It’s time to increase racial literacy within our organisations
In order establish more culturally diverse and inclusive workplaces, we need to increase our racial literacy.
We only need to look at the pay gap and underrepresentation in leadership to identify systemic racial issues within our organisations. In 2022, the Everyday Respect Report released from EB & Co identified racism as one of the factors impacting psychological safety and workplace culture. While new research from diversity and consultancy firm, MindTribes uncovered a non-Anglo pay gap within Australian organisations.
Workplace norms, systems and biases have sanitised racism to the point where not only it can affect individual’s mental wellbeing, pay and career progression, but also an organisation’s productivity, culture and consumer response. As ethical leaders we have a responsibility to unveil how racial discrimination plays out in our businesses and what strategies we can use to combat them.
An Ethics Exchange gathering in May 2023, welcomed Diversity Council of Australia (DCA) CEO Lisa Annese and Ethics Alliance members as they shared personal experiences and strategies used when developing Diversity and Inclusion (D&I) programs, and how they recognise and tackle racism within their workplaces.
The DCA has evolved over the last 40 years to become a leading entity which promotes and advances more diverse and inclusive workplaces for the benefit of individuals, organisations and the broader community. Annese says to build strategies that tackle racism in our organisations, we need to start with language.
Let’s start with language
It’s important to understand the difference in language when it comes race and culture, particularly within the Australian D&I context. Culture is defined as a combination of characteristics including ethnicity, ancestry, language, and place of origin, whereas race is generally seen as a social construct related to physical characteristics and group identity.
In response to the White Australian policy there was an effort by Gough Whitlam in the late 1960s to remove “race” from common language in order to reduce racism. This shift resulted in a focus on culture over race, and the country adopted terms such as “non-English speaking background”, embracing the concept of multiculturalism. For instance, since the United Nations created their Elimination of Racial Discrimination Day, Australia is the only country globally that doesn’t use the word race. We instead call it Harmony Day with a focus on harmony for the week. That is what is taught in our public schools and celebrated in our workplaces.
Annese suggests this avoidance of the term “race” in favour of “culture” was also an effort to maintain an existing Eurocentric power structure. For example, the term “culturally and linguistically diverse” was introduced, which broadly referred to anyone who couldn’t trace their origins back to Britain – essentially anyone non-Anglo Celtic. This excludes a large group of people with different experiences and perpetuates a sense of “otherness.”
Once we identify the other it can become easy to treat people differently and not afford them the same respect we would expect ourselves.
While understanding people’s culture is useful, it’s crucial to talk about race and to acknowledge the lived experiences of Australians who experience racism.
DCA research suggests that in Australia today, those who experience racism and racial marginalisation are people from non-European backgrounds, and the main cause of racism has less to do with language and culture and focuses more on race – features such as phenotype, visible difference, religious dress, skin tone, and hair texture.
If we want to build more inclusive and diverse businesses, we need to talk about race. And to do so, we must know what it is.
By developing an understanding of how history has sanitised our language and normalised racism in our workplace, we are able to discuss the concept of race in a way that avoids unnecessary distress. It’s important not to make assumptions that the harm felt by malintent, or overt racism is any different from the racism embedded in well-meaning or curious comments about an individual’s appearance or background.
Principles and a framework that emerged from The Ethics Exchange and DCA research to bring racial literacy to the workplace included:
- Build Racial Literacy: Before tackling racism, businesses must first educate their employees about the concept of race. They should understand what race is, how racialisation occurs, and the impact it has on people. This is important because most people have low levels of racial literacy.
- Build Confidence: The second step involves helping employees become confident in their understanding of race and racial issues. This stage ensures employees feel comfortable discussing these topics and are prepared for the next step.
- Talk About Anti-Racism: The final stage is to discuss what it means to be actively anti-racist. It is important that employees understand how they can contribute to an anti-racist environment. This stage of the process can only be effectively implemented once employees have a clear understanding of race and are confident discussing it.
One of the most impactful ways of understanding racism is to hear it from those who have been subject to it, however this carries a huge burden or cultural load. How can their voices be included to develop strategies to combat racism?
- Centre Voices: The experiences and perspectives of those affected by racism must be central to any initiatives addressing it. For instance, if a business is developing a Reconciliation Action Plan (RAP) in Australia, it should involve Indigenous employees in the process.
- Respect Cultural Labour: Organisations should acknowledge the cultural emotional and intellectual labour of employees with different social identities involved in initiatives addressing racism.
- Remunerate Appropriately: If individuals are asked to participate in initiatives to combat racism, particularly if they’re asked to share personal experiences or provide additional insights, they should be appropriately compensated.
- Respect Personal Choice: Not everyone will want to be involved in such initiatives, and that choice should be respected.
- Avoid Overgeneralisation and Presumption: One individual cannot represent an entire group. Avoid making assumptions about an entire race or culture based on the perspectives or experiences of one individual.
- Use Available Resources: In an age where information is readily available, it’s possible to educate oneself about different cultures and races without overly relying on individuals from those backgrounds to teach others.
We’d like to thank Lisa Annese and the Ethics Alliance members who contributed to this important conversation.
Find out more about the DCA’s research here.
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The Ethics Alliance is a community of organisations sharing insights and learning together, to find a better way of doing business. The Alliance is an initiative of The Ethics Centre.
A new era of reckoning: Teela Reid on The Voice to Parliament
Later this year Australians will be asked to vote in a referendum on a Voice to Parliament. Can this conversation for Aboriginal and Torres Strait Islander constitutional recognition reconcile the truth of Australia’s past? Or have we embarked on a new era of reckoning with the risk that comes with a referendum?
In April 2022, Proud Wiradjuri and Wailwan woman and lawyer, Teela Reid sat down with Dr Simon Longstaff AO to discuss what reckoning means to her, what we need to make an informed decision on this vote, and what it means for us – collectively and individually.
Dr Simon Longstaff: When I think of reckoning, three things come to mind. Firstly, there’s ‘reckoning’ as in finding your bearings, dead reckoning. There’s another sense in which you reckon up the bill. And then there’s the third sense in which reckoning can be taken as a moment of recognition of one’s responsibilities and making us confront the reality of who and where we are, and what we’ve done. Perhaps we can touch on all three of those…
Teela Reid: My essay, Reckoning, Not Reconciliation, was born out of a frustration with the concept of reconciliation. I had attempted to dismiss it in some ways – whether that was to be provocative or just trying to grapple with my own sense of the world. The past three, almost four decades, has been defined in so-called Australia under this notion of reconciliation. And so, for me, as a Wiradjuri Wailwan woman, the life that I have been fortunate to live, had nothing to do with reconciliation, but it was in fact in spite of it. For me, having grown up in my community with the stories of my ancestors, my paternal and maternal lineages being hounded onto missions, laws passed so we couldn’t speak our native tongue, this notion of reconciliation kind of popped up.
I remember growing up in that community and then walking into school where we were trained that this notion of reconciliation was to make us feel good. There was almost a sense of denial of the truth. I remember, for example, learning about the Anzacs and there were no soldiers that we were told about that were Aboriginal men or women. And then I’d walk home and my grandparents would sit me around the campfire and give me a whole different education.
