Discrimination Experienced by Migrants
http://www.theguardian.com/commentisfree/2014/oct/02/bansky-clacton-on-sea-racism-tendring-district-council-destroyed-immigration
Australia is receiving a higher number of migrants than ever before, with 28% of the total population in 2015 having been born overseas.[1] The resulting cultural diversity has been the focus of the Australian Government’s multicultural policy framework, which aims to promote tolerance and respect while tackling prejudice within the community.[2] However, discrimination against migrants remains an issue due to racist attitudes and citizenship requirements that disadvantage certain migrant groups.
Racial discrimination
Over the past 3 years, surveys revealed that up to 19% of respondents experienced discrimination based on their skin colour, ethnicity or religion.[3] Migrants in particular are vulnerable to verbal harassment, social exclusion and unfair treatment, especially within the workplace or in public.[4] These discriminatory instances are reported most commonly by individuals who:
Are between the ages of 25 and 34 (24%),
Come from a non-English speaking background (21%),
Are Muslim or Hindu (26%).[5]
Legal protections
The main legislative safeguard is the Racial Discrimination Act 1975 (Cth), which gives effect to state obligations contained in the International Convention on the Elimination of all forms of Racial Discrimination (ICERD).[6]
Section 9 of the Act preserves the equal enjoyment of rights and freedoms from impairment by any “distinction, exclusion, restriction or preference based on race, colour, descent or national or ethnic origin”.[7]
Section 5 extends these grounds of discrimination to include one’s status as an immigrant.[8]
Section 8 allows special measures to be taken to ensure certain groups can exercise their rights and freedoms in an equal manner to the rest of the community.[9]
The Act’s protection covers aspects of daily life such as fair access to places and facilities,[10] dealings with land,[11] provision of goods and services,[12] and employment relations.[13]
Issues
The effectiveness of the Racial Discrimination Act is undermined by the fact that many racist incidents go unreported.[14] Migrants generally face multiple barriers that prevent them from accessing the law’s protection:
They lack knowledge or awareness of the Act and how it operates,
They feel uncomfortable with the detailed reporting process or find it inadequate,
They fear further antagonism from the perpetrators,
They tend to have limited confidence in government authorities,
They cannot afford the time and economic resources.[15]
In the absence of dedicated support and educational measures, merely having a formal avenue for filing complaints is therefore not enough to address racial discrimination against migrants.
Citizenship laws
The process of applying to become an Australian citizen tends to disadvantage certain migrant groups such as low-literacy non-English speakers and refugees. A major point of contention has been the mandatory citizenship test, which requires applicants to demonstrate basic English language skills as well as a comprehension of Australian culture and values.[16] As a result of the test:
Prospective citizens from Afghanistan, Iraq and other non-English speaking countries struggled to achieve citizenship status compared with English speakers.[17]
Pass rates for humanitarian migrants were 20% lower than skilled migrants, forcing a disproportionate number of refugees to retake the test for their citizenship.[18] This directly hinders their individual livelihoods because:
A citizenship status would officially provide them with the protection that they seek. It not only shields refugees from prosecution, but also grants them access to the democratic rights and freedoms associated with being an Australian citizen.[19]
Without a citizenship and passport, refugees cannot travel internationally to reunite with separated family members.[20]
In 2009, citizenship testing was reformed to include such changes as the use of plain English, widened exemptions and an alternative course-based test.[21] Although the application process has been improved, other problems remain as indicated by the fact that refugee applicants wait an average of 215 days for an outcome.[22] These major unexplained delays in granting citizenship to refugees, many of whom arrived by boat, reveal potential discrimination against migrant groups that warrants continued evaluation and reform.
[1] Australian Bureau of Statistics, ‘Overseas born Aussies highest in over a century’ (Media Release, 30 March 2016) <http://www.abs.gov.au/ausstats/abs@.nsf/Latestproducts/3412.0Media%20Release12014-15?opendocument&tabname=Summary&prodno=3412.0&issue=2014-15>.
[2] Commonwealth of Australia, A New Agenda for Multicultural Australia (December 1999) Department of Social Services, 6 <https://www.dss.gov.au/sites/default/files/files/settle/multicultural_australia/agenda.pdf>.
[3] Andrew Markus, Mapping Social Cohesion 2015: National Report (2015) Scanlon Foundation, 23 < http://scanlonfoundation.org.au/wp-content/uploads/2015/10/2015-Mapping-Social-Cohesion-Report.pdf >.
[4] Ibid 23-25.
[5] Ibid 24.
[6] International Convention on the Elimination of All Forms of Racial Discrimination, opened for signature 21 December 1965, 660 UNTS 195 (entered into force 4 January 1969).
[7] Racial Discrimination Act 1975 (Cth) s 9(1).
[8] Ibid s 5.
[9] Ibid s 8(1).
[10] Ibid s 11.
[11] Ibid s 12.
[12] Ibid s 13.
[13] Ibid s 15.
[14] Tim Soutphommasane, Ting Lim and Anna Nelson, Freedom from Discrimination: Report on the 40th anniversary of the Racial Discrimination Act (November 2015) Australian Human Rights Commission, 50 <http://humanrights.gov.au/sites/default/files/document/publication/RDA40_report_2015_AHRC.pdf>.
[15] Ibid 50-51.
[16] Commonwealth of Australia, Australian Citizenship: Our Common Bond (2014) Department of Immigration and Border Protection, 4 <https://www.border.gov.au/Citizenship/Documents/our-common-bond-2014.pdf>.
[17] Human Rights and Equal Opportunity Commission, Submission – Australian Citizenship Test (2008) Australian Human Rights Commission <https://www.humanrights.gov.au/submission-australian-citizenship-test-2008#fn6>.
[18] Refugee Council of Australia, Submission to the Review of the Australian Citizenship Test (2008), 3 <https://www.refugeecouncil.org.au/r/sub/0806-Citizenship.pdf>.
[19] Refugee Council of Australia, Delays in citizenship applications for permanent refugee visa holders (October 2015), 3 <http://www.refugeecouncil.org.au/wp-content/uploads/2015/10/1510-Citizenship-Delays-for-Permanent-Refugees.pdf>.
[20] Ibid.
[21] Department of Immigration and Border Protection, Changes to the citizenship test and application process <https://www.border.gov.au/Trav/Citi/Lear/Citizenship-test/test-changes>.
[22] Delays in citizenship applications, above n 19, 7.
