Today the NSWCCL has written to the NSW Police Commissioner, Karen Webb calling for NSW police to respect the role of independent Legal Observers at the upcoming Rising Tide protest. 

Independent Legal Observers, who are generally volunteers, work to improve accountability from the police and protect the rights of protesters. Legal Observers perform tasks such as distributing information cards, briefing individuals on their legal rights, documenting interactions between protesters and the police through notes and photography, and video recording. They are recognised as Human Rights Defenders by the Office of the United Nations High Commissioner for Human Rights. Legal Observers fall under the protection of the Declaration on Human Rights Defenders.

NSWCCL is reiterating that NSW police urgently: 

1. Ensure that police officers are briefed on the role of Legal Observers and understand that role, its legitimacy, and Legal Observers' right to carry out that role unhindered. 

2. Ensure that police officers do not obstruct Legal Observers as they carry out this role.

3. Ensure that police officers do not instruct Legal Observers to direct protestors, but instead respect their independence. 

4. Ensure that police do not ask Legal Observers not to video, do not deliberately step in the way as videoing occurs, and likewise do not seek to prevent members of the public from recording interactions.

5. Ensure that Legal Observers are not required to produce their ID without grounds other than performing this role. 

Quotes attributable to Timothy Roberts, President NSWCCL

“This is the third occasion in recent times that NSWCCL has issued correspondence to NSW Police with respect to the role of Legal Observers at protests. The Council remains concerned that the function of Legal Observers is unfortunately neither uniformly well understood, nor respected by NSW Police”. 

“When independent Legal Observers are arrested in the course of their work, it sends a message to the public that NSW Police will not tolerate independent oversight and accountability with respect to their actions towards protestors. 

“NSW Police currently do not consider Legal Observers as having special status and performing special functions as recognised under International Law. This deliberate ignorance, combined with the scandalous use of police issued bail conditions that have now become routinely imposed on protestors, continues to cause NSWCCL grave concerns in relation to the discretion exercised by NSW Police at protests.  

“Peaceful protests should not be met with the full force of the state or be subject to draconian anti-protest laws. At the bare minimum, independent Legal Observers should be protected from arrest and prosecution.”