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EQ - December 2002

THIS EDITION:

Tampering with human rights

Corporate litigation lawyer turned refugee rights advocate Eric Vadarlis will deliver the Commission's second annual Victorian Human Rights Oration on December 10.

Eric Vadarlis rose to prominence in August last year when he took Federal Court action against the Federal Government on behalf of 433 asylum seekers aboard the Tampa.

He was awarded the 2002 Civil Justice Award of the Australian Plaintiff Lawyers Association for his efforts.

An outspoken critic of the Government's treatment of asylum seekers, Eric also represented two boys who were turned away by the British Consulate following their dramatic escape from Woomera Detention Centre and subsequent plea for asylum.

Titled 'Tampering with Human Rights', the Oration will give Eric an opportunity to speak on the meaning of human rights for ordinary Australians and how his experiences as a migrant drove him to take the Federal Government to Court over the treatment of asylum seekers aboard the Tampa.

The Victorian Human Rights Oration is the Equal Opportunity Commission's major annual event and will be held on December 10 to recognise United Nations Human Rights Day.

The aim of the Oration is to bring a focus to human rights as an issue that affects everyone from world leaders to ordinary Australians.

Last year's inaugural Victorian Human Rights Oration was delivered by the then East Timorese independence leader Xanana Gusmao.

Eric Vadarlis and his parents docked in Port Melbourne in March 1969 in search of a better life. Settling in Brunswick, Eric's upbringing was similar to countless migrant children who were called wogs and got into fights.

It was a potent combination of these early experiences, a passionate belief in helping the 'underdog' and pride in Australia's multiculturalism that compelled him to take action for the Tampa boat people - a move that has cost him and his family dearly financially, mentally and emotionally.

He and a team of 21 lawyers argued that the Government had acted unlawfully by refusing to allow the asylum seekers into Australia to apply for asylum.

After Justice Tony North ruled that Tampa boat people had been illegally held, Eric announced he would fly to see the boat people to deliver the good news. He still has not met them.

A few weeks after the decision, a Full Bench of the Federal Court overturned his short-lived success, in favour of the government.

The second annual Victorian Human Rights Oration

Tuesday 10th December 12pm to 1pm Followed by refreshments

Swanston Room, Melbourne Town Hall, Swanston St Melbourne (wheelchair access available)

Registration Julie Paxton
Friday 6th December 2002
Ph (03) 9281 7169
Email: julie.paxton@eoc.vic.gov.au

Registration is free

Please advise at the time of registration if you require a sign interpreter, attendant carer or other support.

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EOC Chairperson resigns

The Equal Opportunity Commission Victoria chairperson Virginia Rogers has resigned to contest a seat in the forthcoming State election.

Speaking on behalf of Commission members and staff, Commission Chief Executive, Dr Diane Sisely, thanked Ms Rogers for her dedication and the valuable contribution she has made to the Commission since her appointment in 1994.

"Virginia's legal expertise and her experience in local government has been invaluable to the Commission," Dr Sisely said.

"Virginia has also built important relationships with employer bodies and helped educate employers about their responsibilities under anti-discrimination legislation."

"On behalf of my fellow Commission Members I wish Virginia all the best in her future endeavours."

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EQ VIEW

Putting human rights on the agenda

Fear for one's livelihood, xenophobia, and the perpetration and use of negative, erroneous stereotypes, all can and do give rise to discrimination, harassment, bullying and vilification.

Our individual and collective failure to act in accordance with our responsibilities can compound this behaviour. And events in the wider community give rise to an environment that condones vilification or harassment.

This was evident in the increase in levels of racial hatred and vilification against Australian Muslims following the infamous 'Pacific Solution' and terrorist attacks in the United States and Bali.

As a result members of Arabic and Muslim communities going about their ordinary business have been subject to increased verbal abuse and racial/ religious vilification that has included offensive and threatening emails and phone calls and physical assault. Muslim women have been afraid to go to local shopping centres, young girls have been withdrawn from schools. They have been refused services and have been spat upon, and their veils have been torn off.

Beyond the headlines

It is time to build on our positive accomplishments in human rights, so that they are not left to languish in vain. In the last 10 or 12 years, the struggle towards reconciliation has moved from a marginal social and political issue to one supported by the majority of Australians. However it is in danger of being forgotten. Similarly the great success of Australia's post war migration policy, which has led to one of the most peaceful, inclusive and diverse countries in the world could also be lost unless we are vigilant.

It is timely to ask ourselves, what kind of community do we want to live in? The answer to this question centres on what we value, how we see ourselves and who we are. It involves looking beyond the headlines that Phl us that we are a racist and intolerant one day and multicultural and accepting the next.

A more sophisticated approach to human rights

An effective new approach to protecting human rights and preventing discrimination must look beyond the individual, must look to the structures and processes that condone, entrench or support it.

