Alfred+Deakin+Institute+Submission+to+Inquiry+on+Nationhood,+National+Identity+and+Democracy

Alfred Deakin Institute for Citizenship and Globalisation, Deakin University Submission to the Inquiry into Nationhood, national identity and democracy Submitted 30 September 2019 Overview: Multiculturalism, Citizenship & Migration in Australia Australia is generally viewed, with good reason, as being home to one of the world’s most successful multicultural societies encompassing an extraordinarily ethnically and culturally diverse citizenship Numerous comparative studies, including research conducted by researchers at the Alfred Deakin Institute (ADI) have shown that Australia has done very well managing migration settlement, diversity governance, and intercultural and interfaith relations, as well as creating pathways for upward social mobility for migrants and their children Like all nations, however, there remain significant gaps between our stated ideals and our lived reality, especially regarding our past and present treatment of indigenous Australians, the ghost of the White Australia policy, and in the everyday experiences of discrimination and racism in the present day Similarly, whilst our parliaments, councils, boardrooms and television studios give evidence of greater diversity than ever before, Australian leadership, institutions, media and popular culture continue to reflect an outdated, Anglo-centric image of Australian society that is at odds with the demographic reality of super-diversity Nevertheless, it is important to recognise that these challenges are not solely the failings of multiculturalism, and that the shrill voices of the small minority decrying multiculturalism are, whether wilfully or out of ignorance, misguided in assigning blame.2 In order to respond optimally to the challenges facing Australia around issues of identity, citizenship and the building of an inclusive, Mansouri, Fethi, Johns, Amelia and Marotta, Vince 2017, Critical global citizenship: contextualising citizenship and globalization, Journal of citizenship and globalisation studies, vol 1, no 1, pp 1-9, doi: 10.1515/jcgs-20170001 Mansouri, Fethi and Kirpitchenko, Liudmila 2016, Practices of active citizenship among migrant youth: beyond conventionalities, Social identities, vol 22, no 3, pp 307-323, doi: 10.1080/13504630.2015.1119680 Johns, Amelia, Mansouri, Fethi and Lobo, Michele 2015, Religiosity, citizenship and belonging: the everyday experiences of young Australian Muslims, Journal of Muslim Minority Affairs, vol 35, no 2, pp 171-190, doi: 10.1080/13602004.2015.1046262 Grossman, Michele 2013, Prognosis critical: resilience and multiculturalism in contemporary Australia, M/C journal: a journal of media and culture, vol 16, no Deakin University CRICOS Provider Code: 00113B Alfred Deakin Institute for Citizenship and Globalisation Melbourne Burwood Campus, 221 Burwood Highway, Burwood, VIC 3125 adi@deakin.edu.au adi.deakin.edu.au resilient and multicultural society, it is important to recognise that despite some persistent and emerging challenges, Australia is generally regarded as having an overall positive record in this area.3 We must be careful, on the one hand, not to succumb to exaggerated fears and anxieties based on misperceptions, and on the other hand, to nurture understanding, respect and trust With this in mind, this submission gives particular attention to the unintended as well as intended consequences of policies on the nurturing of intercultural understanding and government-community trust Australian society has undergone significant demographic change in recent decades Such changes are not always universally welcomed, and the idea of multiculturalism prompts concerns in some segments of society The Fitzgerald Report of 1988 noted societal concerns and recorded suggestions from some that “Multiculturalism has come to be seen as something for immigrants and ethnic communities only, and not for the whole of Australia.”4 Such views, however, remain on the edges The Scanlon Foundation’s most recently published ‘Mapping Social Cohesion’ report notes that despite demographic shifts, the idea of multiculturalism is broadly accepted and that key indicators of social cohesion remain strong (albeit with some caveats).5 The demographic changes in Australia are largely a result of inbound migration In 2018, around 29% of the population of 25.5 million were born overseas; making a total of 7.4 million migrants living in Australia.6 With around half of all Australians having one or more parents born overseas, the impact of migration on shaping personal and collective identity is far-reaching This compares with the USA where 15% of the national population of 330 million were born overseas The countries most comparable to Australia are Canada, where 22% of 36 million were born overseas, and New Zealand where 25% of million were born overseas But