McKim claim about ‘captured by Zionist interests’ targeted

Melbourne Jewish activist Menachem Vorchheimer has had his racial hatred complaint against Greens senator Nick McKim formally accepted by the Australian Human Rights Commission (AHRC).

The complaint, lodged under sections 18C and 18E of the Racial Discrimination Act, concerns Senator McKim’s claim that the Australian Government had been “captured by Zionist interests”. The Australian Greens are named as a second respondent.

Senator McKim first made the remark in the Senate on 20 August. After Zionist Federation of Australia president Jeremy Leibler wrote an open letter asking him to withdraw it, Senator McKim repeated the claim on social media, saying he had reflected on his statement and offered “as my response, the truth”.

Mr Vorchheimer said his complaint covered only the subsequent statements made outside Parliament, which are not protected by parliamentary privilege.

“Zionists are people. As Justice Nettle noted in the case Catch the Fire Ministries, ‘it is essential to keep the distinction between hatred of beliefs and hatred of their adherents steadily in view.’ In simple terms, criticising a religious or political belief is inherently different from vilifying the people who hold it. My action asks whether Senator McKim’s words crossed that line,” he told The AJN.

Mr Vorchheimer is seeking an unequivocal public apology from Senator McKim acknowledging the remark was antisemitic and drew on a longstanding trope about Jews controlling governments, as well as a $10,000 payment to a registered charity of his choosing.

He also wants the Greens to undertake antisemitism training and adopt a written policy on the use of the word “Zionist”, including disciplinary action for members who use it as a proxy for Jews.

He said he had sent the complaint to Senator McKim and the Greens several weeks ago but had not heard back, and remained open to resolving the matter on those terms.

Under the Act, complaints must first go to the AHRC, which attempts to resolve them. If a matter is deemed unresolvable, the complainant has 60 days to apply to the Federal Court, the path Mr Vorchheimer followed in his earlier case against Nasser Mashni.

He estimated the matter would spend between six and 12 months with the AHRC, and “probably another 18 months to two years after that” if it proceeds to court.

Mr Vorchheimer said parliamentarians should be setting an example on language, particularly after the attack on federal MP Dr Helen Haines.

“We can’t talk about ending political violence if our political elected members of parliaments are the ones spreading those words,” he said.