Australia pushed to introduce 'positive duty' on racism

Researchers ask for 'more proactive prevention and accountability' in addressing racism in the workplace

Australia pushed to introduce 'positive duty' on racism

The Australian government is being urged to introduce a "positive duty" obligation that can cover racism in the workplace, as the country marks NAIDOC Week in July.

Researchers from the Centre for Indigenous People and Work (CIPW) at the University of Technology Sydney made the call as they stressed the need for "more proactive prevention and accountability" when it comes to racism in the workplace.

"That's why our Centre for Indigenous People and Work, along with others including the federal race discrimination commissioner, have called for racism to be treated as seriously as sexism under the law," they said in an article for The Conversation.

The Australian government has introduced the legal "positive duty" on employers to take proactive measures to eliminate workplace sex discrimination, sexual harassment, and related victimisation since December 2022.

"So far, there has been little movement on bringing in a similar duty on racism," the CIPW researchers said in their article. "But we are hopeful the current inquiry on racism against Aboriginal and Torres Strait Islander people will consider whether this could make a difference."

The researchers were referring to the ongoing parliamentary inquiry into racism, hate, and violence directed at Aboriginal and Torres Strait Islander people, which is currently holding hearings around Australia for at least another month.

The inquiry received almost 600 submissions, and came in the wake of an attempted bombing of an Invasion/Survival Day rally in Boorloo/Perth on January 26.

'Widespread' racism in workplaces

The inquiry also comes after a recent report from the CIPW earlier this year revealed that racism remains "widespread" in Australian workplaces.

The report found that more than half of Indigenous employees still experience racism at work, including inappropriate race-based comments and assumptions.

 

They also still experience unfair treatment (38%) and high cultural load (64%), with 25% saying they are in a culturally unsafe workplace.

According to the findings, having proper anti-racism complaint procedures and anti-discrimination training can help address racism in the workplace.

It also highlighted the importance of having Reconciliation Action Plans (RAPs), where half of Indigenous workers in RAP organisations rarely or never experience racism.

RAP organisations are also more likely to have stronger career pathways for Indigenous employees, as well as an anti-racism complaints process and training. They are also more likely to have reduced burdens of unpaid cultural labour.

"RAPs are not a silver bullet. But they do provide structure and accountability for organisations. That makes them one of the most practical tools we have to drive change in workplaces," the researchers said. "For employers, expanding the reach, quality, and ambition of RAPs is one of the most effective ways to build fairer, more inclusive workplaces." 

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