|
 March 2009
|
|
|
|
NEWS AND VIEWS
|
THE HUMAN RIGHTS CONSULTATION: WHAT DOES IT MEAN?
|
Australia was a party to the creation of the United Nations, and the creation of the UN’s declaration on Human Rights in 1948. Yet many human rights are not protected by Australian law. Many Australians consequently do not have a good understanding of what their rights are, and how their rights are protected.
The Federal Government is planning to address this, announcing late last year that it would be conducting a national consultation into human rights during 2009.
The National Consultation will look at three key questions:
|
- Which human rights and responsibilities should be protected and promoted?
|
- Are these human rights currently sufficiently protected and promoted?.
|
- How could Australia better protect and promote human rights?
|
|
A series of roundtables will be held around the country for members of the community to take part in. Other forms of participation include submitting online or written submissions – see the Human Rights Consultation website for more details.
The consultation process will be similar to that which took place in the ACT and Victoria before the implementation of human rights legislation (in 2004 and 2006 respectively).
The President of the Australian Human Rights Commission, Catherine Branson QC, said the consultation process was an important opportunity for Australians to consider what human rights mean to them, and whether their rights are adequately protected. She also noted that despite being a founding member of the United Nations, "it is a matter of some surprise that, almost a decade into the 21st Century, human rights continue to remain inadequately protected in our own country."
Ms Branson said she was particularly conscious that Australia is the only liberal democracy in the world without a charter or bill of rights. "Our daily work at the Commission reveals laws and policies that inadequately protect rights, and every day we hear from individuals who feel that their rights have been breached."
Despite the seemingly universal appeal of protecting human rights, vocal opposition to the idea does exist. Much concern seems centred on the idea that adopting a human rights charter will create a system similar to the United States, with judges invalidating parliamentary legislation on rights grounds. This raises the spectre of judges, who aren’t accountable to the community in the way that politicians are, exerting undue influence – so-called 'judicial activism'. However, the model that is currently being touted – one similar to the Victorian and ACT charters – would not vest that type of power in the judiciary. As Justice Michael Kirby mentioned in an addressto the Victorian Law Reform Commission last year, the proposed model "does not give courts a power to override or invalidate a law made by Parliament. It simply encourages courts to interpret laws made by Parliament, in so far as they can, to be consistent with the charter. If an inconsistency exists, this is brought to the attention of Parliament. It still has the final say."
During the same address, Justice Kirby pointed out that much of the negative feeling on the idea was emanating from "politicians and sections of the media. It is natural, that those who enjoy unbridled power generally resist the attempt to impose any bridles. Why would they welcome checks or restrictions beyond those that they are presently saddled with?"
CMY will be getting involved in the process by conducting a series of consultations around the topic in March and April. We aim to hear the perspectives of young people from migrant and refugee backgrounds, to find out the rights that they deem important to protect, and how those rights should be protected.
|
Human rights in Australia – what’s protected?
|
| | | - The requirement that a compulsory acquisition of property by the Commonwealth must be on just terms.
| - The right to a trial by jury for a federal indictable offence.
| - The requirement that the Commonwealth must respect freedom of religion. It cannot make a law to establish a religion, impose a religious observance or prohibit the free exercise of any religion.
| - The requirement that Australian law must not discriminate against a person because of their state of residence.
| - The right to challenge decisions of the Commonwealth government in the High Court.
| - Implied rights (not expressly stated in the Constitution), for example freedom of political communication, or the freedom to talk about our government so that we can participate effectively in elections.
|
| | | - The right to equality before the law.
| - The right to liberty and security of the person.
| - Freedom from discrimination on the basis of race or sex.
| - The right to freedom of non-political communication.
|
|
|
|
(source material: Australian Human Rights Commission website)
|
Further reading
|
- Let’s Talk About Rights – toolkit and information sheets at the Australian Human Rights Commission website
|
- 'Answering Some of the Critics', transcript of address by Justice Michael Kirby at the Human Rights Act for Australia website
|
back to top
|
|
|
Diverse Australia Program
|
The Federal Government has made another major shift in policy with the announcement in January of the Diverse Australia Program. The program replaces the former government’s Living in Harmony initiative, and has been instigated after a review found the need for a greater focus on combating racism.
The Diverse Australia Program will make funding available for projects in areas where racial intolerance is found, and will provide assistance for smaller groups who apply for funding. The annual Harmony Day event, to be celebrated this year on Saturday 21 March, will be retained as it was found to have a high level of support.
The parliamentary secretary for multicultural affairs, Laurie Ferguson, told The Age at the program’s launch of his concern that the former program was too soft, with many of the activities that had been funded preaching to the converted, rather than properly tackling problems in communities. "It's not going to accomplish very much when people with good motivations sit around agreeing with each other," he said.
