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The Guardian
16-02-2025
- Politics
- The Guardian
Australia is going backwards on race but ‘social cohesion' is not the answer, warns commissioner
The ABC is at risk of isolating its workforce and diverse communities, the race discrimination commissioner has warned, saying the broadcaster's handling of the unlawful termination case brought by Antoinette Lattouf has not been a 'positive step'. Giridharan Sivaraman, who was appointed the race discrimination commissioner in 2024, also warns there has been a 'visceral increase' in racism in Australia in recent years, and says that the country is 'going backwards'. Sivaraman, speaking with Guardian Australia as a series of antisemitic and Islamophobic attacks has shaken Jewish and Muslim communities, is critical of the federal government's plan to introduce mandatory sentences for hate crimes, warning they are 'a real recipe for injustice'. He is concerned that racism could shape campaigns for the upcoming federal election, and is urging political leaders to avoid 'weaponising' issues for political gain. Lattouf was hired as a fill-in presenter on ABC Sydney radio in December 2023 and taken off air three days into a five-day contract after she posted on social media about the Israel-Gaza war. She lodged the suit after the Fair Work Commission found she had been sacked, with the case currently before the federal court. The public broadcaster prompted a furious backlash last week from community groups and among its own staff when it argued that the onus was on Lattouf to prove the existence of a Lebanese, Arab or Middle Eastern race as part of her unlawful termination suit. On Tuesday, following the outcry, the ABC amended its legal defence to say that they accepted 'Lattouf is a person of Lebanese and Arab and Middle Eastern descent'. The controversy followed a 2024 review into racism at the organisation, which detailed anonymous examples of overt and covert racism at the ABC, including the use of racial slurs, offensive comments about a person's appearance, stereotyping, lack of opportunities and mistaking someone for a more junior person based on their racial appearance. The outgoing managing director, David Anderson, had apologised to staff and committed to accept in principle all 15 recommendations made by the review. But in light of the damage done by the legal argument made in court, Sivaraman says it is imperative the ABC acts on the review, or risks struggling to 'regain the trust of its workforce, particularly its racialised workforce, and the communities that it's meant to be working with, especially racialised communities'. 'It really should be acting to a higher standard than others and needs to maintain that in mind,' he says. While Sivaraman acknowledges the review itself was a 'strong step', he stresses: 'Saying that you're going to commit to something doesn't mean anything if you don't actually take the steps required to do it. 'And part of that are the public positions you take on issues of race … Saying that someone needs to prove their race is clearly not a positive step or one that is in the vein of what [it] was they claimed that they would do once that review into racism was released.' A spokesperson for the ABC said work to implement some of the recommendations from the report had 'progressed'. 'As we stated last year, we are committed to implementing the recommendations of the Listen Loudly, Act Strongly review and work has progressed, with a number of recommendations already implemented and a number underway.' Sivaraman has criticised the federal government's recent move to set mandatory jail terms for terror crimes and displaying hate symbols, a breach of the Labor party's previous platform. The prime minister, Anthony Albanese, recently explained that the laws were introduced because he wanted to see people 'held to account'. 'I want the entire parliament to work together to make sure that we stamp out antisemitism, that we hold people to account for what are crimes.' But Sivaraman notes that the Australian Human Rights Commission 'has always opposed' mandatory sentences. 'They can be a real recipe for injustice, and they undermine the ability of courts to ensure that the punishment fits the particular crime,' he says. 'We think that courts are best placed to consider all the relevant circumstances before imposing an appropriate penalty.' The consequences of imposing mandatory sentences in these instances could be felt, he adds, by people from 'disadvantaged backgrounds'. With the election due in months, Sivaraman says the current political context makes it especially important that political and cultural leaders be 'careful they don't dehumanise marginalised communities'. He says while discussing issues such as immigration and housing is important, it is equally important that politicians remain wary of causing 'panic' and 'normalising' racism. 'We shouldn't use dehumanising rhetoric that can often desensitise the public, can normalise racism and create a kind of panic and that is then used against racialised people.' Political rhetoric that devolves into racism is a 'good example of how a structural issue gives permission to interpersonal racism to occur', he says, 'because if your leaders can do it, then people will think anyone can do it'. 'Leaders should set themselves to a higher standard than everyone else.' But Sivaraman is also at pains to emphasise that he believes the concept of 'social cohesion' is not a constructive way to approach issues of racism and marginalisation. The term has been heard from various political figures in recent months, including the prime minister, when he urged pro-Palestine protesters to avoid holding rallies to mark the anniversary of the 7 October Hamas attacks. 'It is not a time to raise the temperature. It's a time to try to make sure that social cohesion in Australia is valued,' he said at the time. Albanese had used the term a year earlier, in December 2023, saying Australia's 'social cohesion is absolutely critical. And we need to bear that in mind in all of our actions.' In July 2024, the PM announced Peter Khalil as the first special envoy for social cohesion, saying: 'We know that in today's climate, there is a great deal of concern about disharmony.' But Sivaraman says the term erases conversations about structural racism. 'It's just a buzzword,' he says. 'We need to be able to get along, but part of that is having difficult conversations sometimes, and we don't. We shouldn't get along at the expense of pretending racism doesn't exist, and that's the key.' He says the widespread use of the phrase 'social cohesion' is because 'people don't want to use the word race [or] racism'. The AHRC's audit of anti-racism work across all levels of government, federal, state and local, revealed 'a huge reluctance to use the word,'' he adds. 'I'm a bit sick of people telling me, 'Stop talking about racism, because you're disrupting the social cohesion'.'
