ࡱ> 57234%` 0bjbj"x"x <@@z+TTTTTTTDV$"PPP8thx4J```]______$h:hTTT``HGGGT`T`]G]GG @TTK`( 0~vPP'8]0_pKKnTG hxhxhxEdhxhxhxTU@VTTTTTT Submission on Freedom of Religion and Belief in the 21st Century in Australia to the 鱨վ GPO Box 5218 Sydney NSW 2001 Telephone: 02 9284 9600 Facsimile 02 9284 9849 Email: frb@humanrights.gov.au Website: www.humanrights.gov.au/frb by FamilyVoice Australia (formerly Festival of Light Australia) 21 December 2008 0. Introduction The Freedom of Religion and Belief in the 21st Century in Australia project being conducted by the Human Rights and Equal Opportunity Commission (HREOC) recently renamed the Australian Human Rights Commission (AHRC) - has issued a discussion paper and invited public submissions which are due by 31 January 2009.1 The project builds on HREOCs earlier report Article 18: Freedom of Religion and Belief released in 1998.2 This report considers the implications of Article 18 of the International Covenant on Civil and Political Rights 1996 (ICCPR).3 Article 18 states: 1. Everyone shall have the right to freedom of thought, conscience and religion. This right shall include freedom to have or to adopt a religion or belief of his choice, and freedom, either individually or in community with others and in public or private, to manifest his religion or belief in worship, observance, practice and teaching. 2. No one shall be subject to coercion which would impair his freedom to have or toadopt a religion or belief of his choice. 3. Freedom to manifest one's religion or beliefs may be subject only to such limitations as are prescribed by law and are necessary to protect public safety, order, health, or morals or the fundamental rights and freedoms of others. 4. The States Parties to the present Covenant undertake to have respect for the liberty of parents and, when applicable, legal guardians to ensure the religious and moral education of their children in conformity with their own convictions. The AHRC project on Freedom of Religion and Belief is exploring questions in seven areas, which are listed in the discussion paper and which form the main section headings of this submission. FamilyVoice Australia is a Christian ministry upholding family, faith and freedom, and was formerly known as Festival of Light Australia. It is a national ministry with branches in states throughout Australia. It works with Christians and churches across the denominational spectrum. It is independent of all political parties. FamilyVoice Australia has had a longstanding interest in questions of religious freedom and belief, and made a submission to the HREOC inquiry that led to the 1998 report. This submission addresses some major issues raised by the discussion paper. 1. Evaluation of 1998 HREOC Report on Article 18: Freedom of Religion and Belief The discussion paper lists the major issues identified in the Article 18: Freedom of Religion and Belief report as religious expression, discrimination on the ground of religion or belief and incitement to religious hatred. The paper asks: What has been the impact of the report and what changes in the social climate have occurred since 1998? 1.1 Religious expression Religious expression is rightly understood in the broader context of freedom of speech or freedom of expression and is analogous to political expression. Both religious and political expression involve the expression of personally held beliefs, which may or may not be supported by evidence. Both religious and political ideas may be controversial and lead to vigorous debate. The essence of freedom of expression, whether political or religious, is not merely the freedom to express ideas that are comfortable. It is the freedom to disagree, to dispute or to cause controversy. The ICCPR recognises freedom of expression as a right in Article 19: 1. Everyone shall have the right to hold opinions without interference. 2. Everyone shall have the right to freedom of expression; this right shall include freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art, or through any other media of his choice. 3. The exercise of the rights provided for in paragraph 2 of this article carries with it special duties and responsibilities. It may therefore be subject to certain restrictions, but these shall only be such as are provided by law and are necessary: (a) For respect of the rights or reputations of others; (b) For the protection of national security or of public order (ordre public), or of public health or morals. The restrictions on freedom of expression set out in sections 3(a) and (b) are sufficiently limited in scope to preserve freedom to engage in vigorous or even hostile debate on political and religious beliefs. Respect for the reputations of others is protected in Australia by defamation laws, which since 2005 have been uniform. An important element of these uniform defamation laws is the provision for a defence against a complaint of defamation that the matter was substantially true.4 This rightly affirms truth as more important than reputation. Protection of national security and public order are essential for the preservation of civilised society and in Australia that protection is provided by the crime of sedition.5 Importantly, the law defines sedition in terms of the action, such as urging the overthrow of the