigation by the President of ADB must be initiated by the lodgement of a formal complaint. He or she may then refer the matter to the Equal Opportunity Tribunal where if conciliation is unsuccessful, or the Attorney-General for his or her consent for prosecution in serious cases14. The plain meaning of the words is to be taken into account15, though it has been held that “vilification” is “reserved for serious and significant speech and actions, in accordance with the purposes of the legislation”16, which means that the speech needs to meet the high threshold of inciting hatred, serious contempt or severe ridicule. The test of incitement is an objective test17, the tribunal is to have regard to the hypothetical18, ordinary reasonable reader of the particular publication, “who is not malevolently inclined nor free from susceptibility to prejudice”19. The tribunal is also to examine these factors20 to extract the overall real impact on the reader or listener21: the length of the material; the nature of the publication; the context and the type of language used; and whether the material was published repeatedly22. Unlike the law of defamation, sections 88 and 103 allow for representative complaints as long as the complaint was made bona fide and in good faith23, for example, that the complainant is a member of the class of persons affected by24 the conduct of the respondent25. Other factors include the impracticability of joinder of all members given 11 Anti-Discrimination Act 1977 (NSW) section 20C(2)(c). Either under Division 3 Part 3 of the Defamation Act or otherwise; AntiDiscrimination Act 1977, section 20C(2)(b). 13 Anti-Discrimination Act 1977, section 20C(2)(a). 14 Anti-Discrimination Act 1977, section 20D(2). 15 See Harou-Sourdon v TCN Channel 9 Pty Ltd [1994] EOC 92-604. 16 Tibbey, M. “Developments in Anti-vilification Law” (2001) 21 Australian Bar Review 1, 6. 17 Kazak v John Fairfax Publication Ltd [2000] NSW ADT 77 (22 June 2000), 38. 18 Harou-Sourdon. 19 Kazak, 38. 20 Butler, D. & Rodrick, S. (1999) Australian Media Law. Law Book Company, Sydney, 30 at p. 343. 21 See such cases as Harou-Sourdon; WA Legal Service Ltd v Jones [2000] NSW ADT 102; and Neal v Sunday News Auckland Newspaper Publications (1985) Eq Opps Cases 92-130. 22 Harou-Sourdon. 23 Anti-Discrimination Act section 103(1). 24 Anti-Discrimination Act section 103(2)(a)(ii). 25 Anti-Discrimination Act section 103(2)(a)(i). 12 10 Islamic Council of New South Wales 2004 the size of the group26, whether the “the claims are typical of the claims of the class”27, or whether “the justice of the case demands that the matter be dealt with and a remedy provided by means of a representative complaint”28. While these federal and state safeguards are commendable, extensive research 29 has found that the legislation is not a complete answer to the problems of racial vilification. Firstly, the objective test applied by the courts is not appropriate given that the aim of the legislation is to protect people who may be subjectively affected by the speech; and more importantly, it is inadequate in only protecting groups from overt speech that incites hatred, serious contempt, or severe ridicule towards certain groups of members. In particular, both pieces of legislation fail to specify measures to deter religiously based vilification of Muslims or penalties for religiously based vilification of Muslims. In NSW, while it is unlawful to discriminate on the ground of a person’s ethno-religious origin, it has been held that a complaint of discrimination on the ground of that the person is a Muslim person does not fall within the Act and that there must also be a connection between the faith and his race, nationality or ethnic origin30. The Council is of the view that these laws are not sufficient in the current political and social context in their lack of specific prohibition of discrimination or offensive behaviour on the ground of religion. This is significant in that it leaves an aperture in the national system of protection against discrimination. In 1984, the NSW Anti-Discrimination Board published a report titled Discrimination and Religious Conviction. The report supported the inclusion of religion in the AntiDiscrimination Act in order “to counter religious prejudice in major areas of public life”. It also recognised this as crucial in providing adequate address to the needs of all members of the community31. However, in the 20 years since the report was completed, little has been done to guarantee the protection of the human rights of Muslim Australians by providing criminal sanctions or civil remedies for religious vilification. The Muslim community is especially vulnerable in this context as it is ethnically diverse. Muslims who experience religious discrimination (but not necessarily hostility based on nationality or race) cannot avail themselves of existing anti-discrimination mechanisms, as the Muslim complainant would only be granted a remedy if he or she argued his or her case of discrimination or offensive behaviour on one of the grounds of 26 Anti-Discrimination Act section 103(2)(a)(iii). Anti-Discrimination Act section 103(2)(a)(v). 28 Anti-Discrimination Act section 103(2)(b). 29 McNamara, Luke. “Research Report: A Profile of Racial Vilification Complaints Lodged with the New South Wales Anti-Discrimination Board” (1997) 2 International Journal of Discrimination and the Law 349 at 357. 30 Khan v Commissioner, Department of Corrective Services [2002] NSWADT 131. 31 NSW Anti-Discrimination Board, (1984) Discrimination and Religious Conviction, Sydney, p. 275-277. 27 11 Islamic Council of New South Wales 2004 race, colour, or national or ethnic original. This situation is distinct, by way of example, from that of Australia’s Jewish (and Sikh) population who can seek recourse to the federal Racial Discrimination Act on the basis of belonging to a race, or the NSW AntiDiscrimination Act on the basis of belonging to an ethno-religious group. The absence of religious vilification laws becomes even more pertinent in light of extensive reports of discrimination and vilification against the Muslim community, as documented by the Human Rights and Equal Opportunity Commission. Isma, the Commission’s recent report of national consultations on eliminating prejudice against Arabs and Muslims, found that the majority of respondents had experienced some form of harassment and prejudice because of their religion. In consulting with almost 1,500 Arab and Muslim participants across Australia between April and November 2003, it found that, Most consultation participants experienced an increase in the level of discrimination and vilification following 11 September 2001. The Australian