Frustrations were raised regarding processes where communities are often consulted but no
responding changes are made. It was also noted that there is often a disconnect on the ground
between government intentions and how policies function in practice. This was characterised as
a reflection of the state of relationships between negatively racialised communities and
government bodies, namely one where the relationship is neither genuine nor equal.
It’s never a genuine partnership, the community has to demonstrate their
value, but the government never has to show their value. — consultation with
First Nations organisation, NARF project, May 2021 – April 2022
Accountability
Accountability was a recurring theme in both consultations and submissions. The Commission
consistently heard that unless there are mechanisms in place to hold governments and
organisations accountable, an anti-racism framework will be ineffectual.
There have been numerous occasions when international human rights bodies have
recommended that Australia improve its racial discrimination laws. Australia has not acted on
these recommendations. For example, responding to Australia’s eighteenth to twentieth periodic
reports to the United Nations Committee on the Elimination of Racial Discrimination (CERD), the
CERD noted:
The Committee regrets the State party’s decision not to adopt a federal human
rights act, as recommended during the national human rights consultation of
20094
The Committee is concerned that protection against racial discrimination is
still not guaranteed by the Constitution, in accordance with article 4 of the
Convention, and that sections 25 and 51 (xxvi) of the Constitution in
themselves raise issues of racial discrimination 5
The scoping phase of the project also identified the continued failure of successive governments
to implement fully the recommendations outlined in the Bringing Them Home Report6 and the
Royal Commission into Aboriginal Deaths in Custody.7 Participants felt grave concern that even
while these powerful evidence-based reports exist, government implementation of the
recommendations has not occurred or has at best been piecemeal and ad hoc.
A National Anti-Racism Framework, as it relates to First Nations issues, must
refer to the numerous studies, reports and recommendations that have been
released over the decades since RCIADIC with the intent of protecting or
responding to Aboriginal and Torres Strait Islander community interests. The
National Anti-Racism Framework must be the vehicle to actualise the solutions
that have been established for so long. — submission from Australians for
Native Title and Reconciliation (ANTaR), NARF project, May 2021 – April 2022
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