I remember just feeling really frustrated with the world. I want to unravel that and unpack this notion of reckoning. To me, it’s about everyone on this continent embracing the discomfort of the hard work we need to get done.
Dr Simon Longstaff: How do you look at the obligations you have – in a structure where elders still are the most significant decision makers within a community – and the need to balance that cultural obligation with obligations arising in a structure like the law; where it’s about the quality of reason, the precision of language and the authority of precedent?
Teela Reid: The western law is a discipline, it’s a practice. I vividly recall being at law school wanting to throw my textbooks up against the library when we were learning about Dicey’s rule of law where we’re all equal before the law. I remember thinking “How do I reconcile this with the stories that I know?” Clearly, the law has never treated my people fairly. There’s never been a fair go in this country for First Nations Peoples. So having those stories in my heart and in my spirit, I still took the opportunity that I was given to go to law school and now to practice law. It’s something I don’t take lightly at all, because I think we would be much worse off as a peoples if we were to take those opportunities for granted and not do the hard yards and live out those opportunities to empower our people.
Dr Simon Longstaff: Can these different definitions of ‘reckoning’ exist side by side? Or is that a very significant tension in your life?
Teela Reid: It’s a constant tension, to be very frank. It is a very constant tension to not lose yourself as a First Nations woman in this place that’s now called Australia and you’re constantly walking a fine line. When I think about reckoning, it’s also about power. It’s about who has the authority to make decisions in different contexts while at the community level our governance systems operate in a very specific way. I think that’s what Australia forgets. We have very ancient governance systems here still very much intact. They might not be written in legislation or rule books, but they’re passed down orally through our ways of knowing and being.
We have this higher order in Australia where there’s parliament, there’s states, there’s territories, there’s people making all these different decisions, but at the very heart of that, there is still the omission of the First Nations and there’s still an act of erasure in that. And the symbols are everywhere. It’s in the flag, it’s in the anthem, it’s in these ways that Australians speak their identity that I just don’t relate to.
Dr Simon Longstaff: The concept of ‘payback’ is sometimes misunderstood as if it’s based in the need for revenge. Instead, it’s about those who have done wrong making restoring balance to the community – paying back what has been taken to those who have suffered loss. Is that the kind of reckoning that you have in mind – bringing it to that point where people recognise loss as a give and take?
Teela Reid: It’s about the reconciling of the balance. There does need to be compensation, there does need to be these tough decisions and reparations for what First Nations Peoples have lost there.
The other way in which I see it, there is a level of discomfort that comes down to this truth telling notion that we’re going to need to embrace. Where Australians are at now – each one of you are advocates, you’re campaigners. You have agency in this movement. Reckoning is going to be a really difficult process, unlike reconciliation where we’ve all felt good with our wraps, our cupcakes and our teas. No, this is going to be quite difficult.
For so long, for 250+ years, as a nation we’ve avoided that discomfort that comes with trying to heal these wounds. Because you might not see the physical wounds, but they’re very deep and they’re intergenerational. When we think of reckoning, we’re all going to have to step up to the plate. And often what happens in a truth telling process, it’s that First Nations Peoples get the onus of having to speak our truth, when in fact white Australia needs to speak its truth. What did your ancestors do to my ancestors? Let’s start to have an open dialogue and take responsibility for that pain. Because I don’t think that we can heal until we reckon with the discomfort and the pain that I think as a nation is going to take many years to get through.
Dr Simon Longstaff: Whatever the result, the proposed referendum on a Voice to Parliament is going to be an extraordinary moment. What are your hopes at this point?
Teela Reid: I hope that people are willing to step up and be engaged and make informed choices for themselves in a conversation that should absolutely be based on the facts and not one in which we should be enlivening racism or anything like that. I do believe it’ll pass. I think there is so much goodwill in the Australian community.
If you look at history, the most successful referendum in 1967, shows that Australians actually feel very deeply on this issue. I’ve travelled to lots of different parts of the country, and engaged with fence seaters or people who want to protest to these kinds of conversations. By the end of it, you sit down, you listen, you work through these conversations and people’s hearts really get it.
Dr Simon Longstaff: Is this a beginning of a new set of possibilities in this country?
Teela Reid: I do believe it is. We all know the Uluru Statement has called for a First Nation’s Voice. One of the things I am grappling with both in the legal sense and the moral sense, it’s the enormous compromise our people have to make decade after decade after decade for this nation to just have a breakthrough. It happened with land rights. The Barunga Statement was gifted to Hawke. Hawke promised a treaty, he gave the nation reconciliation. It’s probably why we’re three, four decades behind right now. I don’t think that Prime Ministers like Hawke should be revered for what they’ve done. Even around when Whitlam came in for his short time in power, there were decades of activism and movements that were demanding big things, big changes. And it was only because of that activism that within those three, four years there was able to be this watershed moment of legislation and changes.
One of the things I am grappling with both in the legal sense and the moral sense, it’s the enormous compromise our people have to make decade after decade after decade for this nation to just have a breakthrough.
And so here I am thinking now, there’s another compromise being made. Perhaps this is more my moment of having to grapple with the way in which compromises are made in the political space.
I hope that everyday Australians are able to take this opportunity this year to actually reflect and educate themselves on the bigger picture and part of the story to this. Because we’re only really seeing it through that one little kind of myopic lens now that there’s going to be one ballot box and you’re going to be voting yes or no. But there is so much more to this.
Simon Longstaff: Are you optimistic that people understand this? Can we resolve the question of legitimacy?
Teela Reid: I do believe it’ll pass, yes. I think there’s so much good faith and goodwill in the people. The strategy behind this movement is correct. Going to the people and not the politicians is what changed this nation. At every single turning point the only reason it’s on the national agenda is because of everyday Australians. It won’t be easy. I think that people shouldn’t get complacent about where we are now. Between now and the ballot box, every single one of you is going to have start your own campaign. Take this extremely seriously. For someone like me, it doesn’t stop.
For everything you need to know about the Voice to Parliament visit here.
This is an abridged version of In Conversation with Teela Reid. Watch the full discussion below.
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The Ethics Centre is a not-for-profit organisation developing innovative programs, services and experiences, designed to bring ethics to the centre of professional and personal life.
Can philosophy help us when it comes to defining tax fairness?
Nothing is certain, except death and taxes. We can’t make the former fair but we can at least try when it comes to taxation.
Tax is fundamental to government. It is essential to fund the services we require to live in a modern society, including military, police, judiciary, roads, healthcare and education. It has also become more important in recent decades. At the time of Federation, the Australian tax system collected around 5% of GDP. Today this number stands at around 29%.
But is it fair? Are we paying too little or too much tax? Should those with greater means pay more? These are questions that must be asked of any tax system, and two works by philosophers offer very different answers.
The first is Robert Nozick’s Anarchy State and Utopia. It argues that individuals (and, by extension, the corporations they own) ought to own 100% of their income. Individual property rights are paramount, and any taxation beyond what is required to protect borders and protect these property rights is unjust. In short: only public expenditure on the police and military can be justified.