The Guardian
12-02-2025
- The Guardian
Antoinette Lattouf v ABC hearing live: final witnesses to give evidence as court battle resumes
'Pressure coming from higher up' Show key events only Please turn on JavaScript to use this feature Antoinette Lattouf arrives for day seven of hearing Antoinette Lattouf was recruited to host the Mornings show on ABC Radio Sydney for five days in December 2023. Photograph: Dan Himbrechts/AAP However, the 41-year-old was let go following three days on air after sharing an Instagram post by Human Rights Watch. Photograph: Dan Himbrechts/AAP Share Green tells the court she saw Lattouf in a state of distress after she was sacked and she agreed that she had said words to the effect that she 'had tried to stop them' and she was sorry. The two women spoke in a board room and Green told Lattouf there was 'pressure coming from higher up'. I said there was pressure for her to be removed from the Monday. 'And I understood it had been referred up,' Green says. 'I already said there was pressure from, pressure from the Monday to get rid of Ms Lattouf' Green says she told Green it was not Ahern's decision but it came from higher up. Share Green felt there was nothing wrong with Instagram post from Human Rights Watch, court hears Green disagrees with Boncardo over whether she used the word 'impartial' in her conversation with Lattouf. Boncardo: 'Do you agree that you said something to the effect that it was probably best she keep a low profile on social media? Green: 'Yes. Boncardo: 'And maybe best not to post anything at all.' Green: 'Yes. Green agrees she may have told Lattouf not to post anything 'controversial' or 'unbalanced'. Green agrees she told Lattouf she could post facts from 'reputable sources'. This matches the evidence Lattouf gave last week. Green also says she told Steve Ahern she did not think there was anything wrong with the Instagram post from Human Rights Watch. Ahern is the former head of ABC Sydney local radio. He hired Lattouf for five days in December 2023. Share Elizabeth Green says she told Lattouf to be 'mindful' about social media posts Elizabeth Green, Lattouf's line manager in December 2023, is the first witness. She tells the court she is currently the executive producer of the Drive program on ABC Sydney local radio. Lattouf's barrister, Philip Boncardo, is taking Green back to 18 December when her manager, Steve Ahern, first told her that there had been complaints about Lattouf being hired by the ABC. Green agrees that she spoke to Lattouf on the telephone and told her that had been complaints but that she had not read them but she imagined they were from the pro-Israel lobby. 'I said that she should avoid posting,' Green said. 'I mean, I remember saying that she should be mindful. 'Well, I would say that she should avoid posting anything related to the Israel-Palestine situation. 'I said I thought she was doing a good job on the show.' Share Justice Darryl Rangiah asks media to comply with suppression order The court is now in session and Justice Darryl Rangiah started by asking any media who may have published the names of some of the people who complained about Lattouf to comply with his suppression order last week. 'I made a suppression order last Monday, the solicitors acting for the applicants who sought the suppression order have written to the court asserting that a particular media organisation has published articles which disclose the identities of those protected by the suppression order,' he said. Share What we can expect Justice Darryl Rangiah will need to run a tight ship to get through the three remaining witnesses and ensure the trial finishes today. The three who are still to give evidence in the unlawful termination trial are all current managers from the ABC who were involved in events surrounding and leading up to the Lattouf dismissal in some way. Simon Melkman was the ABC's acting editorial director in December 2023 and appears to be the coolest head in the saga, advising management that there was no basis for removing Lattouf when concerns first arose on the Monday of her first shift hosting Mornings. The concern was sparked by emailed complaints, to managing director David Anderson and chair Ita Buttrose, now known to be, at least in part, a co-ordinated campaign by a group named Lawyers for Israel. Ben Latimer was the head of audio/radio at the time, reporting to Chris Oliver-Taylor as head of content. He was later elevated to director of audio by chair Kim Williams and now sits on the