Question: do we need to change the racial discrimination laws?

In light of the Bolt v. Eatock case before the Racial Discrimination Commission, this article discusses calls for Australia's racial vilification laws to be amended to exclude humiliation and embarrassment as grounds for a finding of vilification. 

Are racist attitudes related to experiences of racial discrimination? Within sample testing utilising nationally representative survey data

Although the relationship between an individual's racist attitudes and discriminatory behaviours has been widely studied, the association between racist attitudes among perpetrators and experiences of racism among targets has been under-examined. Based on data from the 2001-8 Australian Challenging Racism Project survey, this paper details a novel method to investigate the link between racist attitudes and experiences of discrimination utilising two separate models linked by nomination of cultural or ethnic groups who do not fit into Australian society (i.e., out-groups). Those identified as out-groups were more likely to report experiences of discrimination than those who were not nominated as out-groups. Overall, out-group nomination by those with racist attitudes strongly predict experiences of discrimination among these same target out-groups, OR=2.2, F(6, 12,348)=78.61, p<.001. Racist attitudes are related to racist behaviours among perpetrators that are, in turn, related to experiences of racial discrimination among targets. This study demonstrates that attitudes not only affect majority group behaviour but also drive the resulting experiences of discrimination for minority group members.

Measuring the economic consequences of racial discrimination in Australia

 Racial discrimination results in economic inefficiency. This thesis has investigated its impact and estimated, for the first time, the health-related costs attributable to racial discrimination. The study found that the Australian economy incurs substantial loss due to the burden of disease associated with the exposure of minorities to racial discrimination.

Racial discrimination in Brazil: interviews with leaders of the black movement

Racism in Brazil has some specificities when compared to other countries, for, differently from, for instance, South Africa and the United States, Brazilian Constitutions, ever since the Independence (1822), have never distinguished the citizens according to race or color. Furthermore, since the mid-1900s, Afro-Brazilian cultural manifestations, such as, for example, samba and capoeira, started to be valued as a part of our “national identity”. These specificities make race relations in Brazilian society a much more complex issue. This paper is focused on selected parts of interviews that deal with the nature of racial discrimination in Brazil, extracted from interviews with leaders of the black movement produced within the scope of the project “The History of Black Movement in Brazil: organization of a collection of Oral History Interviews”, developed by CPDOC, Getulio Vargas Foundation (Rio de Janeiro). These “histories within history”, as told by our interviewees, may be transformed into images that will be able to condense a given reality, thus allowing us to evaluate the gains obtained by oral history methodology.

Black-White Wage Gap Among Restaurant Servers: A Replication, Extension, and Exploration of Consumer Racial Discrimination in Tipping

There is a rich history of social science research centering on racial inequalities that continue to be observed across various markets (e.g., labor, housing, and credit markets) and social milieus. Existing research on racial discrimination in consumer markets, however, is relatively scarce and that which has been done has disproportionately focused on consumers as the victims of race-based mistreatment. As such, we know relatively little about how consumers contribute to inequalities in their roles as perpetrators of racial discrimination. In response, in this paper we elaborate on a line of research that is only in its’ infancy stages of development and yet is ripe with opportunities to advance the literature on consumer racial discrimination and racial earnings inequities among tip dependent employees in the United States. Specifically, we analyze data derived from a large exit survey of restaurant consumers (n=378) in an attempt to replicate, extend, and further explore the recently documented effect of service providers’ race on restaurant consumers’ tipping decisions. Our results indicate that both White and Black restaurant customers discriminate against Black servers by tipping them less than their White coworkers. Importantly, we find no evidence that this Black tip penalty is the result of interracial differences in service skills possessed by Black and White servers. We conclude by delineating directions for future research in this neglected but salient area study.

Disrupting the new orthodoxy : emergency intervention and Indigenous social policy

This article develops a critical analysis of the ideological framework that informed the Australian Federal government’s 2007 intervention into Northern Territory Indigenous communities (ostensibly to address the problem of child sexual abuse). Continued by recently elected Prime Minister, Kevin Rudd, the NT ‘emergency response’ has aroused considerable public debate and scholarly inquiry. In addressing what amounts to a broad bi-partisan approach to Indigenous issues we highlight the way in which Indigenous communities are problematised and therefore subject to interventionist regimes that override differentiated Indigenous voices and intensify an internalised sense of rage occasioned by disempowering interventionist projects. We further argue that in rushing through the emergency legislation and suspending parts of the Racial Discrimination Act, the Howard and Rudd governments have in various ways perpetuated racialised and neo-colonial forms of intervention that override the rights of Indigenous people. Such policy approaches require critical understanding on the part of professions involved most directly in community practice, particularly when it comes to mounting effective opposition campaigns. The article offers a contribution to this end.

