ALHR Statement: Sydney Protests 10 February 2026
Australian Lawyers for Human Rights (ALHR) joins the chorus of human rights experts and organisations expressing concern at shocking alleged excessive uses of force against peaceful protesters in Sydney yesterday. These incidents must be subject to immediate, transparent and independent investigations.
As an organisation committed to the protection of internationally recognised human rights, ALHR is deeply troubled by the evermore draconian anti-protest measures being rolled out throughout Australia. We fear that these measures are legitimising increasingly aggressive and violent police responses to people exercising their internationally recognised human rights to peaceful assembly and freedom of expression.
As a party to the core United Nations human rights treaties, Australia has recognised the freedom to peacefully assemble as a fundamental human right and accepted binding international legal obligations to protect it. Governments have an obligation not to interfere with peaceful assemblies without compelling justification, they are obligated to facilitate them.
Restrictions on assemblies must not be based on the message of the assembly or the degree of public support for the purpose of the gathering. An assembly cannot be deemed violent or non-peaceful just because it involves disruption of movement or civil disobedience. There is a presumption in favour of considering assemblies to be peaceful. Isolated acts of violence by some participants should not be attributed to others, to the organisers or to the assembly.
Assemblies may only be dispersed by law enforcement agencies in exceptional cases. Law enforcement officials should seek to de-escalate situations that might result in violence. They are obliged to exhaust non-violent means and to give prior warning if it becomes absolutely necessary to use force.
Any use of force must comply with the fundamental principles of legality, necessity, proportionality, precaution and non-discrimination. Those using force must be accountable for each use of force.
Section 7 of the Police Act 1990, obliges NSW Police officers to preserve the rights and freedoms of individuals and to exercise their authority responsibly.
The High Court of Australia has acknowledged in various decisions that an implied freedom of communication exists under the Constitution in relation to political and government matters. It has confirmed that this implied freedom extends to state and local political and government matters.
The use of excessive force to disperse peaceful protesters, fuelled by draconian laws restricting the right to freely and peacefully assemble, moves Australia ever further away from international human rights law.
We need our elected representatives to show leadership in upholding democracy, the rule of law, protecting civil liberties and resisting draconian or authoritarian measures.
By aligning federal, state and territory laws with international human rights standards, Australia can better protect everyone equally, uphold our democratic way of life and foster a safer and more inclusive society.
READ ALHR’S EXPLAINER: “The Right to Peaceful Assembly – the human rights obligations of governments across Australia”