The anti-racism campaign component of the new program will target outer suburbs with high migration levels. There will also be an increased focus on identifying areas where funding is required, including commissioning research into racial intolerance and analysing media reports - Mr Ferguson made the point that areas with racial unrest were often in working-class outer suburbs that lacked institutions or community groups to apply for funding.
The positive move the federal government have taken, by actually naming ‘racism’, is a major step toward addressing the discrimination young people from refugee and migrant backgrounds experience. CMY welcomes the Diverse Australia Program and views this as a start to tackling the tougher ended issues such as racism and discrimination. CMY see first hand the systemic racism that migrant and refugee young people experience in their everyday lives. We anticipate the restructured grants program will actively address the blight of racism and promote opportunities for dialogue and understanding.
|
[source: Australian Government media release, 28 January 2009]
|
back to top
|
|
|
Australian Multicultural Advisory Council
|
Just missing our deadline for the last edition of CMY e-News was the federal government’s announcement in late December of the Australian Multicultural Advisory Council, which aims to offer advice to the government on topics such as social cohesion, overcoming intolerance and racism in Australia, social and civic participation of migrants in Australian society, and communicating the benefits of cultural diversity to the wider community.
The introduction of the board is a welcome step, as the government has been without a formal policy on multiculturalism since the previous one lapsed in 2006. It also recommits to the multiculturalism idea, after the previous government’s trend towards abandoning the concept with actions such as the renaming of the Department of Immigration and Multicultural Affairs to the Department of Immigration and Citizenship in 2007.
Dr Hass Dellal OAM, executive director of the Australian Multicultural Foundation and Chair of CMY’s Board of Directors, is one of the 16 people with expertise in the public, community and private sectors from a range of backgrounds who have been selected to form the council. Congratuletions, Hass! The council is chaired by AFL chief executive, Andrew Demetriou, and will serve until the end of June 2010.
|
(source: Australian Human Rights Commission media release, 17 December 2008; The Age article, 18 December 2008)
|
back to top
|
|
|
WHAT'S NEW AT CMY?
|
20 years of CMY publication
|
 You may recall the report from the last edition of CMY e-News on our 20th anniversary celebrations. That event saw the launch of Many Voices, One Story: a history of the Centre for Multicultural Youth, which tells the story of CMY’s journey over the last 20 years. It was put together as part of the 20th anniversary celebration to reflect on the challenges, achievements and lessons learnt along the way.
The original incarnation of CMY, the Ethnic Youth Issues Network, was formed in 1988. Many Voices, One Story traces the path the organisation has followed in becoming what it is today. You can now download a digital copy of Many Voices, One Story from the link below, or contact CMY if you’d like a printed copy.
|
 download a copy (3.3MB)
|
back to top
|
|
|
Upcoming CMY events
|
The Youth Forum Planning Committee, a product of CMY’s ‘Voices of Young Australia’ program, would like to invite young people across the west from diverse (refugee, migrant and Australian born) backgrounds to participate in the Youth Forum: Tackling Racism and Discrimination. The Youth Forum includes interesting guest speakers, a range of creative workshops and lots of food and fun! It is a great opportunity for young people to develop their leadership skills, meet new people and expand personal and professional networks. The Forum is supported by CMY in partnership with Melton Youth Services, and with funding from the Office for Youth and the Scanlon Foundation.
|
Date: Tuesday 17 March
|
Time: 9.30am-2.45pm
|
Location: Melton Youth Services 193 Barries Road, Melton)
|
download flyer (540kb)
|
download registration form (425kb)
|
And in case you haven't been yet, a reminder that the Immigration Museum have teamed up to present CMY: celebrating 20 years. This exhibition celebrates CMY and 20 years of advocating for Victoria’s refugee and migrant young people. It is also a celebration of the achievements of young people from refugee and migrant backgrounds and their commitment to working for human rights and social justice. A poster series and video installation, the exhibition describes the work of CMY through the stories of strong and inspiring young people, and is ON NOW at the Immigration Museum until mid-2009.
|
back to top
|
|
|
YRIPP seeking regional volunteers
|
Do you have good communication skills and an interest in supporting and empowering young people? Volunteer as an Independent Person with the Youth Referral and Independent Person Program (YRIPP)! An Independent Person is a volunteer who supports young people during interviews with Police when a parent or guardian is unavailable. Free training is provided.
YRIPP is currently seeking volunteers in Bendigo, Colac, Warrnambool, Portland, Hamilton, Sale, Bairnsdale, Lakes Entrance, Orbost, Leongatha, Warragul, St Arnaud, and Geelong.
