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EQ - August 2002

THIS EDITION:

New campaign tackles discrimination in private rental

A new campaign tackling discrimination against migrants and refugees in the private rental market was launched in May by Consumer Affairs Minister Christine Campbell and Equal Opportunity Commission Chief Executive, Diane Sisely.

The State Government has provided the Commission with $346,000 from the Estate Agents Guarantee Fund to run a state wide information campaign dealing with racial discrimination against newly arrived migrants and refugees. The campaign will address the misunderstandings, stereotypes and discrimination faced by migrants in the rental market. It aims to help tenants and landlords understand their rights and responsibilities and help cut down on the number of people forced to take complaints to the Residential Tenancies Tribunal and the Equal Opportunity Commission.

The project will deliver a complex multi-lingual education and media campaign targeting real estate agents, private landlords and tenants from a number of different cultural and language backgrounds. For example the project will include information for landlords in Italian and Chinese and information for tenants in Arabic and Somali.

The Commission will work with a number of agencies in developing the project including:

Unlawful discrimination in accommodation

In Victoria, it is against the law to discriminate on the basis of a person's race or religion when providing accommodation. This includes renting a:

Migrants, and people from small and emerging communities in particular, experience significant discrimination when trying to rent accommodation - often related to skin colour, dress and appearance, language ability, family responsibilities or religious belief or activity.

Discrimination may take the form of:

People who look different to the white, European majority appear to be the most likely to face discrimination. In one study, the rental experiences of new arrivals from the Former Yugoslavia and the Horn of Africa were compared. People from Africa were found to be more likely to experience racism when accessing private rental accommodation.

Why newly arrived migrants need help

Discrimination against newly arrived migrants can be difficult to address because it is often very subtle and many new migrants are unaware of their rights. Added to this small and emerging communities often they have less access to resources, information and social support. For example new arrivals have only one month's assistance from Migrant Resource Centres after which they are totally dependent on their own resources.

he vast majority of newly arrived migrants and refugees have no choice but to access the private rental market because there is a two year waiting list for public housing.

Despite information from community agencies that points to a significant level of discrimination in accommodation, the Commission receives few complaints from newly arrived migrants. Few newly arrived migrants are prepared to make a formal complaint to the Commission for a number of reasons. For example they might:

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National reconciliation week 2002 - 27th May to 3rd June

Photograph of Joy Murphy-Wandin
Joy Murphy-Wandin

The theme for National Reconciliation Week this year was 'Reconciliation: Walking the Talk' meaning Australians have walked together for reconciliation, now we need to work together.

The week featured a number of significant events. The Inaugural Eddie Mabo Memorial Lecture and Dinner and the Unfinished Business Conference, and the Martin Luther King 111 Dinner were considered highlights of the week's celebrations. These events attracted a cross section of Aboriginal and Islander people from across Australia, representatives from Council of Churches, major business corporations and supporters of reconciliation.

It was pleasing to see many partners were involved in the co-ordination of these events and that reconciliation was working from this aspect. Most speakers presented openly and strongly about issues to be considered and dealt with by all Australians for all Australians. There was a strong view that we should remember what reconciliation means to Indigenous Australians - the need to maintain their spiritual and physical connection to all aspects of their culture and at the same time provide an appropriate means to be taken seriously for their proper inclusion in mainstream society.

Some of the most relevant comments from the Unfinished Business Conference:

Ms Monica Morgan - Yorta Yorta Aboriginal Corporation

"Racism doesn't disappear at the negotiation table"

Rev Tim Costello - President Baptist Union of Australia

"Michael Long broke the entrenched code of silence, extraordinary breakthrough in popular culture" (racial vilification in Aussie rules)

"The Churches spiritual and moral challenge"

".Paradoxes of the head and the heart, I hope paradoxical struggle won't give up"

Mr Richard Franklin - Playwright

"Attitudes perpetuate racism"

"Minorities are made not born"

"If a treaty can give me back my family, stop my pain, ease my pain"

Lillian Holt - Director Centre for Indigenous Education, Melbourne University

"Nothing to fear but fear itself"

"Not of guilt and blame but self discovery"

Senator Aden Ridgeway - Deputy Leader Australian Democrats

"I call upon my Party for a Senate Inquiry into what has become of the reconciliation process?"