executive. Latimer is the manager who spotted Lattouf's post on Instagram about Human Rights Watch and alerted Oliver-Taylor to it on the Wednesday. Within hours Lattouf had been dismissed. Elizabeth Green was Lattouf's line manager and the woman tasked with relaying instructions from Oliver-Taylor on the Tuesday and the Wednesday. Evidence has so far been contradictory about what Green was supposed to say and what she did say. Lattouf has described Green as sympathetic to her and described how they cried together at the lifts when Lattouf was told to leave. Ben Latimer was head of ABC audio/radio at the time Lattouf was working as a casual. Photograph: ABC Share Hi, I'm Amanda Meade, and I'll be watching day seven of the Antoinette Lattouf v ABC unlawful termination claim. We will bring you all the evidence as it unfolds from 10.15am. Today we will hear from the remaining three ABC witnesses: Simon Melkman, Ben Latimer and Elizabeth Green. Share
The Guardian
11-02-2025
- Politics
- The Guardian
Antoinette Lattouf v ABC hearing live: federal court judge ‘deeply unhappy' broadcaster made public an unredacted affidavit
Show key events only Please turn on JavaScript to use this feature Justice Darryl Rangiah has opened proceedings by stating he is 'deeply unhappy' that the ABC filed an unredacted version of Chris Oliver-Taylor's affidavit despite a federal court order that the names of the people who complained to the ABC about Antoinette Lattouf should remain private. On Monday the court uploaded an affidavit that was not redacted and the names and details of the Jewish people were made public, before the mistake was realised and the document was taken down. Rangiah says: The court is entitled to expect that the information provided to the court by the parties is accurate. The people who are the subject of the suppression order are entitled to expect that the confidentiality of their identification and contact details will be maintained by the parties. ABC barrister Ian Neil SC apologises for what he says was 'human error': As leading counsel responsible for the presentation of the respondent's case, I stand before you this morning to tender my personal apology for what has happened. Share Former ABC chair Ita Buttrose will be today's star witness There are still five witnesses to give evidence after two days were added to last week's original five-day schedule. The star witness today is former ABC chair Ita Buttrose. The court has previously heard details of emails in which it appears she was urging management to remove Lattouf from air after receiving dozens of complaints about her employment. The former ABC chair Ita Buttrose is due to give evidence today. Photograph: Emma Brasier/Women in Media But first up today is the former head of ABC Sydney local radio Steve Ahern, the man who hired Lattouf for five days in December 2023, a decision described as 'a negligent error of judgement' by the managing director, David Anderson. Last week Anderson told the court he believed Lattouf should never have been appointed as a casual radio host because of her 'partisan view on Israel-Gaza'. On Friday the court heard Chris Oliver-Taylor, the ABC executive who sacked Lattouf for sharing a Human Rights Watch post, felt 'pressure from above' after Buttrose sent him all the complaints she was receiving. 'The pressure was now building, the concerns were rising,' Oliver-Taylor said of the situation on 19 December 2023 after Buttrose wrote to him directly and said she would be forwarding on all complaints she received about Lattouf. To catch up on how things wrapped on Friday, here's our report: Share Lattouf trial reveals an ABC so paralysed by process even its managers can't keep up In case you missed it, Hugh Riminton on Saturday wrote about the first week of the federal court hearing: If one thing has emerged from journalist Antoinette Lattouf's quixotic battle with the ABC over her sacking 14 months ago, it is that the public broadcaster appears to be so weighed down by procedures, policy codes and guidelines that even senior management can't keep up. Read Riminton's take on events here: Share Hi, I'm Amanda Meade, media correspondent at Guardian Australia, and I'll be watching day six of the Antoinette Lattouf v ABC unlawful termination claim. We will bring you all the evidence as it unfolds from 10.15am. Over today and Wednesday we will hear evidence from the remaining five witnesses, all from the ABC: Ita Buttrose, Steve Ahern, Simon Melkman, Ben Latimer and Elizabeth Green. Share
