Human rights lawyers slam attempts to rush through more draconian anti-protest laws in NSW
Australian Lawyers for Human Rights (ALHR) is deeply troubled by the Minns Government’s attempts to rush through a further round of draconian anti-protest laws, which threaten to breach Australia’s international human rights law obligations.* The Crimes Amendment (Obstructing a Railway) Bill 2024 would amend section 213 of the Crimes Act by inserting a 200-penalty unit offence, dramatically increasing penalties for obstruction to a railway, light rail or tram from $11,000 to $22,000.
Dr Katherine Fallah, ALHR Spokesperson on Criminal Law and Human Rights said:
“The Minns Government’s attempt to rush through another tranche of anti-protest laws is a further unwarranted assault on the right to protest in NSW.
These measures are inconsistent with Australia’s international legal obligations to ensure that the right to peaceful assembly is only ever limited in ways that are strictly necessary and proportionate.
With light rail lines and infrastructure running through major protest sites in the centre of Sydney, Parramatta and Newcastle, the proposed measures and the threat of a $22,0000 fine, or two years imprisonment, or both, cast a disproportionately wide and punitive net.
Taken together with previous draconian measures contained in the Perrottet Government’s Roads and Crimes Legislation Amendment Bill 2022, some of which have already been held to be unconstitutional, this Bill will have a further chilling effect on the ability to engage in peaceful protest action throughout New South Wales.”
Kerry Weste, ALHR Vice-President and Chair of Children’s Rights said:
“Adults and children in NSW now face a situation where in exercising their fundamental democratic freedoms they risk criminal penalties that may change their lives forever. Is this the kind of “democracy” we want – one where children, families and individuals concerned about the climate crisis, violence against women, Indigenous rights, workplace rights or war, face up to two years imprisonment and fines in the tens of thousands of dollars for peacefully protesting?
It’s time for the NSW Government to stand up for the values at the heart of our way of life and ensure laws introduced to the Parliament are properly scrutinised for their compatibility with our human rights. ALHR calls on the NSW Government to catch up with Victoria, Queensland and the ACT by protecting the right to freedom of assembly in a Human Rights Act for NSW. “
Phone for media: ALHR Media Manager Louise Hall 0428 212 833
* The right to freedom of assembly and association is contained in articles 21 and 22 of the International Covenant on Civil and Political Rights (ICCPR) and article 8(1)(a) of the International Covenant on Economic, Social and Cultural Rights (ICESCR) See also article 5 of the Convention on the Elimination of All Forms of Racial Discrimination (CERD) article 15 of the Convention on the Rights of the Child (CRC) and article 21 of the Convention on the Rights of Persons with Disabilities (CRPD)