Islamist group Hizb ut-Tahrir defiant as ban moves a step closer

Hizb ut-Tahrir was defiant in the face of a proposed law published Tuesday that could ban the Islamist group from existence and jail any leaders who continued to organise underground for up to 15 years.

The Australian branch of the global anti-Israel organisation issued a statement Tuesday complaining that “radical” Islam had been blamed for the Bondi Beach massacre - an attack allegedly carried out by two men who displayed the flag of the ISIS terror group on their car.

“Charges of hate and calls to social cohesion are calls to shield Zionist crimes from rightful scrutiny and protect them and their complicitors from rightful prosecution,” the group said in a statement on its website.

“It is a call that only serves to protect the criminal and punish its victims and their supporters, a call all people of conscience must comprehensively reject.”

The 144-page law introduces a new racial vilification offence that imposes two-year jail terms for serious antisemitic rhetoric. The behaviour covered includes claiming the racial superiority of one group - a section aimed at neo-nazis - and promoting hatred based on race, ethnic or national origin, a definition that would include Israelis.

A prosecutor would have to prove someone knew they were promoting racial hatred rather than identify a group or an individual that had been influenced by them, likely making prosecutions much easier when police pursue tight-knit Islamic or neo-nazi groups.

The law, which Parliament has been asked to vote on next Tuesday, would give Home Affairs Minister Tony Burke the power to ban groups that advocate hate crimes or participate in any. The minister could only act on the advice of the Director-General of Security, currently ASIO head Mike Burgess, and would need the Attorney-General’s approval.

Jewish groups have complained for years that existing laws don’t prevent radical Islamists from promoting anti-Jewish hatred.

Citing the Quran

Mr Burke said on Monday he intended to use the law to ban Hizb ut-Tahrir and the National Socialist Network, a neo-nazi group that also uses the name White Australia.

Even though it has long advocated for the destruction of Israel and the creation of an Islamic state, Hizb ut-Tahrir has been careful to avoid directly encouraging violence against Israelis or Jews, which has mostly kept it out of legal trouble until now.

“The terrorists at Bondi Beach had hatred in their minds, but guns in their hands,” Anthony Albanese said Tuesday morning. “And this bill will get rid of both of those issues.”

The main Jewish organisation that negotiated with the Government over the planned changes, the Executive Council of Australian Jewry, said the racial vilification offence should be tightened to including citing religious texts, which will be allowed under the new law.

The Quran, which is about 1400 years old, contains critical passages about Jews used to justify modern anti-Semitism, according to Jewish groups. It also advocates religious tolerance.

The Executive Council of Australian Jewry also complained the racial vilification law would be too hard to prove because it would require someone to be identified who was fearful of their safety.

“We hope that the new laws will be passed and strengthened, and that the scourge of antisemitism, hate and extremism in our society will be neutralised,” co-chief executive Peter Wertheim said.

When asked why religious books are exempt, the prime minister told reporters to read the Old Testament, a book of the Bible that endorses slavery and mass murder.

Reversal of proof

Racial vilification is banned under the Federal Racial Discrimination Act, but is a civil offence, which means the main penalty is financial and legal action is usually taken by the victims.

Western Australia, Victoria and New South Wales have made racial vilification a criminal offence, although prosecutions are rare. NSW introduced its law last August, four months before Australia’s worst terrorist attack.

Because the Federal changes would reverse the onus of proof in some cases and impose criminal sanctions for public comments, the Government expects it to be challenged in the High Court.

Constitutional lawyer Ron Levy of the Australian National University said the law, which could be altered by the Senate, looked likely to be upheld by the High Court because the reversal of long-established rights would take place in extreme circumstances, including actions under time pressure by the security services.

“It seems like they’re making a pretty good-faith effort to balance different rights and priorities,” Professor Levy said.

Complaints

The independent MP representing Bondi and surrounding suburbs, Allegra Spender, is lobbying for the Federal law to be extended to protect religion and sexuality. “Neo-nazis target Jews, but they also target Muslims and the LGBTQ+ community,” she said.

Jews are protected by prohibitions on racial abuse. Outlawing religious vilification would cover Muslims, who say they are victims of Islamophobia, but could trigger complaints the proposed law is trying to go beyond the Government’s stated objective of stamping out anti-Semitism.

The Opposition has expressed concerns about the bill’s structure but wants it passed next Tuesday, which makes it likely to pass.

Nationals leader David Littleproud complained the law, which would implement a compulsory sale of guns, was unfair on people who shoot for sport.

“We don’t have a gun problem,” he told Sky News. “We have an extreme Islamic problem.”