The Post

We need to talk about racism

- Al Gillespie law professor, Waikato University

It is highly commendabl­e that the prime minister and all of the important political parties are calling for a unified response to ensure the terror attack in Christchur­ch is never repeated.

Within this collective response is a forthright change to firearms law and a royal commission into the possible failings of the security services. The third leg of this agenda appears to be a review of hate crimes and the need for new laws in this specific area.

While the first two initiative­s should be welcomed, the third is falling short, although it is possible that the well-focused royal commission may conclude, among other things, that extra work is needed on the wider contextual questions related to the Christchur­ch attack.

To my mind, to ask the bigger questions is necessary because hate laws would not have stopped the murderer doing his heinous acts in Christchur­ch. By the time he started killing, he was already fully radicalise­d and putrid with racial hatred.

This means that if the goal is to stop the emergence of such evil in future, it is necessary to see if there was a swamp that nurtured him from which he emerged, or whether he was just an aberration.

This is not to argue against the need for specific legislatio­n on racist hate speech and hate crimes, beyond what already exists on the statute books.

The need for New Zealand to work harder in this area has been repeatedly highlighte­d internatio­nally, by the bodies that already monitor this country’s responses to its treaty obligation­s on this topic.

The failure of New Zealand to have more than a couple of prosecutio­ns in this area, despite law existing on this topic for nearly five decades, is almost unbelievab­le.

Even within New Zealand few

would argue that a new law on hate crimes should not be created.

However, many will argue about how to define ‘‘hate’’. While most would agree that physically threatenin­g and obscenely abusive language based around racism should be prohibited, any consensus will fall apart when debating whether simply offensive and/or insulting speech linked to different ethnic groups should also be considered ‘‘hate’’ and therefore prohibited.

If the country is about to descend into the debate foreshadow­ed in the above paragraph, and that discussion will replace a wider examinatio­n about racism and discrimina­tion in New Zealand, then a serious mistake is about to occur.

This is not the time to divide the country. This is a time to place the needs for hatecrime legislatio­n within a much larger basket of issues and responses that are needed to improve this country on the

particular considerat­ion of racism overall, of which new laws on hatespeech, despite being important, are only one part of the puzzle.

For that to occur, I believe a public inquiry, or royal commission, on racism in New Zealand is necessary.

Despite the distance between the 19th and the 21st centuries being large and the clear progress that has been made, despite the laws which look good on paper, and despite the good work done by our Human Rights Commission, this topic needs to be re-examined afresh – critically and independen­tly – away from the hands of politician­s.

Between the colourful comments of Taika Waititi, the fact that one in three complaints to the New Zealand Human Rights Commission are about racial discrimina­tion, and the horror of the attack in Christchur­ch, we have serious questions we should be brave enough to ask about our own society.

Others will disagree with this propositio­n, and deny we have a general problem of racism that needs to be examined. The truth of the matter is that neither side really knows definitive­ly if there is a problem, and if so, its scale.

The only way to find answers to this is to have a public inquiry on racism. This needs to take stock of where we have come from, where we are, and where we are going. It needs to cover racism and discrimina­tion, wherever it is found – or not – in the past, and in the present (from the street, to the workplace to the internet) –for any New Zealand citizen.

Any such inquiry then needs to show how these problems are avoided or created. Successes need to be showcased, as much as failures. If failures are found, then the direct and indirect consequenc­es of them need to be shown.

Finally, and most importantl­y, if more work is required to defeat the scourge of racism, exactly how this should be done, such as via targets and indicators which could be incorporat­ed directly into law and policy, needs to be clearly set out.

We have serious questions we should be brave enough to ask about our own society.

 ??  ??

Newspapers in English

Newspapers from New Zealand