Ms Camilla Cowley - Retired Pastoralist

"Thank you for your patience and forgiveness for our ignorance"

Business of all kinds will always be on the table for discussion but at some stage of a process, some business needs to be finalised. If only one process regarding an Indigenous Australian issue could be finalised completely and in its entirety then it might be seen as an honouring of this process. Otherwise the honour might be seen to be a betrayal and denial.

I am keen for the Equal Opportunity Commission to become more fully involved in this process and discussions have begun for a Commission hosted function for Reconciliation Week 2003.

With a sense of optimism for a better future for all Australians, I ask you to remember the words of Martin Luther King Jnr.

"I have a dream my four little children will one day live in a nation where they will not be judged by the colour of their skin but by the content of their character. I have a dream today.

I have a dream that one day, little black boys and black girls will be able to join hands with little white boys and white girls as sisters and brothers. I have a dream today."

And the words of Martin Luther King 111 spoke in Melbourne during Reconciliation Week 2002.

"Thirty years ago when I was young and energetic I worked hard to get rid of racism and intolerance, not successful
Twenty-five years ago I worked hard to get rid of racism and intolerance, not successful
Twenty years ago I worked hard to get rid of racism and intolerance, not successful
Fifteen years ago I worked hard to get rid of racism and intolerance, not successful
Ten years ago I worked hard to get rid of racism and intolerance, not successful
Five years ago I worked hard to get rid of racism and intolerance, not successful
One year ago I rid myself of racism and intolerance"

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What's new?

Tree of Equality

Tree of Equality Artwork
Tree of Equality Artwork and Story by Joanne Dwyer and Laura Thompson 'Sister Designs' 2002 click here for a larger version of this picture

Earlier this year the Commission asked Indigenous artists Joanne Dwyer and Laura Thompson to paint a picture that symbolised the Equal Opportunity Commission and its work with Victorian Aboriginal communities. We wanted a unique work of art that could be used to promote our Indigenous outreach program. The talented duo not only came up with this wonderful painting but wrote the following accompanying story about the 'Tree of Equality'.

This artwork symbolises equal opportunity in a natural form. Night and day portray natures need for balance whilst the figures remind us to celebrate the spirit of diversity. Honey ants provide us an example of teamwork and community.

Through the tree of equality we see growth and development of the positive working relationships between the Equal Opportunity Commission Victoria and Victorian Aboriginal Communities, symbolised by a flowing roots system and it's outlets. These outlets lead to both; campfires, which are representative of the Victorian Aboriginal Communities and the orbs, containing scenes portraying some of the objectives of the Equal Opportunity Commission Victoria such as to provide culturally appropriate education and complaints handling services to Indigenous Victorians.

For more information about the Commission's Indigenous outreach program please contact Paola Morabito-Tang on Ph: 9281 7109.

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Submission to the Key Directions in Women's Safety

In April, the Commission made a submission to the State Government's Discussion Paper on Key Directions in Women's Safety.

In its submission the Commission noted that while steps taken by the government in relation to reform of the criminal justice system are appropriate and necessary, reform of the civil law, particularly to address issues of violence against women in the workplace needed to be given more prominence.

In particular the Commission supported the recognition of sexual harassment as a form of violence. In 2000/2001 the Commission received 1190 enquiries on sexual harassment yet only 562 complaints were lodged. Studies have revealed that often women think that it takes too much time and effort to complain, others are reluctant to cause problems for their harasser, others fear retaliation, humiliation and concerns about being labelled a troublemaker. Consequently, many women who have experienced sexual harassment may in fact, take no action and ignore it, hoping it will go away. Conversely, some women may feel that they have no option but to leave the workplace.

The Commission submitted that a 'code of conduct' similar to that which WorkSafe has issued in relation to bullying, could be issued in relation to tackling sexual harassment and violence at work.

