Australian Human Rights Commission investigates alleged racial discrimination by NSW government | New South Wales politics
The Australian Human Rights Commission is investigating a complaint against the New South Wales multiculturalism minister and his department over allegations of racial discrimination against organizations representing South Asian Muslims and caste-oppressed Hindu communities.
The Human Rights Commission accepted a complaint to investigate Steve Kamper and his department last month, according to an email seen by Guardian Australia.
The Human Rights Commission may accept a complaint if it is “reasonably arguable” that the alleged conduct constitutes unlawful discrimination.
The complaint, filed in December by the Alliance Against Islamophobia and the Periyar Ambedkar Thoughts Alliance of Australia (Patca), alleges that Kamper and Multicultural NSW failed to investigate the groups’ claims about the Hindu Council of Australia. It was also argued that both minimized concerns voiced by Muslim and caste-oppressed communities.
In a separate complaint lodged with the Human Rights Commission, the Alliance Against Islamophobia alleged that the Australian Hindu Council had repeatedly included examples of Islamophobia in social media posts.
Surinder Jain, spokesperson of the Hindu council, said it was not against any community or faith group.
“HCA does not support or engage in discrimination of any kind,” Jain said.
The complaint alleges that Kamper and the department continued to support the Australian Hindu Council’s position on the NSW Faith Affairs Council – an advisory body to the government made up of representatives of 12 religions – after it was learned in December that the Human Rights Commission had accepted a complaint against the Hindu group.
Jain said the complaint “gives no reason why the HCA should not maintain its public role in the Faith Affairs Council of NSW”.
“HCA takes this role very seriously and (in its respectful opinion) remains qualified to fulfill it,” he said.
The Alliance Against Islamophobia and Patca also alleged that Kamper and the ministry failed to meet with community leaders to “address widely reported incidents of caste-based discrimination and harassment perpetrated by individuals committed to Hindu nationalist ideology.”
The complaint also outlines allegations that Multicultural NSW failed to make any reference to caste-based discrimination in its 2023 and 2024 community relations status reports, despite the “existence of significant community concerns” and the “legal requirement to report on matters affecting community cohesion”.
He also claimed that there was no reference to Hindu nationalist extremism in these reports.
A spokesman for Kamper said the minister was aware that a complaint had been made to the Human Rights Commission.
“The NSW government is committed to ensuring all communities feel respected and supported and discrimination of any kind has no place in NSW,” the spokesperson said.
“Multicultural NSW has met with the complaining organization on a number of occasions to hear their concerns and discussed the issues they raised with them at length.”
Guardian Australia had previously reported concerns among the Indian diaspora over caste discrimination in Australia remain systemic, according to recent research.
Community leaders also expressed fears about divisions within the Indo-Australian community; Some Hindu nationalists use Facebook and WhatsApp groups to spread divisive rhetoric targeting minority groups, including Sikhs and Muslims.
The Human Rights Commission’s complaint alleges a breach of section nine of the Racial Discrimination Act, which makes it illegal to conduct conduct that involves exclusion, restriction or preference based on race, colour, descent or national or ethnic origin.
However, according to the email seen by Guardian Australia, the commission did not accept the complaint’s allegation that section 18C of the act had been breached and said it did not provide information on a reasonably arguable allegation of racial hatred.
The Commission may facilitate a conciliation process between the parties to resolve the complaint, but cannot decide whether unlawful discrimination has occurred. If a complaint is not resolved or sustained, complainants may file a lawsuit in federal or district court.
Multicultural NSW has been approached for comment.
