OverviewThe Macedonian community, like all other immigrant populations in Australia represents a culturally unique group of people. However, the Macedonian community finds itself in a particularly unique position as compared to other minorities, as the only ethnic group in contemporary Australia to be the target of INSTITUTIONALISED RACISM at both the State and Federal Government levels. Perhaps the only other recent example of similar state initiated and supported racism was that suffered by the Aboriginal Community.
Macedonians in Australia are currently exposed to two levels of institutionalised racism.
As regards the manner in which those who originate from the Republic of Macedonia have their country of birth labelled, namely 'FYROM' (Former Yugoslav Republic of Macedonia).
The implementation by the Federal Government of an inaccurate and offensive nomenclature directive whereby the nationality of the Macedonian people has been renamed to that of 'Slav Macedonian' (Ethnicity Directive)
A third level of institutional racism was the implementation by the State Government of Victoria of an equally inaccurate and similarly offensive nomenclature directive whereby the language of the Macedonian people was renamed to that of 'Macedonian Slavonic' (Language Directive). After a legal challenge by the AMHRC and the Macedonian Teachers' Association this Directive has now been withdrawn.
Whilst all three levels of institutionalised racism have, and continue to have a detrimental effect on the Macedonian Community, the Ethnicity and in particular the Language Directive have resulted in immeasurable damage to the community as a whole.
Implications of appeal on discrimination lawAustralia is a signatory to the International Covenant on the Elimination of All Forms of Racial Discrimination. The Racial Discrimination Act 1975 (Cth) incorporates the fundamental principles of the Convention and adopts the wording in Article 1.1 of the Covenant as the basis of Section 9(1) of the Act which reads:
'It is unlawful for a person to do any act involving a distinction, exclusion, restriction or preference based on race, colour, descent or national or ethnic origin which has the purpose or effect of nullifying or impairing the recognition, enjoyment or exercise, on an equal footing, of any human right or fundamental freedom in the political, economic, social, cultural or any other field of public life'.
It is precisely this section of the Act that came under legal consideration. If leave was granted to the Victorian Government to appeal the decision of the Full Federal Court and had the High Court accepted the Government's position, there would have been a significant erosion of the protection currently provided by anti-discrimination legislation in Australia. Such an outcome would have resulted in an Applicant?s rights being eroded in comparison to the rights enjoyed by all other Australians and would further have tarnished Australia's steadily declining human rights record in the international arena.
The decision of Justice Weinberg should remain unchallenged as it clarifies the fundamental tenets of Human Rights legislation in this country. Namely, whether it is appropriate to look at the motives of the alleged discriminator in determining whether the act complained of is ?based on? a persons race, ethnicity or descent. His Honour concluded that motive was not relevant and therefore the Government?s assertions that it had benign motives in issuing the directive were irrelevant.
Had the Victorian Government been successful in the High Court it would have set a precedent allowing current and future governments to actively discriminate against certain groups in society with impunity. A finding in favour of the Government would also have established a legal defence to any future discrimination claims on the grounds that the discrimination was carried out with benevolent motives. The justification that could be provided by governments is that the discrimination is required to maintain peace and harmony within the community and it is therefore necessary for the greater good.
A win by the Victorian Government in the High Court could have established a precedent that condones distinctions made not only on race, but also gender, colour, disability, sexual preference etc.
The significance of the above is that it unequivocally demonstrates that the Victorian and Australian Governments are clearly out of step with international norms and trends in relation to Human Rights. Not only have the Victorian and Federal Governments been willing to implement a form of institutionalised racism against the Macedonian Community but have been prepared to utilise substantial sums of taxpayers' money to defend their actions.
Community EffectThe directives have had a detrimental impact upon all members of the Australian Macedonian community. For example, in relation to the language directive, students and teachers involved in Macedonian language programs in State Schools have experienced unprecedented examination and VCE certification problems, the likes of which have never appeared in multicultural education.
Both directives have permeated all State and Federal Government Departments which offer services to the Australian Macedonian community particularly, Human Services, Welfare, Health and services for the Aged and Disabled.
In renaming the Macedonian language and ethnicity the Victorian and Australian Governments have marginalised the Australian Macedonian community. This has had an overall demoralising effect on the community and has eroded the foundations upon which multiculturalism has successfully thrived in Australia.
The directives have acted as a psychological trigger for trans-generational trauma within the Macedonian community. This occurs when trauma is not worked through at the time that it occurs and is actually internalised and passed down to the following generation. Macedonians originate from a divided homeland and many have experienced war, death, familial separation and displacement before migrating to Australia. The Macedonian Teachers Association of Victoria sought the help of a trauma psychologist who specialises in trans-generational trauma and has worked with families of Vietnam War Veterans. He assisted the teachers in working through the workplace discrimination issues and provided suggestions for dealing with students who were internalising the institutional racism as it impacted on their lives via the education system.
The Macedonian Teachers Association have made their concerns known to the Victorian Multicultural Commission and have requested government assistance for the Macedonian community in terms of dealing with the trans-generational trauma within the community. However, given the current actions of both the State and Federal Government?s in reinforcing the triggers for trans-generational trauma it is unlikely any help will be forthcoming.
In a practical sense, the Directives have resulted in a loss of resources to the Macedonian Community as funding was tied to mandatory applications being lodged in the form of 'Slav Macedonian' and 'Macedonian (Slavonic)'. |