importantly, Australia’s diversity is becoming more complex (super-diverse to use Steven Vertovec’s term) in terms of the multiplicity of affiliations, the intersecting nature of identity claims and the engagement with more sophisticated forms of transnational practices and ties Australia’s long-standing and successful migration program continues to be a major source of the country’s social, economic and cultural fabric But there has been a notable shift in the source countries from which the majority of arrivals now come While those from the UK continue to be the largest group of overseas-born living in Australia (992,000), this is a community largely formed out of much earlier waves of migration The second largest overseas-born community is the Chinese (651,000), this is predominately a much younger community (having grown strongly since 2002) The Mansouri, Fethi and Halafoff, Anna 2014, Introduction to the special issue “Migrant youth, intercultural relations and the challenges of social inclusion”, Social inclusion, vol 2, no 2, pp 1-4 Mansouri, Fethi and Vergani, Matteo 2018, Intercultural contact, knowledge of Islam, and prejudice against Muslims in Australia, International journal of intercultural relations, vol 66, pp 85-94, doi: 10.1016/j.ijintrel.2018.07.001 Grossman, Michele 2014, Resilient multiculturalism? diversifying Australian approaches to community resilience and cultural difference In Mansouri, Fethi and de B'Beri, Boulou Ebanda (ed), , Routledge, London, Eng., pp.161-180 Galligan, Brian ‘Australian Citizenship in a Changing Nation and World.’ In Mann, Jatinder (Ed.) Citizenship in Transnational Perspective Australia, Canada, and New Zealand 89 Markus, Andrew ‘Mapping Social Cohesion, 2017.’ Scanlon Foundation 2019 Australian Bureau of Statistics ‘Migration Australia 2017-18.’ https://www.abs.gov.au/AUSSTATS/abs@.nsf/0/66CDB63F615CF0A2CA257C4400190026?Opendocument Deakin University CRICOS Provider Code: 00113B Alfred Deakin Institute for Citizenship and Globalisation Melbourne Burwood Campus, 221 Burwood Highway, Burwood, VIC 3125 adi@deakin.edu.au adi.deakin.edu.au third is Indian-born (592,000), also a relatively young community having recently overtaken the longer-established community of New Zealand-born Australians (568,000).7 Migrant arrival numbers continue to remain high, contributing a net increase to Australia's population of 237,200 people in 2018.8 It is notable that considering these arrival numbers, Australia ‘has a long record of inclusive citizenship based on the notion that those admitted as permanent residents are expected to participate in national life as full equals.’9 Indeed, alongside Canada and New Zealand, Australia is ranked as the most receptive to immigration.10 Similarly, it is well established in the literature that immigration has economic benefits for Australia, the IMF estimating that Australia’s migration programme will boost GDP growth by between 0.5-1 percent annually from 2020-2050.11 Indeed, ‘Immigration contributes significantly to Australia's economy Income tax alone from recent immigrants topped more than $80 billion [in a year].’12 Success of Multiculturalism in Australia There are several evidence-based indicators pointing to the success of multiculturalism in Australia OECD studies clearly demonstrate that the children of immigrants in Australia attain better average educational results than the children of native-born Australians.13 Australia also boasts a high level of civic integration with around 80% percent of immigrants who reside here for over 10 years choosing to become Australian citizens.14 Australia is consistently viewed by migrants as being one of the most desirable countries to settle in.15 Most migrants to Australia, including refugees, view Australia as country to which they wish to make Australian Bureau of Statistics ‘Migration Australia 2017-18.’ https://www.abs.gov.au/AUSSTATS/abs@.nsf/0/66CDB63F615CF0A2CA257C4400190026?Opendocument Australian Bureau of Statistics ‘Migration Australia 2017-18.’ https://www.abs.gov.au/AUSSTATS/abs@.nsf/0/66CDB63F615CF0A2CA257C4400190026?Opendocument Markus, Andrew, ‘Australia’s Immigrants: Identity and Citizenship’ In Mann, Jatinder (Ed.) Citizenship in Transnational Perspective Australia, Canada, and New Zealand (Palgrave MacMillan) 2017 225 10 Markus, Andrew, ‘Australia’s Immigrants: Identity and Citizenship’ In Mann, Jatinder (Ed.) Citizenship in Transnational Perspective Australia, Canada, and New Zealand (Palgrave MacMillan) 2017 229 11 Rajadurai, Esther ‘Why Australia is the World’s Most Successful Multicultural Society.’ McKell Institute December 2018 https://mckellinstitute.org.au/research/articles/why-australia-is-the-worlds-most-successfulmulticultural-society/ Mansouri, Fethi 2013, Transnational practices, social inclusion, and Muslim migrant integration in the West In Steiner, Niklaus, Mason, Robert and Hayes, Anna (ed), Routledge, London, Eng., pp.127-145 12 Rajadurai, Esther ‘Why Australia is the World’s Most Successful Multicultural Society.’ McKell Institute December 2018 https://mckellinstitute.org.au/research/articles/why-australia-is-the-worlds-most-successfulmulticultural-society/ 13 Soutphommasane, Tim ‘The Success of Australia’s Multiculturalism.’ Speech to the Sydney Institute, March 2016 https://www.humanrights.gov.au/about/news/speeches/success-australias-multiculturalism 14 Soutphommasane, Tim ‘The Success of Australia’s Multiculturalism.’ Speech to the Sydney Institute, March 2016 https://www.humanrights.gov.au/about/news/speeches/success-australias-multiculturalism 15 Markus, Andrew, ‘Australia’s Immigrants: Identity and Citizenship’ In Mann, Jatinder (Ed.) Citizenship in Transnational Perspective Australia, Canada, and New Zealand 232 Deakin University CRICOS Provider Code: 00113B Alfred Deakin Institute for Citizenship and Globalisation Melbourne Burwood Campus, 221 Burwood Highway, Burwood, VIC 3125 adi@deakin.edu.au adi.deakin.edu.au a long-term commitment, as indicated by the fact that there were 136,572 conferrals of citizenship in 2014–15.16 The relative success of Australia’s multiculturalism may be attributed to several factors, including ‘the open nature of Australian society, the significance of immigration controls and the evolution of the ‘fair go’ concept.’17 Institutions and programs at a range of levels have worked to create and sustain a harmonious and relatively inclusive society These include ‘Australian policy and legislative settings, as well as the Australian education system, all of which focus on inclusion and equity, celebrating the values that bring all Australians together.’18 Australia’s conceptualisation of multiculturalism and its approach to migration and diversity is distinctive from most other countries including those of France and Germany France adopts a model that is dominated by the ethos of assimilationism, acknowledging ethnic or cultural diversity only within the home: ‘In France, if there are to be expressions of cultural difference, they are to be confined to the private sphere – they have no place in public.’19 In Germany, migration and diversity have historically been viewed through a ‘guest worker’ prism, which welcomed outsiders as temporary contributors to the labour market and economic effort but did not afford them a place as members of the broader society In contrast, Australia has allowed and welcomed the assertion and celebration of cultural identities and differences in the public domain, and has encouraged new arrivals to engage in public life, rather than viewing them solely through an economic prism.20 This approach goes some way to explaining the success of Australia’s model of multiculturalism – both its acceptance by the broader population and the enthusiasm with which new arrivals engage in Australian society and, with time, opt for Australian citizenship Persistent racism and religious discrimination Despite the success of both migration and multiculturalism in Australia, racism persists and remains a largely unacknowledged reality in Australian society A recent study of school students found that: 16 Galligan, Brian ‘Australian Citizenship in a Changing Nation and World.’ In Mann, Jatinder (Ed.) Citizenship in Transnational Perspective Australia, Canada, and New Zealand 91 17 Ozdowski , Sev “Australian Multiculturalism: the roots of its success”; Third International Conference on Human Rights Education: Promoting Change in Times of Transition and CrisisThe Jagiellonian University in Krakow, Poland, 6-10 December 2012 Vergani, Matteo, Johns, Amelia, Lobo, Michele and Mansouri, Fethi 2017, Examining Islamic religiosity and civic engagement in Melbourne, Journal of sociology, vol 53, no 1, pp 631-78, doi: 10.1177/1440783315621167 https://www.westernsydney.edu.au/equity_diversity/equity_and_diversity/tools_and_resources/reportsandp ubs/australian_multiculturalism_the_roots_of_its_success 18 Ozdowski , Sev “Australian Multiculturalism: the roots of its success”; Third International Conference on Human Rights Education: Promoting Change in Times of Transition and CrisisThe Jagiellonian University in Krakow, Poland, 6-10 December 2012 https://www.westernsydney.edu.au/equity_diversity/equity_and_diversity/tools_and_resources/reportsandp ubs/australian_multiculturalism_the_roots_of_its_success 19 Soutphommasane, Tim ‘The Success of Australia’s Multiculturalism.’ Speech to the Sydney Institute, March 2016 https://www.humanrights.gov.au/about/news/speeches/success-australias-multiculturalism 20 Soutphommasane, Tim ‘The Success of Australia’s Multiculturalism.’ Speech to the Sydney Institute, March 2016 https://www.humanrights.gov.au/about/news/speeches/success-australias-multiculturalism Deakin University CRICOS Provider Code: 00113B Alfred Deakin Institute for Citizenship and Globalisation Melbourne Burwood Campus, 221 Burwood Highway, Burwood, VIC 3125 adi@deakin.edu.au adi.deakin.edu.au     About one-in-three of all surveyed students reported racial discrimination from peers, 27% from in society, and 12% from teachers; Compared with students from Anglo-Saxon backgrounds, students from other backgrounds were two times more likely to experience some form of discrimination; Students born overseas were two times more likely to experience racial discrimination than those born in Australia; and Hindus and Muslims reported the highest levels of discrimination.21 Simultaneously, however, the same survey found that levels of connectedness were high across students of all backgrounds – with 78% reporting that they had broad friendship groups.22 With respect to the prevalence of racism, the role that certain elements of the media play needs to be noted ‘Despite multiple industry codes of conduct stipulating fair race-related reporting, racist reporting is a weekly phenomenon in Australia’s mainstream media.’23 Unfortunately, part of problem lies in the construction of a narrative of conflict As Celia Tran, a member of the Vietnamese Community in Australia, Victoria Chapter, observed following a news program claiming that a ‘race war’ might erupt, "The media keeps pitting our communities against each other."24 Low political representation of minorities The reality that multiculturalism in Australia remains an unfinished project is reflected not just in the fact that too many Australians experience ongoing racism but also in the way the social constitution of political leadership lags behind the demographic reality of Australian society In comparison with the US and Canada, Australia has very low levels of migrant community political representation at the federal level, particularly in the House of Representatives Such low minority representation may be a ‘symbolic indicator of social structures of inequality’ 25 Thus, while Australia may pride itself on high levels of social cohesion and inclusiveness, such strengths have not yet been 21 Priest, Naomi et al ‘Findings from the 2017 Speak Out Against Racism (SOAR) student and staff surveys.’ 2019 https://csrm.cass.anu.edu.au/research/publications/findings-2017-speak-out-against-racism-soarstudent-and-staff-surveys Mansouri, Fethi and Vergani, Matteo 2018, Intercultural contact, knowledge of Islam, and prejudice against Muslims in Australia, International journal of intercultural relations, vol 66, pp 85-94, doi: 10.1016/j.ijintrel.2018.07.001 Johns, Amelia, Mansouri, Fethi and Lobo, Michele 2015, Religiosity, citizenship and belonging: the everyday experiences of young Australian Muslims, Journal of Muslim Minority Affairs, vol 35, no 2, pp 171-190, doi: 10.1080/13602004.2015.1046262 22 Priest, Naomi et al ‘Findings from the 2017 Speak Out Against Racism (SOAR) student and staff surveys.’ 2019 https://csrm.cass.anu.edu.au/research/publications/findings-2017-speak-out-against-racism-soarstudent-and-staff-surveys 23 Ho, Christine ‘Racist Reporting Still Rife in Australian Media.’ Dec 15 2017 https://theconversation.com/racist-reporting-still-rife-in-australian-media-88957 24 https://www.pri.org/stories/2019-01-25/melbourne-s-immigrant-communities-fight-back-against-risewhite-supremacy 25 Pietsch, Juliet Race, ethnicity, and the participation gap: understanding Australia's political complexion (University of Toronto Press) 2018 3-4 Deakin University CRICOS Provider Code: 00113B Alfred Deakin Institute for Citizenship and Globalisation Melbourne Burwood Campus, 221 Burwood Highway, Burwood, VIC 3125 adi@deakin.edu.au adi.deakin.edu.au adequately translated into the political sphere We need to confront the unpleasant reality that ‘A lack of diversity within national-level politics sends a signal of systemic exclusion and the existence of a democratic deficit.’26 Recognition of Australia’s indigenous history There is increasing recognition that Australia will never be able to fully realise the potential of multiculturalism and diversity until there is a much fuller engagement with Australia’s indigenous history and the unacknowledged injustices foisted upon First Nations peoples in the creation of modern Australia As Augie Fleras notes, ‘The politics of citizenship remains a key site of contestation between Indigenous peoples and the nation-state State-centric models within Eurocentric citizenship regimes rarely resonate with the lived-realities of Indigenous peoples In fact, it would be more accurate to say that citizenship symbolizes an instrument of coercive exclusion and aggressive inclusion, insofar as Eurocentric assumptions and founding principles continue to animate colonial citizenship regimes.’27 Our conception of multiculturalism in Australia is impaired by the fact that we have no history of treaty making or constitutional recognition of the First Australians, in comparison to Canada and New