Australian Multiculturalism for a New Century: Towards Inclusiveness
2. Australian Multiculturalism: towards inclusiveness
(continued)
2.4 Multiculturalism and Australian democracy
Multiculturalism and concepts of 'citizenship’
The Council believes that it is important to explore the relationship between multiculturalism and concepts of 'citizenship’.
It believes there is a close and positive relationship between multiculturalism and the legal status of Australian citizenship as well as the wider concept of 'citizenship’ which refers to membership of the Australian community that is enjoyed by Australian citizens and permanent residents.
Throughout this report the terms Australian citizen and Australian citizenship are used when referring to the legal status defined in the Australian Citizenship Act 1948.
The terms 'citizen’ and 'citizenship’ are used when referring to membership of the wider Australian community which is shared by Australian citizens and permanent residents, and to the rights and obligations that flow from such membership including the desirable civic values of the community.
In its legal sense Australian citizenship dates from 26 January 1949, when the Nationality and Citizenship Act 1948 came into force and the status of 'Australian citizen’ came into existence.
Prior to this, people living in Australia (who were not 'aliens’) were British subjects.
Although Australia became a sovereign nation on 1 January 1901, the concept of nationhood for the first half of this century was closely linked to Australia’s membership of the British Empire and British Commonwealth.
The establishment of Australian citizenship was an important practical and symbolic step in the development of Australian nationhood. It provided a distinct status of being 'Australian’ and a legal basis for full and formal membership of the Australian nation.
Australian citizenship legislation is concerned mainly with the process of obtaining, losing and regaining Australian citizenship and has not provided the substantive rights of citizens, many of which are provided in the Constitution, other legislation and common law.
Therefore it should be noted that, particularly in the case of indigenous people, the existence of Australian citizenship status which they, along with all other Australian citizens, acquired under the 1948 Act, did not at that time bring with it fully equal rights for all citizens.
Nevertheless, the status of Australian citizenship has played an important part in helping to mould a harmonious society over the past 50 years.
In the process, citizenship policy and law have gradually changed and evolved to reflect the changes in Australian society over that period.
In its early days, Australian citizenship law gave preferential treatment to British subjects compared to aliens in the process of acquisition of Australian citizenship but, over time, law and policy have evolved in a way which treats all newcomers to Australia equally, regardless of their origins.
In addition, there has been an easing in the conditions for the acquisition of Australian citizenship in order to provide maximum encouragement of permanent residents to formally become part of the Australian nation.
Since 1949 some 3.1 million migrants have taken the opportunity to acquire Australian citizenship.
Today, Australian citizenship policy and law probably provide a more inclusive and welcoming environment than any citizenship law elsewhere in the world.
Australian citizenship has played an important unifying role in the development of Australia’s nationhood and the modern multicultural society which has evolved with it.
The Council believes it is highly desirable for Australian permanent residents to acquire Australian citizenship when they become eligible to do so, and recommends the active promotion of the benefits of Australian citizenship to encourage its take-up.
However, it must be recognised that permanent residents, who are not yet eligible for or have not yet chosen to acquire Australian citizenship, are nonetheless members of the Australian community and have all the rights and obligations of Australian citizens except those that arise exclusively from Australian citizenship (see details at Appendix F).
An aspect of the debate of more direct interest to the Council is the relationship between 'citizenship’ and multiculturalism.
The combined phrase 'multicultural citizenship’ has been used by some writers while others argue that, in the interests of greater unity, the concept of multiculturalism should give way to that of 'citizenship’.
In the Council’s view, the concepts are interlinked but each is important in its own right. 'citizenship’ should be primarily seen as a bond or glue, consisting of shared membership in a political community – a commitment to the Constitution and the laws, the rights and obligations and the core values and practices of Australian democracy.
This expanded idea of 'citizenship’ does not negate the place and role of Australian multiculturalism as defined in this report.
Instead, the Council sees the relationship between 'citizenship’ and multiculturalism as symbiotic and complementary.
