Australia finds itself at a familiar and troubling crossroads, poised to enact hastily prepared hate speech legislation while simultaneously launching a royal commission into anti-Semitism. This dual approach, aimed at strengthening social cohesion, risks repeating the failures of a similar national inquiry conducted over three decades ago.
Echoes of 1991: A Pattern of Inaction
The current push mirrors a national inquiry into racist violence held in 1991. Triggered by attacks on Arab and Muslim communities, Asian immigrants, and Indigenous Australians, that investigation produced comprehensive recommendations. According to Professor Andrew Jakubowicz, a sociology expert from the University of Technology Sydney who consulted on the 1991 inquiry, the outcomes were mixed at best.
"We did an awesome job of finding out what our problems were. We did a terrible job of acting on recommendations," is the blunt assessment shared by commentators today. The most significant legislative outcome was the Racial Hatred Act of 1995, an amendment to the Racial Discrimination Act. Notably, proposed criminal sanctions for race-hate speech were stripped from the bill after opposition from the Coalition and crossbench senators.
Jakubowicz argues the inquiry highlighted systemic issues, including stereotypical media reporting and a lack of journalists from diverse backgrounds, which led to a public seriously under-informed about minority experiences. He stresses that diverse experiences must be "institutionalised as part of the decision making framework for our society."
The Drivers of Racism and a Path Forward
Race Discrimination Commissioner Giri Sivaraman provides a clear analysis of what fuels racism in Australia. "Racism is driven by prejudice, hatred, and ideas of superiority. It's everywhere, from our streets to workplaces," he states. He emphasises that racism is more than interpersonal slurs; it is structural, upheld by power embedded in institutions, laws, and policies.
"Global conflicts, like the war in Gaza, and the way they are reflected by media and politicians, can spark tensions here, causing divisions or adding fuel to existing hate," Sivaraman adds. He points to the National Anti-Racism Framework launched by the Australian Human Rights Commission in 2024 as a critical tool for a whole-of-society approach. The framework outlines practical steps for governments, businesses, and communities to prevent racism and build a culture of respect.
However, the shadow of past inaction looms large. Sivaraman notes that after the 1991 inquiry into racist violence and the Royal Commission into Aboriginal Deaths in Custody, "decades later, much remains unaddressed." Structural barriers persist, and many proposals are unrealised.
A Call for Comprehensive Action, Not Piecemeal Solutions
There is a growing argument that a singular focus, such as a royal commission into anti-Semitism, may be insufficient. Critics suggest a broader examination of racism and bigotry in all its forms is needed. This perspective notes that other profound issues, such as the ongoing crisis of First Nations deaths in custody or violence against women, have not prompted similar high-level inquiries.
Compounding the current situation is a confusing international stance. Australia still holds a reservation on Article 4a of the UN Convention on Racial Discrimination, which concerns the prohibition of racist propaganda and organisations. Experts argue this reservation must be formally withdrawn to demonstrate a serious commitment to combating race hate. Intriguingly, the government appears to have incorporated elements of this same article into its new hate speech bill without publicly changing its international position.
The urgency for effective action is underscored by data: racial discrimination complaints to the Australian Human Rights Commission surged by 28% in the 2024-25 period. As Australia embarks on this latest attempt to legislate against hate and understand intolerance, the central question remains: will we finally learn from history, or are we doomed to repeat it?
