Lawyers: Threat of violation of human rights of all Tasmanians

Proposed Anti Protest Amendments Do Not Save Bill

The Hodgman Government’s Workplaces (Protection from Protesters) Bill 2014 (‘the Bill’)
threatens to violate the human rights of all Tasmanians. ALHR is deeply concerned by the
prospect of the Bill passing into law and urges the Tasmanian MLCs to reject the Bill as it is
clearly inconsistent with International Human Rights law.

The Bill’s proposed amendments released 22 October 2014 by Paul Harriss do nothing to
alleviate the legitimate concerns raised by ALHR and other organisations. In fact, they
provide Tasmania Police and the DPP with additional discretionary powers under the Bill;
discretionary powers which are clearly inconsistent with International Human Rights Law.

A significant problem with the Bill is its broad operation. The Bill seeks to restrict protesting
on any political, environmental, social, cultural or economic issue. Essentially, the Bill targets
all instances of protest and silences public outcry on virtually all issues of public concern.
This grossly undermines an individual’s right to association, peaceful assembly and
expression as protected under Articles 19, 21, 22 of the International Covenant of Civil and
Political Rights (‘ICCPR’) respectively.

The Bill aims to safeguard business interests; however, the restrictions imposed to achieve
this end are neither legitimate nor proportionate. The rights of business are already protected
through laws relating to trespass, unlawful damage to property and both private and public
nuisance, and these laws already carry potential sentences of incarceration.

The Bill also imposes mandatory sentencing, which may amount to ‘cruel, inhumane and
degrading punishment’ and, consequently, also breach article 7 of the ICCPR. Mandatory
sentencing destroys a judicial officer’s ability to determine an appropriate sentence, which
ought to be based on the particular circumstances of each case.

The UN Human Rights Council has urged the Parliament of Tasmania to refrain from
adopting legislation against protests that disrupt business; the Council pointed to UN
Resolution 25/38 passed in March 2014, of which Australia was a co-sponsor. This
Resolution relates to ‘The promotion and protection of human rights in the context of peaceful
protests’. It recognises that peaceful protests are core to democracy. This Resolution is yet
another of Australia’s many international commitments which would be infringed by the Bill.

Australia’s commitment to the ICCPR and Resolution 25/38 conveys to the domestic population and
international community that fundamental human rights are respected in Australia. The Tasmanian
government has a duty to its citizens to ensure that their human rights are upheld. Business interests
are already afforded protection under the law. If the Hodgman Government wishes to further protect
business interests, a new Bill ought to be tabled which is complicit with our human rights obligation
and proportionate to the issues it seeks to tackle.

The Tasmanian Upper House must wholly reject the Bill.

ALHR (Australian Lawyers for Human Rights) is a network of Australian lawyers active in practising and promoting awareness of international human rights standards in Australia. ALHR has a national membership of over 2600 people, with active National, State and Territory committees.
Adam Gregory, Tasmanian Convenor, ALHR (Australian Lawyers for Human Rights)