Racial discrimination may be in order

The Aboriginal community in general terms are well and truly at the bottom of the ladder when it comes to how they conduct themselves, raise their children and protect each other. Rates of unemployment, rape, petty crime and domestic violence among Aborigines, particularly in northern Australia, tower above other racial groups.

In this context, the elimination of all forms of racial discrimination should not be accepted as gospel. It might sound like a nice concept in university lecture theatres and inner-suburban cafés, but strict application of the principle denies us the ability to do what is best for a racial group in particular circumstances.

A little bit of racial discrimination can go a long way. For those Aboriginal women and children who have faced beltings, taunts and fierce sexual abuse under the guise of customary law, recognition of such disgraceful laws within our legal system is a heavy burden rather than a cultural bonus. What they have experienced is something much worse than racial discrimination.

The Howard Government thus must proceed with its push to have customary law removed from consideration in sentencing cases. To do so, the Racial Discrimination Act should be amended to make clear that it does not apply to sentencing factors adopted in state and territory legislation.

The Racial Discrimination Act was inspired by the United Nations’ Convention on the Elimination of All Forms of Racial Discrimination. The charter establishing the United Nations states that it upholds “the principles of the dignity and equality inherent in all human beings”.

Yet, if we are to do nothing, accepting that the UN-inspired Racial Discrimination Act is a barrier to outlawing the recognition of shameful practices carried out upon Aboriginal women and children in their communities, upholding dignity and equality for the privileged will be the cost our nation bears for forcing elimination against racial discrimination upon a community that may just need some.

Sometimes you have to help those who cannot help themselves.