Arabic Council recorded a twenty-fold rise in reports of discrimination and vilification of Arab Australians in the month after 11 September 2001. The Muslim Women's Association of South Australia received a 'significant number of reported incidents, specifically of discrimination and harassment against Muslims', most involving offensive verbal abuse of women. The Al Zahra Muslim Women's Association in Sydney also reported a 'phenomenal' increase in both discrimination and vilification reports. Many individual community members concurred that September 11 was a turning point.32 In particular, there is much evidence to suggest that Muslim women experience significantly higher levels of discrimination than men33, due to their extra visibility of being easily identified as Muslim by their dress. Consultation participants were more in agreement on the question of who was most affected by the upsurge in discrimination and vilification: Muslims and women. ‘People readily identifiable as Muslim because of their dress or appearance were particular targets of racist violence and abuse. Muslim women who wear the hijab, niqab or chador have been especially at risk.’ ‘ I think there is no doubt that after September 11 there has been a rise in terms of the perception that you are a danger. From a woman's perspective, if you wear the veil then you are seen as a fundamentalist - you are a danger.’ ‘Everyone here has been through an experience or heard about an experience somehow, and we can go on for days and days … we all have that experience of feeling that people look at us as terrorists. As a Muslim woman, we are more a victim than any other.’ ‘Many people think and feel that a woman wearing the hijab is a moving bomb.’ 32 Isma, at para 2.1. Poynting, S., Noble, G. “Living with Racism: The experience and reporting by Arab and Muslim Australians of discrimination, abuse and violence since 11 September 2001”, p. 6. 33 12 Islamic Council of New South Wales 2004 ‘People mistaken for Muslims have also been attacked.’ Muslim women were particular targets of physical violence carried out by strangers. Consultation participants reported numerous incidents of women in hijab being spat at, of objects being thrown at them from passing cars and of their hijabs being pulled off. Forcible removal of the hijab in public was regarded by Muslim women as the worst violation.34 A report by the University of Technology, Sydney Shopfront analysed calls to a special telephone hotline set up to receive calls immediately after the World Trade Centre attacks in New York on 11 September 2001 relating to racially motivated attacks. One of the key findings is that: There is a strong link between visible markers of ‘difference’ such as wearing the hijab or a turban and experiences of prejudice and assault. Attitudes of prejudice and hatred often focus on visible signs on ethnicity, culture or religion. 35 It is in this context that it is most clear that that these members of the community are specifically targeted because of their being Muslim. In light of the Commission’s findings of widespread discrimination and vilification on the Muslim community specifically because of their adherence to the religion of Islam, the lack of specific protection against religious discrimination and vilification has now become urgently inadequate. It is submitted that the failure to enact federal laws to prohibit discrimination and vilification on the ground of religion must be addressed. NSW Anti-Discrimination Board The Council is also concerned that funding to the NSW Anti-Discrimination Board, and in particular, the community education and policy and legal branches, has been decreased this year. We are of the view that the important work performed by the ADB, must be supported by the Government. The complaints-handling process was already strained, and the decrease in funding has only made some members of the community more reluctant to make complaints. Recommendations 1. The Council recommends that the federal Racial Discrimination Act be amended to include specific reference to religion as a ground for discrimination and racial hatred. This is in line with the recommendation in the Isma report that a federal law be introduced making unlawful both discrimination and vilification on the ground of religion or belief. 34 Isma at para 2.1. Dreher, T., 2005. “ ‘Targeted’: Experiences of Racism in NSW after September 11, 2001”, UTS Shopfront Monograph Series No. 2. 35 13 Islamic Council of New South Wales 2004 2. The Council recommends that references to ‘race’ in the NSW AntiDiscrimination Act be amended to include ‘religion’ to ensure protection is extended to Muslims without reference to the person’s race. 3. The Council recommends that the NSW government increases funding to the Anti-Discrimination Board in order to strengthen and improve the legal, policy and community education work performed. Anti-Terrorism Legislation The anti-terrorism laws that have been introduced by the Australian government since September 11 have had a significant impact on the perception of Muslims in the general community. Unlike law which is introduced after much analysis, community consultation, and public debate, the anti-terrorism laws have been made in haste with little discussion and consultation, and often in the face of strong opposition from civil rights groups and law academics. The problem is further compounded by the fact that the laws have been introduced in different stages, such that no comprehensive overview of the laws have been made to examine the overall impact of these laws as a package. In reaction to the first piece of proposed legislation before the Legal and Constitutional Senate Committee in 2002, the Australian Security Intelligence Organisation (Terrorism) Bill 2002, there were 434 submissions. Two years and about 16 other bills later, there were only 28 submissions made to the Anti-Terrorism Bill 2004. The large number of legislation introduced and currently under consideration has created a complex area of law. The dramatic decrease in the number of submissions in the space of two years is indicative of the increased complexity of the laws which have discouraged public participation and discussion. Although the law is of equal application, the Muslim community suffers a heavier burden as a result of the legislation. It is submitted that Australia’s anti-terrorism legislation actively contributes to increasing racial and religious discrimination against Muslims. The skewed impact of the legislation has been evidenced by the fact that, to date, only Muslims have been arrested under the new laws. Moreover, all eighteen of the terrorist groups proscribed by the Australian government have some connection to Muslim organisations36. The significance of this is better understood when it is contrasted with the situation in the United States, where less than sixty percent of proscribed terror organisations have linkages with Islamic groups, and which list also includes orgnisations not connected with Islam, such as ETA, the Tamil Tigers, Aum Shinrikyo, Kahane Chai, Real IRA and Shining Path and so on. The disproportionate effect of the application of the law is clear, and has a singular, adverse impact on Muslims. 