One of Nozick’s more colourful claims is that taxation is on par with forced labour. Tax forces workers to work in part for themselves, and in part for government.
But while Anarchy State and Utopia is a cult favourite of many modern-styled libertarians arguing for lower taxes, most people consider its position on tax unfair. Many find the consequences of the gross inequalities Nozick permits objectionable, while others argue a child’s right to public education, or a citizen’s right to universal healthcare, outweighs the right individuals or corporations have to their pre-tax wealth and income.
An additional issue for Nozick is how to determine who funds the military and police. Should it be a fee for service? And if so, does this mean only the very wealthy who pay tax should enforce property rights, given they have the most to benefit and lose without military and police? Or should everyone pay an equal amount of tax, regardless of their income or wealth or their ability to pay? (The fallout of this was seen in the 1990’s in the UK when a Thatcher Government head tax proposal was met with violence and riots in the street).
The other side of the tax coin
The second perspective comes from Thomas Nagel and Liam Murphy in their book The Myth of Ownership. They tackle the definition of tax fairness in a nearly opposite way to Nozick. They argue that it does not make sense that citizens have full (or any) rights to their pre-tax income and wealth because income and wealth cannot exist without government. Individual and corporate incomes, and the level of incomes, occur because of the existence of government, not despite it.
They have a point. A successful Australian economy requires the enforcement of law, market regulation, monetary policy (not least for the currency we use), and regulation that prohibits collusion, intimidation and other forms of business malpractice. A banker earns money because the government has mandated a currency – and she keeps her money because property rights exist. A lawyer’s income occurs because of the legal system, not despite it. We might also argue that a successful Australian economy requires investments in public education and public healthcare.
Yet, while individual and corporate income may be contingent on the existence of government, and markets might not be considered perfectly fair nor free, it doesn’t follow that market determined outcomes are completely arbitrary. We often say that someone deserves to earn more if they work harder. So if someone decides to go to university or undertake a trade, rather than surf all day, we might think they deserve a higher salary.
This very simple point (not to mention the very real practical issues with discarding market-based outcomes) mean Nagel and Murphy, like Nozick, fail to provide a complete blueprint for us to determine tax fairness. Nozick fails because he assumes market distributions are 100% fair; Nagel and Murphy fail because they assume market distributions (and any and all inputs that determine these distributions such as hard work and effort) are irrelevant.
And yet both philosophies help us focus on important tax fairness elements. Nagel and Murphy show it is important to focus on people’s post-tax positions and effectively highlight that pre-tax market determined income and wealth are not necessarily “fair”, largely because these incomes and wealth cannot exist without tax and government. Nozick effectively highlights that income and corporate tax can only be justified if associated government expenditure can also be justified.
Even if you find that neither of these perspectives to be the right one, they help establish the parameters of a fair tax system. It’s then up to us to inject our values to determine which system is right for the kind of society we wish to live in.
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BY Joshua Pearl
Joshua Pearl is the head of Energy Transition at Iberdrola Australia. Josh has previously worked in government and political and corporate advisory. Josh studied economics and finance at the University of New South Wales and philosophy and economics at the London School of Economics.
How far should you go for what you believe in?
Do we all have a right to protest? And does it count if it doesn’t result in radical change? Grappling with its many faces and forms, philosopher Dr Tim Dean, and human rights lawyer and chair of Amnesty International UK, Dr Senthorun (Sen) Raj unpack what it means to ethically protest in our modern society.
In the wake of 2023 World Pride and Sydney Gay and Lesbian Mardi Gras, Raj and Dean reflect on a fundamental question present in all protest: What is it you’re protesting?
The first challenge is in agreeing on what the problem is: Is it freedom we’re fighting for? Equal rights? Sustainability? From there, you’ve got to expose the fault to enough people who are motivated to join in on the resistance.
“We can hope for a better future, but is it enough to just hope?” – Sen Raj
Even if a protest is small in numbers, it can be lasting in impact; just consider Sydney’s first Mardi Gras. It was a relatively modest event that’s now grown to nearly 12,500 marchers and 300,000 spectators. But it began with a fraction of those numbers. Late in the evening on 24 June 1978, a group marched toward Hyde Park with a small stereo system and banners decorating the back of a single flat-bed truck, like a scaled-down parade float. The march intentionally coincided with anniversary of the 1969 Stonewall riots, which remains a symbol of resistance and solidarity among the gay and lesbian community. As the night progressed, police confiscated the truck and sound system. Eventually, 53 people were charged – despite having a permit to march – after they fought back in response to the police violence. To this, Ken Davis, who helped lead the march, said, “The police attack made us more determined to run Mardi Gras the next year.”
“Protest” has multiple meanings
A meaningful protest doesn’t have to be major like Mardi Gras. Sometimes, protests by brave individuals alone have extraordinary impacts.
Thích Quảng Đức, a Mahayana Buddhist monk, famously burned himself to death at a busy intersection in Vietnam on 11 June 1963. In the height of the Buddhist crisis in South Vietnam, Quảng Đức performed this self-immolation to protest Buddhist persecution. The harrowing photo of him calmly seated while burning alive touched all corners of the globe and inspired similar acts of sacrifice in the name of religious freedom.
Protests need not be so drastic, though, to have an impact. On 16 December 1965, a group of American students protested the Vietnam War by wearing black armbands with peace signs on them to school. When administrators told the students to remove the bands and they refused, they were sent home. Backed by their families, the Iowa school’s barring of student protest reached the Supreme Court. The famed Tinker v. Des Moines decision held that students don’t “shed their constitutional rights to freedom of speech or expression at the schoolhouse gate.”
The Tinker case is proof that protests, no matter how minor, can give rise to reformation. But we shouldn’t enter all protests with an expectation of radical change. Dean and Raj agree the assumption that transformation is the mark of a successful protest ought to be re-examined, as a clear outcome isn’t the only metric of success. As Raj said, “There is a tendency at times to assume that a protest will have a very clear message – a defined endpoint or outcome.”
Though progress might prove slow, it’s progress, nonetheless. We should act with the intention of spreading a message and entering a larger conversation that may or may not modify the status quo. Does a protest count for nothing if it doesn’t result in sweeping change? Is it not enough to ignite the spirit of defiance in just one soul? Or to simply express your authentic self even if it has no impact?
“For me, being queer, being trans, being part of a community that is marginalised and stigmatised for who you are or what you do, in itself, is a form of protest.” – Sen Raj
For members of the LGBTQIA+ community, Raj highlights how, “by virtue of existing, these individuals are being policed.” He says, “For me, being queer, being trans, being part of a community that is marginalised and stigmatised for who you are or what you do, in itself, is a form of protest.” So by refusing to conform and loving who they want, not holding themselves to gender or sexual norms, LGBTQIA+ people protest every day. It’s not a large mass gathering, but it’s a kind of protest, nonetheless. Authentic expression begets liberation; we ought not trivialise the importance of any protest, big or small, as it takes real courage to take part in something larger than yourself.
Does violence have a place in protests?
Just as protests can manifest in many forms, they can also be carried out differently.