government or urging violence within the community, irrespective of whether the action is associated with race, religion, nationality or political opinion.6 This rightly affirms the action as primary, not the characteristics of those involved. Recommendation 1: (a) Religious expression should be governed by the same laws that govern the expression of any belief and no distinction should be made between religious and political expression. (b) Any laws limiting religious or political expression for the purpose of protecting the reputations of others should provide an absolute defence of substantial truth. (c) Any laws limiting religious or political expression for the purpose of protecting national security, public order, or public health or morals should be defined in terms of the effect of the expression not on the race, religion, nationality, political opinion or any other characteristic of those affected. 1.2 Discrimination on the ground of religion The most pressing human rights issue associated with freedom of religion in Australia today is the increasing discrimination against religious practice imposed by tribunal decisions under so-called antidiscrimination or equal opportunity laws. Anti-discrimination laws have worsened discrimination against religion. It is important to recognise that religion involves both belief and conduct. This follows from the legal definition of religion determined by the High Court of Australia in its judgement on the Scientology case.7 Justices Mason and Brennan held that for the purposes of the law, the criteria of religion are twofold: first, belief in a supernatural Being, Thing or Principle; and second, the acceptance of canons of conduct in order to give effect to that belief8 This judgement declares that a religion involves not merely belief but also conduct giving effect to that belief. Consequently, freedom of religion involves both freedom of belief and freedom of conduct giving effect to that belief. Many parts of anti-discrimination laws represent a direct assault on religious freedom by proscribing some conduct that may be required to give effect to religious beliefs. Religious beliefs generally make moral distinctions between right and wrong, between good and bad, whereas anti-discrimination laws may declare conduct which gives effect to such moral distinctions to be unlawful. Most anti-discrimination laws include provisions for exemptions or exceptions for religious bodies, educational bodies founded for a religious purpose and, in some cases, for individuals acting in accordance with their own genuine religious beliefs or principles. The key issues are: the limited nature of these exemptions in some jurisdictions; proposals to remove the exemptions, often initiated by the bodies that are supposed to be protecting human rights; decisions by commissions, tribunals and courts which read down the exemptions and subordinate the right to religious freedom to other, supposedly more fundamental rights; judgements delivered by non-believers that purport to decide what are the genuine beliefs of a particular religious body. This is a particularly offensive attack on true religious freedom. 1.2.1 Limited nature of exceptions Only Victoria has an exception for individual religious believers from the provisions of antidiscrimination law. Section 77 of the Equal Opportunity Act 1995 provides an exception if the discrimination is necessary for a person to comply with the person's genuine religious beliefs or principles. The anti-discrimination laws in all other jurisdictions operate in such a way as to compel religious believers to act against their religious beliefs or principles whenever these conflict with the antidiscrimination laws. The exceptions for religious bodies are in some jurisdictions limited in such a way that religious bodies are not excepted from anti-discrimination laws in relation to work or education. For example, Section 109 of Queenslands Anti-Discrimination Act 1991 excludes work or education from the exception which protects acts which are in accordance with the doctrine of the religion concerned; and necessary to avoid offending the religious sensitivities of people of the religion. The consequence of this exclusion is that the Qld Anti-Discrimination Act 1991 could force a religious body to act contrary to its doctrine and in such a way as to offend the religious sensitivities of its people. This is hardly freedom of religion! Recommendation 2: All State and Territory anti-discrimination or equal opportunity legislation should be amended to give a comprehensive exemption (a) to all bodies established for a religious purpose from all anti-discrimination and equal opportunity provisions and (b) to all individuals for any act done in order to comply with the person's genuine religious beliefs or principles. 