Inquiry into Multiculturalism in Australia

Australian Human Rights Commission Submission to the Joint Standing Committee on Migration

29 April 2011

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Table of Contents

• 1 Introduction
• 2 Recommendations
• 3 Multiculturalism, social inclusion and
  human rights
• 4 Settlement and participation
• 5 National productive capacity

1 Introduction

1. The Australian Human Rights Commission makes this submission to the Joint
   Standing Committee on Migration in its Inquiry into Multiculturalism in
   Australia.

2. The Commission welcomes the release of Australia’s Multicultural
   Policy in February 2011 and the commitment of the Australian Government to
   recognise and maximise the positive effects of migration in Australia, of which
   there are many.

3. The Commission recognises the contribution of the diaspora community (in
   Australia and abroad) to Australia’s relationships with Europe, the Middle
   East and the immediate Asia-Pacific region and the role migration has played and
   in Australia’s long term productive capacity.

4. The Commission also recognises the important contribution of Aboriginal and
   Torres Strait Islander peoples and their cultures to the fabric of the
   Australian nation. We note that reconciliation and multiculturalism are mutually
   reinforcing policies that operate in tandem in celebrating the diversity and
   cultural richness of Australia.

5. While recognising the importance of reconciliation, this submission focuses
   on issues relating to migrants and refugees.

6. This submission also considers the types of initiatives that encourage the
   long term integration into Australian society of migrants and refugees and that
   encourage the full utilisation in Australia of the skills of migrants.

2 Recommendations

7. The Australian Human Rights Commission
   recommends:

   Recommendation 1:
   
   
   
   That the Social Inclusion Board:
   
   

   • include appropriate membership from culturally and linguistically diverse
     communities to ensure that issues facing communities that are marginalised and
     suffer discrimination are addressed in the social inclusion policy process;
   • formalise strategic relationships with peak organisations including the
     Australian Human Rights Commission, Australian Multicultural Council, Federation
     of Ethnic Communities Council of Australia, National Congress of
     Australia’s First Peoples, Refugee Council of Australia and Settlement
     Council of Australia to ensure a coordinated and holistic approach to social
     inclusion, multiculturalism and reconciliation; and
   • conduct strategic research and disaggregated data collection by ethnicity
     and gender, in relation to culturally and linguistically diverse communities'
     access to health, housing, education, legal and employment services including
     experiences of racial discrimination.

   Recommendation 2:
   
   
   
   That the Charter of Public Service in a Culturally and Linguistically
   Diverse Australia be reviewed with reference to the Social Inclusion Agenda,
   Australian Human Rights Framework and Australia’s Multicultural Policy.
   Particular attention should be given to compliance measures within Government
   and the need for publicly funded services by non-government organisations.
   
   
   
   Recommendation 3:
   
   
   
   That further consideration be given to the type, amount and timing of
   information and services provided to migrants and refugees on their arrival.
   
   
   
   Recommendation 4:
   
   
   
   That the Federal Government consider funding the Department of Education,
   Employment and Workplace Relations to develop a national employment strategy for
   people from culturally and linguistically diverse communities, which should
   address their key employment exclusion points including a lack of recognition of
   overseas qualifications, work experience opportunities in Australia and support
   services for finding, applying and retaining jobs.

3 Multiculturalism,
social inclusion and human rights

8. The Commission sees multiculturalism as critical for advancing the promotion
   and protection of human rights in Australia. Multicultural policy should clearly
   state the rights of migrants and refugees to live free from discrimination and
   to enjoy equality before the law as part of the wider Australian community.

9. The Commission also sees multiculturalism as having an important role to
   play in advancing the Federal Government's social inclusion agenda. Both of
   these policy frameworks should be advanced in a coordinated manner.

10. On 27 August 2010, the UN Committee on the Elimination of Racial
    Discrimination released its Concluding Observations on Australia’s
    compliance with the International Convention on the Elimination of All Forms
    of Racial Discrimination and recommended that the Government should
    ‘strengthen the race and cultural dimensions of its Social Inclusion
    Agenda’^[1]. The Commission
    agrees with this recommendation.

11. Social inclusion has been described by the Social Inclusion Board as
    requiring that ‘all Australians will have the resources, opportunities and
    capability to... have a voice in influencing decisions that affect
    them’^[2].

12. At present, social inclusion policies tend to focus on socio-economic
    disadvantage. The Australian Public Services’ Social Inclusion Toolkit
    identifies priority groups for social inclusion policies as people who are
    homeless, children at risk of long term disadvantage, Indigenous Australians,
    people living with mental illness or disability, communities experiencing
    concentrations of disadvantage and exclusion, jobless families and low-skilled
    adults. It identifies vulnerable new arrivals and refugees as one
    ‘at-risk’ group that requires
    attention.^[3]

13. While this captures some groups who are particularly marginalised based on
    their race or ethnic background, it does not adequately address disadvantage
    that results from discrimination on the grounds of race, religion, country of
    origin or citizenship status as well as, gender, disability and age. There is no
    specific or identified priority that expressly focuses on the disadvantage of
    ethnic minorities in Australia.

