Federal law would protect the right to protest: Greens proposal welcomed

The Human Rights Law Centre, the Australian Democracy Network and the Australia Institute today welcomes the federal Greens’ announcement to protect the right to protest.

The Greens’ proposal, is to introduce a bill in federal parliament next year that would protect the right to protest by reference to Australia’s obligations at international law under the International Covenant on Civil and Political Rights. Federal parliament would be able to pass such a law under the external affairs head of power in the Commonwealth constitution, leaving state laws that are inconsistent with the federal law vulnerable to being struck down by the High Court.

The proposal is similar to what was done by the Keating government in 1994, when it used the external affairs power to introduce the Human Rights (Sexual Conduct) Bill 1994 (Cth), which introduced a right to privacy which conflicted with Tasmanian law that criminalised sex between men. The Tasmanian law was subsequently struck down by the High Court for being inconsistent with the federal law, in a landmark moment in LGBT+ people’s rights in Australia.

In recent years, New South Wales, Tasmania, Victoria and Queensland have all passed anti-protest laws which impose severe penalties on people for engaging in peaceful protest. These laws are all disproportionate and undermine Australians’ freedom of association and expression. In Victoria and Queensland these laws were state Labor initiatives, in NSW the laws passed parliament with Labor support.

Recently, over 200 organisations united to condemn the 15-month jail sentence for climate activist Deanna ‘Violet’ Coco and to express concern at anti-protest laws in Australia. This year, in New South Wales alone six people have received jail sentences for defending the climate.

From Aboriginal land rights to voting rights to the eight-hour work day – protest has been crucial to achieving countless important social changes. The climate crisis is the greatest challenge of our time. Advocacy and protest are vital to ensuring that the best interests of people, Country, the planet and future generations guide our governments’ responses.

Human Rights Law Centre’s Acting Legal Director, Alice Drury said:

“In recent years, Labor in NSW, Victoria and Queensland have led or supported draconian anti-protest laws. Now all eyes are on the federal Labor Government to see if it will support what should be uncontroversial in a democracy: a national law to protect the right to protest in accordance with Australia’s international law obligations.

“Protest is a fundamental part of this country’s proud labour rights movement. It’s astonishing to see state Labor parties now leading us down a dark path by stripping people’s right to protest.”

Ray Yoshida, Campaigner at the Australian Democracy Network said:

“We welcome this important initiative to enshrine the right to protest in federal law. This is an opportunity for our federal parliament to recognise the importance of peaceful protest in our democracy and halt the alarming trend we’ve seen of protests being criminalised.”

Eloise Carr, Director, the Australia Institute Tasmania said:

“Whether for labour rights, women’s rights, LGBTIQ+ rights, or the environment, peaceful protest is an important part of healthy democracies. The disproportionate criminalisation of peaceful protesters needs to stop and this provides a good opportunity to achieve that.”