Australia 2016 International Religious Freedom Report Executive Summary
Australia 2016 International Religious Freedom Report Executive Summary
Australia 2016 International Religious Freedom Report Executive Summary
EXECUTIVE SUMMARY
The constitution bars the federal government from making any law that imposes a
state religion or religious observance, prohibits the free exercise of religion, or
establishes a religious test for a federal public office. In August the Australian
Capital Territory parliament passed legislation making it a crime to vilify someone
based on his or her religion. In January the Victoria state government removed
religious instruction from the public school curriculum and allowed students
wishing to attend religious classes to do so during lunchtime or before or after
school for 30 minutes. The Queensland state government suspended a Bible-based
school program while reviewing its use in public schools. The campaign platform
of the One Nation Party, which had four senators elected during the July federal
elections, included cessation of Muslim immigration and limits on some Islamic
practices. The prime minister stated his commitment to an inclusive multicultural
society which is based on mutual respect. The government continued to run
extensive programs to support religious pluralism.
The U.S. embassy and the U.S. consulates general in Melbourne, Perth, and
Sydney regularly engaged government officials and a wide range of religious
leaders, faith communities, and groups to promote religious freedom. Embassy
and consulate general officers at all levels, including the Ambassador, engaged
with religious communities and promoted religious tolerance in person and through
social media.
The U.S. government estimates the total population at 22.9 million (July 2016
estimate). According to the 2011 census, 61 percent of residents are Christian,
including 25 percent Roman Catholic and 17 percent Anglican. Buddhists
AUSTRALIA 2
constitute 2.5 percent of the population; Muslims 2.2 percent; Hindus 1.3 percent,
and Jews 0.5 percent. Eight percent either did not state a religious affiliation or
stated other religious affiliations such as new age, not defined, or theism,
while 22.3 percent report having no religious affiliation.
The census indicated indigenous persons constitute 2.5 percent of the population,
and that 1 percent of indigenous respondents practice traditional indigenous
religions. Among this group, affiliation with a traditional indigenous religion is
higher in very remote areas (6 percent) than in all other areas (less than 1 percent).
Approximately 60 percent of indigenous respondents identify themselves as
Christian and an estimated 20 percent report having no religious affiliation. The
remainder either did not state a religious affiliation or stated other religious
affiliations.
Legal Framework
The constitution bars the federal government from making any law that imposes a
state religion or religious observance, prohibits the free exercise of religion, or
establishes a religious test for a federal public office.
There are certain legal limitations on the right to religious freedom, including the
necessity of protecting public safety, order, and health, or the fundamental rights
and freedoms of others. Individuals who suffer religious discrimination have
recourse under federal discrimination laws or through the court system and bodies
such as the Australian Human Rights Commission.
The state of Tasmania is the only state or territory whose constitution specifically
provides citizens with the right to profess and practice their religion; however,
seven of the eight states and territories have laws prohibiting discrimination on the
basis of a persons religion or ethnoreligious background. South Australia is the
only state or territory that does not explicitly prohibit discrimination on the
grounds of religion. All other states and territories have independent agencies to
mediate allegations of religious discrimination. In August the parliament of the
Australian Capital Territory passed legislation making it a crime to vilify someone
based on his or her religion.
Religious groups are not required to register. To receive tax-exempt status for
income or other benefits and an exemption from the goods and services tax (sales
tax), however, nonprofit religious groups must apply to the Australia Tax Office
(ATO). Registration with the ATO has no effect on how religious groups are
treated, apart from standard ATO checks. To receive tax-exempt status, an
organization must be a nonprofit entity. An organizations activities, size, and
permanence are some of the factors taken into account when determining its tax-
exempt status.
In January the Victoria state government removed religious instruction from the
public school curriculum. Students in Victoria can attend religious classes on
school grounds for a maximum of 30 minutes per week, but only during lunchtime
or in the hours before or after school.
The country is a party to the International Covenant on Civil and Political Rights.
