UPDATE: Consultation on the ACT Government’s draft Multicultural Recognition Bill, legislation for “an inclusive and welcoming Canberra where everyone can belong and participate in social, cultural, economic, and civic life”, is now live: https://yoursayconversations.act.gov.au/multicultural-recognition-act.

“In this term of government, we have committed to enshrining in legislation for the first time in the Territory’s history our strong and ongoing vision for our culturally and linguistically diverse city,” multicultural affairs minister Tara Cheyne.

“In our city, we are grateful to experience cultural richness every day in our workplaces, organisations, and learning institutions, and through language, history, dress, food, music, and celebrations.”

• Racism is not tolerated in the ACT: Tara Cheyne (October 2021)
• ACT to enshrine commitment to multiculturalism in law (April 2021)

The draft bill tabled on Tuesday draws on extensive community consultation with Canberrans about the proposed legislation and what should be included to improve liveability, accessibility, and representation for Canberrans from culturally and linguistically diverse backgrounds, Ms Cheyne said.

“The purpose of the Multicultural Recognition Bill is to define the Canberra we want to live in now and into the future, as a community that will elevate, recognise, value, and embrace our evolving and growing diversity of cultures and languages.”

 To this end, the Bill includes a Multicultural Charter which declares to each and every individual in the ACT that:

1.         They are entitled to live in a community where there is mutual respect, irrespective of their background, culture, language, and religion or spiritual beliefs

2.         They have a shared obligation to stop racism, discrimination, and the negative effects they have on the community

3.         They are free and safe to express, practise, share, and maintain their cultural and religious or spiritual identity

4.         They have varied experiences and personal attributes, as an individual or as part of a community, which contribute to the unique expression of their cultural identity, and are recognised and respected

5.         They belong to the ACT community, and are free to participate on equal terms in the social, cultural, economic, civic, and political life of the ACT

6.         Whether they are a refugee, migrant, or otherwise, they are forever welcome and their contributions to the ACT are valued and recognised

7.         Language is central to the preservation and appreciation of cultural identity, and they are free and are supported to use, preserve, and promote their language

8.         They are an integral part of the ACT’s cultural, linguistic, and religious or spiritual diversity, and are supported to enjoy and celebrate this diversity in all aspects of community life

The Bill also proposes to formalise the role of the Multicultural Advisory Council, which advises the Government on issues of interest or concern to Canberra’s culturally and linguistically diverse community, and supports the exchange of information and ideas between Ms Chenye as Minister and the community members.

“When the new Act comes into effect,” explained John Kalokerinos, the MAC’s chair, “it will set in place rules about how the Multicultural Advisory Council will be comprised and some minimum standards for how it will operate.

“This will bring it into line with other ACT advisory councils and other statutory authorities. Other jurisdictions, such as NSW, Victoria, Queensland, and South Australia already have their Council equivalents set in law – it is time for the ACT to do so, too.”

The Bill will complement existing reporting and enforcement mechanisms such as those in the Human Rights Act 2004 and the Discrimination Act 1991, Ms Cheyne said.

“This is a critical opportunity to define a vision for our growing city as a place of welcome, inclusion, and belonging for years to come.”

The Multicultural Recognition Act is an ACT Government commitment outlined in the 10^th Parliamentary and Governing Agreement.

“We are very fortunate that Canberra has embraced multiculturalism,” Mr Kalokerinos said. “It has come a very long way, particularly in the last 30 years, and we now see much more cultural diversity in public life, in business, and in all sectors generally. The ACT was recently awarded accreditation as a Welcoming City – a terrific achievement.

• Canberra is fourth ‘Established’ Welcoming City (November 2021)

“Nonetheless, there is of course much more to do to eradicate racism and discrimination; the Act will be one step in the right direction by legislating for a Multicultural Charter for the ACT.”

Mr Kalokerinos said it was great to see the Bill released for public feedback. He encouraged anyone interested to read it and to attend one of the upcoming public consultation sessions.

The ACT Council of Social Service (ACTCOSS) and Canberra Multicultural Community Forum (CMCF) also welcomed the release of the Bill for consultation, saying it demonstrated a strong commitment to the vision of Canberra as a diverse and inclusive community.

ACTCOSS CEO Dr Emma Campbell said: “We are glad to see ACTCOSS’s feedback reflected in the content of the Multicultural Charter and the production of such a robust declaration of recognition of our culturally and linguistically diverse community members.

“It is important that we see the intentions of the Bill reflected in actions and investment including accessible reporting and enforcement mechanisms.”

CMCF Chair Ms Chin K Wong said: “The Multicultural Recognition Act is a positive step towards greater mutual understanding and respect.

“We hope that the ACT Government will also take steps to ensure that the freedoms and rights outlined in the Multicultural Charter are met with appropriate resourcing and funding for advocacy services and culturally and linguistically diverse (CALD) community groups.

“Whilst formalisation of the Multicultural Advisory Council is important and a useful act of recognition, we need to see similar support for funding of an independent peak representative advocacy voice for CALD Canberrans. Without independent advocacy, it will be near impossible to hold the government accountable to commitments to anti-racism, inclusion and diversity.

“To see the best possible outcomes from implementing legislation surrounding multiculturalism, the ACT Government must facilitate further consultation with CALD communities, and this consultation needs to be a robust and consistent practice.”

Dr Campbell concluded: “The inclusion of a ‘shared obligation to stop racism, discrimination, and the negative effects they have on our community’ speaks to the ACT’s need for anti-racist policy provisions including positive duty legislation, funding for an independent CALD peak body and an ACT anti-racism strategy.

“The ACT Government must couple the institution of the Multicultural Recognition Bill with appropriate funding, resourcing, and implementation of recommendations made to support and protect community members who are most vulnerable to discrimination,” Dr Campbell said.