Human Rights Commission chief Gillian Triggs refuses to back down, criticises foreign fighter, data retention laws that 'expand ministerial powers'

Updated

Head of Australia's Human Rights Commission Professor Gillian Triggs has criticised new counterterrorism laws as a "growing threat to democracy", on the same day she came under another attack by the Federal Government.

On Friday, Immigration Minister Peter Dutton accused Professor Triggs of linking Australia's boat turn-back policy with the execution of the Bali Nine drug smugglers and demanded an apology for what he described as an "outrageous" and "unfounded" slur.

Before an audience of human rights lawyers in Melbourne on Friday night, Professor Triggs did not address the criticism; instead she set her sights on a raft of national security legislation that has been passed by successive governments since the September 11 attacks in the United States.

Professor Triggs told the forum a "growing threat to democracy" was the diminishing of human rights and expansion of "discretionary, often non-compellable ministerial powers".

"Respective governments have been remarkably successful in persuading parliaments to pass laws that are contrary, even explicitly contrary, to common law rights and to the international human rights regime to which Australia is a party," she said.

She said counterterrorism laws were passed with "unseemly haste" last year and the proposal to strip citizenship from foreign fighters who are "potentially dual nationals" was an example of executive power which had gone too far.

"This proposal strikes at the heart of Australia as a largely migrant country," she said.

"Not only may this idea violate Australia's international obligation not to render a person stateless, but also the detention may be at the discretion of a minister without recourse to judicial processes."

Federal Government frontbencher Scott Ryan hit back at Professor Triggs's criticism in an interview with Sky News.

"When I hear people claiming the mantle of human rights yet trying to effectively undermine two decades now where the Australian people have constantly supported strong border protection policies, I see that as a bit of an attack on democracy," he said.

The Government is pushing ahead with legislation to strip dual-nationals involved in fighting in the Middle East of their Australian citizenship but has referred to a discussion paper the idea of taking such action for those with sole Australian citizenship.

The human rights chief also criticised data retention laws, a recent bill giving detention centre guards powers of enforcement and the indefinite detention of some asylum seekers.

Shadow treasurer Chris Bowen backed Professor Triggs's right to raise concerns about immigration and counter-terror laws.

"The Human Rights Commissioner has not only the right to her view but the responsibility to put that view, even if some of those views we may disagree with that," he said at a press conference on Saturday.

"We respect her office and her as an individual."

Attacks on Triggs despicable: top judge

Ms Triggs's speech was delivered just hours after Mr Dutton rounded on the Human Rights Commission president, accusing her of linking the execution of the Bali Nine drug smugglers with Australia's border protection policies.

"Professor Triggs needs to front the cameras today to retract this outrageous slur," he told a press conference.

On Thursday, Professor Triggs said: "Have we thought about the consequences of pushing people back to our neighbours Indonesia? Is it any wonder that Indonesia will not engage with us on other issues we care about like the death penalty?"

Professor Triggs has only addressed the dispute in writing so far, with a statement saying her remarks were misreported and stressing that she did not refer to the executed Australians Andrew Chan and Myuran Sukumaran.

She has support from the president of the Court of Appeal of Victoria, Justice Chris Maxwell, who labels the attack on Professor Triggs as "despicable".

"Tonight we have been privileged to have amongst us, one of our foremost warriors, as we have been pleased to see Gillian, you might be bloodied, but you are certainly unbowed," he said.

Topics: federal-government, government-and-politics, australia

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