Australia’s Human Rights Scorecard: Australia’s 2020 United Nations UPR NGO Coalition Report

UPR – Australian NGO Coalition Submission – domestic publication version – July 2020

Aleph Melbourne is a signatory to the sections of this report that address sexual orientation, gender identity and expression, and sex characteristics (SOGIESC).


SEXUAL ORIENTATION, GENDER IDENTITY AND EXPRESSION, AND SEX CHARACTERISTICS 

Since 2016, Australia has recognised marriages between two people regardless of gender.52 States have amended laws to make it easier for legal gender to be changed,53 to allow adoption by couples regardless of gender,54 and to expunge convictions for historical homosexual offences.55 Some states may soon prevent so-called ‘conversion’ practices which seek to eliminate or suppress the affirmation of lesbian, gay, bisexual and transgender identities.56

Despite such reforms (and sometimes accompanying them57), discrimination, harassment and violence on the grounds of sexual orientation, gender identity and expression, and bodily variations in sex characteristics, remain prevalent.58 

Within 18 months, Australia must: 

  • advance reforms in remaining states which impose unjust hurdles (including requirements for surgery) on people seeking official identity documents reflecting their gender;59 
  • implement recommendations on ending harmful practices (including forced and coercive medical interventions) to ensure the bodily integrity of children with intersex variations;60 
  • ensure access to redress, independent affirmative peer support and psychosocial support for people with intersex variations and their families;61 
  • capture SOGIESC data62 in its 2021 national census and other significant collections to provide a robust evidence-base for future public policy and government interventions; and 
  • implement effective measures to reduce SOGIESC-based bullying, harassment and violence, particularly targeted at youth.63 

EQUALITY AND NON-DISCRIMINATION 

Australia protects against discrimination through multiple inconsistent and overly technical anti-discrimination legislation. Australia’s piecemeal approach does not provide remedies for intersectional discrimination, and creates significant exceptions and barriers to individuals bringing complaints. 

Australia must enact a comprehensive Equality Act that addresses all prohibited grounds of discrimination, promotes substantive equality and provides effective remedies, including against systemic and intersectional discrimination. 

Religious discrimination is not currently addressed by standalone federal discrimination law. In 2019 the federal government released a draft Religious Discrimination Bill. The proposed Bill goes far beyond protecting against religious discrimination and provides people and faith-based institutions with a licence to discriminate on religious grounds, including when delivering healthcare. The Bill privileges religious views over patient health needs, and removes existing anti-discrimination protections, including for women, people with disabilities, SOGIESC, and people from minority faiths. 

Australia must not enact the proposed Religious Discrimination Bill. 


UPR-Australian-NGO-Coalition-Submission-domestic-publication-version-July-2020

Melbourne Synagogue Distances Itself From Vile Remarks | Star Observer

Strengthening our community, not virtue signalling | AJN

On July 3 2020 the Australian Jewish News published an opinion piece by Michael Barnett from Aleph Melbourne addressing in part some concerns from a May 15 AJN opinion piece criticising the Zionist Federation of Australia for participating in Pride March.

JNMEL_A_03072020_015

ajn-20200515-p14-Concern-over-Zionist-leaderships-lilt-to-the-left

Voice, Treaty, Truth – Jewish organisations reaffirm support for First Nations Australians

Voice, Treaty, Truth – Jewish organisations reaffirm support for First Nations Australians from the heart

We recognise the deep moral and political significance of the Uluru Statement from the Heart in our own hearts.

Jews have also experienced the deep silence that follows atrocity and genocide, the experience of being abandoned by humanity, the struggle for recognition of confronting truths, and the tormenting powerlessness of not being heard.

In this year of 2020, which marks the 250th anniversary of the arrival of the British in Australia and dispossession of its original inhabitants, it is very important to recognise how much work and structural change is still needed to heal the relationship between Indigenous and non-Indigenous Australians. The health crisis this year in Australia is but one of many issues that highlight the continuing vulnerability and powerlessness of First Nations in their own country.

We reaffirm our full-hearted support for:

  • amendment of the Commonwealth of Australia Constitution Act to enshrine a First Nations Voice in the Constitution;
  • establishment by legislation or letters patent of a Makarrata Commission to oversee a process of truth-telling about our history as a path to reconciliation between First Nations and other Australians and to oversee the making of agreements between First Nations and Federal and State governments.

