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Rachel Withers

Labor’s outdated rules come back to bite in Payman saga

Early profiles of West Australian Senator Fatima Payman — Parliament’s first hijab-wearer, first Afghan Australian, and youngest member — feel somewhat prescient.

The union organiser and community leader hadn’t expected to win in 2022; a red wave saw her elected from the usually unwinnable third spot on the WA Labor ticket. But the comments given by the newly elected Payman now seem prophetic, foreshadowing those she made last week after crossing the floor on a Greens motion to recognise the state of Palestine — a position that aligned with the ALP platform, but went against its binding parliamentary caucus.

“I hope to be an inspiration to many other young Australians,” the Afghan refugee told Guardian Australia ahead of her swearing in. “If [Parliament] is not reflective of the general Australian public then how can you have complete faith that it can hear your voice, and be your voice in power?”

In her first speech, Payman said diversity had to be more than skin-deep. “Let us not settle on multiculturalism being just a brand we associate with or take pride in as a nation, but rather fully embrace it … ensuring all voices are heard at the table.” She choked up talking about her late father, who came to Australia by boat, granting herself “that audacity to challenge the system.”

In other words, she was there to use her voice.

Or as she told media following last Tuesday’s walk across the chamber: “I was not elected as a token representative of diversity. I was elected to serve the people of Western Australia and uphold the values instilled in me by my late father … I walked with my Muslim brothers and sisters who told me they have felt unheard for far too long.”

Payman is expected to quit the Labor Party today, following days of speculation (she did not respond to requests for comment, having spoken to very few outlets including Insiders and the teen-run 6 News). The 29-year-old was indefinitely suspended from caucus on Sunday, after vowing to cross the floor again if the same motion was put, claiming she would be upholding ALP values. Many agree. Nine reports she is expected to join a coalition of Muslim groups that have been mobilising against Labor over its failure to act on Palestine. The movement plans to back independent candidates at the next election, mostly in Labor seats with large Muslim constituencies, claiming they will no longer be taken for granted.

Payman, who’s grown increasingly vocal over Gaza, will move to the crossbench, joining several indies who are no longer members of the parties they ran with. It’s unclear when she decided she couldn’t remain in the ALP, which she clearly had great love for as a former president of WA Young Labor. Labor sources, who’ve spent the week backgrounding that she should be kicked out, are now suggesting this plan has been underway for months, “expressing concern” she is being guided by “God”.

But the episode raises stark questions for Labor. Are its 120-year-old rules still fit for purpose? How can it be a party of diversity when it cannot countenance a diversity of opinion? And how is the Muslim community expected to keep voting for the party when it’s failing to address their concerns, and sanctions a member who is willing to do so publicly?

Many are questioning those strict solidarity rules, under which a “majority decision of caucus” is binding upon all members — a notion originating from the party’s trade union roots. Party official-turned-pollster Kos Samaras argues the rules are out of step with today’s youth, who feel more aligned with causes than caucuses; even Young Labor, it seems, is standing with Payman. 

Old hands say this is a chance for the party to reconsider its approach. They include former MP Harry Quick, the last to break ranks, and former ACTU vice president Michael Easson, who argues the party should adopt rules like UK Labour, with different levels of flexibility for different issues. 

Not right now, say ministers when pressed.

The rise of community independents, meanwhile, has highlighted the fact that for most Labor MPs, the party line comes ahead of constituent views, in a way that feels antithetical to representative democracy. Punters praise floor-crossing Liberal MP Bridget Archer, who recently won a leadership prize; they’re less enthused by the example of gay Labor senators who voted against marriage equality when that was the caucus position, pushing instead for “change from within”.

As Payman told Insiders: “It took 10 years to legislate same-sex marriage. We’re talking about 40,000 Palestinians being massacred here. These Palestinians do not have 10 years.”

Payman again pointed on Sunday to the need for diversity (something the government boasts of), arguing that it must also allow for a diversity of views. But reports show there is little room for dissent in the Albanese caucus. Labor Friends of Palestine convener Anthony D’Adam recently spoke to Crikey about how dissent is being stifled, limiting MPs’ “ability to speak to a multiplicity of constituencies”. “Ultimately, it’s going to be to Labor’s electoral detriment,” he added, arguing voters would look elsewhere for “voices to articulate their values”.

Indeed they will. Those grassroots groups, which have for months been circulating websites rating MPs with large Muslim constituencies, feel they have been betrayed by Labor, which committed in its platform to recognise Palestine; Payman’s suspension has further angered these communities, particularly women, who see her “rejection” reflected in theirs. An adviser to the group says they’ve recruited thousands of volunteers, along with former major party operatives for strategy and polling.

Samaras, whose company did polling for Climate 200, says Labor ought to be concerned, noting Muslim voters make up close to half their primary in some seats. And it won’t be just Muslims who turn, amid anger from the rank-and-file who feel the national platform is being ignored. That hung parliament suddenly seems more likely. 

But what of Payman, who has four years left on her term? There is no end in sight to the vicious backgrounding, with the media awash with spin suggesting she planned this, that she’s being “used”, that Labor showed her nothing but kindness, or that this will lead to an increase in Islamophobia. Then there’s the “outing” of her Labor staff husband, and the exclusive that reveals the rent that the “rogue senator” makes from an investment property.

Much has been made of the fact Payman’s had “informal conversations” with Glenn Druery, a political operative known as “the preference whisperer” — as if Labor has ever had any qualms about working with Druery. Her departure certainly appears to have been deftly executed.

Whatever happens next, Labor’s oppressive rules and refusal to act for Palestine appear to have driven away one of its most diverse representatives, an articulate, passionate senator who has attracted admirers for defying the party machine on a matter of human rights.

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