1.2.2 Proposals to remove or curtail religious exceptions Current proposals to remove or curtail religious exceptions include the following reviews. The Equal Opportunity Exceptions Review (Victoria) The Victorian Department of Justice explains the purpose of the Exceptions Review as to identify whether any of the exceptions and exemptions in the Act limit the enjoyment of human rights protected and promoted by the Charter [of Rights and Responsibilities]. In particular, the Exceptions Review will examine whether the exceptions are compatible with the right to equal and effective protection against discrimination.9 This purpose is framed in such a way as to give a priori precedence to the right to equal and effective protection against discrimination over other rights such as the right to freedom of conscience and belief. Although submissions closed in April 2008 this review has not yet reported. Equal Opportunity Act 1984 Review (Western Australia) This review of the WA Equal Opportunity Act 1984 by the WA Equal Opportunity Commission reported in May 1997. It recommended that the exceptions for employment by religious educational institutions be amended so that the exception to the duty not to discriminate on religious grounds in employment in religious educational institutions is confined to employees and contract workers with educational or teaching or pastoral responsibilities.10 The Commission seeks to impose on religious educational institutions the obligation to hire personnel with other duties without regard to their religious beliefs or marital status. This would deny such bodies the right to have all staff supportive of its religious mission and values. Why should a Christian school have to employ, say, a practitioner of Wicca in the school canteen or a gardener who is known to be living in a relationship outside of marriage? Why cant a religious school be free to cultivate a religious atmosphere supported by its entire staff? Attacks on these exceptions are attacks on religious freedom. Human Rights and Equal Opportunity Commission In its submission to the Senate Legal and Constitutional Affairs Committees inquiry into the effectiveness of the Sex Discrimination Act 1984 the Human Rights and Equal Opportunity Commission argued that the rights to religious freedom and to gender equality must be appropriately balanced in accordance with human rights principles.11 Balanced in this context, of course, means limited. It is disturbing to have the body allegedly defending human rights in Australia proposing the curtailment of the right to religious freedom. The submission goes on to argue that The existing permanent exemption provides little incentive for religious bodies to re-examine their beliefs about the role of women and to ensure adequate representation of women in areas that do not conflict with the doctrines, tenets and beliefs of the religion. The permanent exemption does not provide support for women of faith who are promoting gender equality within their religious body.12 The notion that the role of the law could be to support one side of an internal conflict in a religious body is disturbing. The Commission also recommends that the current exemption be made subject to a three year sunset clause and that the right to religious freedom must be balanced by the right to equality. It considers that, at a minimum, the exemption may be narrowed. These three examples illustrate the increasing threat to freedom of religion posed by antidiscrimination and equal opportunity laws in Australia. Recommendation 3: Any proposals by Commonwealth, State or Territory reviews for further reducing the religious freedoms of individuals or corporate entities by narrowing exceptions in antidiscrimination or equal opportunity legislation should be rejected. 1.2.3 Adverse decisions The decision by the Equal Opportunity Division of the Administrative Decisions Tribunal (NSW) against Wesley Mission in a case dealing with the application of two homosexual men to act as foster parents raises grave concerns about the interpretation of the religious exception in the NSW Anti- Discrimination Act 1977.13 The Tribunals findings that (a) the religion of the Wesley Mission was Christianity and (b) that Christianity has no doctrine that monogamous heterosexual partnership within marriage is both the norm and ideal are extraordinary.14 Effectively the Tribunal is setting itself up as an authority on religious beliefs. There was no doubt that those persons engaged in the work of the Wesley Mission had a shared religious belief that precluded accepting a homosexual couple as foster carers. The Tribunal ruthlessly tramples on the religious freedom of these believers by purporting to know better than the persons themselves (a) what their religion is and (b) what its doctrines are. Unless the Tribunals decision is overturned by a higher court the decision means that Wesley Mission has been denied freedom of religion. In Victoria the Victorian Civil and Administrative Tribunal is to hear a complaint from a homosexual support group Way Out against a campsite operated by the Christian Brethren for refusing to accept a booking from the group.15 The fact this case is even going ahead despite the comprehensive exceptions in Victorian law illustrates the burden that antidiscrimination legislation places on religious freedom. 