Despite what has happened over the past 250 years, the First Nations of Australia have shown great dignity, patience, tenacity and generosity of spirit, inviting all Australians to walk with them to create a fuller expression of our shared nationhood.

We accept the invitation of the Uluru Statement from the Heart with gratitude and pledge to work with First Nations, all Federal and State politicians, local and city authorities, religious, ethnic and civil society organisations, business leaders and our fellow citizens in moving together towards a better future.

All Australian Jewish organisations are invited to declare their support for this statement during 2020 and the following have done so as at 27 May 2020, the 53rd anniversary of the 1967 Referendum and three years after the release of the Uluru Statement from the Heart:

ALEPH Melbourne, Ameinu Australia, Australian Union of Jewish Students, Betar Australia, Emanuel Synagogue, Habonim Dror Australia, Hashomer Hatzair Australia, Inner West Chavura, Jewish Labour Bund, Jewish Voices for Peace & Justice (NSW), Jewish Lesbian Group of Victoria, Jews for Refugees (Victoria), Kehilat Nitzan, Meretz Australia, Music for Refugees, Netzer Australia, NIF Australia, North Shore Temple Emanuel, NSW Jewish Board of Deputies, Progressive Judaism Victoria, SKIF, StandUp

View statement PDF here.

20200604-Voice-Treaty-Truth-Jews-support-First-Nations-Australia

FACEBOOK

Voice, Treaty, Truth – Jews support First Nations Australia

MEDIA COVERAGE

Melbourne Jewish radio J-AIR finds March 30 broadcast was “contrary to Australian law” and “vilified members of the homosexual (and LGBTIQ+) community”

On May 5 2020 Melbourne’s Jewish radio station J-AIR published the findings of their inquiry into the March 30 2020 incident where they aired an interview stating “the pandemic is an exact designer drug … that will remove … problems … in the form of homosexuality and gays”.

The publication of these findings follow an unreserved apology from the station on April 2 2020.

J-AIR COMPLAINTS COMMITTEE FINDINGS

Approved Committee of Management on May 1 2020

Published results of J-AIR inquiry (forwarded to Michael Barnett via email on 5 May 2020).

1) The J-AIR complaints resolution committee, comprising J-AIR radio’s executive committtee, inquired into comments by Rabbi Mendel Kessin on The Tamar Yonah Show (30 March 2020) broadcast and podcast by J-AIR. Rabbi Kessin’s comment were originally aired on 24 March on the INTR program The Mystical Meaning of the Coronavirus with Rabbi Mendel Kessin. The complaints resolution committee found Rabbi Kassin’s comments were contrary to Australian law in that they vilified members of the homosexual (and LGBTIQ+) community.
2) An unreserved apology was issued immediately to the homosexual (and LGBTIQ+) community via Michael Barnett, who wrote about the TYS broadcast on the Aleph.org website on 4 April. The apology was distributed to The Australian Jewish News, J-Wire, JMedia and J-AIR’s Facebook group and page.
3) The apology was posted on the landing page of J-AIR’s website (j-air.com.au) and the apology in audio form was broadcast for several days following the original broadcast.
4) Michael Barnett, who brought the TYS broadcast to J-AIR’s attention, was engaged by telephone by the J-AIR assistant station manager.
5) Tamar Yonah was contacted for her comment. She noted in part: “Israel News Talk Radio is an Israeli Jewish station based on Torah values. We have on a variety of guests including rabbis who express different opinions on current or historical/biblical issues. Guests and listeners may, and do, hold very diverse views. Our live shows offer listeners to call in and agree, disagree, ask a question, or make a comment. Live talk-radio is very dynamic and is not a closed forum, and knowing that people express very diverse views, we have a disclaimer on our site stating that the many different views and opinions expressed on INTR do not necessarily reflect the official policy or position of Israel News Talk Radio or its staff.”
J-AIR carries a similar disclaimer hourly.
6) J-AIR will begin an updated education program for all presenters about Australian vilification laws, and advise them to remind guests before interviews to be wary of what they say.
7) Tamar Yonah has requested her program be replaced by other programs from INTR. J-AIR’s programming committee is looking into replacement programs.

