Parliamentary Joint Committee on Human Rights
regarding the operation of Part IIA of the Racial Discrimination Act 1975 (Cth)
including sections 18C and 18D
To: Parliamentary
Joint Committee on Human Rights
Date: 22nd December
2016
Re: Racial Discrimination Act, sections 18c
and 18d
Dear Joint
Committee
Thank you for
permitting a submission from our group, “Sydney Atheists” in relation to the
above issue. Below is our submission approved by the Sydney Atheists' executive
committee for your consideration.
Our submission
briefly states the following:
·
Who we are;
·
The legislation under review;
·
The mischief;
·
What the Sydney Atheists position is;
and
·
Recommendations by Sydney
Summary of our Position
Sydney Atheists
consider that there should be no changes to Section 18C (1) (a) and (b).
Background - Who we are
“Sydney Atheists”
is a non profit organisation of over 1,600 persons based in Sydney
We provide a
platform for members and guests to express their views on society including the
relationships of atheism and religious faith to the common good.
Legislation
The Racial
Discrimination Act 1975 s. 18c currently provides as follows;
Offensive behaviour because
of race, colour or national or ethnic origin
(1) It is unlawful for a person
to do an act, otherwise than in private, if:
(a) the act is reasonably likely,
in all the circumstances, to offend, insult, humiliate or intimidate another person
or a group of people; and
(b) the act is done because of
the race, colour or national or ethnic origin of the other person or of some or
all of the people in the group.
The Mischief
While the
objective of this legislation is laudable, there have been instances of
mischievous and vexatious cases brought to the courts in relation to sections
18 of the Racial Discrimination Act (“the Act’). While the courts have taken a pragmatic
approach to the interpretation of the legislation and they have dismissed what
might be considered to be frivolous and vexatious litigation, people of race,
colour or national or ethnic origin should feel physically and socially safe
and unthreatened nonetheless.
To a certain
extent, the legislation under review seeks to achieve this. In no way should racism be tolerated and, so
to whatever extent necessary, the law should ensure that.
Position of Sydney
Sydney Atheists
understand that some religious groups are seeking to be included in Section 18C
(1) (b).
Sydney Atheists
consider that there should be no changes to Section 18C (1) (b). We fully
endorse the right of individuals or groups to criticise ideas, ideals,
philosophies, doctrines and of course religions. We see religions as a subset of
ideals, philosophies and doctrines. They are alterable in the minds of
adherents. Furthermore, it is our view that most, if not all religions, and
their adherents consider competing ones to be inferior to the one that they
follow. No religion is universally deemed to have any higher authority than
other competing ones.
As a result,
religions deserve no more respect than any other ideas, ideals, philosophies or
doctrines. They should NOT be protected in the way that people of race, colour
or national or ethnic origin are protected. Indeed, society should be free to
expose beliefs as inappropriate or indeed fraudulent.
Yours sincerely,
Steve Marton on
behalf of the Committee of Sydney Atheists
0450 123 211
moralmovement@gmail.com
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