Zealand.28 In this sense, Australia’s citizenship regime continues to be ‘so anchored in the founding assumptions and foundational principles of a territorially-bounded political community that they invariably yield both exclusionary and inclusionary tendencies as well as provide a platform for discipline and resistance.’29 Ideas of Citizenship in Australia Recent Coalition governments have attempted to formalise and place more stringency on some aspects of values and citizenship A particular focus, albeit short-lived, was on an emphasis on ‘Australian values’ This consisted of several measures including:   Strengthening the Australian Values Statement in application forms for visas and citizenship to include reference to allegiance to Australia and require applicants to make an undertaking to integrate into and contribute to the Australian community; Strengthening the test for Australian citizenship through the addition of new test questions about Australian values, and the privileges and responsibilities of Australian citizenship; and 26 Pietsch, Juliet Race, ethnicity, and the participation gap: understanding Australia's political complexion (University of Toronto Press) 2018 27 Fleras, Augie, ‘Rethinking Citizenship Through Transnational Lenses: Canada, New Zealand, and Australia.’ In Mann, Jatinder (Ed.) Citizenship in Transnational Perspective Australia, Canada, and New Zealand (Palgrave: 2017) 20 28 Fleras, Augie, ‘Rethinking Citizenship Through Transnational Lenses: Canada, New Zealand, and Australia.’ In Mann, Jatinder (Ed.) Citizenship in Transnational Perspective Australia, Canada, and New Zealand (Palgrave: 2017) 22 29 Fleras, Augie, ‘Rethinking Citizenship Through Transnational Lenses: Canada, New Zealand, and Australia.’ In Mann, Jatinder (Ed.) Citizenship in Transnational Perspective Australia, Canada, and New Zealand (Palgrave: 2017) 24 Deakin University CRICOS Provider Code: 00113B Alfred Deakin Institute for Citizenship and Globalisation Melbourne Burwood Campus, 221 Burwood Highway, Burwood, VIC 3125 adi@deakin.edu.au adi.deakin.edu.au  Introducing a requirement for applicants to demonstrate their integration into the Australian community.30 Revocation of Citizenship The rather clumsy and poorly thought out attempts to incorporate values into citizenship – a laudable aspiration if properly achieved – threatened to more harm than good But more recent threats to strip citizenship pose an even greater threat to undermining trust and fuelling a sense of alienation The Minister for Home Affairs now has the power, on the one hand, to grant visas when they ‘think it is in the public interest to so’, and on the other hand to revoke citizenship.31 This means that the Minister now has the highest number of ‘public interest’ and ‘national interest’ powers (47) among cabinet ministers, indeed more than the Attorney-General (38), Treasurer (26), Environment Minister (24) and Health Minister (17).32 This unprecedented level of power has evoked consternation from across the political spectrum, including from Ian McPhee, Minister for Immigration and Ethnic Affairs (1979–82) (Fraser Government), who remarks, ‘The sheer breadth of the Minister’s discretionary power ensures that unfair decisions will be made in haste and rarely subject to objective review The law and its practice is now unjust It is un-Australian.’33 The ‘exclusionary’ approach to citizenship, while it may appeal to some segments in society, is widely seen to be profoundly flawed, being unlikely to achieve its desired outcomes and highly likely produce perverse outcomes.34 There are parallels here with similar laws in Canada and the UK, although the degree of ministerial discretion granted by recent amendments to Australia law is considerably greater.35 Whilst a case can certainly be made for revoking Australian citizenship for a dual-nationals involved in terrorism abroad, this approach represents a blunt instrument that should be used with great care lest it cause more harm than good.36 Australia undoubtedly faces an unprecedented level of threat from terrorism In particular, the rise of the Islamic State (IS) movement caught us by surprise in the wake of the declaration of the physical caliphate in July 2014 It is shocking and remarkable that at least 230 Australians travelled to Syria and Iraq to fight with IS And it is a matter of considerable concern that as many as 90, possibly more, remain in the region 30 Australian Government, ‘Strengthening the Test for Australian Citizenship.’ April 2017 https://www.homeaffairs.gov.au/reports-and-pubs/files/citizenship-paper.pdf 31 MIGRATION ACT 1958 - Section 195A: ‘Minister may grant detainee visa (whether or not on application).’ http://www8.austlii.edu.au/cgi-bin/viewdoc/au/legis/cth/consol_act/ma1958118/s195a.html 32 Liberty Victoria, ‘Playing God: the Immigration Minister’s Unrestrained Powers.’ 