Police attempts to block protests go against government’s human rights obligations, say civil liberties and community groups

2 October 2024

Community Legal Centres NSW, Amnesty International Australia, NSW Council for Civil Liberties, Australian Lawyers for Human Rights and Jewish Council of Australia are among 40 groups urging the NSW Police Commissioner to reconsider the decision to apply to the Supreme Court to prohibit pro-Palestine rallies on 6 and 7 October. In an open letter published today, the groups have called the application to prohibit the rallies "a serious departure from the NSW State and Police's responsibility to uphold the democratic right of protest".

The letter calls on the Police Commissioner to instead work with assembly organisers to facilitate the exercise of the democratic right of protest under the protections for protest in the Summary Offences Act and in line with the government's human rights obligations to ensure any restrictions on protest are necessary, proportionate and justified.

The letter also states that the attempt to prohibit the rallies does not appear to be necessary and proportionate given the 51 weeks of peaceful rallies involving tens of thousands of community members, and cites the safety measures adopted by rally organisers to date.

A City of Sydney councillor elect, Sylvie Ellsmore, has also called on police to work with the City of Sydney to manage how the protest takes place instead of taking the organisers to court.

Civil society letter to NSW Police Commissioner and full list of signatories.

Comments and spokespeople available.

"In a democratic society, communities must be able to come together and have their say through protest. The attempt to prohibit a community rally that has safely run for 51 weeks is a serious attack on the right to protest. The NSW Police's citing of flower planter boxes at Town Hall as one of their main safety concerns makes a mockery of the Form 1 process and the Supreme Court's time."

Anastasia Radievska, Protest Rights Campaigner Australian Democracy Network 0499 425 081

"The City of Sydney has passed many motions, affirming the right to peacefully protest outside the Sydney Town Hall, and expressing concern about restrictions on peaceful protests in the city.

"Our community has the right to gather and express political views through peaceful protest in the CBD, but especially outside of Sydney Town Hall.

"Police have the option of working with the City of Sydney to manage how public space is used for protest and other activities - they do not need to take community activists to the Supreme Court to do so."

Sylvie Ellsmore, City of Sydney Councillor elect 0403 977 213

"To prohibit the holding of a peaceful protest in the midst of an unfolding genocide in Gaza would represent a serious incursion on the democratic right to protest. The suggestion that protests in support of Palestinian human rights make Jewish people uncomfortable or unsafe is an idea that itself encourages racism and social division."

Sarah Schwartz, Executive Officer of the Jewish Council of Australia, 0493 970 412

"Amnesty International has documented the repression of protests defending Palestinian human rights over the past year globally, and we are deeply concerned by NSW's attempt to prohibit rallies. The use of discriminatory rhetoric and blanket bans on assemblies undermines Australia's commitment to human rights and sets a troubling precedent for future demonstrations.

We urge the NSW Police Commissioner to work with organisers to facilitate this fundamental right to protest, as enshrined in Article 21 of the ICCPR. Peaceful protests, including non-violent direct actions, are protected under international human rights law, even when they are not officially authorised. We call on NSW authorities to uphold their obligation to protect the right to peaceful assembly."

Kyinzom Dhongdue Strategy & Advocacy Manager, Amnesty International Australia, media requests 0423 552 208

"For close to a year, we have witnessed the birth of the largest anti-war, anti-apartheid and anti-genocide protests in recent history take place in capital cities across our country. They have been peaceful and have united Australians from all walks of life - regardless of their religious beliefs, their cultural heritage, their age, their social class and their sexuality. They are calling for an end of apartheid, an end to war and an end to genocide.

The right to protest is a fundamental aspect of a healthy and functioning democracy and should be protected; even if protests or protest movements are unpopular with politicians and law enforcement of the day. The political and legal response to peaceful protests tells us much about the health of our democracy and the decline of important civil liberties in NSW.

The NSW Council for Civil Liberties was born from a protest in 1963 against police brutality. We will continue to stand shoulder to shoulder with protestors and for the right to protest.

Lydia Shelly, President of the NSW Council for Civil Liberties 0450 735 552

"The freedom to protest peacefully is an essential characteristic of a healthy democracy. A blanket ban like this is anti-democratic. We have legal protections against dangerous, violent, or offensive conduct. It is those laws that should be applied if necessary, but hopefully there will be no need."

Geoffrey Watson SC, Director of The Centre for Public Integrity and Grata Fund, barrister at New Chambers

"Labor governments should protect peaceful protest as a critical feature of social democracy and progressive politics. We urge the NSW Government to work constructively with police, rally organisers and affected communities to allow a peaceful rally and march to occur as planned on Sunday 6th October in Sydney."

Peter Moss, Labor Friends of Palestine 0404 895 999

"The Sydney rallies in support of peace and justice for Palestinians have taken place safely for almost a year now. It is fundamentally important that we protect the right to protest. We oppose any tactics by the police or the NSW Government to prevent community members from rallying this weekend."

Adam Connor, Young Labor Left President, NSW Young Labor Vice-President 0479031970

"As Palestinian Australians, the rally is an opportunity to be heard and seen. It's an opportunity to collectively heal and deal with the trauma we are experiencing. At the one year anniversary, more than any other time, we need to grieve and seek the support of those who stand for justice and advocate for our welfare. Taking this away would be yet another example of hypocrisy and double standards."

Abeer Saleh VP Palestinian Australians Welfare Association 0412874790

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