In an open letter, civil rights organisations have called for the government to repeal “anti-democratic” NSW anti-protest laws, or failing that, introduce “a community consultation component into the statutory review of the 2022 amendments.”
The 2022 legislation amended section 144G of the Roads Act 1993 to ban “illegal protesting” on all “main roads,” carrying a maximum fine of $22,000 and/or a two year jail sentence. The controversial laws have been under legislative review behind closed doors since April 1.
The letter, published by New South Wales Council for Civil Liberties (NSWCCL), described these laws as “draconian” and demanded the NSW premier and legal advisors protect the “fundamental democratic right […] to express our views, shape our societies, and press for social change” that protesting allows.
“It is essential that members of the community, civil society organisations, legal experts, protesters and protest movements and other stakeholders are given the opportunity to publicly explain the grassroots impacts of these laws,” the letter said.
“As part of a healthy democracy the government should invite comment and critique from the community about its laws,” said NSWCCL President Lydia Shelly, “this review of the Anti-Protest legislation should be open and transparent to reflect our government’s commitment to open debate.”
“The diversity of the organisations that have signed the open letter is significant,” an NSWCCL spokesperson said, “it evidences the grave concerns that are held by civil society organisations, unions, faith bodies, environmental and human rights organisations.”
The open letter was penned by 38 union, advocacy and civil society organisations and unions including Human Rights Act NSW, Jews Against the Occupation 48’, Amnesty International, and the NSW Teachers Federation.
The Anti-protest laws were hastily introduced in 2022 by current leader of NSW Liberal Party, Mark Speakman, in response to expected climate protests in June of that year and to mitigate “major disruptions to the New South Wales transport networks.”
The laws have allegedly been used to charge protestors involved in peaceful protests at Port Botany, according to Secretary of the Maritime Union of Australia (MUA) Sydney Branch Paul Keating.
“MUA members are amongst 42 people charged under these laws for participating in peaceful protests at Port Botany, including members from 6 different unions, who are now facing the possibility of enormous fines, criminal records, and prison sentences,” Keating said.
Vice-President of Young Labor Adam Connor said that “since the Labor Party supported these laws in opposition, we have seen young people arrested and charged while exercising their fundamental right to protest,” and called for the “anti-democratic laws” to be repealed.
Climate protestor Violet Coco was sentenced to 15 months of jail time under the legislation in a controversial trial in 2022. Coco’s protest, which involved blocking one lane of traffic on Sydney Harbour Bridge, lasted only 28 minutes.
NSW Nature Conservation Council CEO Jacqui Mumford noted that “our laws now heavily favour those wanting to wreck our climate and destroy what’s left of our critical ecosystems, rather than citizens exercising their democratic right to peaceful protest.”
The results of the legislation’s anticipated review are expected to be delivered in parliament in October.
A petition accompanying the open letter has also been published by the NSWCCL.