36 Criminal Code Regulations 2002 Schedule 1. 14 Islamic Council of New South Wales 2004 In the context of the steady increase of discrimination and vilification against Muslims, as documented extensively in the Isma report, these laws have contributed to the creation of an atmosphere of fear within the community, compounded further by the fact that there is no easily-accessible information that addresses their concerns. The Muslim community in Australia is in a vulnerable position. There is a mounting feeling of fear within the Muslim community, many of them feeling helpless over the government’s perceived focus on Muslims. The disempowerment of this group of people is disabling in many respects. It prevents Muslims from being able to participate fully in society; it reinforces the stigma already experienced by Muslims; and being targeted and profiled encourages the feeling of alienation and marginalisation. This also discourages some Muslims from defending others vocally for fear of guilt by association, especially in light of the new offence of associating with terrorist organisations introduced by the Anti-Terrorism Bill (No. 2) 2004, thus perpetuating the cycle of disempowerment. Another consequence is that the general public is more likely to believe Muslims are associated with terrorism. Considering the numerous incidents of prejudice that Isma has documented, legislation that effectively stigmatises Muslims even further can only further jeopardise their rights. In particular the report found that37: a substantial number of young Arabic men felt that they were dealt with unfairly by Police because they were part of the Arab community, school leaders felt that the police were stirring up trouble, and there were allegations of police engaged in discriminatory conduct “such as calling people Bin Ladens” or “terrorists”. The report found that “Several consultation participants felt the Muslim community in Australia had been unfairly targeted in investigations by ASIO officers and Australian Federal Police officers following the Bali bombings in October 2002.”38 The report also documented concern about the treatment of Muslims in counter terrorist investigations. In addition the report documented that “some consultation participants believed their human rights were at risk of violation under these new laws”39. During consultation with nine young people in Adelaide, four of the participants reported being questioned by ASIO in their homes following the wake of the January 2002 national security public campaign, and believed this was done solely on the basis that they are Muslim. “There is a fear in the community that one day you will wake up and your husband will be taken away under the new ASIO laws. The way the government treated people who underwent the raids was shocking…” 40 37 Isma at 66-67. Isma at 67. 39 Isma at 68. 40 Isma at 67. 38 15 Islamic Council of New South Wales 2004 The report also documented participants’ concerns of surveillance by neighbours and colleagues following the federal government’s national security campaign launched in early 2003,where neighbours reported routine domestic activities and family gatherings. Initial consultation with key community groups reveals that there are heightened concerns that these kinds of incidence will continue with the current anti-terrorism provisions. Our regular consultations with the Muslim community confirm the findings of the report and identified some startling concerns. There is a general perception within the Muslim community that the terrorism-laws are “100% directed at Muslims”; there is some underlying assumption that Muslims are not wanted, that they are targeted by these laws, and that they are being used as scapegoats. In particular, Muslim migrants are at a real disadvantage. Often they have fled to Australia to escape from tyrannical regimes, only to now find themselves facing these laws that they think are not too different to their experience back home. Further compounded by possible language difficulties, they are a particularly vulnerable group in the community. The “Living with Racism Report: The experience and reporting by Arab and Muslim Australians of discrimination, abuse and violence since 11 September 2001” released by the Centre for Cultural Research at the University of Western Sydney in April 2004 also documents a widespread fear and alienation reported by Arab and Muslim respondents. “80% of survey respondents reported that since September 11 they are more worried or afraid of something bad happening to them personally because of their race, culture or religion.”41 More importantly, it also highlights a perception from the Muslim and Arabic communities of the lack of avenues to report harassment from the police or by ASIO. As Dr William Jonas, acting race discrimination Commissioner stated in the Isma report: “The need for action is urgent. In the current environment of fear and suspicion fostered by terrorism and the ‘war on terror’, our multicultural values of social equity and respect for diversity are at risk of diminishing” 42 Recommendations 4. The Council recommends that the federal government conduct a review of anti-terrorism legislation and examine their impact on community groups. 5. The Council recommends that the federal government implement programs that provide community legal education sessions, materials, and other support to Muslims in the community with respect to the anti-terrorism laws. 41 42 Isma at 77. Isma at iv. 16 Islamic Council of New South Wales 2004 6. The Council supports the Isma report’s recommendation that: ‘That political and community leaders at a federal, state and territory and local level, encourage Australians to uphold the principles of multiculturalism including respect for the right of all Australians to express their own culture and beliefs and responsibility to support the basic structures and principles of Australian society that guarantee freedom and equality for all.’ Media – “the last significant area of arbitrary public power”43 For most people, mainstream media are the only source of information on which to base their opinion about particular groups with whom they have little direct knowledge or contact44. The media is controlled through a range of means, from the simple press releases and press conferences to “strategic leaks, personal contacts and financial incentives”45. Studies have also shown that particular political viewpoints are favoured46. Even within the industry itself, journalists from racial or ethnic minorities constitute only a small percentage47. Most of the journalists have no direct contact with the relevant community48, thus interpret and present49 the stories as they see it, “from their own location as bearers of the Anglo culture; they are the ‘authorised knowers’, whose voices are legitimated”50. They determine what is newsworthy51: stories are “controlled by [the] social context of power relations”52, driven by existing prejudicial stereotypes53, and more or less confined to topics “in tune with the politically correct social justice agenda”54. 43 Ballina Shire Council v Ringland (1994) 33 NSWLR 680 at 720, per Mahoney JA. van Dijk, T.A. (1991) Racism and the Press. Routledge, London, 7. 45 van Dijk, 40. 46 See Henningham, J. “Journalists perception of bias” (1995) 17 (2) Australian Journalism Review 28. 47 van Dijk, 245. 48 Loo, E. “Riding on Platitudes and Prejudice: Media Coverage of John Newman and Vietnamese” (1994) 74 Media Information Australia 73, 74. 49 Flint, D. “The Bias of Australian Journalists” (2001) September, Quadrant 24, 27. 50 Hatty (1991), cited in Bird, G. “Power, Politics and the Location of ‘The Other’ in Multicultural Australia” <http://www.aic.gov.au/conferences/multiculturalism>. See also Eggerking, K. “Introducing the Media and Indigenous Australians Project” (1996) 18(1) Australian Journalism Review 21, 24. 51 Flint, 27. 52 van Dijk, 41. 53 van Dijk, 3. 54 McIntyre, A. “Out of the Mouths of Babes and Sucklings” (1998) September, Review 6. 44 17 Islamic Council of New South Wales 2004 It is this ability, potential, and indeed power, to influence which should not be misused or abused. Journalists, in particular, have a privileged role, though they may deny it. The media have the means to address the public and to shape public opinion, and by commenting on current events, they become, indeed, the “unelected participants in the political arena”55. This brings with it special responsibilities. At the very least, steps to ensure fair and accurate reporting should be taken in order to avoid unfair prejudice. Despite their potent position of power and influence, most sections of the media are self-regulated, by such bodies as the Australian Press Council, the Australian Broadcasting Authority, the Federation of Australian Commercial Television Stations, the Australian Journalists Association and the Federation of Australian Radio Broadcasters. Most of these bodies require that the programs or publications not contain any material that would offend, or provoke hatred, contempt or ridicule towards indigenous or ethnic groups, and that gratuitous emphasis should not be placed on race when it is not in issue. For example, the Australian Press Council issued a General Press Release stating that ‘In the Council’s view, in general, the press needs to show more sensitivity in reporting issues when minority groups are perceived in the community to be more "different" or when they are the subject of particular public debate.’56 More recently, another Australian Press Council media release stated: It is important for newspapers to identify as clearly as possible the sources of terror; casting the net of suspicion and accusation too widely can be harmful ... The Press Council acknowledges that, in some cases, the linking of words with religious connotations to terrorist groups may be, in the strictest sense, accurate - but it is often unfair ... Even, the use of headlines of the style "Muslim terror" and "Islamic bomb attack" would be best avoided as they can be seen to link religious belief and its adherents to deliberate acts of terror.57 However, only the Australian Broadcasting Authority has the power to penalise for a broadcaster58, or to refuse to issue a licence for it59. Indeed, the Australian Law Reform Commission report Multiculturalism and the Law concluded that self-regulation was inadequate60. Even with the self-regulatory regimes in place, many racially defamatory imputations permeate the media61. More “subtle forms of racism and ethnicism”62 are 55 Flint, above n 43, 27. General Press Release No. 248: Reporting of Race, Australian Press Council, September 2001. 57 General Press Release No. 261: Religious Terms in headlines, Australian Press Council, April 2004. 58 See section 44 of the Broadcasting Services Act 1992 (Cth). 59 Broadcasting Services Act 1992 (Cth), section 142; see also Jones, M. “The Legal Response”, in Cuneen, C., Fraser, D., Tomsen, S. Faces of Hate: Hate Crime in Australia. Hawkins Press, Sydney, 1997, 228. 60 Poynder, N. “Racial Vilification Legislation” (1994) 3(71) Aboriginal Law Bulletin 4, 4. 61 Meadows, M. “Sensitivity not censorship: reporting cultural diversity in Australia” (1995) 17(2) Australian Journalism Review 18, 18. 62 Putnis, Peter. “Minority Groups in the News: Representation and the Use of File Tape” (1994) 72 Media Information Australia 74, 83. 56 18 Islamic Council of New South Wales 2004 still prevalent, and minority groups continue to be portrayed as the “problem” or the “threat”63 to society, and it cannot fairly be said that the mass media is wholly objective. In the press, for example, racist imputations are embedded in the style of the headlines, the choice of subjects and topics reported, the particular way in which an article or a news item is structured, the emphasis of the negative role of ethnic minorities, and sensationalist or unbalanced reporting64. For example, content analysis of metropolitan dailies in Sydney found that press reporting of the suburb of Lakemba was devoid of a sense of context. The media had an emphasis upon sensational events, using well-worn stereotypes and steering away from discussions of the underlying causes of local incivilities and problems65. Similar findings have been unearthed regarding asylum seekers in Australia66. This lack of context is a long recognised flaw in reporting on ethnic minorities67. On television the range of racial defamation is even greater given the wider scope of representations and symbols. The combination of sound or commentary with visual image can create contextual meanings not possible in any other medium. An “authoritative backdrop”68 may be used to lend credibility to, say, a politician or a “scientist” without the correct qualifications, and stale stereotypes are reinforced through the use of file tapes69. Positive aspects are rarely presented, and concerns of minority groups are only reported when it correlates with existing stereotypical topics70, such as crime, violence, “ethnic” or immigration problems. In November 1990, at a special meeting between senior media personnel and members of the NSW Arabic and Muslim communities, the Human Rights and Equal Opportunity Commission and the NSW Ethnic Affairs Commission recognised the instrumental role mass media play in inciting fear, alarm, contempt and hatred against Muslims and Arabic Australians. More than a decade has gone by, and little has been done in response to this finding. There is also little evidence to show that this has abated in any way. In fact, recent times have seen more critical findings on media representations of Muslims, in particular, the Race for the Headline report, News Overboard71, and the Isma report. 