The Commission also supported some form of assistance to women in helping them reintegrate into the workplace where a complaint has been made. This would help women counter feelings of isolation or exclusion from the workplace that can lead to a decision to depart.

Issues of compliance with the Equal Opportunity Act could also be improved in relation to sexual harassment in the workplace. Possible solutions could include provision for allowing representative complaints to be brought and sanctions for companies in cases of serious sexual harassment and 'repeat offenders'. An example of this which appears to be having an impact on behaviour in terms of prevention and compliance would be in the case of bullying at work, where the general provisions of the Occupational Health and Safety Act 1985 (Vic.) apply. Bullying can be a risk to the health of employees, and an employer can be prosecuted and therefore be named publicly and incur a hefty fine. However, if this same behaviour is called sexual harassment and pursued under equal opportunity legislation there are no provisions for fines and strict confidentiality is required in conciliation.

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New brochures

The Commission is in the process of upating its series of 'Your right to a fair go' brochures. New brochures on discrimination on the basis of marital status, parental and carer status and pregnancy and breastfeeding are now available. In the second half of 2002 we will release new brochures on discrimination on the basis of race, religious belief and other pesonal characteristics. Free copies of our brochures can be ordered by contacting the Commission. Tel: (03) 9281 7122

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Equal Opportunity Commission Victoria welcomes High Court decision on IVF

The Commission welcomed the High Court decision in April to dismiss an application by the Catholic Bishops Conference and the Federal Attorney-General to overturn a Federal Court ruling that the Federal Sex Discrimination Act overruled Victorian laws restricting access to IVF.

Commission Chief Executive, Dr Diane Sisely said the decision was a step in the right direction for Victorian women because it confirmed that protection from discrimination is guaranteed to all women under the Federal Sex Discrimination Act.

However the decision falls short of allowing all women equal access to assisted reproduction therapies, with fertile single women and lesbians still discriminated against under the Infertility Treatment Act.

Not allowing single women and lesbians access to assisted reproduction technologies because they are not medically infertile could amount to indirect discrimination on the basis of marital status or sexual orientation.

If a married woman is fertile but her husband is infertile the couple can get access to donor insemination. But if an unmarried woman is fertile she can't get access to donor insemination. The only difference between the two women is their marital status.

Those single women, lesbians and heterosexual couples who have the desire for a child may wish to seek out IVF technology. These services should be available to all of them - not restricted on an arbitrary and discriminatory basis.

"If we are going to make reproductive technologies available they should be available to all who need them, regardless of the reasons behind that need," Dr Sisely said.

"Not everyone gets married these days and single parent families are a reality, mainly as a result of divorce and separation."

In it's landmark report, Same Sex Relationships & the Law (March 1998), the Commission found that access to reproductive technology and adoption for people in same sex relationships required further consideration before any reform.

For that reason the Equal Opportunity Commission is pleased that the matter will be referred to the Victorian Law Reform Commission (VLRC) for consideration.

In preparing its reference to the VLRC, the Commission would like the Government to consider:

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Young people call on Government to help combat racism

Photograph of young people participating in an art project at the anti-racism forum
Young People participating in an art project at the anti-racism forum

The State government should fund racism workshops in schools a group of students told a forum recently. The suggestion was one of several to emerge from the Youth Anti-Racism Forum, highlighting the students' concerns that schools and the government should be doing more to combat racism.

About 30 secondary school students from the City of Maribyrnong attended the forum in Footscray, a joint effort between the Western Young Peoples Independent Network (WYPIN) and the Commission.

The forum provided an excellent opportunity for young people to voice their feelings about issues that concerned them in a safe environment. The use of art and music provided a valuable tool for young people to express themselves creatively while exploring a serious subject.

The students spoke about their experiences of racism which included being laughed at, teased, bullied and beaten up.

One participant said knowing that he might be a target of racism made him reluctant to go outside.

Another recent arrival said people threw rocks at his house and shouted "go home you wog", while a friend stopped attending school because he couldn't cope with the name-calling.

