
Human Rights Commission considers discrimination complaint against Peter Dutton over Gaza comments
The Australian Human Rights Commission is considering a complaint that alleges Peter Dutton discriminated against Palestinians and Muslims in public comments after the 7 October 2023 Hamas attacks and during the subsequent war in Gaza.
The complaint, coordinated by the law firm Birchgrove Legal, includes allegations that 'Palestinian-Australian, Arab-Australian and Muslim-Australian complainants' reported feeling 'dehumanised … and humiliated as an 'Other' who does not and should not matter to Australia' as a result of some of the Liberal leader's public commentary.
The complaint also alleges that 'as a national political leader' some of Dutton's commentary has 'created an environment of permissibility not only for hatred and racism directed at Palestinian-Australian, Arab-Australian and Muslim-Australian complainants but also other Australians who express solidarity with Palestinians, leading to many reports of feeling intimidated not to attend rallies in support of Palestinians and not to express support'.
The complaint was lodged in late November and accepted for assessment by the human rights commission in January, the firm said.
The lead complainants are the president of the Australian Palestine Advocacy Network, Nasser Mashni, and the academic Prof Peter Slezak, who is Jewish.
The complaint lists numerous public comments by Dutton – some made at public events or in media interviews – which it alleges show racially discriminatory behaviour by:
'justifying or otherwise failing to condemn violence against Palestinian civilians by Israel in likely breach of international humanitarian law';
'erasing the human rights and equal dignity and worth of Palestinians by denying crimes and atrocities committed against them';
'and conflating Palestinians as being terrorists or terrorist sympathisers'.
It alleges racially discriminatory treatment of Jewish people in some of the public commentary by 'conflating Jewish people with Israel's conduct and putting Jewish people in the way of hostility, discrimination and even violent harm'.
Sign up for Guardian Australia's breaking news email
Dutton has consistently supported Israel throughout the Gaza crisis and called for stronger action in response to antisemitic attacks in Australia. He has acknowledged in comments not cited in the complaint that 'some Gazans will be people of good character, potentially able and willing to integrate into a democratic nation and subscribe to its values', and that some 'despise' Hamas, while calling for Australia to restrict the granting of humanitarian visas to Palestinians fleeing Gaza without thorough background checks.
A Birchgrove Legal spokesperson said the firm was confident it could demonstrate Dutton's comments that were cited in the complaint had contravened the Racial Discrimination Act.
'We need to demonstrate that everything he did was not reasonable and not in good faith and we think he has made that easy for us because he's been quite relentless and persistent in his commentary,' they said in a statement.
Section 18C of the act states that it is unlawful for someone to offend, insult, humiliate or intimidate another person based on their race. The complaint also cites section 9 which makes racial discrimination unlawful.
Sign up to Breaking News Australia
Get the most important news as it breaks
after newsletter promotion
Mashni in a statement accused Dutton of 'encouraging Australia to flout international law and withhold empathy to the human suffering occurring'.
Dutton's office did not respond when contacted for comment. The AHRC said it was 'unable to provide comment on any cases in relation to our complaints and handling arm'.
The commission does not investigate all the complaints it receives. But if it does investigate, it tries to resolve the matter by conciliation.
If that fails, the complainant can take action in the federal court.
In March Birchgrove Legal sent a request to the international criminal court to consider investigating Anthony Albanese, other members of the government (Penny Wong, Richard Marles, Clare O'Neil) and Dutton for alleged complicity in genocide over Israel's actions in Gaza.
The prime minister dismissed that request as having 'no credibility'.
Hashtags

Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles


The Herald Scotland
an hour ago
- The Herald Scotland
Two Israeli ministers sanctioned by UK for ‘inciting extremist violence'
The UK is taking the action to ramp up pressure on Israel alongside Australia, Canada, New Zealand and Norway. Mr Lammy said the two Israeli ministers had been 'inciting violence against Palestinian people for months and months and months, they have been encouraging egregious abuses of human rights'. In a joint statement with foreign ministers from the four other countries who have announced sanctions, the Foreign Secretary said the two senior Israelis had also incited 'serious abuses of Palestinian human rights'. The statement added: 'These actions are not acceptable. This is why we have taken action now – to hold those responsible to account.' Downing Street said the two ministers had been sanctioned in their 'personal capacities'. Foreign Secretary David Lammy said the two Israeli ministers had been 'inciting violence against Palestinian people for months and months and months' (Carlos Jasso/PA) Mr Smotrich and Mr Ben-Gvir both belong to right-wing parties which help to prop up Benjamin Netanyahu's fragile coalition government. Both have been criticised for their hardline stance on the war in Gaza. Mr Smotrich has campaigned against allowing aid into Gaza, and also supported the expansion of Israeli settlements in the West Bank, which are considered illegal under international law. Meanwhile, Mr Ben-Gvir has called for Gaza's people to be resettled from the territory. Asked if the Israeli government's actions in the Palestinian territories amounted to ethnic cleansing, Mr Lammy told reporters at the Foreign Office: 'I was clear to the House of Commons back in September that we did believe that there was a clear risk of a breach of international humanitarian law, and that's why we made a decision to suspend arms (sales). 'Today we are making a decision also to stand against those who encourage abuses of human rights, also to stand against those who encourage violence against Palestinian people.' The Foreign Secretary did not directly answer when asked why similar action had not been taken against Mr Netanyahu, and called on the Israeli government to 'disavow and condemn' the language used by the two ministers. Asked whether the UK would encourage Mr Netanyahu to sack the ministers, Mr Lammy said: 'The Israeli government will make their own determination.' But from the UK's perspective, he said: 'We have to be clear that we act when we see these egregious individuals encouraging – encouraging – abuses of human rights in this way.' A No 10 spokesman said the sanctions applied 'in their personal capacities, not their ministries and departments'. 'Ben-Gvir and Smotrich do not speak for all Israeli people … and have a long history of dangerous extremist and inflammatory views. 'As the Israeli ambassador to the UK has said in recent interviews, their statements in their ministerial capacities do not even represent government policy. Prime Minister Sir Keir Starmer wrote a joint statement with the French and Canadian leaders last month warning that Israel's leaders risked 'breaching International Humanitarian Law' (Jordan Pettitt/PA) 'Their agenda and actions undermine the interests of Israeli people, including security, many Israelis see this.' Israel's foreign minister Gideon Sa'ar said it was 'outrageous' that the UK had sanctioned the two ministers. He also said he had spoken with Mr Netanyahu and that an Israeli response would be decided at a 'special government meeting early next week'. Following the sanctions, Mr Ben-Gvir said: 'While the European colonial countries fantasise that we Jews are still their subjects, the streets of their famous cities are being taken over by radical Islam. 'But their campaign of appeasement for the Hamas terrorists will not save them. When they finally wake up, it will be too late.' The UK and its allies have increased pressure on Israel in recent months amid ongoing aid shortages in Gaza, as well as suggestions it could launch a new large-scale offensive into the territory. Reports suggest only scarce amounts of aid are making it into the hands of Gazans, amid a new aid initiative backed by the US and Israel, which has replaced the previous UN-run programme. The slow flow of food and medicines has prompted warnings of famine and starvation among the territory's population. In May, Mr Lammy paused negotiations towards a UK-Israel trade deal as the Government sought to pressure Israel to abandon its planned offensive into Gaza. Prime Minister Sir Keir Starmer, France's President Emmanuel Macron and Canada's Prime Minister Mark Carney also wrote a joint statement last month warning that Israel's leaders risked 'breaching International Humanitarian Law', and calling for more aid to be allowed into Gaza. Lord David Cameron said previously that he had considered sanctioning both Israeli ministers in his final days as foreign secretary in Rishi Sunak's government (Ben Birchall/PA) Mr Netanyahu responded by claiming the three leaders were on the 'wrong side' of history. In September last year, the Government halted 30 out of around 350 arms sales licences to Israel, for fear they may be used for war crimes. Ministers insist that this means F-35 fighter jets used by Israel no longer receive replacement parts from the UK, and no British-made bombs or ammunition are used in Gaza. Lord David Cameron has previously said he considered sanctioning both Israeli ministers in his final days as foreign secretary in Rishi Sunak's Conservative government.


The Guardian
an hour ago
- The Guardian
Greta Thunberg accuses Israel of kidnapping her and fellow aid boat crew
The Swedish activist accused Israeli authorities of 'kidnapping us in international waters and taking us against out will to Israel' after security forces intercepted boat carrying humanitarian aid bound for Gaza. 'This is yet another intentional violation of rights that is added to the list of countless other violations that Israel is committing,' Thunberg told reporters on arrival at Charles de Gaulle airport in Paris after being deported. She stressed that her own experience was 'nothing compared to what the Palestinians are going through'


The Herald Scotland
2 hours ago
- The Herald Scotland
Stephen Flynn: Flynn: Independent Scotland would cut ties with Israel
The Scottish Government, under the leadership of both Humza Yousaf and John Swinney, has been outspoken on the conflict, consistently calling for a ceasefire and for humanitarian aid to be able to enter Gaza. The Aberdeen South MP also said the UK Government should do something to catch the Israeli government's attention as it looks to ramp up pressure. Asked if an independent Scotland would close its embassies in Israel and break off relations with the country, Mr Flynn said it would. 'I've gone into the House of Commons on God knows how many occasions now and listened to David Lammy and Hamish Falconer, the Middle East minister, and they've told us how 'we're going to do this, or we're going to do that, and this is the latest thing we're going to do'. 'And then he stands up and says, 'but they're ignoring us'. 'Well, if they're ignoring you, then do something that captures their attention.' Much of Gaza has been reduced to rubble and tens of thousands are dead since the war began (Image: PA) Mr Flynn's comments come as the Foreign Secretary announced the UK would be sanctioning two Israeli ministers. Itamar Ben-Gvir and Bezalel Smotrich, Israel's security minister and finance minister respectively, have been 'inciting violence against Palestinian people for months and months and months, they have been encouraging egregious abuses of human rights', David Lammy said. Both will be subject to a travel ban and asset freeze. READ MORE: The Westminster SNP leader went on to say that it would not be 'wise' for his party's MPs to visit Israel, claiming they were likely to be turned away from the country, as happened with Labour MPs earlier this year, owing to the party's outspoken opposition to the conduct of the war in Gaza. 'I'd be amazed if any of them did, because they're not daft, and they probably know that they would get turned around and stuck on a plane right back out Israel,' he said. 'Look, I'm deeply, deeply upset and angry about what's happened in Gaza, and what continues to happen in Gaza, and the fact that the UK position has been so weak for far too long in respect of this. 'I think it's important that you convey your views to people who are rational actors.'