This week, Aboriginal man, Eric Whittaker died in a Sydney hospital while in police custody. As he lay bedridden, he was placed in leg chains by police. This was the scene that greeted Mr Whittaker’s grieving relatives who came to visit their loved one during his final hours. The family were understandably appalled and insulted by this final indignity. The NSW CCL stands united with the family of the deceased in its condemnation of this corporal treatment which is vividly reminiscent of 19th Century colonial policing practice in this country.
The incident follows recent revelations that Aboriginal children were regularly restrained in the Northern Territory’s notorious, Don Dale Juvenile Centre, by the use of chemical injections. Referred to by prison authorities as, the ‘settlement needle’, the use of these restraints against children has been linked to developmental difficulties in children, including poor cognitive and neurological functioning and hormonal imbalances. A further side effect is suicidal ideation. Given existing rates of youth suicide in Aboriginal communities, the use of these chemicals against Aboriginal people, (against their will) is alarming to say the least. The NSW CCL condemns this practice.
Accordingly, the NSWCCL calls on both the NSW Police and the Northern Territory Department of Correctional Services to cease these damaging practices of corporal restraint against Aboriginal people immediately.
NSW Council for Civil Liberties
4 December 2017
Stephen Blanks – 0414 448 654 - President
The New South Wales Council for Civil Liberties (NSWCCL) welcomes the findings of the Coroner into historic and ongoing police attitudes to LGBTIQ hate crimes and calls upon the NSW Police to implement the coronial recommendations wholly and completely. The Coroner today delivered findings from the third inquest into the death of Scott Johnson.
NSWCCL President Stephan Blanks said "this is a momentous occasion which provides closure for the families and communities that were affected by these poorly investigated crimes".
NSWCCL Vice President Josh Pallas said "recently there have been findings made by this Coronial Inquest and the Royal Commission into child sexual abuse which show that the NSW Police fails specific groups of society which require protection from targeted abuse and violence.”
NSWCCL Vice President Josh Pallas says that he “acknowledges the improvements made by NSW Police on LGBTIQ issues, especially with the establishments of the GLLOs, but these findings show that there is still much more to be done to ensure that LGBTIQ persons feel safe and trust the NSW Police to investigate hate crimes against them.
Josh Pallas - 0458 605 281 – Vice President
Stephen Blanks – 0414 448 654 - President
NSWCCL held its annual dinner last Friday night to celebrate 54 years of civil liberties advocacy and to raise funds for its ongoing work. Around 260 members and supporters were present to celebrate and to hear speeches from two luminaries of the Australian legal fraternity – the Hon Michael Kirby AC CMG and Bret Walker SC.
The gathering was, as usual, a fabulously diverse one including civil libertarian and human rights supporters from many walks of life and activists and advocates deeply engaged in current related causes.
There was a stronger legal contingent than usual, including a goodly number of current or past judges of the High Court, and the Federal and Supreme courts and senior counsels, the President of the NSW Law Society and senior members of the NSW Bar Association - presumably drawn by the stellar legal profile of the speakers.
There were also leading trade unionists, politicians past and present, senior bureaucrats, teachers and academics, journalists and numbers of community and human rights groups.
Most significantly – the gathering included a large number of students and younger civil libertarian supporters. This is heartening for obvious reasons – and, in so far as it reflects the presence and growing influence of younger civil libertarians on the CCL Committee and Executive – it foreshadows a transition already underway in the focus of CCL to civil liberties issues of concern to young people and new approaches to advocacy.
The highlight of the evening was of course the speeches.
The President's message
CCL President Stephen Blanks recalled some of the major issues facing Australians in the past year which had ‘struck deep civil liberties chords’. These encompassed counter-terrorism, indigenous recognition, human rights abuses on Nauru and Manus Island and with NT youth detention, prospective detention / administrative detention, citizenship qualifications for Australian parliament, privacy and government mass surveillance.
Stephen warned that each of these issues ‘eats away at our democracy and makes it more fragile’.
Among the few wins of the past year he flagged the recent striking down by the High Court of the Tasmanian anti Protest Laws and the huge public affirmation of marriage equality – and the now likely passage of the Victorian euthanasia legislation.
For the future, Stephen suggested the forthcoming debate around the passage of the marriage equality legislation might provide some opportunity for a renewed focus on general human rights legislation – if, that is, we can counteract the push for religious-specific protections with the dangerous possibility of unwinding current anti-discrimination protections in Australia. We will also explore the implications of the High Court decision on the Tasmanian protest laws for a challenge to the appalling anti- protest and 'public safety' laws introduced in NSW this year.Read more
COAG has agreed to the establishment of a National Facial Biometric Matching Capability which will have access to all drivers licences in Australia - as well as visa, passport and citizenship photos. This massive biometric database will be available to state and federal security and law enforcement agencies. The rationale for this very significant increase in the capacity for real-time government surveillance of most Australian residents is, of course, to better protect us.
