Racism in Australia and Indigenous Players
Discuss about the Managing Expectations and Policy Responses.
Discrimination is treating people differently due to their differences in gender, racial background, geographical condition and discrimination all pervasive. There have always been debates about the existence of discrimination in sports because it is not an easy task to accept that there is discrimination which is impeding the reputation of a country (Reeves, Ponsford and Gorman 2015). The question is, whether there is discrimination. Australia is a land of sports where people of different cultural original, race and colour come to play the game and represent the country in international forum. Before talking about the laws that are place, it is important to acknowledge that there is discrimination where sportsmen are not treated equally and they are differentiated not based on their talent but other external factors. It is most likely to assume that the Australian team is a cultural mix where the teams have the ability to imbibe differences and come together as a team cheered by millions across the globe (Oliver and Lusted 2015). A team should have the potential to overcome intolerance of any kind and they should have the ability to include differences in their team. Though there has been overt racial discrimination in sports in Australia, there has been significant reduction in that since laws have been made in that respect. The significant reduction in hostile behavior has been due to the stringent laws in place that aim to penalize any one passing racist remarks. Team mates have been sneered and jeered for being different from others due to the colour of their skin or the surname, on which they have no control (Kilvington and Price 2017). There are many statutes and regulations in place that prevent fellow team mates to expressly and openly pass racist views. There are strong laws against discrimination which have been administered by the Human Rights and Equal Opportunity Commission, which is a federal administrative structure, and the regulations are binding on all the players within the state and the territory of Australia. The Human Rights and Equal Opportunity Commission is for maintaining harmony in the society because discrimination based on racial origin is against human rights and a violation of basic human rights (McCabe et al 2016). A sport is a team effort where everyone has to be in amicable terms to make the best of the team and maximize performance. Therefore, making blatant racist remarks will impede the performance of the team and as a result, the country will lag behind in the international arena.
Gender Discrimination in Sports
Racism has been prevalent in Australia where the aboriginals and the indigenous people have not be able to play up to their potential and they have been made to exclude themselves from the sporting events. An example of such discrimination of a player for his indigenous background is Eddie Gilbert. Eddie Gilbert was excluded from his team, even though he had exemplary performance in the preceding years due to his indigenous background. Eddie Gilbert was not given high honors because he belonged to an indigenous background, which goes on to show that Australia has always been discriminative against people (Merga and Booth 2017). Another example of discrimination against a player was in the case of Doug Nicholls who was rejected because it was accused that “he smelled”. Initially, there was a sense of dominance that the natives of Australia felt and they felt entitled to their position of supremacy that made them look down upon people who were different and they felt their superior need to dominate culturally lower people. Though the discrimination was rampant and going on, the first ever complaint that was lodged against racial abuse was by Essendon’s Michael Long in the year 1995. The formal complaint brought to light the real issue of racial discrimination and people were made to be aware of the hostility that the players have to undergo (Baker-Lewton et al 2017). After the complaint was made the Government took effective steps to combat racial discrimination and implemented the Rule 30: A rule to Combat Racial and Religious Vilification. These vilification rules were stringent which were applied to sporting teams but with time, these vilifications started to get reduced to suburban and regional Australian football teams and then thereafter the vilification codes came the sporting code which were more uniform and had more binding effect (Daniel 2018).
In explicit ways or implied terms, women face severe barriers to participating in sports and this creates an impediment top their confidence and does not allow them to play up to their potential. Women are not allowed to participate in teams and that hinders their participation in any physical activity. Women are subject to various discrimination and stereotype and they are believed to be inferior to men. Not only in their own team women are made to be subject to derogatory and discriminatory statements from the press, the sporting community and the people in general. There is need for regulations that help women participate in sports and instill in them confidence, skill and also confidence (Sipe et al 2016). Women need to shatter all the gender stereotypes and play arm to arm with men and portray the worth that they have. In the early 1940s, Australia saw a rising discouragement for women which made them subject to inferiority and disparaging comments. There was significant discrimination between the boy’s team and the girl’s team as well as the men and the women’s sporting team. Women have been subject to discouraging statements like “feminine”, “weak” and their credibility is diminished. There is disparity not only in the ways the men and women are treated in sporting teams but also in the way they are rewarded for their hard work and their participation in sports. Where men are lauded for their efforts and their participation, women are not. Men are rewarded with trophies and fat pay cheques whereas women are discriminated on the rewards that are given to them. Men take home bigger trophies and women do not get the acknowledgments that are due (Dudley and Rutherglen 2017). This started to change since 2007 where it was seen that male and female winners were given equal price money. The Open Tennis Championships gave equal price money and that has set a norm for equal treatment for men and women. Since 2007, women and men have been given equal prize money in tournaments, the exception being Wimbeldon. The situation has somewhat changed as there are more women in the world arena and women have made their presence felt in the international sports world. Australian women have set the stage for women participation by winning the Olympic Games, World Championships and also Commonwealth Games. These wins are facades to hide the ugly discrimination that goes in the world. There is no denying that women are subjugated and subject to varied discrimination around the globe. There are a handful of women in the international sphere and they face various discriminations that make them fall short of being the role model they are entitled to being (Laucella et al 2017).
