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.
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