Charities lodge urgent request for UN intervention to prevent attack on advocacy

Twelve charities including First Nations, religious and human rights groups have written to three UN Special Rapporteurs requesting urgent intervention to stop new rules being proposed by the Morrison Government which could shut charities down for speaking out. 

The UN petition is being made on the basis that the new rules would breach the rights to freedom of expression and assembly, which are protected under international human rights law. The UN Special Rapporteurs have been asked to call on the Australian Government to refrain from introducing the regulations in Parliament. 

The proposed new regulations would hand the Charities Commissioner far-reaching powers to deregister charities for the most minor of offences – such as blocking a footpath at a vigil. They would also give the charities regulator extraordinary powers to shut down a charity if the Commissioner believes it’s likely that a minor offence may occur in the future; or if they believe that something that could be dealt with as a minor offence has occurred, even if no charge has been made.

The Charities Commissioner would also be able to deregister a charity preemptively if they believe that it lacks “internal control procedures” to demonstrate its compliance with the new laws, or that it has not adequately documented these procedures. To prove compliance, charities’ time and donations will be tied up in unprecedented red tape and legal fees, depriving communities of vital support.

A copy of the letter can be found here.

Quotes: 

Human Rights Law Centre Senior Lawyer Alice Drury said: 

“These rules would silence charities at a time when their advocacy is more crucial than ever, as charities support Australian communities through unprecedented crises like catastrophic bushfires and the pandemic. These proposed laws are a case of extreme overreach, and have no place in a democracy.”

Victorian Aboriginal Legal Service Acting CEO George Selvanera said: 

“The proposed changes to charity regulations jeopardise Aboriginal and Torres Strait Islander communities’ self-determination. Already marginalised communities will be cut off from vital support because charitable organisations will not be able to provide the full extent of their services out of fear that the government will weaponise the proposed charity regulations. Aboriginal Community Controlled Organisations would be silenced, their engagement in public debate curtailed. We need all the support we can get to stop the proposed laws.”

The Fred Hollows Foundation CEO Ian Wishart said:

“Fred Hollows was well known for speaking out and demanding action from our political leaders. It’s a key role of charities to advocate for those who don’t have a voice. These laws limit the ability of charities to raise important issues and hold people in power to account. They have no place anywhere in the world, let alone Australia, where freedom of assembly and political participation, and basic human rights, are the cornerstone of our democratic society.”

Executive Director of Anglicare Australia Kasy Chambers said:

“Charity is not just about helping people in poverty. It’s about creating a country where poverty doesn’t exist. That’s why we need to be able to stand up for the people we work with. But these rules are designed to stop organisations like Anglicare Australia from speaking up for our communities and our country by punishing us – and shutting us down for arbitrary reasons.

“They are not just an attack on charities. They are an attack on democracy. We’re calling on the Government to withdraw these changes and end these attacks for good.”

Amnesty International Australia National Director, Sam Klintworth, said:

“The most important social changes – like women winning the right to vote, First Australians being classified as people instead of fauna, the five-day working week – are all rights fought for with people power. The idea that peaceful protest could lead to organisations like Amnesty being deregistered is unthinkable in a country that prides itself on giving everyone a fair go.”

Media contact:

Michelle Bennett, Engagement Director, 0419 100 519, michelle.bennett@hrlc.org.au