ࡱ> %`  2bjbj"x"x 7B@@)%       @8D !2(("JJJ%%%p r r r r r r $;"h$  %%%%%  JJ "% J Jp %p   J _c=T  < !,e%e%e% X%%% gj%%% !%%%%DDD$ hDDDDh2@       FREEDOM OF RELIGION AND BELIEF IN THE 21ST CENTURY SUBMISSION ON BEHALF OF THE MUSLIM WOMENS NATIONAL NETWORK OF AUSTRALIA The Muslim Womens National Network commends the 鱨վ for its initiative in establishing this inquiry. Australia now has a considerable proportion of citizens of different ethnic backgrounds, professing between them all of the worlds major religions. The policies of the past may no longer be appropriate to the future. This inquiry gives all Australians the chance to have their voice heard on these important issues. This submission has developed from a forum attended by representatives of seven Muslim organisations and a number of independent Muslim individuals in Sydney on 13 December 2008. At this forum a number of issues of concern to the Muslim community were identified and suggestions made for overcoming some current difficulties. This submission does not purport to represent the views of any organisation except MWNNA. Religion and the State the Constitution, roles and responsibilities S116 of the Constitution prohibits the establishment of any religion by the state. The state should therefore remain impartial between religions and between those who do not hold any religious belief. The state should not prevent the reasonable practice of any religion, nor should it require people to abandon the practice of their beliefs in the interests of secularism. For example, it should not prevent Jews from wearing yarmulkes, Sikhs from wearing turbans or Muslim women from wearing hijab in public areas. Prohibition of religious vilification -There is a need for a law prohibiting religious vilification and discrimination in NSW and Commonwealth level. The government should recognize that there is a difference between legitimate criticism of religion and religious vilification. Current laws outlaw discrimination on racial grounds, including discrimination against Jews & Sikhs who are classed as ethno-religious groups but Muslims have no protection since they come from a very large number of different ethnic groups. There is ample evidence that Muslims face widespread discrimination and harassment at times of overseas tensions (see HREOC Isma report, 2004) but no legal redress is available, especially to those Muslims who cannot rely on legislative protection against race discrimination. Family law There should be legal recognition of Islamic family law, at least to the extent that agreements made as a result of Islamic mediation or arbitration voluntarily agreed to by parties can be recognized and enforced in the same way that decisions of Shariah tribunals are recognized in the United Kingdom, subject to a right of appeal to Family Court where the agreement appears to be manifestly unjust. At present, religious women whose husbands refuse to divorce them are left in limbo and persons who wish to settle their difference peacefully according to religious principles are unable to do so if they wish their agreement to be legally enforceable. Planning laws - Provision should be made for building of mosques & Islamic schools in plans for new residential developments in Sydney& major cities. Almost every application to build a mosque or Islamic school occasions a NIMBY outcry from nearby residents, whose perceptions of Islam are based on stereotypes generated in the media. These are aided and abetted by right wing white power groups who stir up racial and religious hatred. Local Councils routinely refuse applications on tenuous grounds, resulting in delay and expensive appeals to the Land and Environment Court. Note for practical examples previous agitation over a prayer