63 Ibid. Bird. 65 Salabay, T. 2002, The Media Representation of Lakemba, Sydney: Constructions of place and methods of resistance, unpublished Honours Thesis, Geography Program, University of New South Wales. 66 Klocker, N. 2002, Representations Of Unselected Humanitarian Arrivals in Contemporary Australia: The Government/Media/Public Opinion Nexus, unpublished Honours Thesis, Geography Program, University of New South Wales. 67 van Dijk. 68 Flint, 29. 69 Ibid 30. 70 Eggerking, 23. 71 Lygo, I. News Overboard: The Tabloid Media, Race Politics and Islam. Southwood Press, Sydney, 2004. 64 19 Islamic Council of New South Wales 2004 The Race for the Headlines report outlined the regulatory framework for Australian media, and the limited parameters of racial vilification legislation. It also detailed how the marginalisation and targeting of ethnic minority groups by the media led to them being targeted and marginalised by the wider society. It made a number of findings, including, the need to be more proactive in the protection of Australian Muslims’ human rights, and that negative views of minority groups in the Australian community succeed when the media promote, facilitate or do not challenge ethnic stereotypes. Unfortunately, none of these findings have been addressed. One of Isma’s six main objectives is to ‘challenge vilification, discrimination and stereotyping’. However to be able to do so, the underlying causal factors behind vilification, discrimination and stereotyping must be addressed. This simply cannot be achieved without addressing the actions of the mass media in promoting inaccurate and biased images of Muslims. The attitudes towards, and treatment of, Muslims by the bulk of the mass media have a significant effect on the way Muslims are valued and viewed in society. Sadly, Islam is more often than not reduced to a negative media catchphrase that is used to draw attention to stories, exploiting community fear and confusion of the unknown. Such negative portrayals of Islam then become a feeding ground for sensationalist and prejudiced politically oriented comments and further misinformation. The Council is concerned that this environment of misinformation and misrepresentation harms Muslims at the individual level in their daily lives and undermines efforts to build a tolerant pluralistic society free of religious and racist discrimination and violence. For example, the Council is aware of no less than 20 development applications rejected by local councils in the 1980s and 1990s. The stereotypes and misinformation circulated by the media have had a significant effect on local council planning determinations in relation to development applications for mosques and other Islamic centres72. Further, when members of the Muslim community express concerns about mistreatment or injustices in Australia or abroad, their comments are misrepresented by reporters or commentators, e.g. as race-hate speech, inflammatory, un-Australian or anti-Semitic. This happens frequently and has the very real effect of inhibiting the Muslim community’s ability to speak freely, effectively denying our right to free speech. We now examine in more detail specific approaches of the media which contribute to the problems. Portrayal and stereotyping of Muslims Dunn, K.M., 2001: “Representations of Islam in the politics of mosque development in Sydney”, Tijdschrift voor Economische en Sociale Geografie, 92(3), 291-308. 72 20 Islamic Council of New South Wales 2004 The most problematic area that needs urgent attention is the portrayal and stereotyping of Muslims. Some of the ideas that permeate the community and lie barely below the surface of many articles are listed as follows: “The Muslim value system is incompatible, or even contradictory, to that of the Australian value system, therefore Muslims cannot really be Australians unless they compromise or reject their faith.” This is also known as Huntington’s thesis73. In contrast, Islam has essentially the same core values that sit at the heart of all other major religions including peace and love and tolerance of others regardless of their faith. As such the Muslim value system blends very comfortably with any value system that also holds these values.) “All Muslims are extremists” and “Muslims are terrorists”. The acts of extremists are used to tarnish the image of all adherents. It is a sad fact that news reports on Muslims are almost exclusively linked to terrorism, the war on Iraq, or tension in the Middle East. The acts of terrorists who call themselves Muslims are, of course, not in any way indicative of the beliefs of the vast majority of Muslims and are not supported by the Australian Muslim community, any more than criminal acts of people labelled as fundamentalist Christians (e.g. the murder of abortion doctors in the USA or hate crimes targeting homosexuals) are supported by the vast majority of Christians or indicative of their beliefs. Terms like “Islamic terrorist” or “Muslim terrorist” are used very frequently by the media, and give the impression that Islamic belief supports terrorism and that terrorist acts are supported by Muslims in general (this could not be further from the truth). Worse still, this careless or sensationalistic reporting gives rise to the ideas that “all Muslims are terrorists” and “all terrorists are Muslims”. Dr Dunn undertook a content analysis of newspaper reporting of the Algerian conflicts between 1992 and 1996 in two mainstream newspapers, the Sydney Morning Herald and the Australian Financial Review. He found that 75% of newspaper articles used negative terms to describe Muslims or Islam, and a latent content analysis found as much as 83% of newspaper reports presented Islam negatively74. The word ‘fanatics’ was used very often to describe Muslims, and in 68% of the time the word was actually contiguous to the word “Islam” or “Muslim”. “Muslims do not respect women” and “Muslims treat women with contempt” “Muslims are inherently barbaric and any violence inflicted on them is justifiable.” “Muslims need to be modernised.” A more detailed look at the stereotyping of ‘ethnic youth gangs’ is discussed as a case study. ‘Ethnic youth gangs’ are often linked with images of moral disorder and “threats Huntington, S., “The Clash of Civilisations and the Re-making of World Order”. Simon and Schuster, 1996. 