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Ferraro, Laura --- "ILC Open Forum: Racism in Sport: Review" [2010] IndigLawB 34; (2010) 7(20) Indigenous Law Bulletin 18


ILC OPEN FORUM

Racism in Sport: Review

by Laura Ferraro

In September, student volunteers at the Indigenous Law Centre (ILC) hosted the third in a series of open forum events. The forum sought to explore the nature of racism in sport, in response to the highly publicised media coverage of Timana Tahu’s walking out of the NSW State of Origin team as a protest against racial remarks made by coaching staff. The forum was attended by students, academics and professionals from the Indigenous affairs and public sectors. ILC Director, Megan Davis, chaired an expert panel, which included NRL CEO David Gallop, Race and Disability Commissioner Graeme Innes, academics Dr Barry Judd and Deborah Healey and Indigenous netballer Marcia Ella-Duncan.

The panellists presented a spectrum of views; however, they shared concern that despite some progress, racist attitudes in sport remain, though not always overtly. They recognised the potential of sport to present a universal challenge to racism, break down barriers and encourage participation by minority groups, and highlighted education and cultural awareness as key to bringing about a shift in attitudes and greater equality in society.

In discussing racist remarks in sport, David Gallop acknowledged that while unacceptable, they are often the result of carelessness and ignorance, rather than deliberate malice. Marcia Ella-Duncan and Graeme Innes emphasised that racist remarks reflect an underlying and entrenched racism in society, with Marcia contending that it is ineffective to minimise the issue to something less than what it is. Graeme highlighted racism in sport as a human rights issue, particularly as barriers to participation in sport, such as harassment and exclusion, affect the enjoyment by minority groups of their human rights, including health and social participation.

Barry Judd viewed racism in sport as an issue of culture and argued that the image presented of Australian Football League (AFL) as the code most closely associated with reconciliation, is somewhat illusory and racism and stereotypes remain. He highlighted that Indigenous participation in AFL is limited to on-field roles, agreeing with David that the National Rugby League (NRL) has outperformed the AFL by providing more off-field roles for Indigenous people.

Deborah Healey expressed concern that it is often overlooked that behaviour and interactions in sport are subject to the same anti-vilification laws as the rest of society. She questioned the effectiveness of mechanisms of complaint resolution where players are too intimidated to come forward. In response, David identified the need to break the ‘what happens on the field stays on the field’ culture and to give victims confidence to come forward, stressing the role of authorities to take action.

Marcia spoke about her experiences as an Indigenous athlete, including subtle forms of racism throughout her sporting career, which she did not necessarily identify as racism until later. She perceived a lack of cultural awareness among her non-Indigenous team members and sought to foster a change in their perceptions by sharing with them ‘what it was to be Aboriginal’.

The panellists offered strategies to tackle racism in sport: Marcia emphasised individual and community responsibility to take initiative and disassociate with people and sports clubs which espouse racist attitudes; Deborah highlighted the need to interrogate the current regulatory framework and strengthen mechanisms for complaint resolution; Graeme insisted on the importance of human rights education in breaking down racist barriers to sport; Barry suggested that a more honest recognition of the origins of Indigenous involvement in sport, particularly the AFL, could bring about a true cultural shift in the game; and David focused on the necessity of breaking the culture that normalises careless racial harassment through education and awareness so that everyone may, in the words of Indigenous NRL player, Preston Campbell, ‘be proud of who they are and where they come from’.

The night was a huge success and we thank everyone who attended, in particular the speakers and panellists, who were central in guiding a constructive discussion around the issues. The Open Forum can be viewed online at: http://tv.unsw.edu.au/video/racism-in-sport1

Following the forum, we asked each panel member to discuss a key issue raised on the night:

Graeme Innes, Race and Disability Discrimination Commissioner, Australian Human Rights Commission

How useful is sport as a tool for combating racism in wider society?

Racism in sport does not occur in a vacuum, but reflects and informs wider community views and concerns. The popularity of sport, its central role in developing social capital and its prevalence in schools and as a leisure activity offer tremendous scope for challenging racism.

For every high-profile incident of racism in sport, there are scores of stories of exclusion, inaccessibility, harassment and violence. A commitment to developing and implementing good processes, good policies and codes of conduct in sport can help to create a culture in which racism is not acceptable, and ensure that adequate structures are in place to address racism when it does occur. Strong education about rights and racism can help challenge racism by encouraging bystanders to act when they witness racist behaviour. Challenging racism in sport also challenges the structural inequities that stop people from culturally and linguistically diverse (CALD) and Indigenous backgrounds from benefitting in sport.[1]

When people are denied access to sport,[2] they are denied access to building social capital, to better health outcomes[3] and to the benefits of community participation and cohesion.[4] However, through effective leadership, sport can be instrumental in combating racism, both on the field and off.

David Gallop, CEO National Rugby League

What does the NRL do to combat racism?

The core values of the National Rugby League are inclusiveness, decency, community spirit, pride and opportunity. It goes without saying that our ongoing commitment to the game-wide strategies and policies that support these values will assist Rugby League in setting a strong community example when addressing all forms of racism.

Our approach goes beyond anti-vilification policies and penalties and includes game-wide education programs to promote cultural awareness. Rugby League is working to provide an innovative approach to positive reconciliation. The Harvey Norman All Stars Match on the Gold Coast this year was a demonstration of the understanding that is generated through mutual celebration and respect. Through the Australian Rugby League Indigenous Council, the NRL Indigenous Player Advisory group, the only gamewide Reconciliation Action Plan in Australian sport, the appointment of Officers to work exclusively in the area of Indigenous programs and partnerships with the Federal Government such as Learn. Earn. Legend!, we believe that Rugby League is delivering a clear and positive message.