Special Measures in Indigenous Welfare Reform: Examining the Cape York Trial

The Cape York Welfare Reform (‘CYWR’) trial was due to expire at the end of 2011. In October 2011, the Queensland Government voted to extend the trial until the end of 2013. In November 2011, the Federal Minister for Indigenous Affairs announced changes to the Social Security (Administration) Act 1999 (Cth) that will extend another similar welfare reform, the School Enrolment and Attendance through Welfare Reform Measure (‘SEAM’), throughout other parts of Australia. This article examines the CYWR with reference to the Racial Discrimination Act 1975 (Cth) (‘RDA’), using the data available in the publications from the Family Responsibilities Commission (‘FRC’).It finds no clear evidence that the reforms have been effective in improving social conditions thus far and, as such, serious concerns as to whether the CYWR breaches the RDA.

The judgments of Justice Lionel Murphy

Member of High Court Bench; includes references to Aboriginal voting rights; protection of Aboriginal sites in Franklin Dam Case; authors statements from cases - Onus v Alcoa of Australia Ltd, Portland; Neal v Queen, Yarrabah, Koowarta v BjelkePeterson, and Racial Discrimination Act 1975, Archer River; Queen v Toohey (Kenbi, Cox Peninsula); Coe v Commonwealth; Veen v Queen.

Editorials: A different kind of treatment

Health professionals' duty of care includes combating racism in society as well as in health care settings. The Australian Government's proposed changes to the Racial Discrimination Act 1975 and the repeal of section 18C has transfixed national debates on legally defining racial discrimination.1 Under these changes, racial discrimination would no longer include acts that “offend, insult, humiliate or intimidate” a person based on the person's race, colour or national or ethnic origin and instead be limited to acts that “incite hatred” or “cause fear of physical harm”.2 These proposed changes have been framed in the context of enabling “free speech”, yet, evidence presented in this issue of the Journal shows that they have potential to cause harm. In this issue, Kelaher and colleagues highlight the prevalence of racism as experienced by Indigenous Australians and its deleterious effects on mental health.3 Alarmingly, almost every Aboriginal Victorian participating in this study reported an experience of racism in the preceding 12 months, which included jokes, stereotypes, verbal abuse and exclusionary practices. The experiences of racism reported here neither incited hatred nor caused fear of physical harm, yet resulted in harm such as psychological distress, especially when meted out in our health care system. These findings are a stark reminder that racism is indeed an important health issue, and as health professionals, our duty of care extends to contributing to these broader policy discussions...

Andrew Bolt isn't a racist, but ...

The Coalition's push to make changes to the Racial Discrimination Act was in part a response to a court ruling that Andrew Bolt had breached the Act over his comments about Aboriginal Australians. Here, Chelsea Bond revisits the newspaper columnist's treatment of Aboriginality, explaining that race is more than skin deep.

Travelling bones: The repatriation of Indigenous ancestral remains

In the album Journey, Archie Roach -- the Australian Indigenous singer-songwriter hailing from Mooroopna in Victoria - has a melancholy song called ‘Travell’n Bones.' It is about the repatriation of Indigenous ancestral remains to their rightful home. This Chapter considers the legal, ethical, and cultural conflicts over Australian indigenous remains being held in museums, in Australia, the United Kingdom, the European Union, and the United States. James Nason comments: ‘The explosion of legal and extra legal attention on issues of cultural property and heritage was born of the frustration and anger of indigenous peoples whose rights and perspectives about cultural property and heritage issues had been largely absent and essentially unwanted by the museum of community.' Part I focuses upon disputes in Australia involving the repatriation of Indigenous Australian remains. In Bropho v HREOC, there was controversy over a cartoon, mocking the repatriation of the remains of Yagan, an Indigenous warrior, to Western Australia. There was a discussion about the operation of the Racial Discrimination Act 1975 (Cth), and the exemptions available from the operation of the regime. Part II considers the efforts by The Te Papa Tongarewa - the Museum of New Zealand - to repatriate Maori and Moriori ancestral remains to New Zealand, and to iwi communities of origin. The conclusion considers the relevance of the United Nations Declaration on the Rights of Indigenous Persons 2007, and issues raised by ventures such as the Genographic Project.

