UN human rights experts slam Queensland anti-protest laws
Queensland’s new anti-protest laws have come under fire from United Nations experts who warn that the laws unduly restrict freedom of peaceful assembly and freedom of speech.
In a joint letter, the Special Rapporteurs expressed serious concern that Queensland’s anti-protest laws, which restrict the use of certain lock on devices, go too far and criminalise peaceful protests and impose overly harsh penalties.
The experts stated that the lock on devices had been a common feature of peaceful protest in Australia for many years: “The grounds for determining whether an attachment device should be considered dangerous are… broad and fail to recognise that attachment or ‘lock-on’ devices have been safely removed in the course of peaceful protests for many years.”
The Special Rapporteurs have written to the Australian Government seeking a response.
Emily Howie, Legal Director at the Human Rights Law Centre, said the UN experts clearly state that protests must be able to cause a certain level of disruption to ordinary life, including disruption of traffic, annoyance and even harm to business if the rights to freedom of speech and assembly are to have any substance
“Activists, including suffragettes, have used lock-on devices peacefully for over a century in Australia. Disruptive protests may be frustrating for governments, but we must remember that because of them, we have the 8 hour work day and the right to vote for women. Instead of locking people up for blocking a footpath, the Queensland Government should recommit to facilitating peaceful protest for the health of democracy.”
In October 2019, Queensland passed the Summary Offences and Other Legislation Amendment Act 2019 that criminalises the use of devices commonly used in peaceful protests. The offences would attract a sentence of up to two years in prison.
“We warned at the time that this law would unfairly limit peoples’ ability to engage in different forms of peaceful protest, and now that view is confirmed by four eminent international rights experts. In a democracy, people must be given the freedom to come together to express their opinions on issues they care deeply about. The Queensland government went too far when it passed this anti-protest law.”
The experts’ statement comes just days after international alliance CIVICUS Monitor announced that Australia’s democratic ranking had slipped from “open” to “narrowed”, based in part on the crackdown on protest seen across the country.
“These developments should be a wake-up call for all Australians. The rights that we have taken for granted, like free speech and freedom of assembly, are no longer assured. As the climate crisis deepens, governments should expect that people will want to come together and express their views. The role of government is to facilitate that democratic participation, instead the trend we’re seeing is criminalising it,” said Ms Howie.
Read the Special Rapporteur’s Communication to Australia here
Media contact:
Michelle Bennett, Communications Director, Human Rights Law Centre, 0419 100 519