Transgender row hits Amnesty International over Tosh-Jake Finnigan election ban

A transgender councillor who was blocked from running in Amnesty International elections has lodged a discrimination complaint with the Victorian equal opportunity and human rights umpire.

Colac Otway Shire councillor Tosh-Jake Finnigan. Picture: Supplied.

A transgender councillor who was blocked from running in Amnesty International elections has lodged a discrimination complaint with the Victorian equal opportunity and human rights umpire.

Colac Otway Shire independent councillor Tosh-Jake Finnigan has accused Amnesty of barring the councillor from running for the charity’s internal elections this year, claiming transgender status as part of the reason.

Councillor Finnigan lodged a discrimination complaint with the Victorian Equal Opportunity and Human Rights Commission, claiming wrongful exclusion from Amnesty elections due to gender identity, employment activity and political beliefs.

Councillor Finnigan is an independent councillor in southwestern Victoria but was deemed in April ineligible to run and told the nomination would be rejected by Amnesty.

It said this was because under its rules members needed to ensure there was not an actual or perceived political conflict of interest when running for positions like the state’s Activism Leadership Committee.

Amnesty told Councillor Finnigan that the code of conduct rendered the nomination invalid.

It reads: “Should a conflict of interest arise or, if due to your profile in the community there is a perceived association of your political interests with AIA, either you should raise this with AIA immediately or AIA will discuss this with you, with the view that you remove the conflict of interest immediately.”

However, Councillor Finnigan said the Amnesty rules should not preclude anyone in this position from running, especially given the role of independents, which were not aligned with political parties.

Councillor Finnigan claimed being discriminated against on the grounds of gender identity and the claims of a conflict of interest were false.

“I am an independent member of the council and I do not represent a political party,” Councillor Finnigan wrote to VEOHRC.

“When I declined to resign my position I was not included on the ballot paper.

“I would like the elections for (Amnesty’s) Victorian general voters held again with me on the ballot papers.

“I am very upset by this discrimination and I feel that they do not value me as much as other members without my characteristics.”

Councillor Finnigan also has threatened to widen the campaign against Amnesty International if it did not recognise the ability to fulfil the role with council as well as advocate for global human rights.

Councillor Finnigan has an interest in international affairs, including human rights in China and the Middle East and has accused Amnesty of acting in part against the bid for election on transgender status.

Councillor Finnigan was a whistleblower in the Victorian red shirts scandal but this was not raised as an issue by Amnesty.

Neither Amnesty nor the VEOHRC would comment publicly on the matter, with the VEOHRC unable to confirm due to legislation whether a complaint has been made or whether it is being investigated. The Weekend Australian has seen a copy of Councillor Finnigan’s complaint.

Amnesty wrote to Councillor Finnigan stating that members could belong to political parties but with conditions.

“By way of explanation, our non-partisan position is central to our ability to hold governments and those in authority to account without the perception of bias and is regularly applied. In Australia, this has meant that members in leadership positions have had to stand down when running for office in order to preserve this position,” it said.

“It does not preclude Amnesty members also being members of political parties or working in government, only when they hold leadership positions within those parties or in government and leadership positions in Amnesty.”