The Commission has commenced work to identify and combat systemic discrimination. In the coming year this will intensify.

Earlier this year, the Commission and non-government organisations such as Amnesty International, the United Nations Association, the Catholic Commission for Justice, Development and Peace, the ACTU the Victorian Council of Social Services and several others came together to form the Human Rights Alliance of Australia (HRAA)

The HRAA has a commitment to eradicate human rights abuses, and create a social, economic, political and physical environment that ensures equal access to the enjoyment of life for all

Over the coming years it will work to, amongst other things, monitor the Federal and State Governments' commitments to and observance of, human rights agreements and keep human rights on the political and social agenda.

At an individual level we all have an obligation not to ignore or condone discrimination, harassment or vilification. We have a responsibility to stand up for equity for others as well as for ourselves. We must not let discriminatory behaviour go unchecked, whether it is at school, in the supermarket, on the football field or in political life.

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WHAT'S NEW?

New publications

New brochures on racial discrimination and religious discrimination are now available. These are the latest additions to our 'Your right to a fair go' series of brochures. Both brochures contain information on vilification as well as discrimination. More detailed information on vilification produced by the State Government following the introduction of the Racial and Religious Tolerance Act in January is also available from the Commission.

We have also re-released our brochure for young people promoting racial and religious diversity.

A new poster promoting the Commission's Advice Line is available. The distinctive black and white A2 poster replaces our outdated smaller general poster.

There is also a new poster for our Indigenous Outreach Program and matching fridge magnet featuring "The Tree of Equality" painting created especially for the Commission.

To order any of our publications please contact the Commission. Ph: (03) 9281 7122

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Diane Sisely appointed to Reconciliation Victoria

The Commission's Chief Executive, Diane Sisely has been appointed co-chair of Reconciliation Victoria. Diane has been involved in the reconciliation movement for many years. She was a member of the State Reconciliation Committee in Victoria from 1998-2000 and has been a key contributor to the formal development of Reconciliation Victoria through her participation on the Reference Group during 2001 and 2002.

Diane's co-chair is Eleanor Bourke, Adjunct Professor with the Centre for Australian Indigenous Studies at Monash University.

A descendant of the Wergaia and Wamba Wamba peoples of northwestern Victoria, Eleanor is a member of the Australian Institute of Aboriginal and Torres Strait Islander Studies, and was a member of the Family Law Council and the National Aboriginal Consultative Committee.

Her work in community-based organisations has included the Victorian Aboriginal Advancement League, the Victorian Aboriginal Education Consultative Group and Camp Jungai Cooperative Ltd.

Eleanor is currently working with the Department of Human Services in Victoria and VicHealth on Aboriginal community development projects.

Reconciliation Victoria has grown out of the former State Reconciliation Committee, which was established by the Council for Aboriginal Reconciliation to foster and promote reconciliation across the State through partnerships with communities, business and governments.

Reconciliation Victoria is a non-profit community-based organisation, which is part of a movement of reconciliation organisations in each state and territory.

The primary aim of Reconciliation Victoria is to encourage the active participation of all sectors of the Victorian community in adopting the Council for Aboriginal Reconciliation's 'Declaration Towards Reconciliation' and to implement at State, regional and local level the national strategies to advance reconciliation as outlined in the Council for Aboriginal Reconciliation's 'Roadmap for Reconciliation.'

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Disability discrimination rise: Annual Report

The Commission's Annual Report, tabled in State Parliament in October, reveals the number of complaints to the Commission has remained steady with a total of 3493 complaints lodged in 2001-02 compared with 3433 in 2000-01.

But Commission Chairperson, Ms Virginia Rogers cautioned against complacency.

"Levels of discrimination are still unacceptably high, particularly against people with a disability," she said.

The most common complaint to the Commission is of discrimination on the basis of disability.

In 2001/02 , the Commission received 794 complaints of disability discrimination, a marginal increase on the number for 2000/01 (771), but a significant increase on the 678 complaints of disability discrimination received two years ago. Most of the complaints were in the area of employment.

Ms Rogers said most of the complaints were not about wheelchair access, or discrimination because of a permanent disability such as blindness or deafness.

"Many of the complaints of disability discrimination in the area of employment are from employees who have been injured at work or who have been ill, and believe that their employer has discriminated against them as a result of a WorkCover claim, or by not making reasonable accommodation to allow them to return to work after an injury or illness," she said.

Acting Chief Executive Mr Matthew Carroll said our understanding of the issues faced by people with a disability was still poor, despite more than 20 years of legislation and education.

"We must remember that people with disabilities have rights just like the rest of us - to work, to services, education, accommodation."

