Australia’s Human Rights Law Centre has published a report indicating that the right to protest in the country has been systematically undermined by a series of legislative measures over the past two decades. Entitled “Protest in Peril: Our Shrinking Democracy,” the report documents 49 laws enacted by federal, state, and territory parliaments that restrict protest activities.
The state of New South Wales (NSW) has been particularly proactive in passing anti-protest laws, with measures such as the Roads and Crimes Legislation Amendment Act 2022. This law criminalizes damage or disruption to a major facility, broadening its scope to criminalize unauthorized protests on significant public and private infrastructure, including major roads and train stations. Violations carry hefty penalties, including fines up to $22,000 AUD or a maximum two-year prison sentence. Detailed information about this can be found in the report.
The report also highlights that environmental, climate, and animal rights activists are most frequently targeted by these laws. However, poorly drafted legislation, such as offenses for “obstructing a road” or “causing annoyance,” makes these laws applicable to a broader range of peaceful assemblies. Previously, laws imposing blanket bans on protests and the carrying of banners or signs were introduced for major events like the Melbourne Commonwealth Games and the Pope’s visit to Australia. More on the report’s findings can be found here.
Australia lacks a constitutionally protected right to protest, relying instead on an implied ‘freedom of political communication.’ Under international law, including the International Covenant on Civil and Political Rights (ICCPR), to which Australia is a signatory, there is some legal foundation for the right to protest. Domestically, certain state statutes like the Victorian Charter of Human Rights provide additional support.
Nikita White from Amnesty International emphasized the severity of the situation, stating that the right to protest is facing an “unprecedented attack” globally, with laws in Australia imposing severe penalties on non-violent civil disobedience. She called on governments to protect the right to protest, urging legislative change. Additional reactions and calls to action from other human rights organizations can be found here.
For more detailed coverage of the report and related policy implications, visit the original article on JURIST.