The Human Rights Law Centre (HRLC) of Australia has urged the Victorian Government to reject proposed regulations mandating police permits for protest activities. This appeal comes in response to Australia’s recent shift towards restrictive measures against protests.
Riots broke out in Melbourne over the weekend resulting in at least three police officers being injured. HRLC, along with other similar organizations, asserts that recent legislation enacted in the country infringes upon International Human Rights law, effectively impairing the right to protest. The group contends that these laws, although not explicitly worded as such, act to deter and limit protest activities.
For instance, following protests by climate activists in New South Wales (NSW) around Sydney port, a law was enacted criminalizing any obstruction to “major facilities”. In Tasmania, in the wake of anti-logging protests, the Police Offences Amendment (Workplace Protection) Bill 2022 came into force, posing possible prison punishments for those obstructing a workplace. In Victoria, the Sustainable Forests Timber Amendment (Timber Harvesting Safety Zones) Act 2022, also criminalizes interference with timber operations, with penalties including fines and/or incarceration.
In its plea to the government, HRLC cited its senior lawyer David Meija-Canales’ words, indicating that the right to protest is a democratic right of the people, not a privilege granted by the police or the government. From his viewpoint, having to seek the government’s permission to protest against its actions is not only illogical but also a direct violation of democratic principles. This argument closely resonates with Article 20 of the Universal Declaration of Human Rights, which reaffirms the right to peaceful assembly and association.
Interestingly, by the end of 2023, some of the laws passed in NSW, intended to increase penalties for protesters, were ruled as unconstitutional by the province’s Supreme Court. As debates and unrest continue, it appears that this dialogue on the right to protest in Australia is far from over.