In fact, the reason Australian multiculturalism is able to make our diversity a great resource for all Australians is precisely because, at its core, are the same values that are embedded in the notion of 'citizenship’, including respect of difference, tolerance and a commitment to freedom and equal opportunity.
Nor does multiculturalism represent a threat to unity because, while our democracy gives all 'citizens’ the freedom to retain cherished traditions and customs, it also requires an overriding commitment to Australia’s national interests.
Multiculturalism will also enhance unity further as it develops the increased inclusiveness recommended in this report.
In recent years there has been considerable public discussion of the rights and obligations that flow from 'citizenship’ or membership of the Australian community and the extent to which they should also be formally associated with the legal status of Australian citizenship discussed above.
The Council welcomes such discussion and believes that some formal description of the fundamental rights, obligations and core values of 'citizenship’, for example, in a preamble to the Australian Citizenship Act 1948, could help promote unity within our diverse society. It would guide all 'citizens’ of our community and not only those who are legally Australian citizens.
Public discussion can also inform the Australian Government whether there is any need to modify the rights and obligations that apply exclusively to Australian citizens. The Council does not see any particular need for such modification at this time.
The Council notes that the Australian Citizenship Council has been established within the Immigration and Multicultural Affairs portfolio to provide advice on appropriate arrangements for celebrating the 50th anniversary of Australian citizenship.
It is also required to present a report on 'contemporary issues in Australian citizenship policy and law to be addressed as Australia moves into the next millennium; and how to promote increased community awareness of the significance of Australian citizenship for all Australians, including its role as a unifying symbol’.
The Council believes that the issues relating to a formal statement of the basic rights, obligations and core values of 'citizenship’ is more directly and properly written into the charter of the Australian citizenship Council.
We intend working closely with the Council as it develops its thinking in this important area.
Our input will stress that our obligations, like our rights, are not exhausted by our legal duties and entitlements.
Some of our broader duties as 'citizens’ are well captured by the Joint Parliamentary Statement of 30 October 1996 that reaffirmed the importance of maintaining Australia as a tolerant and open society, united by an overriding commitment to our nation and its democratic institutions and values, and that denounced racial intolerance in any form as incompatible with the kind of society we are and want to be.
We will also suggest that due attention be given to the numerous attempts in the past twenty years to articulate the core values and principles of Australian society.
In these statements there is wide agreement that core Australian principles and values include, or are based on:
- commitment to Australia;
- freedom;
- a fair go;
- democracy;
- rule of law;
- tolerance;
- mutual respect
- political equality;
- equal opportunity;
- non-discrimination.
Civics education
The harmony of our culturally diverse community will be significantly enhanced if all Australians have a sound understanding of the values, principles and institutions of Australian democracy, the concepts of 'citizenship’, multiculturalism and Australian citizenship, and the rights, obligations and core values they contain.
The Council commends the work of the Discovering Democracy program developed within the Education, Training and Youth Affairs portfolio, which supports civics and citizenship education in schools and other education sectors.
The Council recommends that the program be used to reach as many Australians as possible.
The Council intends providing input into the future development of this program to ensure that the cultural diversity of our society and its benefits as well as the meaning and value of multiculturalism receive appropriate emphasis.
50 Years of Australian citizenshipOn 26 January 1999 Australian citizenship was 50 years old. On 26 January 1949, Australian citizenship became a legal reality through the enactment of the Nationality and Citizenship Act 1948. Under the Act, while an Australian citizen remained a British subject, Australian citizenship laws and policy gradually became more inclusive with barriers progressively removed:
The Nationality and Citizenship Act 1948 granted Australian citizenship automatically to Aborigines and Torres Strait Islanders who were either born after 26 January 1949 or were British subjects prior to that date. However, because of other legislation and/or social practices, such people did not gain all the rights attendant on citizenship at that time. Qualifications on their right to vote were removed in 1962, although it was not until 1984 that they were obliged to vote. |
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