1.3 Incitement to religious hatred The Victorian Racial and Religious Tolerance Act 2001 has imposed profound restrictions on religious freedom (and freedom of speech). The prolonged action against Pastors Daniel Scot and Danny Nalliah in relation to a religious seminar on Islam represents a low point of the freedom of religion in Australia, notwithstanding the eventual quashing of the findings against the pastors by the Court of Appeal of the Supreme Court of Victoria.16 The initial adverse decision by Justice Higgins illustrated the profound hazards to religious freedom posed by laws prohibiting religious vilification. Justice Higgins made numerous errors in his consideration of strictly religious matters and at times completely misrepresented Pastor Scots comments. For example, the Court of Appeal found that Justice Higgins had wrongly asserted that Scot had claimed that Muslims are demons. Justice Higgins simply failed to follow Scots citations from the Quran about jinns (demons) becoming Muslims. The financial burden, time and stress imposed on these two pastors have been an intolerable assault on freedom of religion. Recommendation 4: (a) The Commission should recommend the repeal of the religious vilification provisions in the Victorian legislation and in any other jurisdictions which have similar laws. (b) No support should be given to the introduction of religious vilification provisions in Commonwealth law or the law of those States and Territories which currently do not have such provisions. 2. Religion and the State the Constitution, roles and responsibilities Since the expression of religion is generally in community, freedom of religion is critically connected with freedom of association. Furthermore, freedom of association provides the basis for civil society, which has been defined by the London School of Economics Centre for Civil Society as follows: Civil society refers to the arena of uncoerced collective action around shared interests, purposes and values Civil society commonly embraces a diversity of spaces, actors and institutional forms, varying in their degree of formality, autonomy and power. Civil societies are often populated by organizations such as registered charities, development nongovernmental organizations, community groups, womens organizations, faith-based organizations, professional associations, trade unions, self-help groups, social movements, business associations, coalitions and advocacy groups.17 The links between civil society and democracy were explored by Alexis de Tocqueville and developed by 20th century theorists like Gabriel Almond and Sidney Verba, who identified civil society as having a vital role in a democratic order.18 Healthy democracy is best served by associations having the freedom to operate without intrusive government interference. 2.1 The Constitution Section 116 of the Australian Constitution states that: The Commonwealth shall not make any law for establishing any religion, or for imposing any religious observance, or for prohibiting the free exercise of any religion, and no religious test shall be required as a qualification for any office or public trust under the Commonwealth. Notably, this section limits only the Commonwealth Parliament and only its power to make laws. Its effect is that the Commonwealth Parliament: cannot establish a State church, such as the Church of England in UK, the Lutheran Church in Denmark, the Eastern Orthodox Church in Greece, or the Roman Catholic Church in Argentina;19 cannot enforce religious observance, such as the enforcement of five daily prayers, fasting during Ramadan, and the modesty of women's dress under sharia law by the religious police, or mutawwiin, in Saudi Arabia20 and some other Muslim countries;21, 22 cannot prohibit religious observance, such as the prohibition of house churches in the Peoples Republic of China;23 cannot impose a religious test for public office, such as requiring university lecturers in Pakistan to pass an examination on Islam.24 Former professor of law at the University of Queensland, J D Lumb, in his book entitled Australian Constitutionalism, comments that the High Court has declared that this section will not be given the wide interpretation which has been given to the corresponding clause (First Amendment) in the American Constitution. It does not erect a wall of separation between Church and State, nor does it prevent Federal financial assistance from being given to secular activities carried on by religious organizations such as assistance to education or to hospital services. It does prevent the grant of special privileges to a particular religion or religious body such as the setting up of a State church.25 2.1.1 Section 116 In 1988, the Hawke Government suggested that protection for religious freedom could be enhanced by an amendment to section 116 of the Australian Constitution along with other proposed amendments. A referendum was put to the Australian people on 3 September 1988 with four questions. One of these questions the rights and freedoms proposal - was to extend the right to trial by jury, to extend freedom of religion, and to ensure fair terms for persons whose property is acquired by any government.26 While this proposal might sound superficially attractive, the devil was in the detail. The proposal supposedly to extend freedom of religion would have been more likely to reduce freedom of religion. The Minister for Justice at the time, Senator Tate said: I cannot, nor can anyone, give an absolute ... guarantee that government funding for Christian schools would be upheld by the High Court under the proposed new constitutional provision.27 In the vote, this referendum proposal was rejected decisively by the people of Australia in every State and Territory and by an overall majority of 69.21% to 30.79%.28 Nothing has occurred in the past twenty years to suggest that Australians would support any change to Section 116 of the Constitution. Recommendation 5: Section 116 of the Australian Constitution should not be amended since it protects freedom of religion by preventing Commonwealth legislation on religion. 