Copies of the Annual Report are available on www.eoc.vic.gov.au

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Federal Court enforces online race hate complaint finding

Jones v Toben (includes explanatory memorandum) [2002] FCA 1150 (17 September 2002)

Facts

Mr Jeremy Jones, on behalf of the Executive Counsel of Australian Jewry, lodged a complaint with the Human Rights and Equal Opportunity Commission (HREOC) on 31 May 1996 about the publication of material placed on the Internet by Dr Fredrick Toben, Director of the Adelaide Institute. The material in question vilified Jewish people by alleging that:

HREOC findings

On 5 October 2000, HREOC found that Dr Toben had engaged in unlawful conduct by publishing material on the Internet that vilified Jews. Dr Toben was ordered to remove the offending material from his website and apologise to Jewish Australians.

At this time, as a result of the High Court decision of Brandy v HREOC (1995) 183 CLR 245, if a respondent refused to abide by a HREOC decision, the complainant needed to take the matter to the Federal Court of Australia for determination. An application to that effect was filed with the Court on 30 March 2001.

Federal Court of Australia findings

On 17 September 2002 the Federal Court upheld HREOC's ruling and ordered that the offensive material be removed within seven days. The court ordered Dr Toben, or an agent, to refrain from publishing the same or similar material on the World Wide Web or anywhere else. However, the Court felt that an apology, which would clearly not be sincere, would be a nonsense.

Just two weeks earlier, a similar complaint by the same complainant, Mr Jones, succeeded as well. In Jones v Scully [2002] FCA 1080 (2 September 2002) Mrs Olga Scully was found to have distributed leaflets, which were deeply offensive to Jews, around Launceston, Tasmania. The leaflets contained outright hostility to, and vilification of, Jews. Mrs Scully was restrained from distributing the same or similar material in the future.

What this case means

The decision shows that the Internet is not immune from successful prosecution under the Racial Discrimination Act (Cmth) 1975, particularly against anyone based in this country. It has not yet been tested against those people outside Australia engaging in similar activities.

The global nature of the Internet makes this area of law particularly interesting.

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Sexual harassment: not in your job description

The Commission has joined forces with CASA House (Centre Against Sexual Assault) to launch a sexual harassment support group on Friday, November 29 at the Queen Vic Café.

A postcard promoting the support group, the Commission and CASA House will also be launched on the day.

The Commission offers an advice and complaint resolution service for people who have experienced sexual harassment. In 2001/02, there were 422 complaints of sexual harassment lodged with the Commission. Most of these complaints are in the area of employment - hence the postcard's slogan - Not in my job description...

CASA House provides counselling for women who have experienced sexual harassment and established the sexual harassment support group as an additional service.

The launch of the support group is one of a number of events taking place in Victoria as part of the '16 Days of Activism Against Gender Violence'. The 16 days of Activism is an annual world-wide event. Now in its 11th year, the event aims to encourage individuals and organisations to raise awareness of all forms of violence against women including sexual harassment. The 16 day period begins on International Day Against Violence Against Women (25th of November), incorporating World Aids Day (December 1), International Day for the Disabled (December 3), and ending on International Human Rights Day (December 10).

The promotional postcard spells out that sexual harassment is against the law and gives women advice about where to go for help.

The postcards will be distributed in restaurants, bars, cinemas, universities and retail outlets as well as through the Commission and CASA House.

The launch will be held on Friday 29th November 10am - 11.30am

Queen Vic Café, 210 Lonsdale St, Melbourne (wheelchair access available)

Registration Julie Paxton, 03 9281 7169 or julie.paxton@eoc.vic.gov.au Registration is free.

Please advise at the time of registration if you require a sign interpreter, attendant carer or other support.

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Latrobe Valley Rights Centre

The Victorian Attorney-General, the Hon. Rob Hulls MP, officially launched the Latrobe Valley Rights Centre in late October.

An initiative of the Latrobe Valley Ministerial Taskforce, the centre has been funded for three years by the Department of Justice to deliver information and advice on equal opportunity and diversity, the rights of people with disability and the resolution of disputes.

Anglicare Gippsland will deliver the services locally with support from the Equal Opportunity Commission, the Office of the Public Advocate and the Dispute Settlement Centre of Victoria.

Mr Hulls described the centre as an "innovative new model for the local delivery of a range of important justice services."

Commission Acting Chief Executive, Matthew Carroll said the centre provided an excellent avenue for the Commission to reach people outside of the Melbourne metropolitan area.

"The Commission is committed to ensuring people in regional and rural Victoria are aware of their equal opportunity rights and responsibilities through its rural outreach program. The Latrobe Valley Rights Centre will build on the work already undertaken in the area and provide a sustained local presence," he said.

The Latrobe Valley Rights Centre is located at Gippsland Community Legal Service at 53-55 Buckley St, Morwell. Ph: 5133 9998

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Campaign opens doors for migrants

A new $350,000 education campaign to build better understanding between newly-arrived migrants and landlords was launched in October by Consumer Affairs Minister, the Hon. Christine Campbell, MP.