Because tragedy and injustice are what usually catalyse protests, they’re often charged with strong – and sometimes overwhelmingly negative – emotions. It’s no surprise, then, that some protests turn violent.
But is violence ever permissible in a protest? And if police instigate it, do protesters have a right to protect themselves?
During the racial tensions in 1960s America, many protests ended in violence, especially by police. Images capture the savage behaviour in Birmingham, Alabama, where police unleashed high-powered hoses and dogs on Black protesters. In spite of such violence, they had no space to defend themselves; fighting back meant certain arrest. As Dean and Raj detailed in the discussion, sometimes authorities use this tendency towards self-defence to provoke violence and thus justify further oppression. Race riots persist in America as the fight against systematic racism and police brutality continues. The Black Lives Matter movement (BLM), founded in 2013 and popularised after a policeman wrongfully killed George Floyd in 2020, continues the fight for Black rights.
The fragility of protesting
The right to protest isn’t guaranteed and must be protected. In the absence of protest, the government and other institutions could operate unchallenged.
In Hong Kong, China enacted a new national security law in 2020 that’s a major barrier to protesting. Already, hundreds of protesters have been arrested. On paper, the law protects against terrorism and subversion, but in practice, it criminalises dissent. In the absence of protest, the powerful can ignore and silence the concerns of the masses. If a system is broken, binding together and protesting is an essential step in fixing it. Without protests, a broken system will remain broken.
“That’s what gives rise to protests, is that refusal. That refusal to allow for social or political worlds that oppress you to continue unchecked, and to say ‘Enough’.” – Sen Raj
Anti-protest laws aren’t a uniquely Hong Kong phenomenon. In April 2022, the New South Wales government passed more stringent legislation that punishes both protests and protesters that illegally dissent on public land. By blocking protests that prevent economic activity, critics say it’s an extremely undemocratic measure and threatens protests at large. Plus, it creates a hierarchy among protests, where some are viewed as valid while others aren’t. This raises the larger question of whether it’s the government’s place to determine which protests should be allowed. Does asking permission to protest do an injustice to the demonstration?
A way forward
It’s important to note that there’s no one way to protest. The textbook protest of a group of angry, fed-up citizens waving signs and shouting in the streets doesn’t always hold true. And so we’ve got to remember that protest need not look a certain way or foster radical change to be successful. It need not be a grandiose display of floats and intricate costumes parading down Oxford Street, like today’s Mardi Gras; sometimes it’s enough for one person to speak their mind.
Raj reminds us that protest ought to be messy, joyous and painful but should include care, respect and solidarity. He encourages us to abandon the stereotypical depiction of protest and embrace the possibility of many protests. It’s limiting to try and definitively define what it means. “Protest” is encapsulating of so many movements, minor and mammoth. Instead of trying to box it into one definition, let’s find beauty in its vastness.
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BY Cameryn Cass
Cameryn Cass is a curious writer and an editor-in-training who studied at Michigan State University. Her primary focus is environmental storytelling, as she deeply loves the natural world and intends to use her voice to defend it. Outside of work, she loves to hike, rock climb and practice yoga.
The Constitution is incomplete. So let’s finish the job
On July 9, 1900, Royal Assent was given to the Commonwealth of Australia Constitution Act 1900. This act made provision for a series of sovereign colonial states to come together and form “one indissoluble federal commonwealth”. Section 6 of the act defines the states. It lists by name an initial seven colonies – and allows for others to be admitted at a later time.
“Hang on,” you might object, “everyone knows that there were, and are, only six states. What’s this nonsense about there being a seventh?”
Well, the framers of the Constitution wanted to recognise all of the smaller sovereign states that might make up the larger whole. So, the list included New Zealand. Indeed, when in 1902 the Commonwealth Parliament determined who could vote in federal elections, it singled out New Zealand’s Maori people for inclusion – while excluding the vast majority of Australia’s own Indigenous peoples.
This is breathtaking.
If you are wondering what any of this has to do with the proposed referendum about the Voice to Parliament, then consider this.
Those who put together the Constitution never finished the job. They left out those with the greatest claim to sovereignty of all.
Now we have the chance to finish the job – to make our Constitution whole.
We are on the cusp of resolving one of the most profound questions we face as citizens: will we afford constitutional recognition to the descendants of those First Nations peoples whose sovereignty was ignored by the European colonists?
A number of arguments have been put forward as reasons to oppose constitutional recognition of First Nations peoples in the form of a Voice to Parliament. Those arguments include that a Voice:
- Weakens First Nations’ claims to sovereignty.
- Will not lead to a tangible improvement in the lives of Indigenous peoples.
- Is “racist” and undemocratic in that it affords a privilege to one “race” over all others.
- Will increase legal uncertainty – especially when interpreting the Constitution.
In every case, framing the debate in terms of sovereignty helps us to see why these objections, while sincerely made, are not well founded.
It is feared, by some, that constitutional recognition will weaken the claims to sovereignty made by First Nations peoples. However, the Australian Constitution specifically preserves the sovereignty of each of the states that were recognised at Federation. Furthermore, all of their state laws remain intact. The only effect of the Constitution is to render state laws inoperative to the extent that they are inconsistent with valid Commonwealth legislation. Rather than destroying sovereignty, the Constitution recognises and preserves it – even as earlier laws become attenuated.
It might be objected that the First Nations of pre-colonial Australia were not “sovereign states”. However, they meet all of the accepted criteria. They may have been small – but size of territory or population does not matter (think of Monaco, Liechtenstein, Tuvalu and so on – all states). The First Nations had clearly defined borders. They had distinct laws – and processes for their enforcement. They traded – domestically and internationally (for example, centuries of trade between the Makassan people of modern Indonesia and the Anindilyakwa people of the Groote Eylandt archipelago, and others). They fought wars over people and resources and to defend their territory. All of this was anticipated by British law and policy. It was only blind ignorance and prejudice that stopped the colonists recognising the sophisticated array of states they encountered here.
A second objection is that constitutional recognition will do little or nothing to “close the gap”. Surely, Indigenous peoples have a far better idea of what is needed to address the enduring legacies of colonisation than do the rest of us. Certainly, they could not do a worse job than we have so far. So, I believe a Voice to Parliament will make a positive difference in the material circumstances of First Nations peoples. However, while important, this misses the point.
Imagine someone heading out into remote Queensland in 1899 – to tell the people living there that remaining as a crown colony might lead to better outcomes in the future. There would have been a riot in response to the suggestion that Queensland should be left a colony while the rest of the colonial states formed a federation. Even the West Australians decided to join – not because Federation guaranteed a better outcome for the people of each state, but because of the dignity it conferred on citizens of the newly established nation. It’s the same for those forgotten or ignored when the first round of Constitutional crafting was done.
The next “bad” argument claims that the creation of a Voice confers a benefit on one group of people because of their “race” – and that to do so is racist and undemocratic. Once again, the argument fails to take account of First Nations peoples as members of sovereign states. Those states existed – certainly in Natural Law (and probably more formally) for centuries prior to colonisation. The citizens of those states were exclusively Indigenous – not as a matter of racial policy but as a simple fact of history. The same would have been true of other ancient states in other parts of the world which, at one time or another, would have been made up of groups of people related through kinship and so on.