2.1.2 Protection of religion and belief The Australian Government can best protect freedom of religion and belief by ensuring comprehensive exemptions from anti-discrimination laws not just for religious bodies but also for individuals acting in accordance with their religious and conscientious beliefs, and by refraining from introducing religious vilification laws. Recommendation 6 Anti-discrimination and equal opportunity laws should be amended to enhance freedom of religion and belief by providing comprehensive exemptions for religious bodies and individuals acting in accordance with their religious and conscientious beliefs, and by refraining from introducing religious vilification laws. 2.2 Undue influence The core idea of the Australian system of government is recognition of the right of the citizen to freedom under the law. This fundamental freedom is expressed in many ways, including the right to stand for election and vote. It is also expressed through freedom of association, such as the right to form or join an association with the purpose of influencing governments. The fundamental right to associate with others in order to influence governments is legitimate irrespective of the basis of association, which may for example be regional, industrial, environmental or religious. Influence on governments becomes undue influence when it is associated with criminal activities such as bribery, corruption, blackmail, sedition or threats of violence. Such undue influence should be proscribed irrespective of the basis of association of the group, whether religious, regional, enviromental or anything else. Government control over associations becomes undue influence when it interferes with the freedom of associations to define their own rules. Anti-discrimination legislation has unreasonably diminished the freedom of people to associate as they choose. People should be free, for example, to form male sporting clubs or female business clubs or vice versa. People should be free to associate on the basis of religious or other beliefs they hold in common and not be subject to the undue influence of antidiscrimination laws. Recommendation 7: (a) Freedom of association for the purpose of legitimate influence of governments should be respected irrespective of the basis of association. (b) Legal restrictions on freedom of association should only be for criminal activities such as bribery, corruption, blackmail, sedition or threats of violence, irrespective of the basis of association. (c) Freedom of religion should be protected by allowing people to associate freely, exempt from the undue influence of anti-discrimination laws. 2.3 Charter of rights The Exceptions Review being conducted in Victoria is premised on the assumption that current exceptions, including those for religious bodies and for individuals acting in accordance with their genuine religious beliefs may limit the enjoyment of human rights protected and promoted by the Charter. This is a good indication that a national charter of rights would be unlikely to improve freedom of religion in Australia. It seems more likely that other rights provided for by such a charter would be held to limit freedom of religion. The experience with charters and bills of rights in the United States, Canada and the United Kingdom confirm this view. For example, a recent case decided by the Employment Appeal Tribunal in the United Kingdom found that the right to manifest the religious belief must give way to the rights of same-sex partners to have their partnership recognised by law29 The case involved the refusal of the Borough of Islington to accommodate the strong religious beliefs of a Christian woman who objected to performing civil partnership ceremonies. Recommendation 8: A legislated national Charter of Rights should be opposed because it would be more likely to constrict freedoms of religion and belief than expand them. 3. Religion and the State practice and expression 3.1 Service delivery Faith-based agencies are involved in service delivery for reasons which are tied closely to their religious beliefs. The contribution of the Christian churches to education, health care and welfare services throughout history, including the history of Australia since European settlement, is immeasurable. When governments choose to contract faith-based agencies to carry out service delivery on behalf of government or to directly or indirectly fund such service delivery then the integrity of the faith-based agencies needs to be fully respected. Recent threats to the integrity of Christian health care services have arisen through demands that health care providers offer procedures considered to be ethically wrong by the religious bodies for which they work. For example, Victorias recent Abortion Law Reform Act 2008 seeks to impose on medical practitioners who have a conscientious objection to abortion an