Media Statement: Flower pots are not a threat to public safety

Today was an important moment in the history of the right to protest in New South Wales.

For nearly a year, peaceful protests and vigils have occurred across our country calling for the immediate end of violence in Palestine which has seen Hospitals and Schools bombed, the taking of hostages, the mass displacement of civilian populations, forced starvation and the deaths of over 40 000 innocent civilians – the vast majority of whom have been children.

The protests in Sydney have been largely organised by Jews Against the Occupation and Palestinian Action Group. This afternoon, after a day in court, the groups announced that a rally on 6 October and a standing vigil on 7 October will proceed.

Background

NSW Police refused the Form 1 submitted by Jews Against the Occupation and Palestinian Action Group that would allow a “lawful protest” to take place this weekend.  NSW police then applied to the Supreme Court of New South Wales to ensure that the protests could not proceed.

We are disappointed that NSW Police sought fit to utilise limited public resources to curtail the right to peacefully protest. We are concerned that the organisers of the protest discovered that there were impending Court proceedings through the media and not from NSW Police. We note the grounds relied upon by NSW Police in the application included “flower pots” in the proposed location of the protest being characterised as a potential risk to public safety.

By the end of the day, NSW Police abandoned their position and sought to withdraw their application. The peaceful protests organised by Jews Against the Occupation and Palestinian Action Group can now proceed; without the fear of mass arrests occurring.

The Council acknowledges the deep wounds of grief, frustration, distress, fear and despair that many in our communities are experiencing from bearing witness to the ongoing dehumanisation and deaths of civilian populations that have occurred. We share the community’s distress in the knowledge that civilian populations in Lebanon are now experiencing violence.

We acknowledge the diversity of everyday Australians who, regardless of differences in political persuasions, their faith and cultural backgrounds, have consistently come together, exercised their right to protest and advocated for a meaningful ceasefire.

We cannot and should not look away when the horrors of war confront us.  The right to protest is a fundamental democratic right that allows us to express our views, shape our societies, and press for social change. The unfortunate reality is that many everyday Australians face significant barriers in participating in our political processes. Being able to exercise the right to protest is an accessible means for everyone to participate in our political processes – to stand up and have their voices heard.

The right to protest should never be conditional upon the popularity of the issue being protested; or how controversial the issue may be. The right to protest should not depend on whether it is politically palatable for governments or law enforcement bodies of the day.

 

Comments from Lydia Shelly, President, NSW Council for Civil Liberties.

Today’s win in the fight to protect and defend the right to protest demonstrates that the current Form 1 regime in New South Wales is disproportionate and can be used by police to restrict, curtail and prevent the right of the public to exercise their democratic right to protest.

The current Form 1 regime confers discretionary and disproportionate powers on the police to deny the public the right to exercise their democratic right to protest – a right that is protected pursuant to Article 21 of the International Covenant on Civil and Political Rights (ICCPR).

The right to peaceful assembly is a core human right protected under international law. Article 21 of the ICCPR, which Australia has signed, obliges all Australian governments to guarantee, respect, protect, and uphold this right.

We reiterate our call to the NSW Government to repeal the draconian anti-protest laws; abolish the Form 1 regime; protect independent legal observers and introduce a Human Rights Act that enshrines the right to protest. Our democracy does not benefit from the right to engage in peaceful protests being curtailed, criminalised and repressed.

The Council is concerned that some politicians have implied peaceful protest is an inherent threat to social cohesion. This is simply untrue. You cannot achieve true social cohesion by restricting and criminalising the democratic right to protest.

Likewise, we are concerned that some segments of the media have sought to position the protests as a forum glorifying or commemorating violence. This is also untrue.

The Council acknowledges the pro bono legal representation provided to the organisers in the Supreme Court proceedings by our immediate past president, Josh Pallas; as well as Counsel Neal Funnell, Callista Harris, Amanda Sapienza and Arjun Chhabra.

The NSW Council for Civil Liberties will always stand up and defend our democratic freedoms to ensure that the right to protest remains a democratic cornerstone of our society.

We urge people attending the protest in Sydney to ensure they understand the expectations in relation to their conduct that has been published by the organisers.