So, if we see our late recognition of the peoples of the First Nations through the lens of sovereignty and citizenship, there is necessarily going to be overlap between that citizenship and membership of a distinct group of related people.
This is not about privileging one “race” over another. It is simply acknowledging the fact that the citizens of the First Nations that we hope to recognise are all bound by a kinship grounded in deep history.
Finally, we come to the argument that an amendment to the Constitution will cause legal uncertainty – with the High Court spending wasted hours in interpreting the new provisions of an amended Constitution. If this is a valid reason for not amending the Constitution, then it is better that we should not have had a Constitution at all. Every clause in the Constitution of 1900 is open to interpretation by the High Court. Indeed, the High Court has spent a vast amount of time interpreting provisions (especially concerning the valid powers of the commonwealth). So, yes, an amendment might lead to disputes in the Federal and High Court. So what? That happens every day in relation to sections of the Constitution that are more or less taken for granted.
Finally, I am happy to see a decreasing number of people are arguing that the voice will be a “third chamber” of parliament. It will not. The Voice will be able to make representations and to advise – using whatever mechanisms the Commonwealth Parliament prescribes. The Voice will decide nothing on its own. It cannot veto any act of parliament or decision of government.
First Nations peoples have asked for something very modest. They want to be recognised. They simply want to be heard in relation to matters that have a direct bearing on their lives.
Our Constitution is a pretty good document. However, its authors left something out. While recognising the sovereignty of all others (even Fiji was in the mix for a while), they overlooked those with the best claim of all.
Imagine a fence made without a gate, a car without brakes and a cake without icing. They’ll work well enough. But they’re not complete. That’s the deficiency in our Constitution – it also works well enough, but it is not complete.
Let’s recognise what was forgotten. Let’s finish the job.
This article was first published in The Australian.
For everything you need to know about the Voice to Parliament visit here.
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BY Simon Longstaff
After studying law in Sydney and teaching in Tasmania, Simon pursued postgraduate studies in philosophy as a Member of Magdalene College, Cambridge. In 1991, Simon commenced his work as the first Executive Director of The Ethics Centre. In 2013, he was made an officer of the Order of Australia (AO) for “distinguished service to the community through the promotion of ethical standards in governance and business, to improving corporate responsibility, and to philosophy.”
Who is to blame? Moral responsibility and the case for reparations
Reparations recently made the news after the COP27, with poorer countries demanding richer countries pay for damages caused by global warming. But, are reparations the best way to achieve justice for previous harms, and what do they tell us about moral responsibility?
Throughout the 19th and 20th centuries, western countries developed and industrialised without many (or any) regulations. Coal burning factories produced new technologies, new agricultural practices led to chemical runoff and land clearing, and global trade and travel have accelerated the production of man-made greenhouse gases. Historically, developed countries have contributed to just under 80% of total carbon emissions.
As a result, devastating floods, bush fires, droughts and storms have ruinous impacts on communities and countries. Rising sea levels threaten small island nations and coastal towns alike. The countries and populations feeling the biggest impacts tend to be poorer and have fewer resources to deal with the fallout of climate related catastrophes.
Climate change is a global issue, and it’s clearly impacting poorer, less developed countries in more drastic ways than wealthier ones. Can reparations really be a solution to such a complex issue?
What are reparations?
Reparations are usually monetary (or something else that transfers wealth, like land) compensation, paid by a dominant group to an individual or a group that has been wronged or harmed. Reparations are usually viewed as one mechanism for remedying a past injustice. Given past injustices have created present-day inequalities and much of this inequality is socioeconomic, reparations are one way to make amends and “even the playing field.
The controversy surrounding reparations
Reparations become controversial when we overlay our common conceptions of moral responsibility. We typically view someone as morally responsible for something if they caused that thing to happen. For example, if you steal something from a store and are fully aware and in control of yourself, most people would view you as morally responsible for that action, and therefore deserving of the repercussions that come from stealing.
But, who is morally responsible for the global climate crisis? European countries have some of the most progressive climate change policies in the world today, but were responsible for the majority of emissions during the 19th and 20th centuries. On the other hand, China and India haven’t historically been big emitters, but today they are. It’s unclear who is more responsible for the state of the climate today. So, if we can’t find someone or some group directly morally responsible, should reparations be paid at all?
The case for reparations
There are two main reasons why I think our common notion of moral responsibility translates into a good enough argument in favour of reparations.
Firstly, we need to think about what inequality looks like in the world. Much of the inequality that we can observe is economic, and it is often the direct result of past injustices.
If we truly want to live in a just world, we are going to need to level the playing field, and money is one of the most effective ways to do that.
The question is: where should this money come from? Whether or not someone from a dominant group actively participated in or committed one of these wrongs, they likely experienced either direct or indirect benefits.
For example, industrialised countries have benefited from the use of fossil fuels, and generated their wealth through manufacturing and trade, which compounded over decades and centuries. To the extent that individuals and groups today have benefited from past injustices, then they owe some reparations to the groups that are disadvantaged because of those past injustices. Wealthy countries, therefore, that have compounded wealth that came from industrialising during a time where carbon emissions remained unchecked should pay reparations, even though none of the people alive today actively contributed to the climate emissions of the past.
Second, reparations acknowledge that the payer has some responsibility for the wrongs committed towards the payee. As former prime minister Scott Morrison said about $280 million of reparations that Aboriginal communities received in 2017, “This is a long-called-for step… to say formally not just that we’re deeply sorry for what happened, but that we will take responsibility for it”. Paying reparations acknowledges that harm occurred to a group of people because it recognises that there is lasting inequality that has occurred from that harm. In addition, the person or group paying the reparations recognises that they have benefitted from the harm or inequality, even if they didn’t directly cause it.
While reparations don’t promise to remove all inequality or solve every injustice, they are an important step for dominant groups to acknowledge and accept responsibility for harms of the past, as well as taking an important step to close present socioeconomic gaps.
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BY Anna Goodman
Anna is an undergraduate student at Princeton University, majoring in philosophy and minoring in gender and sexuality studies.
Who’s afraid of the strongman?
Donald Trump has announced his second run for presidency in 2024. With a reputation for both passive and active violence, and a disregard for democratic integrity, the prospect of another Trump presidency is feared by many. But for others, his re-election would mark the promising return of a strong, capable leader. How do we begin to make sense of these contemporary communities which seem to either fear or revere their elected leaders? And are there ways such polarised receptions can ever be avoided?
Historian Ruth Ben-Ghiat knows just how Trump, operates. He’s following the strongman’s playbook, one that has four guiding features. Strongmen put their personalities at the front of their politics, they embrace machismo norms, relish in corruption, and do not shy away from the power of violence. We can use these insights to sniff out the strongmen lurking in systems of governance. Ben-Ghiat emphasises that we should be strongly motivated to do just this, as there is ‘too much at risk not to try’.
