Senate Legal and Constitutional Affairs Legislation Committee, , 9:40:27 to 9:46:56
The discussion shifts to concerns from Muslim community groups regarding the absence of legal consequences and enforcement standards in the government's response to Islamophobia.
Topics: Law reform, Human rights, Social cohesion
Speakers: Senator David Shoebridge, Aftab Malik, Hon Murray Watt, Unknown Speaker
Yep, I can take that on notice.
Thank you. Um do you have any explanation for why the envoy doesn't know now which are the recommendations that have been accepted? Do you have any explanation for that, Minister?
Well, what I've what I've heard the envoys say was that the government's response grouped uh responses to recommendations within four categories. So it may not uh it's a it's a long time since I've looked at the response, so I can't remember exactly, but it may be that um the response doesn't, if you like, provide an itemized list of recommendations and response, but instead recommendations that were of like nature were grouped together under particular categories.
Um I'm not entirely sure.
We'll come back to you on notice. If my answer is correct, then there's probably no need because I know you don't like waiting for answers to questions on notice.
Um there's there's there's elements of truth in in what you've said at the end there, Minister. Um the joint statement from the Alliance of Australian Muslims and the Australian National Imams Council in response to your um the government's response to your report. Um spoke about um the concerns that there was no emphasis on legal consequence standards and enforcement. Do you remember that response? And they said that that was a significant gap in the government's response. Do you what do you say to the position put by um the Alliance of Australian Muslims and the National Imams Council?
Sure. I think yeah, I can answer that. Um I think before I answer that, I think it's really important to understand where we are today. So my office is unprecedented, it does not exist anywhere in the world. There is no national obvious study published by a national government to solely tackle Islamophobia and the fact that out of the 54 recommendations the government has uh responded to 35. Uh that does not mean that I I'm resting on my laurels. There is the remaining uh responses that I'm looking for just think about to respond. And amongst the most important uh reside around legal protections because um it you cannot tackle Islamophobia uh piecemeal. It needs to be a holistic approach, and this is how I wrote my report. That um the each element that constitutes my report um is very important, but it's only by the whole that you can truly effectively um tackle the Islamophobia holistically and comprehensively.
But could you answer my question, which was about the absence of legal consequence and enforcement? That was their concern. There was no enforcement or legal consequence. Do you do you accept their position? Do you reject their position?
Well, it's it's it's a um legal protection, as I said, is part of the structural aspect of Islamophobia. I'll tell you again that Islamophobia can be tackled through education, can be tackled by it can be tackled by increasing uh uh education about Muslims in Islam, but you really need to tackle the the legal impediments. Um we need to also address the lack of legal protections that Muslims have in Australia. Which is also yep, yeah, yeah. And this is the concern that I'm working with the Australian government. This is as I mentioned, I haven't not resting on my laurels. There's 19 other recommendations that need to be addressed. And the Prime Minister at the launch, if I remember correctly, said this isn't the end of the process in the beginning. So while I'm working with uh the Office of Multicultural Affairs to go through my recommendations, I am still um participating and speaking to committee of organizations to also petition the government to explain how important the remainder recommendations are.
But but um Ms. Malik, you don't know what those 19 recommendations are that aren't being that haven't been accepted. I don't know what they are. The public doesn't know what they are, the National Imams Council doesn't know what they are because you you haven't been able to tell us today. So how how do you know what those 19 you don't know what they are?
Well, yeah, well we know well it's it's I mean it's inductive reasoning way. So the ones that um I haven't been discussing uh please can you please well then Mr.
Malik, if you if you have by a map method of deductive reasoning worked out what the 19 are, please tell them to us.
I'll have yeah, I'm more than that to you.
Which I assume by the same deductive reasons works out what the 35 are that you think have been accepted. So would you please tell us that as well?
That's how you would yeah, I'm I'm more than have to take that on notice.
And finally, Mr. Malik, and again, I I recognize the incredible difficult task in front of you. I do, and I recognize um the um the discrimination that the Muslim community is facing and what a monumental task is in front of you. And I I'm not pretending it's easy and and you know, having responses that are opaque from the government to your report only adds to the difficulties with your talk. And I don't don't hold you accountable for any of that. And I just want to acknowledge the scale of the task in front of you. Um but uh in in res concluding marks in response to the government's um partial acceptance of your report. Um the um the alliance against uh the alliance of Australian Muslims and the Australian National Imams Council said this. Muslim hate must be confronted with the same seriousness, urgency, and determination as every other form of hatred, racism, and religious discrimination. Achieving this will require clear commitments, adequate resources, effective accountability, and the timely implementation of measures that deliver real and lasting change. Do you agree with their position?
I do, and I think the statement you just summarised with this summary of my first recommendation, uh, which is confront Islamophobia with equivalent urgency to other discriminatory practice and provide it with the same rights, protection, and legal recourse. So this is my first recommendation.