hall at Annangrove, recent approval of an Islamic school at Bass Hill and pending decision on Camden Islamic school. A review of NSW government policies which prevent sale of surplus NSW schools to independent schools is needed since it would avoid much difficulty if a suitable existing school could be purchased, instead of starting from scratch. Autopsies & burials - provision should be made for space for Muslim burials in new and existing cemeteries There should be provision for religiously sensitive training for coronial staff and a review of the law in this area to ensure that autopsies are not carried out routinely if unnecessary. Autopsies should be at the discretion of the Coroner. Employment law - Amendments should be made to employment law to require employers to make reasonable provision for employees religious obligations, by provision of a clean and quiet place to pray e.g. in office space or similar, and allowing time for attendance at Friday prayer (normally 1-2 pm Friday). Credit contracts and other financial issues it would be helpful to provide alternatives to interest in HECS and commercial contracts. Some Muslim students have been deterred from undertaking university studies because of a view that CPI clauses in HECS contracts amount to riba (interest). Muslims are forbidden from paying or receiving interest. An alternative fee structure could be used in HECS contracts and also in bank loan documents and other financial agreements. A study of Islamic financing agreements used in other countries could easily show the way to structure such agreements. Religion and the State practice and expression The Australian federal government and state governments should take a more pro-active stance in encouraging understanding and acceptance of diversity. This could include media campaigns promoting inclusion of all ethnic and faith groups, recognition of other faith festivals such as Diwali, Wesak day, the two Eids, and Jewish festivals as well as Christmas and Easter. A general public education campaign would assist in the interests of integration to raise awareness of issues which affect Muslims and members of other minority communities. For example some Muslims are reluctant to attend meetings in venues such as licensed clubs or pubs where alcohol is routinely served. This discourages mixing with the wider community. In the education system, curriculum, texts and educational materials should encourage greater inclusion with information about Islam and other major world religions. Government policies should discourage marginalisation. Young Muslim Australians have expressed a feeling of marginalisation due to media and government policies. They have made statements that although they would like to feel accepted as Australians, instead they often feel that they are presented only as cultural immigrants rather than Australians. Security issues in the aftermath of September 11 There should be a review of all anti-terrorism laws and their application by ASIO, AFP and similar bodies, especially as regards the Muslim community, with more visible oversight of the legislation and its implementation. Current laws have created a climate of fear among Muslims, specifically: There have been allegations of harassment by ASIO and similar bodies, including routine selection of Muslim women for bomb dust testing at airports and surveillance of persons attending particular mosques. All terrorism legislation should include a sunset clause. There is a need for transparency in relation to informal interviews with ASIO. The chain of association should be removed or made more transparent as very loose connections to a person watched by ASIO are frequently followed up with harassment and raids. Freedom of worship in mosques