14. The Australian Social Inclusion Board has acknowledged that there is a
    ‘critical link between discrimination and social exclusion and the need to
    include experiences of discrimination as an indicator of social
    inclusion/exclusion.’^[4] What
    needs to occur is to articulate this link and ensure that it is explicitly
    addressed in formulating policies to advance social inclusion.

15. The 2010 Scanlon Report on Social Cohesion found that 95 percent of
    participants expressed a strong sense of belonging to Australia, 90 percent took
    great pride in the Australian way of life and 91 percent believed that
    maintaining the Australian way of life and culture is important. However, 14
    percent of those participants also reported experiencing discrimination because
    of their skin colour, ethnic origin or religion, an increase from 9 percent and
    10 percent in 2007 and 2009,
    respectively^[5].

16. This is a clear example of how multiculturalism and social inclusion are
    inextricably linked. Social inclusion should not involve a dominant or
    mainstream culture in to which others should be subsumed, but should recognise
    the difference between cultures and aim to encourage the equal and
    non-discriminatory participation of each individual.

17. The Commission notes that there is currently a lack of coordination between
    many government and non-government services in relation to social inclusion and
    multiculturalism. The Social Inclusion Board, as the primary advisory body on
    this policy, should form relationships with relevant organisations in the
    multicultural field in order to ensure an integrated response across sectors.

18. The Commission also notes that as part of Australia’s Multicultural
    Policy, a National Anti-Racism Partnership and Strategy is to be developed. This
    partnership includes the Commission, and specifically the Race Discrimination
    Commissioner. The Commission appreciates the opportunity to be involved as one
    of five partners in this project and intends to engage with the Social Inclusion
    Board as the project develops.

    Recommendation 1:
    
    
    
    That the Social Inclusion Board:
    
    

    • include appropriate membership from culturally and linguistically diverse
      communities to ensure that issues facing communities that are marginalised and
      suffer discrimination have a voice in the social inclusion policy
      process;

    • formalise strategic relationships with peak organisations including the
      Australian Human Rights Commission, Australian Multicultural Council, Federation
      of Ethnic Communities Council of Australia, National Congress of
      Australia’s First Peoples, Refugee Council of Australia and Settlement
      Council of Australia to ensure a coordinated and holistic approach to social
      inclusion, multiculturalism and reconciliation; and

    • conduct strategic research and disaggregated data collection by ethnicity
      and gender, in relation to culturally and linguistically diverse communities
      access to health, housing, education, legal and employment services including
      experiences of racial discrimination.

4 Settlement and
participation

19. This section recommends initiatives to ensure that culturally diverse
    communities can fully participate in Australian society.

20. Migrants face unique barriers to participation and access to services that
    facilitate settlement. These barriers take many forms: lingual, digital,
    locational and cultural in a number of key areas including health, education,
    housing and the justice system.

21. In order for information and services to be genuinely accessible, they must
    cater to the diversity and complexity within culturally and linguistically
    diverse communities. This means information and services should allow for
    language and cultural diversity through the provision of translated materials,
    interpreters, bilingual service workers as well as innovative and culturally
    appropriate service delivery (considering child care responsibilities of migrant
    and refugee women, for example).

    Recommendations 2:
    
    
    
    That the Charter of Public Service in a Culturally and Linguistically
    Diverse Australia be reviewed with reference to the Social Inclusion Agenda,
    Australian Human Rights Framework and Australia’s Multicultural Policy.
    Particular attention should be given to compliance measures within Government
    and the need for publicly funded services by non-government
    organisations.

22. Service provision specific to culturally and linguistically diverse
    communities is currently offered for limited periods of time following their
    arrival in Australia. For example, under the Integrated Humanitarian Settlement
    Strategy, those eligible can receive intensive settlement assistance for the
    first six months after arrival.

23. However, settlement can be a lifelong
    process,^[6]with migrants and refugees
    often experiencing ‘information overload’ in the initial period
    following arrival^[7]and requiring
    information to be provided to them over an extended period of time.
    
    
    
    Recommendation 3:
    
    
    
    That further consideration be given to the type, amount, and timing of
    information and services provided to migrants and refugees on their
    arrival.

24. Traditionally, programs have focused on raising awareness of systems and
    services within migrant and refugee communities. However, there is also a clear
    need for greater education amongst the Australian public. The Challenging Racism
    project found that 84 percent of people believed that there is racism in
    Australia. 12 percent of the 12,512 participants acknowledged that they were
    prejudiced against other cultures.^[8]

25. Accordingly, facilitating a greater understanding of and respect for
    cultural difference across key service providers, in schools and in the broader
    Australian public is critical to eradicating discrimination.