2017 https://libertyvictoria.org.au/sites/default/files/LibertyVictoriaRAP_report_PlayingGodTheImmigrationMiniste rsUnrestrainedPower20170504_0.pdf 33 Liberty Victoria, ‘Playing God: the Immigration Minister’s Unrestrained Powers.’ 2017 https://libertyvictoria.org.au/sites/default/files/LibertyVictoriaRAP_report_PlayingGodTheImmigrationMiniste rsUnrestrainedPower20170504_0.pdf 34 Coyne, John & Isaac Kfir ‘Why we need a rethink of Australia’s citizenship revocation law.’ ASPI Strategist Jul 2019 https://www.aspistrategist.org.au/why-we-need-a-rethink-of-australias-citizenship-revocation-law/ 35 Pillai, Sangeetha ‘Proposals to strip citizenship take Australia a step further than most.’ May 29, 2015 https://theconversation.com/proposals-to-strip-citizenship-take-australia-a-step-further-than-most-42398 36 Greg Barton, ‘Terrorism: there’s no place like home’, The Asian Jurist, April 2019, pp.64-69 Deakin University CRICOS Provider Code: 00113B Alfred Deakin Institute for Citizenship and Globalisation Melbourne Burwood Campus, 221 Burwood Highway, Burwood, VIC 3125 adi@deakin.edu.au adi.deakin.edu.au Counter-intuitively, after 18 years of an enormously expensive ‘global war on terror’, the threat of Salafi-Jihadi terrorism has increased three- or four-fold This tells us that we are dealing with a uniquely insidious and resilient threat that will be with us, both on our shores and within our Asian neighbourhood, for the foreseeable future.37 This means that we need understand the cycle of recruitment much better, and become wise in the ways that we seek to disrupt this destructive cycle.38 Of the approximately 90 Australian foreign terrorist fighters remaining in the Middle East, a handful might be suitable candidates for revocation of citizenship And a larger number might be dealt with through temporary exclusion orders (TEOs) Nevertheless, we need to recognise that in most cases national security is better served by repatriating Australian citizens to Australia to face justice here where we have good prospects of both prosecution and control Revoking citizenship, or otherwise stopping Australians from returning, may perversely lead to a much worse outcome in terms of the immediate harm that they are capable of Beyond this is the risk that excessive use of revocation of citizenship powers will undermine the confidence of the ethnic and religious communities affected, play into the hands of recruiters, including those operating offshore via social media, and lasting damage to social cohesion and trust.39 In February 2019, Sadiq Khan, the Mayor of London, argued the stripping of Shamima Begum of her UK citizenship on the basis of her Bangladeshi heritage could have implications for millions of people who have family roots overseas.40 He said the decision “risks creating a second class of citizenship – one that can be removed at the whim of a politician”, and calls into question what it means to be British In a statement released to The Guardian, he said: “This could affect millions of Londoners of dual or immigrant heritage, and anyone who may be eligible for citizenship from another country 37 Greg Barton 'What Really Works to Counter Terrorism?, Arena Magazine, No, 157, December 2018 Vergani, Matteo, Iqbal, Muhammad, Ilbahar, Ekin and Barton, Greg 2018, The three Ps of radicalization: push, pull and personal A systematic scoping review of the scientific evidence about radicalization into violent extremism, Studies in conflict and terrorism, doi: 10.1080/1057610X.2018.1505686 Vergani, Matteo, Barton, Greg and Iqbal, Muhammad 2017, Beyond social relationships: investigating positive and negative attitudes towards violent protest within the same social movement, Journal of sociology, vol 53, no 2, pp 445-460, doi: 10.1177/1440783316688344 38 39 Greg Barton, 'National security is too important to be abandoned to the politics of fear’, The Conversation’ March 2019 Grossman, Michele and Tahiri, Hussein 2015, Community perceptions of radicalisation and violent extremism: an Australian perspective, Journal of policing, intelligence and counter terrorism, vol 10, no 1, pp 14-24, doi: 10.1080/18335330.2015.1028773 Cherney, Adrian, Sweid, Reem, Grossman, Michele, Derbas, Alexia, Dunn, Kevin, Jones, Clarke, Hartley, Jason and Barton, Gregory 2018, Local service provision to counter violent extremism: perspectives, capabilities and challenges arising from an Australian service mapping project, Behavioral sciences of terrorism and political aggression, vol 10, no 3, pp 187-206, doi: 10.1080/19434472.2017.1350735 Vergani, Matteo 2018, How is terrorism changing us?: Threat perception and political attitudes in the age of terror, Palgrave Macmillan, Singapore, doi: 10.1007/978-981-10-8066-1 40 Addley, Esther “Shamima Begum: decision risks 'creating second class of citizenship.'” The Guardian 23 Feburary 2019 Deakin University CRICOS Provider Code: 00113B Alfred Deakin Institute for Citizenship