We want governments to do all that is possible and proportionate to protect us and, as part of that, we support effective coordination between states and federal agencies. However, NSWCCL fears that this development in mass surveillance capacity will have- over time - significant implications that are not currently appreciated for the nature of our society and the robustness of our democracy.Read more
There is widespread and well argued community and expert support for a national body to expose and prevent serious and systemic corruption within, and relating to, public administration (including the electoral process and parliament including MPs and their staff).
In April this year, NSWCCL joined others in arguing strongly for the immediate establishment of such a body to a Senate Select Committee specially established to consider (yet again..) this longstanding and increasingly urgent issue. (see earlier post)Read more
Submission: Inquiry into the Crimes Legislation Amendment (Powers, Offences and Other Measures) Bill 2017
NSWCCL Calls on Commonwealth Government to Reform the Federal Custody Notification Service. The Custody Notification Service (CNS) is a legislative scheme requiring police to contact an Aboriginal legal service every time an Aboriginal person enters police custody. The scheme was designed and recommended by the Royal Commission into Aboriginal Deaths in Custody in 1991. Since its implementation in NSW around 17 years ago, the CNS has seen the rate of Aboriginal deaths in NSW Police custody plummet from around 18 per year, in the late 1980s, to zero for an unbroken period of over ten years.Read more
Australians might be surprised to know there is a new Bill proposing an Australian Bill of Rights before the Australian Parliament.
There has not been much stomach for active campaigning in support of a national Bill of Rights in Australia since the bitter and crushing disappointment of the Rudd Government’s failure in 2010 to act on the recommendation of the National Human Rights Consultation Committee (the Brennan Report) for a federal human rights act. This surprising and weak betrayal of community expectations, following a year of extensive consultation and clear public support for a human rights act - and the subsequent loss of the 2013 election to the Abbott Government – put a long term dampener on the enthusiasm of all but the most determined of campaigners.
Australia remains alone among western democratic states in not having a human rights act or charter.
In recent years the Australian Parliament has enacted numerous new laws - and the Australian Government has enacted numerous new policies and programs - which unwarrantedly infringe individual liberties and rights and are in clear breach of our international human rights obligations.
Without the protections afforded by a Bill of Rights, strong and persistent opposition to these laws from many sections of the community has been powerless to stop their passage. Professor Gillian Triggs, the recently retired President of the Australian Human Rights Commission, repeatedly warned of the dangerous consequences for the rights and liberties of Australians of this situation – and was outrageously vilified by the Government and sections of the media for so doing.
So it is with tentative optimism that NSWCCL applauds the introduction of the Australian Bill of Rights Bill 2017 into the Federal Parliament by the independent MP Andrew Wilkie - with the support of independent MP Cathy McGowan.
It is a wide ranging Bill which Wilkie says is closely modelled on an earlier private member’s Bill introduced in 2001 by Dr Theophanous which did not get past a first reading. (2R speech 14/8/17)
NSWCCL PUBLIC STATEMENT
The NSWCCL calls for the withdrawal of this extraordinary Bill. It is unwarranted, unnecessary legislation.
It is a harsh response in a context which calls for more responsible, compassionate and sustainable remedies to the serious policy failures of Governments which have left so many people homeless in Sydney.
The existing powers that NSW Police have under LEPRA (Part 14) and ) and the Crown Lands Act (Sections 156, 157) are more than adequate to remove persons who present any danger or threat to the public or are engaged in any unlawful activity in Martin Place.
Homeless people sleeping in Martin Place- or other public place- are not acting unlawfully.
This Bill effectively criminalises homelessness. It is a retrograde step, contrary to the move to abolish the crime of vagrancy and other victimless crimes more than 30 years ago.
Homeless people may be causing some level of inconvenience to the public, but some level of inconvenience may be the cost we have to pay for the major homeless problem we have in Sydney.
Inconvenience can be managed more compassionately and responsibly than by rushing to force homeless people out of Martin Place when many will, of necessity, occupy other public space in inner Sydney.
NSWCCL urges the Government to abandon this rash Bill and re-engage with the City of Sydney Council and other agencies to find more sustainable solutions. Homeless people should not be forcibly removed from public spaces until alternative ongoing accommodation is available for them.
The reallocation of the purpose built Sirius building to the current inner city homeless is one obvious part of the longer term solution that could be implemented quickly.
NSW Council for Civil Liberties calls for stronger protection of the right to political protest. The recent media statements by the Premier Gladys Berejiklian, Pru Goward and Tony Abbott concerning the homeless people camping in Martin Place highlight the need to protect our right to political protest.
Protection of civil liberties is weak in Australia. The Constitution contains a weak protection of the right to political protest. In NSW we do not have the protection of a bill of rights.
Peaceful political protest often involves disruption of public spaces. If we view the right to peaceful political protest as worth upholding, the community may need to tolerate some inconvenience.
Public statements by politicians to the effect that the police should be required to dismantle peaceful political protests occurring in public spaces ignore the fact that the right to political protest is a fundamental right in a mature democracy.
Now is the time to revisit the need for a bill of rights – visit Human Rights for NSW