Australian Human Rights Commission Submission to the UN Committee On The Elimination Of Racial Discrimination, 30 October 2017 were employment,157 accommodation,158 and racism and racial discrimination.159 135. The Commission conducted a national survey on sexual assault and sexual harassment in Australian universities and released a report in 2017 (Change The Course report). In the Commission’s suvey, 5.1% of international students reported being sexually assaulted in 2015 and/or 2016, and 1.4% reported experiencing this in a university setting.160 Recommendation 31: That all Australian governments provide targeted services to protect international students from discrimination. Further, that the Australian Government ensure appropriate data is compiled on the experience of international students in Australia, particularly in relation to income and expenditure, housing experiences, employment discrimination and experiences of violence and sexual harassment. Religious discrimination or vilification (CERD articles 4 & 5) 136. Attacks on places of worship and on people who are visibly religious are regularly reported in the news media. Attacks on and threats towards mosques and Islamic prayer rooms,161 synagogues,162 and churches163 occur, as do instances of public abuse and physical attack on people perceived to belong to a particular religion, such as Muslims,164 Jews165 and Sikhs.166 137. In the context of discrimination, the distinction between religion and race is not always clear. For example, many Muslim Australians have described antiMuslim sentiment in terms of racism. Muslim Australians have altered their participation in public life and cancelled public events due to fears of being attacked or abused for their religion.167 However, the RDA does not protect against discrimination based on religion rather than race. 138. For the period covering 1 October 2015 – 30 September 2016, the Executive Council of Australian Jewry reported that 210 anti-Semitic incidents were logged, including 12 physical attacks, 22 instances of property damage and vandalism, and dozens of instances of abuse, harassment, intimidation, and threats.168 Anti-Semitic incidents occur regularly ‘around synagogues on the Jewish Sabbath’.169 The report notes that many instances go unreported.170 139. The Federal Court of Australia has indicated that Jewish people constitute an ethnic group for the purposes of the RDA on account of their shared customs, beliefs, traditions and characteristics derived from a common history and identity.171 The Federal Court has not directly considered whether other religious groups — including Muslims — fall within the scope of the RDA.172 140. The Commission notes that a parliamentary inquiry is underway relating to the status of the right to freedom of religion and belief in Australia.173 Recommendation 32: That the Australian Government consider how Australian law could better reflect international human rights law relating to religious belief and observance. 27

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