74 Dunn 2001, at 296 - 297. 73 21 Islamic Council of New South Wales 2004 to community cohesion”75. However, there is often a discrepancy between the media image of these “ethnic youth gangs” and the reality as shown through social analysis. The media present these gangs as associated with drugs and weapons; they are prone to violence and crime; from lower class, refugee or migrant families; and mostly of “Asian”, and more recently, “Lebanese” background76. The findings of social studies and analysis however show that there is another side of the social structure of these “gangs” that are often selectively ignored by the media. For example the groups are a network of support, their aim being for social rather than anti-social purposes, and any criminal ventures are mostly incidental77. Much emphasis is placed on the racial origins of the members of the gang, creating a “memory trigger” that young people of certain races are automatically gang members: The extra “visibility” of ethnic minority people feeds the media moral panic over “youth gangs”, as well as bolstering a racist stereotyping based upon physical appearance … Rarely are such young people considered to be “victims” or rights-holders with a legitimate stake in Australian society – the predominant image is one of deviancy and criminality.78 The “Belmore Riot” on 2 June 1997 was portrayed in the media as something akin to a “race riot”, with much emphasis on “Lebanese flags”. Fifteen out of seventeen articles studied portrayed the target group in a negative light79. Unnecessary references to race and ethnicity were made; ethnicity was linked to crime and violence; cultural differences were blamed as the cause for the riot; reporting was sensationalist, the truth of the events distorted80; and the perspectives of those people actually present at the event were ignored81. A more recent example sparked almost three weeks of debate in the newspapers. In the midst of much heated debate over the rape of two teenage girls by a group of Lebanese youths, an article by Martin Chulov in The Australian82 stated: These rapes have had an added, more sinister, element. As well as being motivated by a power lust they have a specific racial component. Most, if not all, have been perpetrated by men from the same cultural and religious backgrounds. Bird; Laster, K. “A Justified Omission? Racial Vilification Laws and the Media” (1989) 14 Legal Service Bulletin 258; 76 See White, R. “Racism, Policing and Ethnic Youth Gangs” (1996) 7(3) Current Issues in Criminal Justice 302, 305. 77 Ibid. 78 Ibid 307. 79 De Freitas, F. “The Belmore Riot: ethnic violence or media beat-up?” (1997) 8 Reportage, Australian Centre for Independent Journalism, 43, 44. 80 Ibid. 81 Ibid 45. 82 Martin Chulov. “Rape menace from the melting pot” Australian, 18 August 2001. 75 22 Islamic Council of New South Wales 2004 And in every case the victim was a Caucasian, aged between 13 and 18. This placed much undue emphasis on the race of the perpetrators and the victims, and made the unfounded assertion that "most, if not all" rapes are done by these men towards white teenagers. Not only would this create in the mind of the ordinary reader a false perception of an immediate threat, it would also cause unjustified fear towards these men of “the same cultural and religious backgrounds”, because the statement implies that all members of this racial and religious group are to be feared because there is no knowing which of them would be rapists. He next stated: So concerned have some levels of the police service and NSW Government become, that there are real fears that what has happened over the past year could become culturally entrenched – an explosive situation that might take decades to come to terms with. The clear and outrageous implication was that people of Lebanese and/or Islamic descent have a culture that allows, if not encourages, the raping of white girls. This was not the only example. Sensationalist reporting was rampant: reports of the rape were lurid and provocative83, allegations were made that gang rape had “become a macho fad among one small but definable group of young men”84; and that “the longerterm solution is to get inside the minds of a generation of young Australian Muslim men who seem to have a grossly distorted notion of what our society is about ... the burden should fall most heavily on those community and religious leaders with whom they most identify”85. Not only would these statements manipulate the reader’s fears, they would also alienate the Arabic community. Exaggerated claims regarding the apparent link between ethnicity and sexual assaults were made, especially in relation to ethnic youth gangs in the “south-west” of Sydney, namely, Bankstown. However, statistics from the Bureau of Crime Statistics and Research showed that there was no basis on which this conclusion could be made, and further, that there was no factual evidence that sexual assault was on the rise in Bankstown86. In fact, “gang rapes”, i.e. where multiple offenders were involved, were more prevalent in rural NSW, especially the Northern and North-Western Statistical Divisions, where the rate of sexual assault was almost twice that of the Canterbury-Bankstown region. The claim that these rapes had “an added, more sinister, element” because there was a “specific racial component” was an unfounded racial stereotype. Specifically, the presiding judge over the sentencing of the youths made clear that: Richard Phillips. “Opposition to Labor’s ethnic scapegoating in Australian byelection” 17 September 2001, <http://www.wsws.org/articles/2001/sep2001/elecs17.shtml> 84 “Rape, race and people in denial”, Sun-Herald, 26 August 2001. 85 Ibid. 86 Dr Don Weatherburn, Bureau of Crime Statistics and Research. The facts on sexual assault in Bankstown, Press Release, 22 August 2001. 