5 National productive capacity

26. Gainful employment is one of the most crucial ways in which members of
    culturally and linguistically diverse communities can be empowered and included
    in the community. The financial benefits gained from employment can facilitate
    access to other essential services such as health, housing, education and legal,
    while the mental benefits of dignity and self-confidence provide a sense of
    well-being, participation and belonging.

27. People from culturally and linguistically diverse backgrounds bring with
    them considerable professional and vocational skills, qualifications and
    experience and are eager to make a positive contribution to their new
    home.^[9] However, they continue to
    experience unemployment and underemployment at disproportionate levels as their
    skills and experience fail to be recognised in
    Australia.^[10]

28. This not only represents a barrier to culturally and linguistically diverse
    communities, but also represents an underutilisation of skills and resources and
    economic loss for the Australian labour market, particularly in the context of
    Australia’s aging population. There is a clear need to maximise full
    participation of the multicultural community in the labour market, as labour
    market predictions^[11] show that
    Australia will be highly reliant on migrant labour into the future.

29. At present, many qualified migrants and refugees take up positions as
    factory hands, taxi drivers or cleaners because of the cost and time of bridging
    courses, professional examinations, assessment and accreditation of prior
    learning^[12] and administration
    associated with having an overseas qualification recognised.

30. Most Australian employers will require relevant work experience before
    hiring a prospective candidate. However, members of culturally and
    linguistically diverse communities often have difficulty finding opportunities
    to gain first-hand work experience and knowledge of the industry and develop
    networks. Initiatives should be put in place, such as financial and other
    incentive schemes, to encourage employers to take on migrants and refugees as
    apprentices and trainees.

31. One of the most pressing issues for culturally and linguistically diverse
    communities is a lack of employment systems knowledge and support. In
    particular, information and support is required for finding jobs (including
    information about job services organisations and how to use them), applying for
    jobs, writing resumes and being interviewed. There should also be information
    available about relevant vocational education and training programs as well as
    workers’ rights and avenues for reporting discrimination.

32. There is a need for a funded and targeted employment strategy to help engage
    culturally and linguistically diverse communities in the labour market, similar
    to strategies that the Government has introduced for other marginalised groups,
    such as the Indigenous Employment Strategy, a Disability Employment Strategy and
    the Equal Opportunity for Women in the Workplace
    Act.
    
    
    
    Recommendation 4:
    
    
    
    That the Federal Government consider funding the Department of Education,
    Employment and Workplace Relations to develop a national employment strategy for
    people from culturally and linguistically diverse communities, which should
    address their key employment exclusion points including a lack of recognition of
    overseas qualifications, work experience opportunities in Australia and support
    services for finding, applying and retaining jobs.

^[1] Committee on the Elimination of
Racial Discrimination, Seventy-seventh session, 27 August 2010, Consideration
of reports submitted by States parties under article 9 of the convention, Concluding observations of the Committee on the Elimination of Racial
Discrimination – Australia, pp.
3

^[2] Australian Government 2011, Overview of the Social Inclusion Agenda, Viewed: 27 April 2011,
http://www.socialinclusion.gov.au/SIAGENDA/Pages/Overview.aspx

^[3] Australian Government, Australian Public Service Social Inclusion policy
design and delivery toolkit, Commonwealth of Australia, Canberra 2009,
p9.

^[4] Australian Social Inclusion
Board 2010, Social Inclusion in Australia: How Australia is Faring,
Commonwealth of Australia, Canberra pp.
11

^[5] Professor Andrew Markus
2010, Mapping Social Cohesion: The Scanlon Foundation Surveys Summary Report
2010, Monash Institute for the Study of Global Movements, Victoria, pp. 13
& 17

^[6] Federation of Ethnic
Communities’ Councils of Australia, March 2011, Settlement is a
Life-Long Process:

Submission to the Department of Immigration and
Citizenship

^[7] Australian
Human Rights Commission 2010, In Our Own Words - African Australians: A
review of human rights and social inclusion issues, Sydney, pp.
24-25

^[8] Professor Kevin Dunn
2010, Challenging Racism: The Anti-Racism Research Project - National Level
Findings, University of Western Sydney, pp.
2

^[9] Australian Human Rights
Commission 2010, In Our Own Words - African Australians: A review of human
rights and social inclusion issues, Sydney, pp.
10

^[10] Refugee Council of
Australia, February 2010, Australia’s Refugee and Humanitarian Program
2010-11: Community Views on Current Challenges and Future Directions, pp.
61

^[11] Access Economics 2009, Economic modelling of skills demand, Report by Access Economics Pty
Limited for Skills Australia, Pp. 9,31,
69

^[12] Australian Human Rights
Commission 2010, In Our Own Words - African Australians: A review of human
rights and social inclusion issues, Sydney, pp. 12