should be permitted as Muslims feel that there is a threat of being labelled as terrorists by association, through attending a suspect mosque, although it may be the nearest or only practical mosque, in order to fulfill religious requirements of attending Friday prayer. There should also be a review of the application of visa laws for foreign speakers when invited by the Muslim community. It has been noted that some well known Muslim intellectuals have been refused visas while known Islamophobe speakers such as Daniel Pipes and Melanie Phillips have been admitted to Australia to preach hatred against Muslims. Objective and transparent reasons for refusal of a visa should be given. There should be a review of law and regulations applicable to charities in relation to terrorism legislation. Muslims are required to donate to charity as part of their religious duties. Objective and transparent reasons for disallowing donations to particular charities should be given and alleged connections to actual terrorism threatening Australian interests proven, with a right to challenge such decisions. The interface of religious, political and cultural aspirations Provision of facilities for prayer It is commendable that multi-faith room are now available at some major public buildings including hospitals and universities. Multi-faith rooms should be available at all major public buildings and major sporting venues and particularly at Sydney domestic airport. Operators of such facilities should be encouraged to offer halal food at such venues. Provision of halal food and prayer facilities should also be made in hospitals and prisons. Staff in hospitals should be aware of gender issues eg female patients should be attended by female doctors and nursing staff wherever possible. Staff should receive training on religious/cultural sensitivities, especially for disabled Muslims. Muslim chaplains should be employed in prisons and major hospitals. Technology and its implications There is a need for a code of practice for media in relation to religious vilification and an adequate right of reply to persons/organizations vilified. This should include discouraging racial and religious profiling when same is not relevant to the offence. Also when a successful complaint has been made to the relevant media authority and an apology ordered, media should be required to give the same space and prominence to the apology as it gave to the article complained of. The media should be required to avoid inciting hatred against a particular ethnic or religious group. This should include adequate moderating of blogs and on-line or talkback comments. It should be an offence to incite racial or religious hatred by means of mobile phones, the internet and similar technology. Religion, cultural expression and human rights The government should not seek to interfere in the religious beliefs of particular religions or denominations. Adherents of different religions should be left to decide matters pertaining to their faith e.g. faith-based schools should not be obliged to employ people whose stated beliefs or lifestyle contravene those accepted by the religious community.     PAGE  PAGE 4 (*~ * /V9?MPZ]+,.89<=?ab~A]b  !ߝ hGh9KHhFh9KhsYh_Ih9K6h^h9K6HhFh9KhKJh9K6h7ch9K6hlh9K6 h+h9Khun hd6 h9K6h@?8h9K6h9Kh;j8h9K5H* h9K5334}~@ A ) * ./OP-.abgd9K1 2_`l m !""+##8$$>%o&())))v+x+--1-2-6.7.// & Fgd9Kgd9K!!!"""%%m&n&))*-*>*P*R*S*X****[+`+x+++++++++-2-.../{/|/M0N0~0111111111»jhm0!U h;j8h9Kh}Lrh9K5 h=Rh9K hpxSh9K h+h9KHhFh9K h}AZh9Khh9K6h&Ah=h}AZh9K6HhFh9KhunhD h9K5h9KHh Fh9K4/M0N0}0~011111111111111111 2 2 2 2 2h]hgd9K &`#$gd9Kgd9K111111111111112222 2 2 2 2h9Kh0JmHnHuh= h=0Jjh=0JUjhm0!Uhm0!5 01h:p9K/ =!"#$% @@@ N-NormalCJ_HaJmH sH tH DA@D Default Paragraph FontRiR  Table Normal4 l4a (k@(No List4@4 N-Header  !.)