83 23 Islamic Council of New South Wales 2004 There is no evidence before me of any racial element in the commission of these offences; there is nothing said or done at any stage by any of the offenders which provides the slightest basis for imputing to them some discrimination in terms of the nationality of the victims. The circumstances giving rise to the offences have all the hallmarks of an opportunistic encounter between a number of adolescent males, who had gone for a drive because they were bored, and two adolescent females, who found themselves stranded late at night, without transport home.87 The stereotyping and sensational reporting further feeds underlying prejudices. In November 2002, the Sydney Morning Herald documented a sophisticated and organised campaign to prevent a local mosque from being built in Baulkham Hills. In response to the proposed opening of the mosque, the ALP mayor, John Griffith claimed that the ‘safety of young girls and ladies’ would be at risk. This is an indication of the extent to which the media reporting of the rapes was sensationalized and the degree that irrational fear has penetrated the minds of Australian citizens. One-sided reporting and unequal access One-sided reporting of issues relating to Muslims in Australia and overseas is common and very destructive. Often this takes the form of: Comments made by Muslims being distorted and manipulated to support and promote existing pervading negative stereotypes about Muslims. Quotes or comments that may balance or give a more accurate viewpoint being censored so that only ‘half’ the opinion or truth is communicated. The lack of equal access to the media and opportunity to counteract or refute negative stereotypes means that the voice of Australian Muslims is very much censored and largely unheard. Selective media reporting ensures that any stories which support negative Muslim stereotypes are highlighted, whereas stories that refute and contradict negative stereotypes of Muslims are given minimal attention, if any at all. This means that negative imagery and preconceived concepts continue to shape and guide the attitudes, behaviours and actions of many, if not most, non-Muslim Australians towards Muslim citizens. This mistreatment of Muslims effectively puts them in the position of second class of citizens, where they have very few opportunities to challenge the way they are being portrayed. “Factual” reporting 87 R v A & A & K, unreported, District Court of New South Wales Criminal Jurisdiction, 01/11/0096, 22 August 2001. 24 Islamic Council of New South Wales 2004 It is common for inaccurate information about Islam, Islamic beliefs and Muslims to be offered to the public as facts. This stems from: deliberate and malicious highly selective and prejudicial interpretations of the Qur’an or statements by Muslim leaders quoting extremists who are not representative of the Australian Muslim community ignorance or carelessness – often from otherwise responsible journalists. Sometimes this is merely insulting and at other times it is dangerous. At the very least it contributes to a significant ignorance about Islam and Muslims in our society (the opposite of the ostensible objective). Frequently it fans the flames of suspicion and prejudice, promoting continued vilification of Muslims and abuses of our human rights. At worst it encourages hatred and violence towards Muslims. Recommendations 7. The Council supports the Recommendations in the Isma report for: a. Targeted information campaigns on media standards and complaint processes That the relevant industry groups, the Australian Broadcasting Authority and the Australian Press Council consider undertaking information campaigns in relevant community languages and in a variety of formats to inform Arab and Muslim organisations and community members about their standards and complaint processes. b. Constructive engagement between media and community representatives 8. The Council recommends that government agencies responsible for promoting multiculturalism facilitate consultation between media organisations and ethnic and religious community organisations, including Arab and Muslim groups, to improve mutual understanding. 9. The Council recommends that the government actively empower the Muslim community by providing formal assistance to peak Muslim bodies to establish formal media monitoring procedures to monitor the way Muslims are portrayed in the media and other public products. The Council supports the recommendations of researchers (Dunn, 2003) that the Government should also take the necessary steps to offer counter messages, to support the alternative representations, and to intervene as necessary, and that such formal assistance of media watchers could extend 25 Islamic Council of New South Wales 2004 II to support the advocacy and insertion of alternative representations. 10. The Council recommends that the Federal Government finance peak Muslim bodies to provide training to empower members, especially female members, to be prepared to work with the media and act as spokespeople as required. 11. The Council recommends that the NSW Government finance and implement a comprehensive community education program to improve the level of understanding of Islam and Muslims within NSW. The Council reiterates its previous recommendation that a comprehensive educational community campaign be implemented so that schools, workplaces, tertiary education and government departments have access to non-biased information that can help them deal more justly with Muslims they encounter in their daily lives. This could be disseminated through an education kit and incorporated into existing subjects in the education system and workplace training or provided through small workshops. This initiative would require close consultation and cooperation between Government departments and the Council. 12. The Council recommends the NSW government to revisit the NSW Antidiscrimination Board’s Race for the Headlines report, prioritises its recommendations and implements the recommendations as prioritised, and where appropriate, adopt their recommendations, in particular: a. That the government enable minority racial and ethnic communities who have been subjected to sustained negative reporting to make a complaint, remedies for which could include a ‘right of reply’ in the relevant newspaper or broadcast b. That the NSW Government ensures that the NSW Police Service develop and implement a comprehensive training program for all police officers involved in collecting and recording hate crime data c. That responsible reporting of race issues and ‘cross cultural competency’, underpinned by a human rights framework, form the basis of compulsory induction programs and ongoing staff training in all media organisations, and university journalism and media courses. 