Human Rights Law Centre urges overhaul of anti-protest laws

A new report says people’s ability to gather and speak out on issues has steadily eroded, as the president of the Australian Palestine Advocacy Network called it ‘chilling’ protests are being criminalised.

Australia has enacted 36 laws stifling the ability to protest over the last two decades, the Human Rights Law Centre says, as it urges governments to overhaul restrictions on gatherings and move to protect free speech.

The latest report from the HRLC says the increasing restrictions imposed on protesting is a concerning trend that warrants immediate attention.

It argues that as a signatory to major international human rights treaties, Australian governments must protect the right to peaceful protest and that anti-protest laws should either be repealed or amended so they are in line with human rights law.

In the past twenty years 49 bills affecting protest were introduced in federal, state and territory parliaments. Of those, 36 passed.

NSW has the most anti-protest laws and South Australia has the most severe financial penalties, with fines reaching up to $50,000.

The Protest in Peril report found that environmental, climate and animal rights activists were consistently targeted by protest laws, but that the “often vague and poor drafting” of offences made legislation applicable to all movements.

HRLC senior lawyer David Mejia-Canales said attacking the right to peaceful protest is an attack on democracy.

“Peaceful protest is a legitimate use of public space. We must also have a certain degree of tolerance to temporary disruption to our everyday life due to peaceful protest, if our right to protest is going to realise its full value,” he told The Australian.

“The rights to freedom of expression, thought, conscience, religion or belief – alongside the right to peaceful assembly and association are fundamental human rights that must be respected and protected.”

Picture: NCA NewsWire / Valeriu Campan

Pro-Palestine movements have most recently dominated protest activity in Australia, with weekly protests occupying CBDs and encampments at universities.

“The Human Rights Law Centre also has deep concerns that university students are facing suspension or expulsion for participating in peaceful protests,” Mr Mejia-Canales said.

“Universities must be spaces where diverse perspectives are not only tolerated but encouraged.”

Australian Palestine Advocacy Network president Nasser Mashni said anti-protest legislation is suppressing valid dissent.

“It’s chilling to see our right to protest criminalised, particularly at a time when thousands upon thousands of people are coming together across this continent to raise urgent objections to Israel’s genocide and war crimes in Gaza and our government’s months of inaction,” Mr Mashni told The Australian.

Picture: Josie Hayden

“We’ve seen this erosion of the right to protest manifest not only in restrictions on, and difficulties in, organising and holding Palestine solidarity protests, but also in heightened police crackdowns on peaceful demonstrators.”

The report broke down commonwealth and state and territory legislation impacting protests and criticised laws that gave police extra powers, penalised the obstruction of roads, and increased maximum fine amounts for offences.

Earlier this year, the centre issued a reminder to states that they have an obligation to guarantee freedom of expression, access to information and protest rights in relation to the war in Gaza.

They warned against discrimination and violence against the Arab, Palestinian and Muslim community by police and counter-terrorism being used to clampdown on speech and criminalise activism.