Small axe

‘18C’ was a response to the impending amendments by the Coalition Government which will remove sections 18B – E of the Racial Discrimination Act (RDA). The Coalition has left a brief window to gauge community responses – so artists, writers and academics were requested to respond with a work on paper (photographic or pulp) to this change of the RDA. Incorporating many new and existing works ‘18C’ sends notice with visual, verbal and written work to ensure that this does not go unchallenged.

An open mic will part of the opening night for performances and responses throughout the evening. Documentation collated from the exhibition and opening night will be submitted to the office of the Australian Attorney General.

Artists include: Ange Bailey, Bumpy Favell, David Blumenstein, Dominic Golding, Heather Horricks, Jef Tan, Kirsten Lyttle, Lulu Quintanilla, Megan Evans, Peter Waples Crowe, Susan Forrester, Tama TK Favell, Torika Bolatagici, Angela Tiatia, Chiara Scafidi, Deborah Kelly, Frances Tapueluelu, Jason Heller, Jenny Fraser, Lian Low, Martin Nixon, Megan Cope, Robyne Latham, Taloi Havini, Texta Queen, Weniki Hensch.

“For them, it seems to be an abstract philosophical or legal argument. For them it’s a game, it’s a debate about words and abstract principles… For people who have experienced racism, it is a deeply personal debate, and it’s actually a debate about real people and real hurt.” - Penny Wong

Assessing mediators between discrimination, health behaviours and physical health outcomes: a representative cross-sectional study

PURPOSE: Discrimination is a social determinant of health; however, the pathways linking discrimination to ill-health are under-researched. This study investigated the mediators through which discrimination affects health behaviours and physical health outcomes, as well as assessed whether sex moderated these mechanisms. METHODS: Data from a representative survey (n = 1023) of undergraduate students enrolled in a Brazilian university in 2012 were used. Structural equation models were applied to assess the following mediation mechanisms--(1) discrimination influences self-rated health and body mass index via anxiety/depression; (2) discrimination affects behaviours (alcohol consumption, problem drinking, smoking, fruit/vegetable consumption, and physical activity) through discomfort associated with discriminatory experiences. The potential of sex to act as an effect-modifying variable was also explored in each of the postulated pathways. RESULTS: The effect of discrimination on self-rated poor health was totally (100.0%) mediated by anxiety/depression, while body mass index was not correlated with discrimination. Self-reported discrimination was associated with some behaviours via discomfort. Particularly, discomfort partially mediated the positive association between discrimination, leisure time physical activity (43.3%), and fruit/vegetable consumption (52.2%). Sex modified the association between discrimination, discomfort and physical activity in that such mechanism (more discrimination → more discomfort → more physical activity) was statistically significant in the entire sample and among females, but not among males. CONCLUSIONS: This is one of the first studies to demonstrate that discrimination is associated with physical health outcomes and behaviours via distinct pathways. Future investigations should further explicate the mediational pathways between discrimination and key health outcomes.

Educational accountability tests, social and legal inclusion approaches to discrimination for students with disability : a national case study from Australia

The UN Convention on the Rights of Persons with Disability (CRPD) promotes equal and full participation by children in education. Equity of educational access for all students, including students with disability, free from discrimination, is the first stated national goal of Australian education (MCEETYA 2008). Australian federal disability discrimination law, the Disability Discrimination Act 1992 (DDA), follows the Convention, with the federal Disability Standards for Education 2005 (DSE) enacting specific requirements for education. This article discusses equity of processes for inclusion of students with disability in Australian educational accountability testing, including international tests in which many countries participate. The conclusion drawn is that equitable inclusion of students with disability in current Australian educational accountability testing in not occurring from a social perspective and is not in principle compliant with law. However, given the reluctance of courts to intervene in education matters and the uncertainty of an outcome in any court consideration, the discussion shows that equitable inclusion in accountability systems is available through policy change rather than expensive, and possibly unsuccessful, legal challenges.