Complaint over ‘racist’ Labor election flyer goes to Australian Human Rights Commission

A FORMER Liberal candidate has complained to the Australian Human Rights Commission over a Labor election flyer, claiming it breached anti-discrimination laws and probably cost her a seat in State Parliament.

A FORMER Liberal election candidate has complained to the Australian Human Rights Commission over a Labor election flyer questioning whether voters could “trust Habib”, claiming it breached anti-discrimination laws and probably cost her a seat in State Parliament.

The Advertiser can reveal Carolyn Habib, who fell short in a bid to win the seat of Elder for the Liberals last year, has accused Labor of breaching section 18C of the Racial Discrimination Act that makes it illegal to insult or humiliate someone on the basis of race or ethnic origin.

The so-called Bolt laws were the source of heated political debate in Canberra last year as the Coalition Federal Government sought to repeal them on grounds they hindered free speech.

The push was dropped in an attempt to mend bridges with the Middle Eastern community and criticism of Federal Attorney-General George Brandis’ claim people had the right to be bigots.

Ms Habib is being represented by former Law Society president Morry Bailes and names both Labor MP for Elder Annabel Digance and the Labor Party’s SA branch in the complaint.

Ms Habib is an Australian citizen of Lebanese ethnic origin and former Marion councillor.

Ms Habib states the flyer, which featured the text “can you trust Habib?” set against a brick wall and accompanied by a dark silhouette, falsely implied a connection to former Guantánamo Bay detainee Mamdouh Habib and led to her being treated unfairly during last year’s campaign.

Ms Habib claims it was sent to about 16,000 households. She seeks a written apology be distributed to all recipients and a promise that “similar offensive behaviour not be repeated”.

“The flyer associates the complainant with Mamdouh Habib by depicting a background of a wall suggestive of a Middle Eastern war zone, using a font suggestive of military packing crates, depicting a sinister silhouette ... (and) emphasising the complainant’s surname,” the complaint states.

“The flyer deliberately implies ... people of the same race or ethnic origin as Mamdouh Habib are prone to or notorious for involvement in terrorism.

“The publication probably led to ... (Ms Digance) being elected as Member for Elder rather than the complainant.”

Anger over the flyer spilt over in State Parliament a fortnight ago amid accusations of racism, leading to the ejection of four Liberals including Opposition Leader Steven Marshall.

Labor SA state secretary Reggie Martin said the party would participate in any investigation.

“While it’s seems strange that they have waited almost 12 months to lodge a complaint with the Human Rights Commission, the ALP will fully participate in the process,” he said.

“We note that it appears that no complaint was lodged with the Electoral Commission at the time.”

Labor holds Elder, based around Ascot Park and Marion, on a 1.8 per cent margin.