26 Islamic Council of New South Wales 2004 Conclusion World events have served to obscure the contributions made by Muslim Australians to our nation’s history. These events have led to a salient shift in the average Australian’s disposition towards their Muslim co-citizens. The evidence indicating this shift, in both the governmental and academic literature, is very compelling. In particular, there has been a dramatic increase of discrimination, vilification and a more subtle fear or suspicion of ‘the other’ demonstrated towards members of the Muslim community, whether it be in public life, by the media, or as demonstrated in government policies and new legislation. There is an increasingly urgent need to remedy this situation. Governments, both state and federal, must cooperate with the Muslim community to ensure that Muslims are empowered to have equal and fair participation in Australia society. In particular, there are three main spheres in which immediate action is needed. The Federal and State anti-discrimination and vilification laws should provide protection to all groups in the community, including Muslims; the anti-terrorism legislation must be examined to gauge its impact on the community, and there should be community education programs implemented to demystify these laws; and lastly, the government should work collaboratively with peak bodies within the community towards both changing public misconceptions of Islam and Muslims and also empowering and training Muslims to engage effectively with the media. If governments do cooperate with Muslim organisations in resolving these three problem areas, there is every reason to believe that given Australian society’s rich history of egalitarianism, Muslims’ status as constructive contributors to the fabric of Australian society will be restored and Muslims will once again be considered and treated as valuable members of the Australian community. 27 Islamic Council of New South Wales 2004 Bibliography Statutes Commonwealth Anti-Terrorism Bill 2004. Anti-Terrorism Bill (No. 2) 2004. Australian Security Intelligence Organisation (Terrorism) Bill 2002. Broadcasting Services Act 1992. Criminal Code Regulations 2002. Racial Discrimination Act 1975. NSW Anti-Discrimination Act 1977. Defamation Act 1974. Cases Ballina Shire Council v Ringland (1994) 33 NSWLR 680. Harou-Sourdon v TCN Channel 9 Pty Ltd [1994] Eq Opps Cases 92-604. Kazak v John Fairfax Publication Ltd [2000] NSWADT 77. 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Dunn, K.M. “Using cultural geography to engage contested constructions of ethnicity and citizenship in Sydney” (2003) Social and Cultural Geography 4(2) 153-165. Dunn, K.M. “Representations of Islam in the politics of mosque development in Sydney” (2001) Tijdschrift voor Economische en Sociale Geografie 92(3), 291-308. Dunn, K.M., Forrest, J., Burnley, I. & McDonald, A. “Constructing Racism in Australia” (2004) Australian Journal of Social Issues 39(4), November, 409-430. Eastman, K. “Drafting Vilification Laws: Legal and Policy Issues”. (1994) 1 Australian Journal of Human Rights 285. Eggerking, K. “Introducing the Media and Indigenous Australians Project” (1996) 18(1) Australian Journalism Review 21. Ferrell, Robyn. “Legislating Against Racism” (1988) 62 The Australian Law Journal 235. Flint, D. “The Bias of Australian Journalists” (2001) September, Quadrant 24. Fraser, CO. & Islam, MR. “Social Identification and Political Preferences for One Nation: The Role of Symbolic Racism” (2000) 52(3) Australian Journal of Psychology 131. Freckelton, I. “Censorship and Vilification Legislation” (1994) 1 Australian Journal of Human Rights 327. Hazeldine, I. “Aspects of Racism in the Australian Context: Issues of Definition and Action” (1994) 1 Australian Journal of Human Rights 149. Hennessy, N., Smith, P. “Have We Got it Right? NSW Racial Vilification Laws Five Years On” (1994) 1 Australian Journal of Human Rights. Henningham, J. “Journalists perception of bias” (1995) 17 (2) Australian Journalism Review 28. 30 Islamic Council of New South Wales 2004 Laster, K. “A Justified Omission? Racial Vilification Laws and the Media” (1989) 14 Legal Service Bulletin 258. Loo, E. “Riding on Platitudes and Prejudice: Media Coverage of John Newman and Vietnamese” (1994) 74 Media Information Australia 73. Mahoney, K. “Hate Vilification Legislation and Freedom of Expression: Where is the Balance?” (1994) 1(1) Australian Journal of Human Rights 353. McIntyre, A. “Out of the Mouths of Babes and Sucklings” (1998) September, Review 6. McNamara, Luke. “Research Report: A Profile of Racial Vilification Complaints Lodged with the New South Wales Anti-Discrimination Board” (1997) 2 International Journal of Discrimination and the Law 349. McNamara, Luke. “The Merits of Racial Hatred Laws: Beyond Free Speech” (1995) 4(1) Griffith Law Review 29. Meadows, M. “Sensitivity not censorship: reporting cultural diversity in Australia” (1995) 17(2) Australian Journalism Review 18. Nolan, M. “Some Legal and Psychological Benefits of a Nationally Uniform and General Anti-Discrimination Law in Australia” (2000) 6(1) Australian Journal of Human Rights 79. Pearce, D. “The Press Council and self-regulation” (1999) 11(4) Australian Press Council News 8. Poynder, N. “Racial Vilification Legislation” (1994) 3(71) Aboriginal Law Bulletin 4. Poynting, S., Noble, G. Centre for Cultural Research University of Western Sydney (2004) “Living with Racism: The experience and reporting by Arab and Muslim Australians of discrimination, abuse and violence since 11 September 2001”. Putnis, P. “Minority Groups in the News: Representation and the Use of File Tape” (1994) 72 Media Information Australia 74. Sadurski, W. “Offending with Immunity: Racial Vilification and Freedom of Speech” (1992) 14 Sydney Law Review 163. Soloman, T. “Problems in Drafting Legislation Against Racist Activities” (1994) 1 Australian Journal of Human Rights. 31 Islamic Council of New South Wales 2004 Tibbey, M. “Developments in Anti-vilification Law” (2001) 21 Australian Bar Review 1. White, R. “Racism, Policing and Ethnic Youth Gangs” (1996) 7(3) Current Issues in Criminal Justice 302. Internet Resources Bird, G. “Power, Politics and the Location of ‘The Other’ in Multicultural Australia” <http://www.aic.gov.au/conferences/multiculturalism> Richard Phillips, “Opposition to Labor’s ethnic scapegoating in Australian byelection” 17 September 2001 <http://www.wsws.org/articles/2001/sep2001/elecs17.shtml> Newspaper Articles “Rape, race and people in denial” Sun-Herald, 26 August 2001. Martin Chulov. “Rape menace from the melting pot” Australian, 18 August 2001. Others Dr Don Weatherburn, Bureau of Crime Statistics and Research. The facts on sexual assault in Bankstown, Press Release, 22 August 2001. General Press Release No. 248: Reporting of Race, Australian Press Council, September 2001. General Press Release No. 261: Religious Terms in headlines, Australian Press Council, April 2004. 32