and Globalisation Melbourne Burwood Campus, 221 Burwood Highway, Burwood, VIC 3125 adi@deakin.edu.au adi.deakin.edu.au Sajid Javid hasn’t only exposed how insecure the citizenship rights of these people are, he has called into question the very nature of what it means to be a citizen of this country at all.” Grave concerns about the possible perverse consequences of revoking citizenship have been expressed in Australia by government agencies such as ASIO and the AFP and by key experts across the political spectrum This is well-illustrated in recent submissions to the Parliamentary Joint Committee on Intelligence and Security (PJCIS) in response to its ‘Review of the operation, effectiveness and implications of sections 33AA, 35, 35AA and 35A of the Australian Citizenship Act 2007 and any other provision of that Act.’ Liberty Victoria contends that: “The provisions only apply to persons who are dual nationals, casting citizenship for these people as a privilege contingent on good behaviour As such, the provisions operate to create two classes of citizenship For those who hold only Australian citizenship their citizenship is inalienable; for dual nationals, it may be removed The provisions are discriminatory and risk reinforcing the identity issues that can lead to radicalisation.”41 In his submission to the PJCIS Professor Kim Rubenstein, ANU College of Law and Public Policy Fellow, ANU, said that: “I support a multifaceted approach to countering threats to national security but I firmly believe that the approach should not include using the Citizenship Act This is because the status of citizenship in a democratic society should not be treated as a tool of punishment or protection from threats to society Citizenship, in contrast to the concept of being a ‘subject’ - a status that Australians held solely until 1949 – reflects a move from being ‘subject’ to the power of the Executive towards being subject to the rule of law in the same way as members of the Executive are subject to the rule of law – ie it moves to a position of an equality of citizenship or membership in a democratic society These provisions in the Act alter that fundamental balance, moving us back to that of being subjects – which counters the inclusive and largely egalitarian trajectory that changes to the Australian Citizenship Act have represented mainly until these amendments were passed I also believe this policy move is counter-productive to the very reason for its stated introduction (countering threats to national security) and that it may influence further perceptions of alienation and ‘otherness’ from and towards dual citizens in Australia.”42 A similar argument was made by the Law Council in its submission: “The Law Council maintains its previous position that citizenship revocation provisions in relation to terrorism cases are neither necessary nor proportionate The provisions relating to revocation of citizenship should not occur automatically … The Law Council maintains its 41 Liberty Victoria Review of the Australian Citizenship renunciation by conduct and cessation provisions July 2019 42 Rubinstein, Kim Review of the Australian Citizenship renunciation by conduct and cessation provisions July 2019 Deakin University CRICOS Provider Code: 00113B Alfred Deakin Institute for Citizenship and Globalisation Melbourne Burwood Campus, 221 Burwood Highway, Burwood, VIC 3125 adi@deakin.edu.au adi.deakin.edu.au 10 primary position that if citizenship is to be removed, it should only be removed where an individual has been convicted by an independent, impartial and competent court of a serious terrorism related offence If, following conviction, a decision is made by a Minister to revoke citizenship, this should only occur after the Minister is satisfied there is evidence that the person poses a substantial risk to Australia’s security The Minister’s decision should be made after complying with the requirements of procedural fairness and be subject to clear and effective judicial review.” In his submission, James Renwick, the Independent National Security Legislation Monitor, notes that whilst: “citizenship loss because of terrorist conduct may be both necessary and proportionate under the conviction-based provisions.”43 … “Sections 33AA, 35, and 35A, have the capacity to result in direct discrimination, by treating those of dual citizenship engaging in terrorist acts differently to those of singular citizenship, as well as indirect discrimination on the basis of race or religion, potentially contrary to arts 2, 16 and 26 of the ICCPR Citizenship revocation provisions targeting possible dual nationals may also have the capacity to be classified as a form of ‘discrimination based on national origin,’ which is prohibited under the Racial Discrimination Act 1975 (Cth).”44 And, in perhaps the most remarkable submission of all, ASIO warned of the limits and dangers of using the