NSW Police ban on peaceful protests condemned
The Human Rights Law Centre is calling on the NSW Police Commissioner to drop Supreme Court applications which could stop people gathering peacefully for a pro-Palestinian rally and candlelight vigil.
The NSW Police must protect the right of people to speak up against what is happening across Palestine, Lebanon and Israel, and respond only to those who engage in unlawful actions. Any approach that demonises and punishes thousands of people for the actions of a few is disproportionate and a breach of human rights.
Earlier this year, the Human Rights Law Centre’s Protest in Peril report found that the right to protest has been under attack by governments and institutions over the last 20 years. Over 140 organisations have signed the Declaration of our Right to Protest calling on governments across Australia to protect the right to protest.
Last year, the NSW Supreme Court found that parts of draconian anti-protest laws enacted by the NSW Government were unconstitutional.
Quotes attributed to David Mejia-Canales, Senior Lawyer at the Human Rights Law Centre:
"Our right to protest is fundamental to our democracy and must be protected. While NSW Police may seek to restrict or ban the protest, they must be able to show that these actions are both necessary and proportionate, in line with international human rights and constitutional standards. Overly broad restrictions on our right to get together peacefully must not be NSW Police’s first response; instead, authorities must focus on facilitating these rights and freedoms."
"Blanket bans on protests are disproportionate. Any limitations must be the least restrictive possible, and based on an individualised assessment of the conduct of participants, not on assumptions or generalisations about the event.
"Restricting and prohibiting protests should only ever be a measure of last resort. NSW Police must prioritise less intrusive measures and consider allowing the protest to go ahead. If there is poor behaviour by individuals, then this should be dealt with accordingly while allowing everyone else to peacefully protest.
"International law is clear: peaceful assemblies must not be used for advocating national, racial, or religious hatred. Antisemitism, Islamophobia and violence have no place in Australia and there are laws to address these. However, action should focus on the individual perpetrators, not punishing the entire protest or discouraging participation."
Background
The right to peaceful assembly (known commonly as the right to peaceful protest) is a fundamental human right guaranteed under international human rights law. Article 21 of the International Covenant on Civil and Political Rights (ICCPR), to which Australia is a signatory requires Australian governments to guarantee, respect, protect, and affirm the right to peaceful assembly and association. The right to peaceful assembly is an individual right that is exercised collectively with others. Australia's constitution does not explicitly protect the right to protest, but it does safeguard the implied freedom of political communication. This ensures that Australians can freely communicate on political matters, a vital aspect of a functioning democracy.
The ICCPR’s Article 21 protects the right to peaceful assembly, ensuring individuals can gather for any peaceful purpose, this includes protests, vigils, parades, processions, marches, pickets, and any other peaceful gatherings. While this right can be limited in certain situations, such limitations must meet strict requirements of being necessary, legal and proportionate. Article 21 must be read alongside General Comment No. 37.
General Comment No. 37, issued by the UN Human Rights Committee, provides guidance on how signatories like Australia must uphold the right to peaceful assembly under the ICCPR and also in their domestic laws. Additionally, the Comment notes that any actions aimed at preventing violence or hate speech sin or during assemblies should focus on individual participants rather than the entire assembly.
Media Contact:
Thomas Feng
Engagement Director
Human Rights Law Centre
0431 285 275
thomas.feng@hrlc.org.au