A young Indigenous woman told the forum she was beaten up every day in primary school because of her background.

The participants stressed the importance of openly discussing racism in class. They also recommended a new broader approach to the curriculum to include the study of other countries and Indigenous history and culture rather than the current focus of White Australian history. The students also called for teachers and principals to become positive role-models and show leadership in dealing with racism.

WYPIN youth worker Kavitha Chandra-Shekeran said the students believed racism had an impact on their self esteem and development.

"The perceived differences between their own culture and Australian culture can produce a feeling of distance and insecurity, a sense of not being sufficiently Australian," she said.

WYPIN and the Commission will follow-up the forum with an anti-racism peer-mentoring program which aims to give young people the skills to identify and deal with racism and then teach other young people how to do the same. Funded by the Commonwealth Department of Immigration and Multicultural and Indigenous Affairs (DIMIA), the Youth Anti-Racism Peer-Mentoring Program aims to encourage racial respect and understanding among young people.

The Western Young People's Independent Network (WYPIN) was established in 1989 by a group of young people of refugee and migrant backgrounds between 12-25 years of age living in the Western suburbs of Melbourne.

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Bullying

Photograph of Diane Sisely, Chief Executive
Diane Sisely, Chief Executive

In May Commission Chief Executive Diane Sisely addressed a group of employers and business people about bullying and vilification. Here is an edited version of her speech.

When we look at the definitions of discrimination, harassment and vilification as described in the Equal Opportunity Act and the Racial and Religious Tolerance Act it is clear that we are talking about behaviour that can be described as bullying. Discrimination, harassment and vilification are all behaviours which belittle, undermine, humiliate and threaten, cause disadvantage and harm.

According to research conducted by Queensland's Griffith University workplace bullies could be costing Australian industry up to $36 billion a year. And a Queensland Government taskforce has found that complaints are increasing and that bullying affects up to two million Australians each year. The taskforce found young people, women, casual or temporary workers, contractors and trainees were most likely to be victimised by workplace bullies. Most at risk were people in education, health services and public administration.

While we all might be a bit tired of the rhetoric about being an employer of choice, the reality is that unless employers are seen in this light they will struggle to attract and keep staff. The importance of an harassment and discrimination free workplace in attracting and keeping staff was highlighted in a survey of 100 companies last year in the 'Best Employers to Work for in Australia' survey. What this survey found was that what set the best companies apart was not massages or free coffee, or stock options, or getting flowers on your birthday. It's not even about money. It's about feeling safe, well led and excited by what the company does.

Last year VicHealth conducted research into Victorians attitudes towards bullying as part of its 'Together we do better' campaign. It found that Victorians widely recognise the prevalence of bullying behaviours as part of Australian culture, but few agreed that it should be. The research also highlighted the detrimental impact bullying can have on the bully, the victims and observers.

Bullying has been blamed on corporate restructuring, chronic under funding and an acceptance of harassment as part of the workplace culture. Discriminatory attitudes and behaviours, xenophobia, perpetration of negative stereotypes and jealousy, all can and do give rise to bullying and vilification.

Failure in the workplace to accept and act in accordance with one's responsibilities as an individual or as a manager can compound this behaviour.

There are a number of challenges I see for business in relation to achieving a workplace free from vilification, discrimination and harassment.

Firstly leadership. We need leadership that recognises that when we are afraid or up against a wall, fear can lead us to fall back on negative, harmful stereotypes. We need leadership that helps us get over these fears, that helps us go beyond harmful erroneous stereotypes and leadership that builds that understanding and inclusion.

Secondly we must change attitudes. We've seen it done with the road toll, the quit smoking and skin cancer campaigns. We need to do this in relation to discriminatory attitudes and behaviours if we are to prevent bullying, vilification and harassment.

Thirdly we need to address systemic issues. While the employment of a Vietnamese development officer may be good for her as an individual, it does nothing to address the vilification she faces every day in the workforce, at school, in the shopping centre.

