Nationalist activist Thomas Sewell has described the Labor government’s defence arguments against his upcoming High Court challenge to Australia’s prohibited hate group laws as an “admission of treason”.
The unprecedented legislation, passed by both major parties in response to the Bondi Islamic terrorist attack, was used to ban the White Australia Party in May, making it illegal to direct, be a member of, recruit for, train, fund or support the organisation, punishable by up to 15 years’ imprisonment.
Mr Sewell and the party, also known as White Australia, launched legal action against the listing and the laws, on the grounds that they infringe on the freedom of political communication granted to all Australians under the constitution, and permanently exclude former party members from political life.
The case is scheduled to be heard by the High Court in September, and will determine whether the government can use the prohibited hate group laws to ban rival political parties.
Mr Sewell said on his Telegram channel on Monday that the Commonwealth had begun filing its defence arguments, and stated they could be summed up as: “White Australians don’t deserve political rights where their rights infringe on Jewish feelings, multiculturalism and international treaties.”
“The entirety of the Commonwealth’s argument is that legal political speech exists within the confines that 1) Jewish power is never questioned or criticised, 2) multiculturalism and non-White immigration is never questioned or criticised, [and] 3) globalist treaties from foreign organisations such as the UN, are treated as sovereign law imposed on Australian citizens,” he wrote.
“In conclusion, the Commonwealth’s position is that White Australia should be illegal because the Commonwealth can prove that White Australia; is harmful to Jewish psychological well-being, is harmful to multiculturalism (modern Australia), and lastly does not align with international treaties.
“The Commonwealth’s submissions openly admit the legislation is harmful to Australians’ political rights, however they were asked to do so by a cartel of Jewish power organisations and therefore complied.
“The Labor government is openly admitting to be committing treason before the High Court as its ‘legal’ defence for banning its political opposition.”
In an explanatory statement about the White Australia Party ban, Assistant Minister of Citizenship, Customs and Multicultural Affairs Julian Hill said the laws were compatible with two United Nations human rights treaties that have been ratified by Australia – the International Covenant on Civil and Political Rights (ICCPR), and the International Convention on the Elimination of all Forms of Racial Discrimination (CERD).
Mr Hill stated that while the hate group laws “limit the right to freedom of expression”, this was “necessary, reasonable and proportionate to a legitimate objective on the basis that White Australia’s conduct targets persons or groups distinguished by race or national or ethnic origin with hateful and violent rhetoric”.
He also stated that “protecting the Australian community or part of the Australian community against physical, psychological and social harm caused by the activities of White Australia” justified limiting “the right to freedom of expression, the right to freedom of association with White Australia, the right to peaceful assembly, and the right to take part in public affairs and elections”.
Legal experts and civil liberties advocates have warned the laws “abolish liberal democracy” as they can be used to ban any political party, and have sparked calls for a constitutional bill of rights to protect freedom of political communication.
In a GiveSendGo set up to fund the legal challenge, which has raised more than $190,000 so far, Mr Sewell said the government had “revealed itself to be a dangerous tyrant afraid of the will of the Australian people”.
“Our challenge seeks to protect the right of all Australians to politically communicate and organise, now and for those generations to come,” he wrote.
“Our case will also have a political flow on effect to other nations in the Anglosphere such as the UK, Canada and New Zealand, who face similar draconian legislation.”
Header image: Left, Thomas Sewell making a speech last year (Telegram). Right, Home Affairs Minister Tony Burke and Prime Minister Anthony Albanese (PMO).