Cultish personalities are formed around these political leaders as they work to present themselves as ‘a man of the people’. They emphasise their standout character while simultaneously asserting themselves to be no different than the common citizen.
Their embracing of machismo, Ben-Ghiat explains, is reflected in hypermasculine behaviours, showcasing these examples with shirtless photos of both Trump and Putin. Women, they say, are ‘the enemy of the strongman’.
Corruption in the case of the strongman is of both the ‘moral and professional’ variety. We are told that the strongman commonly grants pardons which ‘free up criminals for service’, channelling those who some may take to be immoral offenders into positions of political power.
To convey their relationship to violence, Ben-Ghiat directs us to the presence of weapons in recent Republican political campaigns in the United States, telling us that these men ‘think they look strong, but it is really a sign of insecurity’. The strongman is making up for something.
Ben-Ghiat tell us that a contemporary commonality of these men is that they are often democratically elected, and that they pose considerable threats to the democratic systems in which they embed themselves.
Trump’s rallying tactics and his subsequent role in and commentary on the 2021 Capitol riot may be taken as emblematic of these strongman features. His mass appeal has been argued as being largely derived from ‘performative’ techniques that obfuscate his political goals or capacities more broadly. Trump continues to claim the democratic integrity of the United States to be under threat, asserting the actions of the Capitol rioters as warranted given the presence of electoral fraud in the country.
In these ways and others Trump seems to aptly align with Ben-Ghiat’s constructed, strongman persona. Impeachment, ongoing congressional hearings and public scrutiny evidently do little to undermine Trump’s confidence and his desire to reobtain the political power he once held.
There are mounting concerns that this phenomenon is not isolated to the United States. And that politicians globally can be seen as working to strengthen centralised systems of political power in ways which align with authoritarian leadership regimes. Could there be a risk that even the most historically democratic governments could begin to shift in comparable ways? If so, what could be done to manage that risk?
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Pursuing political instigators of harm is a coherent goal and a strong incentive to Ben-Ghiat’s work. State leaders, even when democratically elected, are fashioned with powers that endow them the capacity to do both a world of good, and a world of harm. Many people were directly harmed by policies of the Trump administration; even more were harmed from the uncertainty his particular presence in office brought into their daily lives.
Ben-Ghiat recognises these sorts of harms and aims to call out the various features which they take as both forging and propagating them, egotistical, corruptive, and violent figureheads. When bundled together, these form the strongman, and for Ben-Ghiat the strongman should be our target.
If the goals of this work are the management of uncertainty and the desire to retain confidence in our capacity to uphold democratic structures and installed systems of justice, and we are sympathetic to these goals, we need ask what Ben-Ghiat’s approach to achieving them misses, or more poignantly, what it risks.
Bertrand Russel, not unlike Ben-Ghiat, was similarly sceptical of politicians. He remarks, “since politicians are divided into rival groups, they aim at similarly dividing the nation…”. Importantly distinct from Ben-Ghiat however, Russel’s scepticism is namely directed at the two-party political system as it stood in early 20th century Britain, and the impact this system has on the wider populations who comprise it.
Features of Ben-Ghiat’s strongman criteria are not in opposition to Russel’s characterisation of political figures more broadly. Yet Russel’s evaluations of these harm attend more heavily to the relationships that citizens, or voters, have to these politicians.
“The power of the politician, in a democracy” Russel writes, “depends upon his adopting the opinions which seem right to the average man”. For Russel, both the best and the worst of our politicians are reflections of and responsive to the ideas and sentiments of the populations they operate within.
The risk of Ben-Ghiat’s approach is that attending so heavily to the strongman, determining what he is and is not, may unhelpfully be turning our gaze away from our communities who, as Ben-Ghiat remarks, oftentimes democratically elect the very figureheads they and others wish to repudiate.
Sources of harm do not always come to us wrapped up in neat and tidy (shirtless) packages. Tirelessly seeking to group together ‘bad men’ can diminish our capacity to see other less precise but perhaps more pervasive sources of harm.
Comprehensively managing any risk a strongman may pose to our society will only be minimally addressed by stringing together various features that are said to necessarily render that man strong.
There is certainly time and space for the sort of work Ben-Ghiat dedicates themselves to.
Though if we are committed to protecting systems of democracy, and to ensuring that basic rights are genuinely upheld, we may be best served by turning our attention away from contemporary figureheads and towards those who cast their votes in favour of them, and to those systems of governance that forge and foster polarisation.
Naming and shaming the strongman, however accurately, will do little in the face of many who take his central features to be admirable strengths. Let us ensure that our pursuits of certainty and stability do not come at the cost of neglecting to engage with those around us who evidently have different assessments about just how risky a strongman really is.
Tune into Ruth Ben-Ghiat’s full FODI 2022 discussion, Return of the Strongman
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BY Georgia Fagan
Georgia has an academic and professional background in applied ethics, feminism and humanitarian aid. They are currently completing a Masters of Philosophy at the University of Sydney on the topic of gender equality and pragmatic feminist ethics. Georgia also holds a degree in Psychology and undertakes research on cross-cultural feminist initiatives in Bangladeshi refugee camps.
Sportswashing: How money and politics are corrupting sport
Many believe that sport transcends politics. But it can also be used as a political tool to distract attention from human rights abuses, making sportspeople and fans complicit.
Legions of football fans with faces daubed in their national colours fill the spotless new stadium and explode into a roar when their team lands the ball in the back of net at the FIFA World Cup 2022 in Qatar.
From the promotional video alone, the scene seems to exemplify what people love about big sporting events: the emotional highs and lows; the vibrant carnivale atmosphere; the fierce competitive spirit; the skill of the athletes.
But to the millions of migrant workers in Qatar, many of whom helped build the very stadiums that are to host the games, the World Cup likely means something very different.
Qatar has long been criticised for the kafala system of sponsorship-based employment for foreign workers, which has led to underpayment, wage theft and unsafe working conditions, leaving workers powerless to change their employment circumstances. Qatar also has a history of women’s oppression, with women requiring permission from a male guardian to exercise many basic rights, such as pursuing higher education, working in certain jobs or traveling abroad. LGBTI people have also been subject to discrimination and abuse in the country, even on the lead-up to the World Cup.
So it is no accident Qatar is spending billions to host the World Cup, with estimates suggesting the government has pumped over $US 220 billion into the event – more than fifty times what Germany spent in 2006 when it hosted.
This is ‘sportswashing.’ The Qatari government is hoping it can appropriate the positive associations fans have with football to elevate its own status on the international stage and distract from its ongoing human rights violations.
And Qatar is not alone in the practice: Saudi Arabia, another nation with a problematic human rights record, has spent over $US 2 billion on its LIV Tour for golf; and China, criticised for its ongoing persecution and internment of its Uyghur minority, spent billions hosting the 2022 Winter Olympic Games.
But what’s so bad about a country with a troubling human rights record supporting or hosting an unrelated sporting competition? Does watching or travelling to that country to attend the competition make spectators complicit in human rights abuses? And shouldn’t sport be kept separate from politics? To answer these questions, we first need to be clear about what sportswashing is.
What is sportwashing?
