This week the Minns Labor Government announced they are considering introducing laws to criminalise protest outside of religious institutions. NSWCCL is alarmed by the announcement and condemns the NSW Government for taking another authoritarian step towards the criminalisation of the right to protest.
The attack on the Adass Israel Synagogue is a reprehensible and violent act. The vandalism and destruction of property in the Eastern suburbs should also be admonished. There is no place in a democratic society for any such behaviour. Freedom of religion is essential in a democratic society, but it does not exist at the expense of our other essential rights like that of protest.
The attack on the Adass Israel Synagogue and the vandalism and destruction of property in the Eastern suburbs are criminal offences and should be dealt with accordingly. The Minns Labor Government’s infringement of our collective right to protest will do nothing to prevent them. The NSWCCL believes strongly that as the NSW Government continues to prevent communities from exercising their right to peacefully protest they increase the risk of more disruptive and potentially violent demonstrations from occurring.
There are already protections in place to ensure that protest does not unduly infringe on the rights of others. Racial vilification and discrimination on grounds of race, religion, disability, sex, sexuality, gender and age are already illegal in NSW under the Anti-Discrimination Act 1977 (NSW). Under the Crimes Act 1900 (NSW) publicly threatening or inciting violence on the grounds of certain characteristics held by a person or group of persons is also an offence.
Given these laws, the NSWCCL believes that any laws to ban protest outside of religious institutions would unduly silence freedom of speech and curtail the right to protest and assembly. Religious institutions exercise significant and overt political power in Australian politics and this makes them a legitimate site of protest in a democratic society.
Additionally, NSWCCL condemns these laws on the basis they could make protests in some places illegal entirely. In the Sydney CBD, religious institutions are numerous and clustered with buildings of civic importance. It is likely protests outside NSW Parliament House, at Sydney Town Hall and in Hyde Park North would be outlawed due to the proximity of these sites to places of worship.
NSWCCL echoes the views of the Jewish Council of Australia that the act of hatred in Melbourne this week has underscored the desperate need for more community dialogue to combat prejudice and promote understanding.
Community dialogue is not possible through the criminalisation of protest and repressive legislation. Laws restricting protest outside of religious institutions would cause more division by limiting the avenues to voice legitimate concern over political issues that religious institutions are involved in.
Comments attributable to Timothy Roberts, NSWCCL President
“The attack on the Melbourne synagogue is distressing. The Minns Labor Government should be ashamed that it is attempting to utilise this reprehensible and violent act to repress political expression in NSW and silence freedom of speech.”
“More laws are not needed. We already have a plethora of state and federal laws that prevent vilification and discrimination, and deal with criminal conduct arising out of the public using violence - especially if violence is being used to further a political ideology.”
“There is no evidence that the proposed laws would have prevented the disgraceful attack against Adass Israel Synagogue or those we have seen in the Eastern suburbs of Sydney. Communities need political leadership that seeks to cultivate and strengthen the bonds that bind us as Australians - not exploit social fractures to further restrict the right to protest.”
“Social cohesion cannot be secured if the NSW Government continues to restrict civil liberties. Banning the right to protest outside places of worship will not make communities safer. There is a real risk that in doing so, the NSW Government will sow the seeds for future division.”
“The proposed laws represent a serious threat to our democratic rights. Silencing peaceful protests under the guise of protecting religious freedoms is unacceptable.”
“The proposed laws could have the serious unintended consequence of making protest functionally illegal in the Sydney CBD due to the proximity of civic sights and gathering places to religious institutions. Under the proposed laws, it could be unlawful to protest outside NSW Parliament House or Sydney Town Hall.”
“Protesting is a vital means of holding those in power accountable, including religious institutions who exercise extraordinary amounts of power in Australian politics. Would we have sought to stop demonstrations outside the Catholic Church drawing attention to the child sex abuse epidemic that was inadequately responded to by that organisation? Or if a church invites a political speaker with reprehensible views towards LGBTQI+ issues?