Government Practices
Four senators from the One Nation Party were elected during the July federal
elections on a platform which included ceasing Muslim immigration, holding a
royal commission on Islam, halting construction of mosques, installing
surveillance cameras in mosques, banning wearing of the burqa and niqab in public
places, and prohibiting members of parliament from being sworn in under the
Quran. In her first senate speech, One Nation Party Leader Pauline Hanson said
the country was in danger of being swamped by Muslims. Prime Minister
Malcolm Turnbull disagreed with her views and said my commitment is to an
inclusive multicultural society which is based on mutual respect. The more we
respect each other the more secure we become.
Bill Shorten who stated such actions were taking the country down the wrong
path and the wrong direction.
In June the federal High Court rejected a request to hear an appeal against the
construction of a mosque in Bendigo. The Australian Muslims of Bendigo issued
the statement: we believe the decision is in line with every Australians
constitutional right to practice their faith. Premier of Victoria Daniel Andrews
welcomed the High Courts decision. In 2015, local residents opposed decisions
providing for the construction of the mosque, reportedly for zoning reasons.
Others reportedly opposed the construction of mosques in general.
In April the local council blocked approval for the building of a mosque in
southeast Melbourne amid opposition from nationalist groups and local residents.
The local government said the mosque should not be built due to its size and
because it would not fit in with the local landscape, but critics said the decision
represented community and nationalist backlash against Muslims.
In November Orthodox Jews in the northern Sydney suburb of St. Ives won
approval to retain an eruv, a wire cable attached to power poles which extends the
private dwelling [in terms of religious practice] to an area encompassing a few
blocks or more, giving Orthodox Jews freedom to participate in community
activities on the Sabbath. Several Christians spoke up in defense of the eruv,
stating there is no place for exclusion, discrimination, or anti-Semitism.
Public and private schools in New South Wales worked to implement the state
governments A$47 million ($34 million) School Communities Working Together
program, released in 2015, to help at-risk schools counter antisocial and extremist
In May the University of Sydney student union withdrew its threat to deregister a
religious organization after Christian, Buddhist, and Muslim groups joined together
to advocate for amending the unions regulations to allow declarations based on
faith as a condition of membership and leadership of faith-based groups on
campus.
In June Prime Minister Turnbull became the first sitting prime minister to host an
iftar and stated the Australian Muslim community is valued and respected and it
is not confined to a narrow security prism you are an integral part of an
Australian family that rests on the essential foundation of mutual respect and
understanding.
Religious tolerance advocates and those who opposed the spread of Islam held
competing demonstrations in Melbourne during the year. Police made arrests
following violence between the groups during protests in May and July.
Over 300 incidents were reported in the first 12 months of the Islamophobia
Register Australia, which was founded in September 2014 as an online resource for
victims and witnesses of anti-Muslim attacks. The register was designed to
provide a means to report and record incidents of anti-Muslim sentiment to inform
the media and public. The figures represented an average of 5.4 incidents per
week. A spokesman for the Melbourne Islamic Community stated the register
showed an increase in the frequency of anti-Muslim attacks.
In June vandals burned a car and painted anti-Muslim graffiti outside a Perth
mosque during prayer. In the same month, vandals defaced another Perth mosque
with graffiti and left a pigs head outside its main entrance. In July an Adelaide
mosque was vandalized with anti-Muslim and Nazi symbols. In April swastikas
were painted on a synagogue and on bus stops in a Sydney suburb. Authorities
made no arrests in connection with these incidents.
The U.S. embassy and consulates in Melbourne, Perth, and Sydney met with
government officials from the federal and state-level departments of social services
and multicultural affairs to promote religious freedom and tolerance programs.
They also engaged a wide range of religious leaders, faith communities, and
groups including the Islamic Council of Victoria and the Australia Arab
Association of Perth. The embassy and consulates general used social media
platforms to increase awareness of U.S. policy and activities supportive of
religious freedom through posting and sharing of articles and events.
In June the Consul General in Melbourne hosted a youth iftar. Interfaith attendees
included youth and community leaders from throughout the state of Victoria. The
event focused on building tolerance through the inclusion of people from other
religious groups.
The Consul General in Perth gave an address at the Australia Arab Associations
Multicultural Eid al-Adha events to celebrate diversity.