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Australia hit with discrimination complaint over Israel advocacy
The Australian Human Rights Commission has given the green light for a racial discrimination complaint to proceed against the federal government over its official comments made in the wake of Israel’s bombing of Gaza in May 2021.
Naomi Neilson
The complaint, brought by Birchgrove Legal on behalf of client Nasser Mashni, will set out that the government’s comments and its advocacy on behalf of Israel to avoid investigation by the International Criminal Court was hostile to Australian Palestinian human rights and furthered the ongoing discrimination and intimidation against them.
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Principal solicitor Moustafa Kheir said the racial discrimination matter is the first of its kind and will likely be “very significant”. In a statement, the firm said it hopes the outcome will bring legal consequences that make it a landmark test case.
“There should be consequences at home for governments that support foreign nation-states in carrying out land theft and violations directly against racial or ethnic groups where it causes discriminatory harm at home,” Mr Kheir said. “This situation is very distinct from other international issues in that the Australian government has taken a very active role in supporting Israel to avoid international pressure.”
The firm clarified that the right of return is critical to Palestinian people’s ability to pursue social and cultural development and that a failure to acknowledge that Israel is an occupying power “manifestly reframes, distorts and misleads public discourse”.
This distortion of public discourse then “subjects Australians of Palestinian heritage to continual discrimination, recrimination, suspicion, intimidation and the residual fear of victimisation when they identify as Palestinian. It leads people to believe that Palestinians are aggressors rather than victims”, the firm said.
The complaint is calling for the government to acknowledge that Israel, as an occupying power, occupies Palestinian land and outlines the special obligations attached to being an occupying power under international law. It also hopes that the government will identify when and how Israel has breached international law.
In addition to announcing its support of an investigation of allegations of war crimes and crimes against humanity by all parties, including Israeli authorities and Hamas, Ms Mashni is also seeking an acknowledgement that the human rights of Palestinian Australians are diminished by the denial of safe, free and secure access to home.
“Australia is home to so many cultures. A Prime Minister and government that tells the truth according to international law protects Australians. Telling the truth creates safe spaces for conversations to be had without vilification.
“What we have now is a Prime Minister and a government that stands among nations to hide the truth, to protect another nation-state, effectively denying my rights and other Australians with Palestinian ancestry,” Mr Mashni said.