blunt instrument of citizenship revocation: “ASIO considers citizenship cessation to be a legislative measure that works alongside a number of other tools to protect Australia and Australians from terrorism, but it does not necessarily eliminate the threat posed by those who are subject to citizenship cessation.”45 “In a globally interconnected world, the location of an individual offshore as a result of citizenship cessation will not eliminate any direct threat they pose to Australian (or other) interests overseas, and it will not prevent their reach-back into Australia to inspire, encourage or direct onshore activities that are prejudicial to security—including onshore attacks.” “In some instances, citizenship cessation will curtail the range of threat mitigation capabilities available to Australian authorities It may also have unintended or unforeseen adverse security outcomes—potentially including reducing one manifestation of the terrorist threat while exacerbating another There may be occasions where the better security outcome would be that citizenship is retained, despite a person meeting the legislative 43 Renwick, James Commonwealth of Australia, ‘Independent National Security Legislation Monitor, Review of citizenship loss provisions.’ 2019 Page xiii 44 Renwick, James Commonwealth of Australia, ‘Independent National Security Legislation Monitor, Review of citizenship loss provisions.’ 2019 Page 45 ASIO submission to the Parliamentary Joint Committee on Intelligence and Security September 2019 Deakin University CRICOS Provider Code: 00113B Alfred Deakin Institute for Citizenship and Globalisation Melbourne Burwood Campus, 221 Burwood Highway, Burwood, VIC 3125 adi@deakin.edu.au adi.deakin.edu.au 11 criteria for citizenship cessation— for example, where the Australian Federal Police has criminal charges that could be pursued if the person were to remain an Australian citizen.” It concludes: “As outlined, ASIO considers citizenship cessation to be a legislative measure that works alongside a number of other tools to protect Australia and Australians from terrorism It does not completely eliminate the threat posed by those who are subject to citizenship cessation, but it provides ASIO with an additional legislative mechanism that can assist with countering terrorism ASIO supports a change in the framework to a ministerial decision-making model of cessation, as this would enable a more targeted utilisation of the cessation framework.”46 It would be a significant error of judgement, if after decades of hard work by countless parties, Australia’s incomplete but very considerable success in building one of the modern world’s most resilient multicultural societies was undermined by policy interventions that served to undermine the concepts of citizenship and inclusive justice just when trust and confidence are at their lowest ebb Not only such interventions risk doing lasting damage to social cohesion, public trust and confidence they will almost certainly have a perverse outcome both in terms of national security narrowly defined and national interest broadly conceived With around out of 10 Australians being born overseas, and half of all households having members born overseas, the consequences of creating a second-class, vulnerable form of citizenship that divides Australian society should not be blithely accepted But this is the reality that we will be dealing with if we allow ourselves to sleep-walk into becoming a two-tier citizenry, essentially divided along ethnic lines In sum, Australia certainly needs to keep the safety of all citizens as its major concern and this needs to inform policy around countering violent extremism and foreign fighters But this kind of approach will be counterproductive if it is perceived to carry with it significant erosions of basic rights, most notably citizenship status and associated rights Furthermore, and more critically, Australia must ensure that its progressive approach to diversity and migration continues to serve as the main protective barrier to social alienation, disempowerment and ultimately radicalisation 46 ASIO, ASIO Submission to the Parliamentary Joint Committee on Intelligence and Security September 2019 Deakin University CRICOS Provider Code: 00113B Alfred Deakin Institute for Citizenship and Globalisation Melbourne Burwood Campus, 221 Burwood Highway, Burwood, VIC 3125 adi@deakin.edu.au adi.deakin.edu.au 12 References Australian Bureau of Statistics ‘Migration Australia 2017-18.’ https://www.abs.gov.au/AUSSTATS/abs@.nsf/0/66CDB63F615CF0A2CA257C4400190026?Opendoc ument Australian Government, ‘Strengthening the Test for Australian Citizenship.’ April 2017 https://www.homeaffairs.gov.au/reports-and-pubs/files/citizenship-paper.pdf Australian Government Migration Act 1958 Barton, Greg, 'National security is too important to be abandoned 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