Legislature Against Discrimination
There are federal laws in place to protect players from discrimination. The Racial Discrimination Act 1975 was enacted to keep the rights of the sportsmen in check. The Racial Discrimination Act, 1975 was administered by HREOC which states that women should be treated equally and that shall be irrespective of the colour of their skin, their ethnic origin or their background (brown and Stone 2016). The Act aims to protect the rights of these players so that they do not have to face discrimination. The Racial Hatred Act 1995 also covers the Racial Discrimination Act, 1975 that allows people to make complaints if they are facing any racial discrimination or they have been subject to offensive or abusive behavior which has been directed at the. The aim of the Act is to strike a balance between the two competing interests. There is a need for bridging the gap between the right to express opinions freely and the right to have a life free from any abuse or trauma (majors 2017). The legislations against discrimination are territory specific and they vary from country to country but the actual crux of the legislation is to make a uniform statement against discrimination of any form. The Racial Discrimination Act. 1975 was the first legislation on discrimination which was passed by the Victorian Parliament and it sought to put out a strong statement against discrimination which is passed on any person based on their race or any such similar grounds (Agan and Starr 2017). The Act makes discrimination unlawful and tries to find ways to establish remedies for discrimination of any form. By enacting stringent laws against discrimination, it becomes become for people to report against discrimination and be vocal when something discriminating happens. More than using the legislation as a tool to preserve the sanctity of human rights, it is important to also ensure that people are deterred from making harassing statements. This Act makes the sports team vicariously liable when the team mates indulge in discrimination. Vicarious liability shall be attached to people who are indulging in passing judgments on people or discriminating against them. The representing organization, like the coaches, managers, officials who are part of the team shall be made liable. This helps in making the laws more stringent because the laws become inclusive and no one can escape liability. The idea is to make discrimination a grievous offence. The onus is on the sporting team to show that they have taken all steps in ensuring that there shall be no discrimination and that they have enacted all legislations and policies that are important to avoid liability of any type. The Act also defines racial vilification as any act or any behavior that has the potential to incite others to hate a particular group for their colour, region, descent or their ethnic or national origin. Any attempt of threatening or ridiculing any person based on their differences is an unlawful act and leads to racial discrimination which warrants penalties.
Racism is an umbrella term which includes in its ambit discrimination, harassment and vilification by one player against another player and that leads to disruption of peace and stability in the society. The definition of racism is not inclusive of words spoken to express hatred but mannerisms and behavior that hurt the sentiments of a particular class or segment of people. Racism is a very complex problem which needs proper understanding and stringent laws. The aboriginals have faced many discrimination at the hands of the players and the Australians in general. It is difficult for aboriginals to play at an international level without facing discrimination. Many courageous sportsmen have had to brave discrimination to showcase their talent at the international arena. Australian Government had tried very hard to resolve the issue that the indigenous players have to undergo (Burke et al 2018). Therefore, to excel at their chosen sport, the indigenous players had to suffer many prejudices and then they came out of it to mark themselves in the international field.
The Racial Discrimination Act, 1975 has been implemented by states all across globe to effectively tackle issues of racial discrimination. These pieces of legislation do not stand as a deterrent to discrimination per se but it attempts to ensure that people are not discriminated because they belong to a different community or race and they should not be placed in a disadvantageous position. The Act is an attempt to redress the current situation that the players are facing and it shall be dealt with the Australian Government. The Racial Discrimination Act was amended in the year 1992 to provide grounds on which the Commissioner shall enquire and if the Commissioner decided not to entertain a complaint because it is frivolous, the Commissioner has to give proper justifications for the same on paper, that is, in writing.