Finally compliance. What mechanisms do you have in place to ensure you comply with the legislation? Who monitors them? How do you find out if they are satisfactory? Our evidence is that up to 70% of companies do not take proactive measures to prevent discrimination and harassment.

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Round up

Members of the Muslim and Arabic communities gain a new understanding of their rights

Photograph of member of the Muslim and Arabic communities. See caption for description
Back: Dr Khairy Majeed (Iraqi Association of Victoria), Hala Chamas (Victorian Arabic Social Services), Nadia Teffaha (Network of Australian Muslim Women), and May Helou (EOCV). FRONT: Sheik Issa Abdo and Abdulrahim Abikar (Somali Community of Victoria)

Arabic speaking community educator May Helou has been working with the Commission since the start of the year, ensuring people from Arabic and Muslim communities are aware of their rights under anti-discrimination laws.

May has conducted information sessions with a wide variety of groups within the diverse Muslim and Arabic communities including people from Lebanese, Iraqi, Syrian, Palestinian, Eritrean, Somalian and Egyptian backgrounds. Presentations, forums and workshops have been conducted in a variety of settings from schools and universities to mosques and migrant resource centres. May has also used the Arabic print and broadcast media to reach an even wider audience of Arabic speakers.

Sessions cover the services provided by Equal Opportunity Commission and an explanation of the complaint process. The Racial and Religious Tolerance Act has also been a major focus of discussion..

Another crucial part of May's project has been to set up an Arabic advocacy group which offers support to people wishing to make a complaint related to discrimination or vilification.

May says her work with the Commission has provided much needed clarity to people from Arabic and Muslim backgrounds about their rights in relation to discrimination and racism.

"My work has been a good way of making information available to a community which has unfortunately been the target of significant vilification and discrimination," she said.

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Annie teaches English in East Timor

Photograph of Annie Keogh
Annie Keogh - EOCV

In March Education Officer Annie Keogh took up a six month position in East Timor teaching English as a second language (ESL) with the Non Government Organisation (NGO) Forum. Annie is a recipient of the Victorian Government Volunteer Pilot Program.

To celebrate the new millennium in the newly independent East Timor in January 2000 was for me, the culmination of many years of active involvement with East Timorese and their struggle for independence. To return as a participant in the Victorian Government Volunteer Pilot Program to East Timor is a wonderful opportunity to make a tangible contribution to the rebuilding of this small, neighbouring country with people who have endured unbelievable suffering and face an enormous task with determination and optimism.

My role as an ESL teacher is to develop and conduct English language classes with local staff of national and international NGO's thereby enhancing the communication between NGO's, government and the community. I will also attempt to set up a training program for East Timorese English language trainers and assist with English translation for the NGO Forum.

It seems to me that the work in East Timor continues the theme of my work at the Commission in combining education and human rights. I have never lived overseas before and it is difficult to imagine all the challenges that I will face. I know that it is really, really hot in Dili, the mozzies carry malaria, there is no air conditioning at the Forum, that 'Timor time' means everything takes twice as long as you expect it to and the house I will share with my husband (who has been working in East Timor for over twelve months) has a squat toilet and a mandi (no shower or bath).

I also know that I am being given the opportunity of a lifetime and that there will be personal benefits in addition, I hope, to benefits for the Equal Opportunity Commission and the Victorian community. Victorians have a long history with East Timor and to have this recognised and formalised by this Victorian Government pilot program is a further step in the strengthening of the ties.

Annie Keogh

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About EQ

EQ is published by the Equal Opportunity Commission of Victoria (EOCV). Contributions are welcome, although opinions expressed by external contribution are not necessarily those of the Commission. All information in this newsletter may be reproduced if acknowledgment is given to the Commission Contributions and other inquiries should be made to Slavka Scott, tel: (03) 9281 7150 or by e-mail on slavka.scott@eoc.vic.gov.au.

ISSN 1324-4450

Equal Opportunity Commission, Level 3, 380 Lonsdale Street, Melbourne 3000. Tel: (03) 9281 7111 Enquiries tel: (03) 9281 7100 Fax: (03) 9281 7171 Email: eoc@vicnet.net.au

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