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Tuesday, 17 June 2003
Page: 11765


Senator Brown asked the Minister representing the Attorney-General, upon notice, on 23 April 2003:

(1) In view of the fact that the United Nations Committee on the Elimination of Racial Discrimination has recommended the word `nigger' be removed from the controversial E.S. `Nigger' Brown stand at the Toowoomba sports ground because the term `nigger' is offensive and insulting, is Australia now in breach of the relevant United Nations convention.

(2) What action is the government now taking on the matter.

(3) Will the government take steps to ensure the word `nigger' is removed from the stadium.


Senator Ellison (Minister for Justice and Customs) —The Attorney-General has provided the following answer to the honourable senator's question:

(1) The Government is aware of the views of the Committee on the Elimination of Racial Discrimination (the CERD Committee) regarding the use and maintenance of the term `nigger' on the Toowoomba sports ground grandstand, the `E S `Nigger' Brown Stand'. The Committee is not a court and its views are not binding. The matter before the Committee had been considered extensively by the Federal Court of Australia, which concluded that, given the context in which the word `nigger' was used on the grandstand, it was not racially discriminatory. Leave to appeal that decision was denied by the High Court of Australia. The Government notes that, in announcing its decision, the CERD Committee noted with satisfaction the resolution passed by a public meeting attended by members of the local Aboriginal community and the chair of the Toowoomba sports ground trust that, in the spirit of reconciliation, racially derogatory or offensive terms will not be used or displayed in the future. The Government supports the community based resolution of this matter as appropriate in the circumstances.

(2) and (3) The Government is considering the views of the Committee. However, the Government notes that the matters raised in the communication have been thoroughly considered by the Australian Courts. As noted in the answer to question (1), the Federal Court of Australia has found that, given the context in which the word `nigger' was used on the grandstand, it was not racially discriminatory.