The Sex Discrimination and Other legislation Amendment Act, 1992 tried to make amendments to the existing legislation meant to address the issues of racial discrimination. Therefore the Sex Discrimination and Other legislation Amendment Act, 1992 tried to make new amendments to the RDA and it also established mechanisms that have already been established HREOC. The Human Rights Legislation Amendment Act of 1995 tried to re-establish the 1992 enforcement procedures which made meant to be an interim measure to adopt new methods to deal with the impending mechanisms. The 1992 Amendment Act also inserted a new clause 19A where the victimization of a person could be made into a complaint which had to be resolved by a the Commissioner or the authorities that are responsible for ensuring that there is harmony. The Commission has been empowered by the Acts to resolve the issues of discrimination with the help of conciliation. The process of conciliation also takes places along with the process of criminal proceedings under section 27. The Federal Court of Australia Act, 1976 which talks about proceedings taking place under the provisions of the Act. The Act lays down the conditions when a complaint can be made and the process of making that complaint and the kind of complaint that has to be made. The Racial Discrimination Act was recently amended by the Racial Hatred Act, 1995 which inserted a new part into the Act. The Act address issues of discrimination which states that any unlawful public activity which has the potential to offend, insult or intimidate any group of people or an individual where the act is done to humiliate or discourage any national or ethnic group of people. After the coming of the Act, there has been substantial change in the legal and the political aspect of the sporting arena and the implications can be seen both domestically as well as internationally. From the conformity of the Anglo-Australian world to a more multicultural and multi-ethnic approach, the RDA has come a very long way. The Act tries to imbibe the principles of multiculturalism where culture of different regions shall be accepted and there shall be no discrimination based on the culture and ethnicity of people. The Acts have tried to strike a harmony between the different culture and also have committed themselves to the reconciliation of the issues that the Aboriginals have faced. The indigenous people face various socio-economic disadvantages and they are made to suffer economically and financially. The Australian Government has been very proactive in ensuring the rights of the indigenous players and the aboriginals. Though the discrimination rampant, the Government is trying to device policies to address the inequalities through making policies and enacting them. The racial Discrimination Act of Australia has changed the way racial discrimination was viewed and now the legislation has become very strict in ensuring that people discriminate do not go scot free. The High court of Australia has affirmed that it is within the power of the Commonwealth to enter into international treaties keeping in mind the need to implement the scope of external affairs. Therefore, these acts have helped the players to gain access to elite teams and the Laws have not made any drastic changes to the inherent provisions of the Act but have only modified the basics that are needed to preserve the sanctity of the sporting community.
The article talks about how discrimination is very much rampant in sports and to combat discrimination, it is important for domestic legislations to be in place. The domestic legislations owe their origin to international treaties and they help in the regulation of policies that help the government in solving issues of discrimination. The author talks about the role of the Court of Arbitration for Sport that held that guidelines have a more regulating value than regulations and shall be considered a better solution for enhancing the value of sports. The article suggests ways to tackle discrimination in sports and also acknowledges that discrimination in sports is abundant. All types of discrimination is prevalent and more emphasis is put on race, gender and disability because sports is an admixture of varied people coming from different parts of the country. The AFL tries to protect the rights of the players by promoting and seeking to promote a sense of responsibility among players. The author tries to make a very strong statement regarding discrimination claiming that it is unacceptable and international treaties should be abided by to keep up with the changing needs of the society. The author tries to understand how disabled and intersex players should be allowed to participate in Olympic Games and if they should have the right to represent their country. The author made a reference to the case of Dutee Chand which held that recommendations should be given more emphasis as internal policies and they have more power than regulations.
The author tries to make references to expressions and opinions that are made on the internet which have damaging and disparaging effect on the minds of the people. The author tries to examine how views expressed both in support and against players on any social media have a resounding effect that promulgate hatred and violence. Australia has faced various instances of violence on social media and in the year 2013, Australian players were subject to violence online. Author tries to draw a parallel between acceptable behaviour and behaviour that can be controlled by sanction and moral disengagement. Author says that internet and social media is a big tool that helps communication but also perpetrates violence. The author tries to make references to how internet is a tool that promulgates racism and the strategies and discourses have a potential of making discriminatory references. The author has concluded with the help sampling method of analysing 386 online comments specially directed to sportsmen made by people online. The internet was rife with comments about Adam Goodes and the newspapers have depicted how expressions online have the potential of instilling hatred in the minds of people. The online forum shows studies how people think and the views online mirror the thought process of people against racism.
References
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