@. N- Page Number *B *34}~@A)*./O P *!!!!!!!!!!!! !!!!34}~@A)*./O P -.ab_`lm+8>o !!!!v#x#%%1%2%6&7&''M(N(}(~())))))))))))))))) * * **000000000000000000000000000000000000 0 0 0 0 0 0 00000000000000000000000000uX0000uX0000uX0000uX0000u0000@0@000X0034}~@A)*./O P -.ab_`lm+8>o !!!!v#x#%%1%2%6&7&''M(N(}(~()))))*000000000000000000000000000000000000 0 0 0 0 0 0 000000000000000000000000 $$$$$'!1 2 / 2 2  '!!8@0(  B S  ?T [ uw{ !%HS[#`### $ $)))))))))))) **[g9"A"$ $)))))))))))) **333333}} 9 L L `a??A]b "-">""""""<&<&&&&'{'|')))))))))))))))**""))))))))))))) **!K*lVgh^`OJQJo(hHh^`OJQJ^Jo(hHohpp^p`OJQJo(hHh@ @ ^@ `OJQJo(hHh^`OJQJ^Jo(hHoh^`OJQJo(hHh^`OJQJo(hHh^`OJQJ^Jo(hHohPP^P`OJQJo(hH!K*         O /Dm0!U2sY]xpl~&Aun=d9K. N*yO#l0@&&8- && *`@UnknownSilmaGz Times New Roman5Symbol3& z Arial?5 z Courier New;Wingdings 1h:զ:զA#LA#L!4))2QP+mU@@4LSUBMISSION ON BEHALF OF THE MUSLIM WOMEN S NATIONAL 8HC^'88'NHNHBBNHC<O<CNC^H8C'^dN^CH!8HHC'NHHC T "U@@ LtNETWORK OF AUSTRALIAHCCdNHMN<HH8CHHC'HTT B"U@@  LP 6 TT$#U@@LP 6 Rp@Times New RomanGz Times ew Roman < 0lN0(dv% TU@@ILThe Muslim Women s National Network commends the Australian Human Rights =2,Y2'N_2N,2!'H,22,H,H2!2,2NN,32'2,H2'!,,2H2N,2C12' T {U@@dLCommission for its initiatC2NN''22!2!'1+T  {U@@d6Live in establishing this inquiry. Australia now has a 2,2,',2'2212'222"0H2'",,22H2-', T\}U@@XLconsiderable proportion of citizens of different ethnic backgrounds, professing between ,22'2,!,2,3!222!222!,-,2'2!2!!,",2,22,2,,31!2222'3!2!,('212,I,,2 T@aU@@JSLthem all of the world s major religions. The policies of the past may no longer be 2,N,2!2,H2!2!'O,2!!,122'=2,22,,'2!2,2,'N.022231-!2, TcU@@Lappropriate to the future. This,22!22!,,22,!22!,=2'TcU@@>L inquiry gives all Australians the chance to have their voice 222"012,',H3'!,,2'2,,2,3,,22-2,2,!22,, T GU@@0 Lheard on these important issues.2,,!2222,(,N22!,2''2,'TTGU@@0LP - TTIU@@LP - T,-U@@PLThis submission has developed from a forum attended by representatives of seven =2''22N''222,'2,2,22,2!!2N,!2!2N,-22,230!,2",',2,2,'3!',2,2 T,/GU@@PLMuslim organisations and a number of independent Muslim individuals in Sydney onY2'N2!1,2',22',32,22N2,!2!22,3,22-2Y2'N22122,'29022.022TdH/U@@HLT 13 22 TD U@@TLDecember 2008. At this forum a number of issues of concern to the Muslim community H,,,N3,!2222H2'!2!2N,22N2,!3!''2,(2!,22,-!222,Y2'N,2&" WMFC 0pNN22/ TD 9 U@@o TLwere identified and suggestions made for overcoming some current difficulties. This H,!,2,2!,2,22'322,'22'N,2,!2!22-!,3N21'2N,,2"!,22!!-2,'=2' TD  U@@ TLsubmission does not purport to represent the views of any organisation except MWNNA.'22N''2222,'2222!22!2!,2!,(,22,2,H(2!,402"1,2(,22,3,,2Y_HHHTT  U@@ LP - TT l U@@U LP - % Tn  U@@ L|Religion and the State H,228288!8,8!2!,TTn  U@@ LP 2T\n  U@@ -L the Constitution, roles and responsibilities!8,H28'!!8!28,2,'288,,'828'7!,'TTn : U@@ LP 5 TT #R U@@= LP 6 % T|T  U@@ ]LS116 of the Constitution prohibits the establishment of any religion by the state. The state 82222!2,C22'2222!222'2,,',2'2N,22!,30!,122402,',,=2,',, TP 8 U@@! VLshould therefore remain impartial between religions and between those who do not hold '22222,!,!2",!,N,2N2,!,2,H,,2!,122',222,H,-222',H322222222 Td:  U@@ LTany ,30T\:  U@@ XLreligious belief. The state should not prevent the reasonable practice of any religion, !,122'2,,!=3,',,'2222222!,2,22,!,,'23,2,2",,,,3!,30!,122 Th @ U@@ ZLnor should it require people to abandon the practice of their beliefs in the interests of 22!'2222!,22!,2,32,2,2,22222,2",,,,2!2,!3,,!'22,2,!,''2! T  } U@@z NLsecularism. For example, it should not prevent Jews from wearing yarmulkes, Si',,2,!'N73!,3,N2,'2222222!,2,2(+H'!!2NH-,!310,!N22,'8T~  U@@~z L`khs from 22'!!2N % T\ U@@ -Lwearing turbans or Muslim women from wearing H,,!312!3,2'2!Y2'NH2N,2!!2NH-,!31Rp@Times New Roman#1 0|ˮ0`1 0Gz Times ew Roman / 0pˮ030lN0(dv% Tl U@@ LXhijab222% T U@@ Lp in public areas.2222,,!,,'TT .U@@ LP . TTwU@@`LP - % T0yU@@&LProhibition of religious vilification ='222222',222'+,222TTyU@@LP-!