The NSW Council for Civil Liberties (NSWCCL) has called on police to withdraw their charges against legal observers during a climate change protest in Newcastle over the weekend. 

Volunteers known as Legal Observers actively participate in protests to safeguard the rights of demonstrators and enhance police accountability. Although they can be invited to attend protests, Legal Observers operate independently and refrain from involvement in the protest itself or decisions related to its course.

Designated as Human Rights Defenders by the Office of the United Nations High Commissioner for Human Rights, Legal Observers engage in tasks such as distributing information cards, educating individuals about their legal rights, and documenting interactions through note-taking, photography, or videography.

During the recent weekend climate protest, organised by climate change activist organization, Rising Tide, Legal Observers were easily identifiable in pink high-visibility vests bearing the words "Legal Observer" in prominent black letters and openly communicated their presence and role to the police. Despite this, they faced charges for doing nothing further than what was within their role as Legal Observers.

This incident is not the first instance of Legal Observers being arrested while fulfilling their duties during protests.

Climate protestors took to the waters of Newcastle Port on Saturday morning for a 32-hour rally orchestrated by the climate change activist organization Rising Tide. This protest had been prearranged, and the group had been granted permission by the police to occupy the waters until 4 pm on Sunday.

Activists aimed to stop the departure of coal exports from the city and bring attention to their demands including stopping approval for new coal projects, a 75% tax on profits from fossil fuel exports, and allocated funds for addressing climate loss and damage.

However, on Monday morning, law enforcement disclosed that they had apprehended 109 individuals, comprising 49 men, 60 women, and five minors, for remaining in the water beyond the 4 pm deadline.

Organisations including the NSW Council for Civil Liberties are calling on New South Wales Police to drop these charges.

The New South Wales Council for Civil Liberties (“the Council”) and Muslim Women Australia (“MWA”) have filed a joint submission into the New South Wales Review of Legal Protections against Forced Marriage.

The New South Wales Council for Civil Liberties has consistently raised our concerns with respect to the proposed Crimes Amendment (Prosecution of Certain Offences) Bill 2023 (“the Bill”). We refer to our previous press release issued on 23 and 28 November 2023 on this issue.

We are aware that the Bill passed the Legislative Assembly last night and that the Opposition sought to have the DPP remain as a safeguard, as well as including police officers only of the rank of an Inspector be authorised to prosecute offences pursuant to s. 93Z of the Crimes Act 1900 (NSW).

We are also aware that the Greens sought to introduce a statutory review period of twelve months and that the Bill should be referred to the Standing Committee on Social issues.

We remain opposed to the removal of the DPP as a safeguard and remain concerned that there is a push for legislative amendments to be rammed through parliament without proper consideration, scrutiny and consultation by the Minns Government.

The New South Wales Council for Civil Liberties supports the campaign for a Royal Commission into
Immigration Detention – including onshore and offshore detention on Nauru and Papua New Guinea.

The campaign for a Royal Commission into Immigration Detention is being launched at Parliament
House in Canberra on Tuesday 28 November 2023, hosted by Kylea Tink, Member for North Sydney.

The New South Wales Council for Civil Liberties has consistently raised our concerns with respect to
the proposed Crimes Amendment (Prosecution of Certain Offences) Bill 2023. We note our previous
press release issued on 23 November 2023 on this issue.

Protesters who participated in a pro-Palestine rally in Sydney on Tuesday night, forcibly dispersed by the police, are challenging the assertion made by New South Wales Premier Chris Minns that the police response was reasonable.

Twenty-three individuals were arrested and charged by NSW police during the protest at Port Botany, which targeted the unloading of a ship owned by the Israeli company ZIM, known for its support of the Israeli government in its conflict with Hamas in Gaza. The organizers, Palestine Justice Movement Sydney and Unionists for Palestine, along with civil rights groups, criticized the police for their handling of the situation. Riot squad and mounted officers were deployed to forcibly disperse the crowds, including children.

Open Letter to the Police Commissioner from Lydia Shelly

I write in my capacity as the President of the New South Wales Council for Civil Liberties (the Council), one of Australia’s leading human rights and civil liberties organisations. This is an open letter addressing concerns about the treatment of independent Legal Observers by the New South Wales Police (NSW Police) during a recent climate change protest in Newcastle.

The Council, founded in 1963, is a non-political, non-religious, and non-sectarian organisation dedicated to championing the rights of all to express their views and beliefs without suppression. We hold Non-Government Organisation status in Special Consultative Status with the Economic and Social Council of the United Nations, as per resolution 2006/221 (21 July 2006).

At the climate change protest on Sunday, November 26, 2023, in Newcastle, several Legal Observers were charged for activities that were within their role as Legal Observers. These individuals were easily identifiable by wearing pink high-visibility jackets with "Legal Observers" written across the vest in large black letters. Furthermore, the arrested Legal Observers informed the police of their independent role and function at the protest.

We are concerned that New South Wales (NSW) police have arrested several Legal Observers at the recent climate change protest that occurred on Sunday, November 25, 2023.

Legal Observers attend protests, usually as volunteers, to protect the rights of those protesting and to improve police accountability. Their hands-on tasks include handing out information cards, briefing people about their legal rights, taking notes and photographs, and video recording interactions. Volunteer Legal Observers are recognized as Human Rights Defenders by the Office of the United Nations High Commissioner for Human Rights and, as such, fall under the protection of the Declaration on Human Rights Defenders.

The Declaration of the Right to Protest, which we recently endorsed, recognizes the important role of Legal Observers and calls for their protection. Their role and importance do not diminish or extinguish even if a protest is declared “unlawful.”

The Legal Observers at the recent climate change protest were clearly identifiable in pink hi-vis vests with “Legal Observers” written on them. They informed NSW police of their role at the protest.

In response to escalating tensions surrounding the conflict in Gaza, a legislative reform has been introduced to the New South Wales parliament, granting the police the authority to bring charges for threats and incitement to violence based on race and religion. Premier Chris Minns, emphasizing the need for robust hate speech laws, announced the change after a prompt review of existing legislation, stating that such laws should possess substantial enforcement capabilities.

However, the proposed reform has faced criticism from prominent legal figures who argue that safeguards are crucial, expressing concerns that the changes could potentially "open the floodgates for controversial speech to be investigated."

Under the current system, police are required to obtain approval from the director of public prosecutions (DPP) before charging individuals for making threats or inciting violence. The proposed amendment seeks to bypass the DPP, entrusting the power directly to the police.