Sportswashing refers to states – sometimes individiuals or corporations – that seek to use sport to bolster their image by distracting from their wrongdoing. It’s typically not just a matter of hosting games or supporting a national team but rather pumping money into sport specifically to change people’s attitudes about them.
Why sport?
Sport is more than just entertainment. It exemplifies what many people believe to be noble or aspirational virtues: discipline, hard work, individual excellence, teamwork. For spectators, sport generates intense feelings of belonging and a shared identity that verges on the sacred; a win for one’s team elevates oneself and one’s whole community. Sport also reaches a wide audience, including people who may not actively follow politics or world affairs.
So if a regime wants to bolster its reputation around the world, it’s hard to beat tapping into the positive associations people have with sport, especially high profile sports like golf, football or the Olympics. And all you need to do it is enough money. But what does all this money really achieve?
First impressions
What springs to mind when you think of Qatar? For many people whatever it is will be informed by what’s in the media. And if the media has been focusing on Qatar’s human rights violations, it’s these that can define their impression of the country.
This is why nations like Qatar are so keen to offer you new impressions. One function of sportswashing is to saturate the news – and internet search results – with topics other than human rights. If people know little about Qatar, and the World Cup pushes its human rights violations to the second page of Google’s search results, then fewer people will be made aware of them.
There’s another upshot of sportswashing: given many people have powerful feelings about sport, if the majority of the news they hear about Qatar is connected to their beloved game, then their feelings for sport can bleed over into their impression of the country.
Once that positive connection with sport is established, it can come to clash with negative associations they have about human rights violations, causing cognitive dissonance, which describes a tension between two opposing ideas. Most people tend to dislike the feeling of dissonance and will seek to eliminate it, often by ejecting one of the dissonant thoughts. Sportswashing nations hope that the ejected thought is the one about human rights rather than sport.
This is where sportswashing becomes ethically problematic. To the degree that it distracts from wrongdoing, such as human rights violations, it can contribute to the perpetuation of that wrongdoing. Countries are often motivated to enact reforms when they experience pressure from other states, especially large democractic states that are reacting to internal public pressure. If the population is distracted by sport, then public pressure can wane.
Just not cricket
Sportswashing is insidious, as it co-opts something that is otherwise benign and makes those who innocently endorse it complicit in achieving a political end.
But just because someone was not aware of, or chose to ignore, the political dimension of the sporting event, that doesn’t mean they are absolved of responsibility. Sadly, sportswashing makes anyone involved in it complicit to some degree.
If we believe that our ethical obligations extend to those parts of the world that we affect through our actions, then we must consider how our spectating or participating in a sportswashing event might contribute to perpetuating human rights abuses. If we are paying to attend a sportswashed event, we are contributing financially to enabling that event to take place, and through our attendance, we are normalising that activity for others.
There is an even greater ethical weight placed on the shoulders of sportspeople, who are often viewed as role models and whose behaviour can be seen to normalise certain values. This is why we place such emphasis on sportspeople behaving responsibly on and off the field, such as in nightclubs or in their private relationships.
If a sportsperson accepts money to participate in a sportswashed event, that sets a standard for others. And if they are aware of the ethically problematic nature of their hosts, then this opens them to a charge of hypocrisy, as in the case of Phil Mickelson, one of the world’s top golfers, who accepted $US 200 million to join the LIV Tour despite admitting he was aware of Saudi Arabia’s “horrible record on human rights”.
Washing sport
However, there are ways of pushing back against sportswashing. The first is to refuse to support it financially, such as by not buying tickets to the events or subscriptions to the coverage in the media. For some, this will mean missing out on watching a sacred sporting event, and it’s important not to understate how big a cost that might be for them.
However, if they choose to watch, they can consider how to reduce or nullify the impact of the sportswashing. That could involve informing themselves and others about the true state of affairs, reducing the informational distortion caused by sportswashing. In fact, there is evidence that Qatar’s World Cup sportswashing gambit may be backfiring by drawing attention to the very human rights issues it hopes to distract from.
Sportspeople have an even greater responsibility but also a greater potential impact for good. Some have refused to participate in sportswashed events, such as golfer Tiger Woods, who reportedly turned down an offer in excess of $US 700 million to join the Saudi-backed LIV Tour.
In some cases, participating in a sportswashed event can be offset if the individuals work to counter the sportswashed narrative, as in the case of the Australian Soccerros, who released a protest video about human rights in Qatar. While they are playing in the World Cup, they have used their platform to support migrant workers and the decriminalisation of same-sex relationships in Qatar. Football Australia also released a similar written statement. Arguably, more Australians now know about Qatar’s human rights record than if the state had never been chosen to host the World Cup.
When states are involved in funding sport, then sport can no longer be said to be removed from politics. Through sportswashing it becomes a political tool. If we want to maintain sport as a pure and sacred pursuit, then we must consider how we choose to engage with it and how we might avoid or counteract the power of sportswashing to distract or normalise wrongdoing.
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BY Dr Tim Dean
Dr Tim Dean is Philosopher in Residence at The Ethics Centre and author of How We Became Human: And Why We Need to Change.
Should corporate Australia have a voice?
The Albanese government is preparing for the fight of its life to convince Australians an Indigenous advisory body, known as the Voice to Parliament, should receive a simple “yes” in a referendum due to take place in October 2023. But whether the Australian business community should abstain or pick a side in the campaign is a little more complex.
Some business leaders have already openly backed the Voice. CSL’s Brian McNamee called embedding Indigenous people into our Constitution for the first time nothing less than a “greater need” for the nation. Lendlease’s CEO Tony Lombardo said his company was “right behind” the Uluru Statement from the Heart and had urged his staff to think deeply about the constitutional amendment and the benefits for our First Nations peoples and the broader Australian community.
But business taking a public stance wasn’t always so. In decades prior, corporations strained to stay impartial by not weighing in on heavily politicised or social issues, seeing it as a polarising death wish amid the cohort of its customers who may err to the other side (though big political donations were a telling exception to this unofficial rule).
But the rise of social media in the era where progressive politics has assembled earth-shaking movements like Black Lives Matter, #MeToo and the fight to stop climate change has created a corporate environment where it’s not only expected companies to weigh in on big-ticket items – it’s great for business if they do.
Nearly 80% of Australians believe big brands should use their power to make an impact for real-world change on social and workplace inequality, according to research conducted by Nine and cultural insights agency FiftyFive5 – and it can turn into big bucks for corporations.
When beloved ice cream brand Ben & Jerry’s, which accounts for 3% of the worldwide market, announced in 2021 that it was stopping sales “in the Occupied Palestinian Territory (OPT)” because it was “inconsistent with our values”, Ben & Jerry’s sales saw a 9% yearly growth (though frustrated parent company Unilever denied the two were linked).
And it seems the Albanese government is all but expecting corporate Australia to take a stance on the Voice one way or another. In 2019, Prime Minister Anthony Albanese declared to the Business Council of Australia that business should feel free to speak out on social issues that align with their values.
“The most successful businesses operate in ways that reflect the values of their employees and their customers,” the then-opposition leader said.
“You are not just takers of profit – you see yourselves as part of the community.”
