The area of ‘racial vilification’ is fraught with making decisions on difficult nuances of free speech and individual and group rights. What’s important, Briant Tennant says, is that those responsible for anti-discrimination laws should not themselves discriminate against people.
Eliminate discrimination
Editor, West Australian: Responding to your report “race slurs should be penalised” by Kim Macdonald TWA, p6, 6 April 2010.
The West Australian Equal Opportunity Commissioner Yvonne Henderson wants more powers to penalise people who make what she considers negative comments against minority groups or race. She refers to a workplace claim, a particular race or ethnic group was, for example, “lazy” or prone to going “walkabout”. “The groups which create those bumper stickers which call for all Asians to leave Australia can’t be punished under the current laws” Commissioner Henderson said. “People can’t lodge a complaint about it and we can’t investigate because it is not considered extreme enough under the current laws.”
The fact that these suggestions have gone through the State Parliament but have been rejected by the Legislative Council, which considers these suggestions unnecessary in the interest of freedom of speech, freedom of expression, freedom of opinion. So State Parliament does not consider it necessary to change the law.
I would like Commissioner Henderson to address her own backyard, where I’ve witnessed – in the discrimination tribunal – discrimination – two poor people. One of them, the one who made the complaint against the other for racial discrimination, got a lawyer through Legal Aid. As the general rule, the defendant is refused Legal Aid, because Legal Aid hasn’t got unlimited funds to defend both.
In the case I observed, I pointed out to the judge in open session how uneven the discrimination tribunal is. Thank goodness he had no hesitation in throwing out the unfounded claim against the undefended accused. Commissioner Henderson, I call on you to eliminate such discrimination in your tribunals.
Brian G Tennant
Human Rights Campaigner
Member of Civil Liberties Australia
April 2010