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Australian Human Rights Commission Investigates Racial Discrimination Complaint Against NSW Multicultural Minister

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Australian Human Rights Commission Investigates Racial Discrimination Complaint Against NSW Minister and Department

The Australian Human Rights Commission is investigating a complaint against New South Wales (NSW) multiculturalism minister Steve Kamper and his department, Multicultural NSW. The complaint alleges racial discrimination against organizations representing South Asian Muslims and caste-oppressed Hindu communities.

The Human Rights Commission accepted the complaint for investigation last month, deeming the alleged conduct "reasonably arguable" as unlawful discrimination.

The complaint was lodged in December by the Alliance Against Islamophobia and the Periyar Ambedkar Thoughts Circle of Australia (Patca).

Allegations of Discrimination Unveiled

The complaint outlines several significant allegations against Minister Kamper and Multicultural NSW:

  • Failure to investigate: Kamper and Multicultural NSW are accused of failing to investigate allegations made by the complaining groups concerning the Hindu Council of Australia.
  • Minimizing concerns: The complaint states that concerns raised by Muslim and caste-oppressed communities were minimized.
  • Continued endorsement: Despite being informed that a complaint had been accepted against the Hindu Council of Australia, Kamper and Multicultural NSW allegedly continued to endorse the Hindu Council's position on the NSW Faith Affairs Council.
  • Failure to meet leaders: There was a reported failure to meet with community leaders to address incidents of caste-based discrimination and harassment, which are linked to Hindu nationalist ideology.
  • Omission in reports: Multicultural NSW's 2023 and 2024 state of community relations reports are criticized for omitting references to caste-based discrimination and Hindu nationalist extremism.

In a separate but related complaint, the Alliance Against Islamophobia also alleged that the Hindu Council of Australia engaged in repeated instances of Islamophobia in social media posts.

Responses from Involved Parties

Surinder Jain, a spokesperson for the Hindu Council of Australia, firmly stated that the organization is not against any community or faith group and does not promote or engage in discrimination. Jain also asserted that the complaint provided no reason for the HCA to be removed from its public role on the NSW Faith Affairs Council.

A spokesperson for Minister Kamper acknowledged the complaint, emphasizing that the NSW government is committed to ensuring all communities feel respected and supported, and that discrimination has no place in NSW. The spokesperson added that Multicultural NSW has met with the complaining organization on multiple occasions to discuss their concerns.

Commission's Mandate and Process

The Human Rights Commission's acceptance of the complaint pertains to a potential breach of section nine of the Racial Discrimination Act. This section addresses exclusion, restriction, or preference based on race, color, descent, or national or ethnic origin.

However, the commission did not accept the allegation of a breach of section 18C (racial hatred) due to insufficient information for a reasonably arguable claim.

The commission can facilitate a conciliation process between parties to resolve the complaint, but it does not determine whether unlawful discrimination occurred.

If a resolution is not reached through conciliation, complainants have the option to pursue further action in the federal or circuit court.