Albanese’s comments followed a heated speech from Scott Morrison’s assistant minister Ben Morton declaring chief executives “too often succumb or pander to similar pressures from noisy, highly orchestrated campaigns of elites typified by groups such as GetUp or activist shareholders”, foreshadowing the Teal uprising in the May federal election.
But corporate activism doesn’t have to mean go woke or go broke – as long as a company is seen as being consistent with its long-held values, a customer base or wider community will accept a more conservative position on a social or political issue too, as Daniel Korschun and N. Craig Smith write for the Harvard Business Review.
“People are surprisingly accepting of a company’s political viewpoints as long as they believe that it is being forthright,” the pair write.
“When a company makes sudden changes to its procedures or identity, it can raise red flags, especially with consumers for whom reliability is essential.”
To this end, a corporate in Australia that openly supports the “Yes” campaign for the Voice to Parliament may first quietly seek to understand the company’s own history with Indigenous Australia to avoid damning accusations of “woke washing” from the public.
Director of The Ethics Alliance, Cris Parker suggests leaders seek the answer to questions like: how many First Nations people are employed at the organisation, and is it far less than the 3% in wider society? Has the organisation proactively supported these staff, providing a culturally sensitive environment that recognises Indigenous rights?
“Basically, are you living the values of whatever social issue internally that you are considering speaking out about publicly?” Parker says.
For instance, when Nike released its “Dream Crazy” campaign to support Colin Kaepernick taking a knee during the American national anthem to protest police brutality, some were quick to point out Nike’s own reputation for using the sweatshop labour of people of colour abroad in countries like China.
Further, hot-button issues can polarise people not only within the customer base but within the work culture. Parker suggests that a corporation may add the most value during this time by fostering an environment where people can respectfully share ideas and reflect on issues together.
“Perhaps standing on a pedestal isn’t the approach which will have the greatest impact. Perhaps the impact of corporations is to demonstrate the ability to create spaces where there can be civil and informed debate – not to provide the decision or choice but to impartially inform employees and encourage intelligent enquiry,” Parker continues.
“When organisations shift to a specific advocacy position, particularly if it’s about members of our community, they risk disempowering those members and really we should be supporting self-determination.”
The best way to do this? Go back to the work culture, Parker suggests, and seek to use organisational values to create space for discussion, where crucially, everyone can feel included in the conversation.
Image by Matt Hrkac
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BY The Ethics Alliance
The Ethics Alliance is a community of organisations sharing insights and learning together, to find a better way of doing business. The Alliance is an initiative of The Ethics Centre.
BY Emma Elsworthy
Before joining Crikey in 2021 as a journalist and newsletter editor, Emma was a breaking news reporter in the ABC’s Sydney newsroom, a journalist for BBC Australia, and a journalist within Fairfax Media’s regional network. She was part of a team awarded a Walkley for coverage of the 2019-2020 bushfire crisis, and won the Australian Press Council prize in 2013.
Big Thinker: Kimberlé Crenshaw
Kimberlé Crenshaw (1959-present) is one of the most influential feminist philosophers of our time. She is known for her advocacy for American civil rights, being a leading scholar of critical race theory, and pioneering what we now know as the third wave of feminism.
Crenshaw was born in Ohio, US in 1959. As a child, she grew up through the US civil rights and second wave feminist movements, both which occured throughout the 1960s and 70s. This time of revolutionary movements towards equality influenced how Crenshaw was raised.
“My mom was a little bit more radical and confrontational and my father was a little bit more Martin Luther King and ‘find common ground’. Which is probably why there are strains of both of those in my work.”
In 1984, Crenshaw graduated from Harvard Law School. At this time, there was only one woman and one Black professor of the 60 who were tenured. She is now a tenured professor at the University of California, Los Angeles (UCLA) and splits her time there with the Columbia School of Law in NYC.
Where do race and gender meet?
“I argue that Black women are sometimes excluded from feminist theory and antiracist policy discourse because both are predicated on a discrete set of experiences that often does not accurately reflect the interaction of race and gender.”
Crenshaw is most notable for coining the term “intersectionality,” which refers to the idea that when someone has multiple identities, it causes them to experience different and compounded forms of oppression. Rather than oppression being additive across multiple identities, intersectionality tells us that the experience of oppression will be multiplied. For example, a Black woman will experience discrimination because she is Black, because she is a woman, and also because she is a Black woman – which is a different kind of discrimination altogether.
“Because the intersectional experience is greater than the sum of racism and sexism, any analysis that does not take intersectionality into account cannot sufficiently address the particular manner in which Black women are subordinated.”
In the academic world, the term intersectionality debuted in Crenshaw’s 1989 paper Demarginalizing the Intersection of Race and Sex: A Black Feminist Critique of Antidiscrimination Doctrine, Feminist Theory and Antiracist Politics. Many scholars would say that the publishing of this paper catalysed the third wave of feminism, which is characterised by advocates demanding a more wholistic type of equality for people of all genders, races, socioeconomic backgrounds, abilities, ages, and in all countries.
Two years after the paper was published, Crenshaw assisted Professor Anita Hill’s legal team during Judge Clarence Thomas’s confirmation hearing to the US Supreme Court in October of 1991. In an interview with the Guardian, she reflects that the experience cemented the need for an intersectional theory of social justice. It was clear that “race was playing a role in making some women vulnerable to heightened patterns of sexual abuse [a]nd … anti-racism wasn’t very good at dealing with that issue.”
Intersectionality finally appeared in the Oxford English Dictionary in 2015, where it is defined as “the interconnected nature of social categorizations such as race, class, and gender, regarded as creating overlapping and interdependent systems of discrimination or disadvantage.”
A founder of critical race theory
“You can’t fix a problem you can’t name.”
Crenshaw has also spent a large part of her academic career developing and writing about what is now known as critical race theory. In its purest form, critical race theory is a 40-year-old academic framework that concerns itself with defining and understanding the plethora of ways that race impacts American institutions and systems, and how American institutions and culture uphold racist ideals. Crenshaw’s own definition, however, is more of a verb than a noun. For her, critical race theory is “a way of seeing, attending to, accounting for, tracing and analysing the ways that race is produced.”
One of the big cultural issues in the 21st century in America has been whether to teach critical race theory in public schools across the country. Parents and politicians across America have fought to remove what they think critical race theory is out of children’s education. They have argued that CRT is racist and teaches kids to “hate their own country.” Crenshaw now says she sees her work “as talking back against those who would normalise and neutralise intolerable conditions in our lives.”
Where to now?
Crenshaw continues to educate and inspire the next generation by teaching classes in Advanced Critical Race Theory, Civil Rights, Intersectional Perspectives on Race, Gender and the Criminalization of Women & Girls, and Race, Law and Representation at UCLA. At Columbia, she continues to work on the AAPF and through the forum, co-authored a paper in 2015 with Andrea Richie entitled Say Her Name: Resisting Police Brutality Against Black Women.
She regularly writes for a number of publications and provides commentary for the new outlets MSNBC and NPR. Crenshaw also hosts her own podcast Intersectionality Matters.
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