The fight against racism needs to be based as much on educating people about what needs to be done as on sending clear messages about what will not be tolerated. Sport has always been in a great position to remind us that on the field we are all equal and that we all deserve the opportunity to compete on a level playing field. When it comes to a community-wide issue such as racism, sport can provide a powerful focal point.

Rugby League believes that by taking ownership of those aspects, we can have an impact well beyond the playing field.

Dr Barry Judd, Centre for Australian Indigenous Studies, Monash University

How does the AFL fall short of its claim to be the ‘Reconciliation game’?

The Australian Football League has gained a national profile of leadership in fostering good relations with Indigenous Australia. This reputation emerged in the context of the leadership vacuum left by the Howard government and focused on the introduction of anti-racial vilification laws and a public embrace of reconciliation through initiatives such as 'Dreamtime at the G' and the Marn-Grook Cup. AFL success in this respect is demonstrated through repeated reference to the significant over-representation of on-field personnel.

However, this has been the limit of the AFL's commitment to reconciliation and anti-racism in sport. I believe that the rhetoric of reconciliation within the AFL has worked to restrict opportunities for Indigenous people in the AFL. AFL claims to leadership in reconciliation are overstated because racism and reconciliation have become associated with the legal discourses prevalent in anti-vilification laws, ignoring institutional racism and enlightened and inferential forms of racism associated with social attitudes and 'common sense' beliefs. Considering the near absence of Indigenous people in off-field roles, there is a long way to go before reconciliation can truly be seen as informing AFL practice.

I believe the introduction of an Indigenous, community-led franchise club based in Darwin would provide an ideal opportunity to extend reconciliation beyond the playing field, an idea previously rejected by the AFL.

See article by Dr Barry Judd on page 3.

Marcia Ella-Duncan, Former Member Australian Netball Team

We hear a lot in the media about racism in men’s sports. Are there similar problems of racism in women’s sport?

I can only rely on my personal experiences in the sports I have participated in, but I say yes, racism is equally a problem in women’s sport as it is in men’s sport. As a sports (netball) administrator, I am frequently responding to issues of unacceptable behaviour and racism is often at the root of the complaint.

In many ways the racist behaviour is quite different between men’s and women’s sport. For example, sledging is seen by many to be part and parcel of the competition between men, particularly in contact sports. However, most women’s sport is non-contact and there is less emphasis on strength and power over one's opponents. Consequently the racism can be more subtle, more of a pervading attitude than overt incidences. We do experience overt incidences of racism but I think it is less common than what is reported in men’s sport.

I am concerned that we tend to focus on responding to racism rather than being proactive and preventing it. It is, of course, appropriate that we respond, but it sometimes appears that racism doesn’t exist in sport until something ugly happens and this is not true.

We need to institutionalise articulated principles of tolerance and diversity, a range of appropriate enforcement mechanisms to deter and penalise unacceptable behaviour and support structures to resolve or elevate complaints where appropriate. It needs to start at the top in national bodies and be adopted through our structures to club level.

See Interview with Marcia Ella-Duncan on page 25.

Deborah Healey, Senior Lecturer, University of New South Wales Law Faculty

How can the law and regulation of racism in sport bring about a cultural shift both on the sports field and beyond?

Sport is an arena where people from all walks of life and different cultures and beliefs are thrown together; a place where friendships are made but pressure to win can create an atmosphere where people will say or do unacceptable things to gain a competitive edge.

HREOC research on racism in sport found that racist attitudes are still strong, but there has been a considerable reduction in overt racist behaviour. This is due to the development of strong social norms against openly expressing racist views, supported by the outlawing of racism in the broader community. The view that the law should not, or does not, apply to sport in the same way as other aspects of life still pervades the community. People often lack understanding that this conduct is not only wrong but also illegal.

The Australian Sports Commission makes it a condition of funding that sports adopt a Member Protection Policy (MPP) at all levels, which contain prohibitions on racial discrimination and vilification, with complaint, mediation and disciplinary mechanisms to assist the resolution of disputes. Evidence suggests that while issues arise under MPPs, there are not a large number of complaints made. In looking at the effectiveness of these measures, and the measures taken by professional sports, the critical questions are the true extent of the problem, and whether aggrieved participants find it easy to make complaints. Does the old notion of “copping it on the chin” make them uncomfortable or intimidated about complaining? If the latter is true, we may need to revisit some of the processes.

Laura Ferraro is a third year law student at the University of New South Wales. Laura was one of the ILC student volunteers who organised the Open Forum.


[1] Just over 45% of Indigenous Australians aged 18 and over participated in sport or physical recreation activities in the last 12 months. This compares with 64% of non-Indigenous Australians: Australian Bureau of Statistics, National Aboriginal and Torres Strait Islander social survey, Report No 4714.0 (2002) 22.

[2] Australian Human Rights Commission, What’s the Score? A survey of cultural diversity and racism in Australian sport, (Report 2007).

[3] See Australian Bureau of Statistics, ‘Indigenous People’s Participation in Sport’ in Perspectives on Sport, Report No 4156 (June 2010).

[4] Australian Bureau of Statistics, Sports and Physical Recreation: A Statistical Overview, Report No 4156 (2009).


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