Contact Jo Nicolson on 03 9340 3777 for more information, or visit the YRIPP website and complete an application form.
|
back to top
|
|
|
Get involved with Multicultural Multifaith Youth Mentoring
|
 Multifaith Multicultural Youth Mentoring (MMYM) is an initiative that aims to foster dialogue between decision makers in the Victorian community and young people from diverse cultural and faith backgrounds.
CMY is currently looking for young people to take part in the MMYM program. Download the flyer to find out more; if you're interested, please return the application form by Wednesday 18 March.
|
download flyer for young people (464kb)
|
download application form for young people (122kb)
|
If you’d like to find out more about the program, contact Anna Hutchens on (03) 9340 3700, 0448 623 006 or ahutchens@cmy.net.au.
|
back to top
|
|
|
YOUNG VOICES: PETER AJAK
|
This new section of CMY e-News features young people from migrant and refugee backgrounds, speaking about what's important to them, in their words. Peter Ajak is currently completing the third year of an Arts Degree. He has been involved in the UNHCR Refugee Speakers Bureau since 2007, speaking about refugee experiences at different events. A member of the Ethnic Youth Council, and is passionate about the issues that affect young people and about building bridges between the mainstream community and refugee communities.
|
My name is Peter Ajak. I won’t go into being a refugee, because refugees’ stories are all the same. But for someone like me, I have three identities – I was born in Sudan; I became a refugee; and I’m Australian now. So between all of this, I really don’t know who I am.
I was in a refugee camp for over eleven years, from 1992, to 2003 when I came here. Being a refugee is like being a national of a country with no identity – you’re there to depend on others, and you can’t do anything for yourself. I went to school in the refugee camp until high school, in Year 9. When I came here I started again in Year 12, and hopefully this year I will finish university. Those opportunities are good for me – none of my family went to school, we grew crops. The war took that off me, and now I get the new opportunity to be in a country that none of my ancestors has been. That is a privilege, and an opportunity.
What I can say about being a refugee is that the problem for young people is actually their identity. You can’t just fit in – if I go back to Sudan I won’t fit in; if I go back to the refugee camp I won’t fit in; in Australia, here, I’m not fitting in, simply because life is confusing. Being with three identities, you start living your life in an imaginary world,
Now I’m involved with the UN Refugee Speakers, which was started by the UN office in Canberra. I went to a number of schools, and what I have seen is how they can help me. But when I look at it, it’s not about me – it’s about the person who is in the mainstream and the person who is a refugee coming together, knowing each other. If I know your story, then I can start appreciating mine, that’s how I look at it. If I know you, and you have a different life experience, then I can start knowing my life better, because I didn’t live like you. If there’s a way of doing that around the world, building a bridge between the mainstream and the newly-arrived, that would be good because we’ve been affected by a lot of things – some politicians have made negative comments about us, and some media sources too. Negative comments, for a refugee, can really destroy you. Perceptions can create division in the community; instead of people coming together, people move aside because they just don’t know who to trust.
A refugee in the Western world, it’s hard for them to go back to where they came from – you’ve been forced out from where you live, and you can’t get back in. it is better for you to build a new life, and to do that you need support from the Government, from media sources, everyone.
|
back to top
|
|
|
WHAT'S NEW IN THE SECTOR
|
Details of upcoming events, conferences and new resources in the multicultural youth sector. If you have an event or resource you want promoted through CMY Digest, please send details to info@cmy.net.au
|
 |
|
A regularly-updated list of new resources and upcoming events in the multicultural youth sector
|
back to top
|
|
|
IN THE MEDIA
|
Multicultural youth issues in the media – what are some of the issues that are making it into the news? If you come across media articles you think should be highlighted in this newsletter, please forward to info@cmy.net.au
|
New Drive Against Racism (Inter Press Service online news, 26 February 2009)
|
Article examining the launch of the Diverse Australia Program, with comment from CMY's chief executive officer, Carmel Guerra.
|
> read the article at the Inter Press Service website
|
Obama's victory for African Australians (Eureka Street online magazine, 20 January 2008)
|
"While political pundits harp on about America's political realignment, Africans are celebrating the global mental shift President Obama represents. Obama has re-balanced the scale of black role models in the public sphere, which have been confined to actors, pop stars and sports people."
|
> read the article at the Eureka Street website
|
Refugee finds a real refuge (Werribee-Hoppers Crossing Star newspaper, 15 December 2008)
|
“Joanna Khin’s smiling face and warm, friendly manner, gives away nothing of the decades she spent in refugee camps on the Thai-Burma border.”
|
> read the article at the Star News Group website
|
back to top
|