obligation to refer a woman seeking an abortion to another medical practitioner who is known not to have such an objection. This provision poses a direct threat to the continued involvement of the Catholic Church and other churches in health care. The Wesley Mission case cited above illustrates a similar threat to Christian involvement in the provision of foster care. A genuine freedom of religion would give full scope for faith-based agencies to deliver services in accord with the belief systems on which these agencies are based. If a secularising society attempts to dragoon such agencies into supporting a secularist agenda then it could ultimately pay the price of losing the irreplaceable contribution of these agencies. Governments simply do not have the resources to directly supply all the health, education and welfare services provided by faith-based agencies. Faith-based agencies should be subject to laws for the protection of national security and public order, such as the law against sedition. For example, a school or training organisation which foments hatred, urges violence in the community or overthrow of the government should not be permitted, irrespective of whether the action is associated with race, religion, nationality or political opinion. Recommendation 9: Governments choosing to contract faith-based agencies for service delivery should respect the ethical values of the agencies, subject to the protection of national security and public order. 3.2 Religious holy days, symbols and dress Australia is a nation with a Christian heritage and Christianity remains the majority religion today. It is appropriate that the major Christian feasts Christmas, Easter and the weekly Sunday continue to be marked by society as a whole. There is no need to attempt to treat the holy days of other minority religions on the same basis. To do so would be inappropriate. Local government ought to be able to take into account the sensibilities of local residents, and the cultural heritage of Australia, in giving or withholding permission for building of places of worship for non-Christian religions. Recommendation 10: Governments should continue to recognise Australias Christian heritage and that Christianity remains the majority religion today by retaining public holidays for the Christian feasts of Christmas and Easter and by recognising Sunday as a day of rest. 4. Security issues in the aftermath of September 11 Following the attack on the World Trade Centre on 11 September 2001, several churches in Sydney were attacked, as the following item from The Daily Telegraph reports.30 A CHURCH hall was firebombed early yesterday and a church under construction attacked by vandals, its altar site covered with spray-painted hate slogans proclaiming Osama the great and Christianity must die. Vandals set fire to prayer books in the hall, which is used as a temporary church by parishioners at Lidcombe's St Ephraim Syrian Orthodox Church. The attack is the seventh in less than two weeks on Christian churches, and at least three mosques have been targeted after the September 11 terrorist attacks in the US. The Syrian community church hall was gutted after vandals splashed petrol in the pews then set alight a trail to the pulpit in the Joseph St complex, causing more than $250,000 damage. At a $2 million church being built next to the hall, hate slogans were sprayed in red paint across walls where an altar will soon stand. Yesterday's attack was the most brazen yet as vandals showed their support for terrorist mastermind Osama bin Laden . Most so far have smashed windows and firebombed churches, but graffiti yesterday backed bin Laden with hate messages like Bin Laden the greatest (sic), Holy War, Jihad and Kill Jews 1 by 1. St Ephraim church council member Eli Hanna said parishioners of the small church were devastated and would have to move to another congregation for services while their church and hall were being repaired. We are a small community and this has scared us, Mr Hanna said. We have had no problems at all in the past 26 years with anyone in this area. The church has been under construction for 18 months. Its 300 parishioners will now contribute towards hiring security guards and installing security cameras. One parishioner said: We put our hearts [into] building this church and have been praying for peace overseas. The NSW Council of Churches last week called for peace and goodwill after attacks on churches, believed to be in retribution for attacks on mosques. Police inquiries into all attacks are continuing. Firebombing calendar CHURCH ATTACKS * Friday, September 21 - Church of Christ. Waterloo Rd, Greenacre * Saturday, September 22 - St Thomas Anglican Church. Provincial St, Auburn * Sunday, September 23 - Bankstown Baptist Church. Stanley St Bankstown * Sunday, September 30 and Tuesday October 2 - Greenacre Uniting Church. Mimosa St Greenacre * Wednesday, October 3 - Church of Latter-Day Saints. Kelly St Punchbowl * Wednesday, October 3 - St John Vianney's Church. Tempe St Greenacre It is clear from this report that latent Muslim jihadists in 2001 were ready to engage in violence against Christians and churches in Australia when emboldened by overseas jihadist events. In 2003, an al- Qaida cell in Australia was reported to have planned