% TlyU@@0LThere is a need for a law prohibiting religious =2,!,',2,-2!2!,,H3!22221"-122' T ]U@@FNLvilification and discrimination in NSW and Commonwealth level. The government 2!,,22,222',!N2,222H8_,22C2NM22H,,2,2,=2,123-!2N,2 T_ U@@ L&" WMFC phshould recogn'2222!,,312T!_yU@@!LLize that there is a difference between legitimate criticism of religion and -,2,2-!,',2!",!,3,,2,I,-2,1N,,-!,'N2!!,122,22 T\gCU@@,XLreligious vilification. Current laws outlaw discrimination on racial grounds, including !,122'2!,,22C2"!,2,H'22,H2',!N2,2222!,,,1!2222'2,2221 TE U@@=Ldiscrimination against Jews & Sikhs who are classed as  ethno2',!N2,22,2,2'(+H'M822'H22,",,,(',2,'!,222TT E U@@ LP-"T E/U@@ Lxreligious groups but !,122'!2!222'22 T|e)U@@L\Muslims Y2'N'T,f)U@@fPLhave no protection since they come from a very large number of different ethnic 2,2,222!2,,22'2,,2.0,2N,!!2N,2,#0-"1,22N2,!3!2!!,",2,22, T,+U@@PLgroups. There is ample evidence that Muslims face widespread discrimination and 1!222'=3,!,',N2,-22,2,,2,Y2'N'!,-,H2,'2!-,22',!N2,22,22 % T U@@4Lharassment at times of overseas tensions (see HREOC 2,!,''N,2,N,'2!23,!',,',2'22'!(,,HC>HC% Td~ A U@@ LTIsma!'H2TTB Z U@@B LP % T[ nU@@[ Lreport, 2004) but no legal !,22!2222!3222,1, TU@@k Ldredress is a!,2!,''',T U@@k9Lvailable, especially to those Muslims who cannot rely on 3,,2,,'3-,,0222',Y2'N'H22,,222!,022T U@@ kL|legislative protection -1',2,2!2,,22 T|!U@@L\against ,2,2'Tp"U@@"LXrace d!,-,2T;U@@Lhiscrimination.',!N2,22TT<TU@@<LP TTUU@@ULP - TThU@@QLP - % TjU@@ L`Family law=2H,2C% TThU@@LP TThU@@LP 2TThU@@LP % Tj&U@@ILThere should be legal recognition of Islamic family law, at least to the =2,!,'22322,,2,!-,312222!',N,!,N0,H,-,'22, T- NU@@7;Lextent that agreements made as a result of Islamic mediatio,3,22,,1!-,N,2'N,2,,',!,'22! ',N,N,2,2T. nNU@@. 7Ln or arbitration voluntarily 22!,!2!,222222,!0 TPPlU@@VLagreed to by parties can be recognized and enforced in the same way that decisions of ,2!,,22403,!,'-,22,!,,312-,2,22,2!2"-,222,',N,H.03,2,,'22'2! T\4U@@XLShariah tribunals are recognized in the United Kingdom, subject to a right of appeal to 82,!,2!222,',",!-&WMFCp-212-,222,H2,2H2122N'22,,2,!122!,22,,2 T6 U@@5LFamily Court where the agreement appears to be manife7,N0C22!H3,!,3,-1",,N,2,23,-!'22,N,2!,T  6U@@ #Lstly unjust. At present, religious '0222'H2!-',2!,122' TPU@@VLwomen whose husbands refuse to divorce them are left in limbo and persons who wish to H2N,2H22',22'2,22'!,!2',2222",,2,N-",,!2N22,222,!'32'H22H'22 TtU@@v\Lsettle their difference peacefully according to religious principles are unable to do so if ',,2,!2!!,",2-,2,-,,!20,-,2!2312!,222'2!2,2,',!,23,2,222'2! TP U@@+Lthey wish their agreement to be legally enf2-0H'22,!-1!-,N,322,,2,0,2!T  U@@  L`orceable.2",,,2,TT 1 U@@ LP -% 666666666666666666666666666666666666 6 66 6  6 66 6  6 66 6  6 66 6  6 66 6 66666666666666666666  DJ."System-@Times New Roman- G2 s|(KDFREEDOM OF RELIGION AND BELIEF IN THE 21          @Times New Roman-2 kKDST-2 s KD CENTURY 2 scKD  2 |KD Y2 |4KDSUBMISSION ON BEHALF OF THE MUSLIM WOMENS NATIONAL             )2 |KDNETWORK OF AUSTRALIA     2 UKD  2 |KD @Times New Roman-y2 |IKDThe Muslim Womens National Network commends the Australian Human Rights                  22 |KDCommission for its initiat    \2 %6KDive in establishing this inquiry. Australia now has a          2 |XKDconsiderable proportion of citizens of different ethnic backgrounds, professing between           2 |SKDthem all of the worlds major religions. The policies of the past may no longer be w             :2 |KDappropriate to the future. This.   h2 B>KD inquiry gives all Australians the chance to have their voice   ;2 1| KDheard on these important issues.     