Aleph Melbourne is pleased to hear that J-AIR are reinforcing anti-vilification requirements to their presenters, and also that the station is replacing the problematic Tamar Yonah Show syndication with alternative content.


Related coverage

Melbourne radio station J-AIR replaces program after homophobic broadcast | OUTinPerth

Jewish community submissions to Inquiry into Anti-Vilification Protections

Aleph Melbourne, together with other Jewish Community organisations, have provided submissions to the Victorian Government Inquiry into Anti-Vilification Protections.

Details of the inquiry, along with links to the submissions, are presented here.


Terms of Reference

Received from the Legislative Assembly on 12 September 2019:

An inquiry into current anti-vilification laws, their possible expansion, and/or extension of protections beyond existing classes to the Legal and Social Issues Committee for consideration and report no later than 1 September 2020.

The Committee should consider: 

1) The effectiveness of the operation of the Racial and Religious Tolerance Act 2001 (the Act) in delivering upon its purposes;
2) The success or otherwise of enforcement of the Act, and the appropriateness of sanctions in delivering upon the Act’s purposes;
3) Interaction between the Act and other state and Commonwealth legislation;
4) Comparisons in the operation of the Victorian Act with legislation in other jurisdictions;
5) The role of state legislation in addressing online vilification.
6) The effectiveness of current approaches to law enforcement in addressing online offending.
7) Any evidence of increasing vilification and hate conduct in Victoria;
8) Possible extension of protections or expansion of protection to classes of people not currently protected under the existing Act;
9) Any work underway to engage with social media and technology companies to protect Victorians from vilification.

Terms of Reference – Inquiry into Anti-Vilification Protections


Submissions

The following submissions have been accepted by the Committee:

# 26. Jewish Community Council of Victoria
# 38. Online Hate Prevention Institute [supplementary submission]
# 55. Australian Jewish Association [supplementary submission]
# 57. Union for Progressive Judaism
# 58. Aleph Melbourne [supplementary submission]


Hearings and Transcripts

 Past Hearings:

Tuesday, 25 February 2020
Meeting room G.1, 55 St Andrews Place, East Melbourne

TimeWitnessTranscript
12:45pmJewish Community Council of Victoria
Jennifer Huppert, President
 Transcript

Wednesday, 27 May 2020
Meeting room G.6, 55 St Andrews Place, East Melbourne and via videoconference

TimeWitnessTranscript
1:30pmAustalian Jewish Association
Dr David Adler, President
Ted Lapkin, Executive Director
 Transcript

Wednesday, 24 June 2020
Meeting room G.6, 55 St Andrews Place, East Melbourne and via videoconference

TimeWitnessTranscript
11:20amUnion for Progressive JudaismTranscript

Tuesday, 25 June 2020
Meeting room G.6, 55 St Andrews Place, East Melbourne and via videoconference

TimeWitnessTranscript
12:50pmExecutive Council of Australian JewryTranscript

JCCV policy changes strengthen support for LGBTIQ+ people and people living with HIV

JCCV

At their 2019 Annual General Meeting the Jewish Community Council of Victoria passed an amendment to their Policy Platform, in response to feedback from Aleph Melbourne and others, strengthening support for a range of groups including LGBTIQ+ people and people living with HIV.

The relevant changes, as detailed in the Agenda of the AGM, are outlined here:

14. Amendment to the JCCV Policy Platform 

Proposed Resolution: 
That Paragraph 3.7.4 of the JCCV Policy Platform be amended as shown in mark up: 

Respect
3.7.4 
CALLS FOR abstention from any public or private conduct that incites hatred against, serious contempt for, revulsion, vilification or severe ridicule of, another person or group on the ground of their identity (including race, religion, colour, disability, sexual orientation, gender identity/expression, sex characteristics, HIV/AIDS status, descent or and national, ethnic or ethno-religious origin) or the lawfully held views or personal medical decisions of that other person or group. 

Note: the marked-up changes appear to have inadvertently removed the characteristic “gender”. Aleph Melbourne has raised this concern to the attention of the JCCV.

This amendment significantly builds on the ground-breaking 2010 reform where the JCCV added “sexual orientation” to their Policy Platform, and follows on from the (previously passed) changes the Executive Council of Australian Jewry made to their Policy Platform.


20191118-JCCV-AGM-Agenda