attacks against Jewish synagogues and schools.31 In 2008, a self-proclaimed Muslim cleric Abdul Nacer Benbrika and five of his followers were found guilty of being part of a home-grown terrorist cell plotting to wage violent jihad on Australian soil.32 The primary mission of the group was "the overthrow of the godless regimes and their replacement with an Islamic regime" and other missions included "assassinating enemy personnel as well as foreign tourists" and "blasting and destroying the places of amusement, immorality and sin".33 4.1 Religious and political extremism It would be nave to ignore the reality of an expansionist Islamism in todays world. Traditional Islam views religion and politics as the one thing. The goal of Islam is to gain land and power as the base for a unified Islamic community which lives in submission to Islamic law and which subordinates non-believers in accordance with that law. Some proponents of traditional Islam support the use of terrorism to achieve these goals. Others may use less violent means while still aiming to replace the existing polity in countries like Australia with an Islamic polity. This fundamental fact about Islam means that policies on freedom of religion need to take into account issues raised by the particular nature of Islam. Is an increasing Islamic population a potential threat to freedom in Australia? Do Islamic schools need to be monitored more closely than other religious schools to ensure that students are not being formed in such a way as to pose a threat to the security and integrity of Australia? Are concentrated areas of Islamic occupation a threat to local communities through attempts to impose Islamic practices such as sex-segregated use of public swimming pools; removal of pork products from local shops; banning of dogs from local parks etc? The valid concerns raised by the particular nature of Islam should never be used as an excuse for imposing unwarranted restrictions on Christian churches and other religious bodies which do not share this religio-political nature. The risk of terrorist activities by jihadist Muslims cannot be reduced by the imposition of restrictions and burdens on Christians and other non-Islamic faiths. Recommendation 11: Policies on freedom of religion in Australia should not impose restrictions and burdens upon individuals, faiths and communities not engaged in encouraging, justifying or perpetrating terrorist activities. 4.2 Security and civil liberties Protection of national security and public order are essential for the preservation of civilised society and in Australia that protection is provided by the crime of sedition.34 Importantly, the law defines sedition in terms of the action, such as urging the overthrow of the government or urging violence within the community, irrespective of whether the action is associated with race, religion, nationality or political opinion.35 Recommendation 12: Australian security should continue to be protected by a law against sedition which respects freedom of religion by prohibiting seditious action, without regard for race, religion, nationality or political opinion. 5. The interface of religious, political and cultural aspirations 5.1 Citizenship and Australian values The introduction of a citizenship test has been a useful development in clarifying that becoming a citizen of Australia involves an acknowledgement of Australias heritage and a commitment to maintaining the fundamental character of Australia as a representative democracy. The requirement, reaffirmed after the recent review, that the test is to be taken only in the English language is welcome. 5.2 Religious voices in policy debates The question Is there a role for religious voices, alongside others in the policy debates of the nation? seems to be inviting attacks on the freedom of religion. Any move to deny religious Australian citizens or associations a voice in the policy debates of the nation would be a step towards secular tyranny. 6. Technology and its implications Technological changes, particularly in the area of communication, provide both new opportunities and new risks for all Australians, including those with religious or other beliefs as well as for religious communities. The internet has provided an opportunity for small publishers of religious resources to disseminate them more widely. It has also facilitated the development of networks of like-minded people both locally and around the globe.36 The internet has also increased the risk of users both adults and children being exposed unintentionally to material that is offensive and contrary to their beliefs and values. Moreover, some material available on the internet, such as child pornography, suicide instruction and terrorist advocacy, is sufficiently harmful that Australian law prohibits it being hosted on a site located in Australia. Other material legally available in printed form only to adults, such as explicit pornography, is readily available on the internet. Technological solutions need to be found to extend to the internet the current controls in Australia on illicit or adult-only material. Recommendation 13: The federal government should continue with plans to introduce ISP filtering of the internet to restrict the availability of illicit material and material available in printed form only to adults. 