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Democratic Freedoms


Our vision is an Australian democracy in which civil society is robust and vibrant; public debate is informed, fair and diverse; government is open and accountable; and the wellbeing of people and the planet are at the heart of every government decision.

 

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Defending our freedom to gather together and protest

The Human Rights Law Centre defends protest rights to ensure that Australians are free to gather together and speak out on the things that they care about. From winning the right to vote for women to saving the Franklin River, the power of protest has been vital in achieving positive change in Australia.

Despite the 2017 defeat of Tasmania’s harsh anti-protest laws in the High Court, we are seeing a worrying proliferation of antiprotest laws that restrict people’s ability to engage in peaceful protest. These laws strike at the heart of our democracy. And the Human Rights Law Centre has been at the centre of efforts to respond.

In October 2019, in the wake of several high-profile climate action protests, the Queensland Parliament passed a law that unreasonably criminalises peaceful protest tactics with penalties of up to two years. The Palaszczuk Government failed to provide any evidence to support their claims that the new laws were needed.

The NSW Government also introduced harsh, unnecessary proposed laws targeting protest activity on agricultural and forestry land, including public land.

At the Federal level, the Morrison Government introduced laws in 2019 targeting agricultural protest and announced it would seek to outlaw secondary boycott campaigns that try to pressure Australian companies not to do business with other companies involved in environmental harm or human rights violations.

We will continue to push for the withdrawal, amendment or repeal of excessive anti-protest laws and explore options for challenging them in the courts.


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Protecting Protest in Australia


Protecting whistleblowers and defending press freedom

The June Federal Police raids on the ABC headquarters and journalist Annika Smethurst’s home were another chilling demonstration of how excessive government secrecy, increasing authoritarianism and a creeping surveillance state are undermining press freedom and  the ability of whistleblowers to expose wrongdoing.

The raids follow the aggressive prosecution of a number of whistleblowers, including the shameful prosecution of Witness K and his lawyer Bernard Collaery for their role in revealing that the Australian Government had bugged the Timor-Leste cabinet room during sensitive negotiations about oil and gas revenue.

Whistleblowers and public interest journalism are vital to the health of our democracy. Australians have a right to know what our governments are doing in our name. Australian whistleblowers and journalists have revealed misconduct ranging from police corruption to kerosene baths in aged care and the inhumane treatment of people in immigration detention. Courageous people who expose wrongdoing should be encouraged to come forward and protected when they do so. Instead, they are being threatened with a prison sentence.

The Human Rights Law Centre has been working for years to protect press freedom and the ability of whistleblowers to reveal wrongdoing. This work intensified this year. In the wake of the police raids, we briefed two separate parliamentary inquiries about the urgent need for the reform of dangerous laws that allow mass surveillance of communications and that criminalise whistleblowers. Working with key partners, we have identified a range of policy reforms the Australian Government needs to adopt and we have advocated for these reforms in Canberra and in the media.

In response to this and the wider public criticism, the Attorney-General announced that he has instructed Commonwealth prosecutors to obtain his approval before prosecuting any journalists. This announcement barely addresses the press freedom issues raised by the raids. It won’t prohibit the prosecution of journalists for public interest journalism, it will only require the Attorney-General’s consent to do so. The Attorney-General also announced that the Government will look into simplifying and strengthening whistleblower protections.

We will continue to defend press freedom and we will continue to advocate for laws that encourage and incentivise whistleblowers to speak up.

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