2 1PKD  2 D|KD 2 W|PKDThis submission has developed from a forum attended by representatives of seven           2 j|PKDMuslim organisations and a number of independent Muslim individuals in Sydney on             2 jKD 13  2 }|TKDDecember 2008. At this forum a number of issues of concern to the Muslim community          2 |TKDwere identified and suggestions made for overcoming some current difficulties. This          2 |TKDsubmission does not purport to represent the views of any organisation except MWNNA.           2 KD  2 |KD -.2 |KDReligion and the State       2 KD O2 $-KD the Constitution, roles and responsibilitiesu         2 QKD  2 |KD -2 |]KDS116 of the Constitution prohibits the establishment of any religion by the state. The state          2 |VKDshould therefore remain impartial between religions and between those who do not hold            2 |KDany  2 XKDreligious belief. The state should not prevent the reasonable practice of any religion,       2 (|ZKDnor should it require people to abandon the practice of their beliefs in the interests of        2 ;|NKDsecularism. For example, it should not prevent Jews from wearing yarmulkes, Si            2 ; KDkhs from  -O2 N|-KDwearing turbans or Muslim women from wearing u       @Times New Roman-2 NKDhijabU-%2 NKD in public areas.S  2 NQKD  2 a|KD -D2 t|&KDProhibition of religious vilification     2 thKD- -S2 tn0KDThere is a need for a law prohibiting religious  2 |NKDvilification and discrimination in NSW and Commonwealth level. The government          2 | KDshould recogn  }2 LKDize that there is a difference between legitimate criticism of religion and          2 |XKDreligious vilification. Current laws outlaw discrimination on racial grounds, including          g2 |=KDdiscrimination against Jews & Sikhs who are classed as ethno        2 KD- ,2 KDreligious groups but  2 |KDMuslims  2 PKDhave no protection since they come from a very large number of different ethnic       2 |PKDgroups. There is ample evidence that Muslims face widespread discrimination and         -Y2 |4KDharassment at times of overseas tensions (see HREOC        -2 KDIsma 2 KD -42  KDreport, 2004) but no legal s   2 | KDredress is aa2 9KDvailable, especially to those Muslims who cannot rely on t      .2 AKDlegislative protection    2 |KDagainst   2 KDrace d 2 KDiscrimination.   2 2KD  2 6KD  2 2|KD -2 E| KDFamily law   - 2 EKD  2 EKD  2 EKD -y2 EIKDThere should be legal recognition of Islamic family law, at least to the o        d2 Y|;KDextent that agreements made as a result of Islamic mediation       72 YKDn or arbitration voluntarily e  2 l|VKDagreed to by parties can be recognized and enforced in the same way that decisions of         2 |XKDShariah tribunals are recognized in the United Kingdom, subject to a right of appeal to        [2 |5KDFamily Court where the agreement appears to be manife       @2 #KDstly unjust. At present, religious  2 |VKDwomen whose husbands refuse to divorce them are left in limbo and persons who wish to               2 |\KDsettle their difference peacefully according to religious principles are unable to do so if          L2 |+KDthey wish their agreement to be legally enfi       2  KDorceable. 2 KD -DDKKDDKKDDKKDDKKDDJJDDJJCCJJCCJJCCJJCCJJCCIICCIIBBIIBBIIBBIIBBIIBBHHBBHHAAHH՜.+,0 hp|   L)' 3FREEDOM OF RELIGION AND BELIEF IN THE 21ST CENTURY Title  !#$%&'()*+,-./012346789:;<=>?@ABCDEFGHIJKLMNOPQRSTUVWXYZ[\]^_`abcdefghijklmnopqrstuvwxyz{|}~Root Entry Fe1Table"u%WordDocument7BSummaryInformation(5TDocumentSummaryInformation8CompObjq  FMicrosoft Office Word Document MSWordDocWord.Document.89q