7. Religion, cultural expression and human rights 7.1 Sexuality and religious freedom Beliefs about sexuality (the meaning of being men and women) and about sexual behaviour (its purpose and meaning) are essential to many religions. These are matters for religious bodies and their adherents to deal with. The questions assume a stance in favour of the view that all varieties of sexuality are morally equivalent and valid expressions of human nature. This view is not shared by the majority of world religions or of religious believers. The question about How can faith communities be inclusive of people of diverse sexualities? assumes that faith communities should be inclusive of people of diverse sexualities. Recognition of freedom of religion implies recognition that some faith communities may explicitly reject some sexual behaviour as immoral. Recommendation 14: Australian laws should respect freedom of religion in relation to sexuality and sexual behaviour by recognising that many faith communities have strong beliefs and practices about these matters which should be permitted and respected without discrimination. 8. Endnotes 1. Freedom of Religion and Belief in the 21st Century in Australia, August 2008, discussion paper by the Human Rights and Equal Opportunity Commission; http://www.hreoc.gov.au/frb/frb_2008.html. 2. Article 18: Freedom of Religion and Belief, July 1998, report by the Human Rights and Equal Opportunity Commission; http://www.humanrights.gov.au/human_rights/religion/index.html#Article. 3. International Covenant on Civil and Political Rights 1996;  HYPERLINK "http://www.unhchr.ch/html/menu3/b/a_ccpr.htm" http://www.unhchr.ch/html/menu3/b/a_ccpr.htm. 4. For example, the NSW Defamation Act 2005, s 26: It is a defence to the publication of defamatory matter if the defendant proves that: (a) the matter carried imputations that are substantially true 5. Cth Criminal Code Act 1995, s 80.2. 6. Ibid., s 80.2(5). 7. Church of the New Faith v Commissioner of Pay-Roll Tax (Vic) [1983] HCA 40; (1983) 154 CLR 120. 8. Ibid., para 17; their judgement was qualified by also holding that though canons of conduct which offend against the ordinary laws are outside the area of any immunity, privilege or right conferred on the grounds of religion. 9. Equal Opportunity The Exceptions Review, Department of Justice, Victoria; http://www.justice.vic.gov.au/wps/wcm/connect/DOJ+Internet/Home/Your+Rights/Equal+Opportunity/JUSTIC E+-+Equal+Opportunity+-+The+Exceptions+Review. 10. Review of Equal Opportunity Act 1984: Report, Equal Opportunity Commission, 2007, p 7; http://www.equalopportunity.wa.gov.au/pdf/revieweoact.pdf 11. Submission 69, Human Rights and Equal Opportunity Commission, p 166; http://www.aph.gov.au/senate/committee/legcon_ctte/sex_discrim/submissions/sub69.pdf. 12. Ibid. 13. Anti-Discrimination Act 1977 (NSW), s 56. 14. OV and anor v QZ and anor (No.2) [2008] NSWADT 115, at 119, 126-128. 15. Michael Bachelard, 7 September 2008, "Gay support group gets straight 'no' from Brethren", The Age. 16. Catch the Fire Ministries Inc & Ors v Islamic Council of Victoria Inc [2006] VSCA 284 (14 December 2006); http://www.austlii.edu.au/au/cases/vic/VSCA/2006/284.html. 17. What is civil society? Centre for Civil Society, London School of Economics, 1 January 2004. 18. Almond, G, & Verba, S; The Civic Culture: Political Attitudes And Democracy In Five Nations, Sage, 1989. 19. "State religion", Wikipedia; http://en.wikipedia.org/wiki/Establishment_(church). 20. "Saudi Arabia Law Enforcement", Encyclopedia of the Nations; http://www.country-data.com/cgibin/ query/r-11681.html. 21. Westervelt, Eric, 11 October 2007, "Police Enforce Ramadan Fasting Rules in West Bank", NPR; http://www.npr.org/templates/story/story.php?storyId=15178892. 22. Perlez, Jane, 27 June 2006, "Spread of Islamic Law in Indonesia Takes Toll on Women" The New York Times; http://www.nytimes.com/2006/06/27/world/asia/27indo.html. 23. "China Son of Christian Leader Beaten Unconscious", November 2008, Barnabas Fund Prayer Focus Update, No 145. 24. Pakistan-born Daniel Scot had to pass an exam on Islam before gaining a lecturship in mathematics at the University of Punjab, see: Phillips, Roslyn, May 2005, "Religious vilification: the Daniel Scot decision", Light (Festival of Light Australia), p 8. 25. Lumb, R D, 1983, Australian Constitutionalism, (Butterworths), p 124. 26. Constitution Alteration (Rights and Freedoms) 1988. 27. Phillips, David & Bowen J K, August 1988, Implications of the 1988 Constitutional Referendum, Light, p 10. 28. Australian referendum, 1988 (Rights and Freedoms), Wikipedia: http://en.wikipedia.org. 29. London Borough of Islington v Miss L. Ladele Appeal No. UKEAT/0453/08/RN, http://www.christian.org.uk/eat_ladele_19dec08.pdf at 126. 30. The Daily Telegraph, Wednesday 10 October 2001, p 5. 31. Harris, Trudy, 23 August 2003, "Help us pay for security, say Jews", The Weekend Australian, p 9. 32. Hughes, Gary, 16 September2008, "Benbrika, five followers guilty of terror plot", The Australian, p 1. 33. Hughes, Gary, 20 September2008, "Step-by-step terror guide -- Benbrika cell used al-Qa'ida manual", The Weekend Australian, p 2. 34. Cth Criminal Code Act 1995, s 80.2. 35. 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