Ms Campbell said the New Country-New Home campaign outlined the rental rights and responsibilities of refugees and newly-arrived migrants as well as landlords and estate agents.

The campaign involves information seminars and two booklets - one for landlords and estate agents and the other for newly arrived migrants and refugees. Each will be available in a range of languages including Chinese, Vietnamese, Italian and Greek.

The campaign was developed by Consumer Affairs Victoria, the Equal Opportunity Commission (EOC), the Real Estate Institute of Victoria (REIV) and a range of government and community agencies.

Commission Chief Executive Dr Diane Sisely said the campaign would help inform migrants and refugees about their rights and responsibilities in Victoria.

"We hear of landlords or estate agents who have refused to rent to people from specific backgrounds, vary the lease in unlawful ways or make demands for three months' rent in advance," Dr Sisely said.

"It is against the law to discriminate against someone because of their racial or religious background and this campaign will ensure landlords and tenants from different cultural backgrounds understand this."

To obtain New Country - New Home booklets ring (03) 9627 7126.

For more information on the seminars ring (03) 9281 7101.

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ROUND UP

Commission launches Tree of Equality

Wurundjeri Elder and Equal Opportunity Commission Member Joy Murphy-Wandin officially launched the Commission's prized new painting 'The tree of equality' on Wednesday, 30th October 2002.

Indigenous artists and sisters Joanne Dwyer and Laura Thompson created the unique work of art for the Commission's Indigenous Outreach Program. The painting has been reproduced in posters and fridge magnets and will also be used in a number of different ways to promote the Indigenous Outreach Program.

Ms Murphy-Wandin said the Commission was very proud to have a painting by Indigenous artists as the focal point of the Indigenous Outreach Program.

"This painting was created especially for the Commission to symbolise our commitment to working with Victorian Aboriginal communities," she said.

"The story reminds us of the need for communication and co-operation."

The launch also gave the Commission an opportunity to reveal details of a new direction for the Indigenous Outreach Program including plans for a series of information sessions for Indigenous communities across the State about equal opportunity rights and responsibilities.

The Commission will also be looking to recruit contact officers/community advocates who will be trained to address Indigenous community needs in relation to dealing with racism, vilification and other discrimination issues.

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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 its 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: (03) 9281 7109

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On the road again

Every six months, the Commission targets a different area of regional Victoria for a local awareness campaign focusing on equal opportunity rights and responsibilities and the role and work of the Commission. These campaigns have been conducted over the last five years on a rotating basis around the State. In that time more than 5500 individuals from 1810 workplaces in 10 regions have participated in a broad range of equal opportunity education and training activities.

Between July and Christmas this year, the Commission is targeting the Wimmera - Grampians area in the West of the State - centering on Horsham, Stawell and Ararat. In each area we are pleased to have the support and encouragement of local government. This latest regional campaign was launched by Commission Chief Executive Diane Sisely in Horsham on 26 September and in Ararat on 27 September. At the launches, Diane spoke on 'Standing up to racism: Together we do better'. She explored issues of equity, opportunity and reconciliation and discussed Victoria's new Racial and Religious Tolerance Act which aims to protect our rich diversity and help ensure that all Victorians live without fear of racial and religious vilification.

Already as part of this campaign, 30 regional activities have been conducted or planned. These include presentations for local hospitals, education sessions in schools for staff and students, joint workshops with the Horsham Learning Centre, briefing sessions with the Greater Green Triangle Area Consultative Committee, a community forum at the Ararat Neighbourhood House and presentations for many local disability, youth, sporting and employer organisations. In addition to these formal presentations, Commission staff have visited dozens of other local organisations for meetings and consultations about relevant policies, complaint resolution procedures and developing equal opportunity plans and strategies.

If you and your organisation would like to become involved in the Wimmera - Grampians campaign, contact Outreach Program Coordinator, Peter Gourlay, on Ph: (03) 92817127 or email peter.gourlay@eoc.vic.gov.au

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About EQ

EQ is published by the Equal Opportunity Commission Victoria. Contributions are welcome, although opinions expressed by external contributors are not necessarily those of the Commission. All information in this newsletter may be reproduced if acknowledgement is given to the Commission. For more information contact EQ editor, Slavka Scott, Ph: (03) 9281 7150 or email slavka.scott@eoc.vic.gov.au

ISSN 1324-4450

Equal Opportunity Commission Victoria, level 3, 380 Lonsdale St, Melbourne 3000
Advice Line: Ph: (03) 9281 7100
Ph: (03) 9281 7111 Fax: (03) 9281 7171
Website: www.eoc.vic.gov.au Email: eoc@vicnet.net.au

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