Australia: Police use excessive force, criminalise protesters and sought to block protests through the courts

Australia’s civic space remains rated as ‘narrowed’ by the CIVICUS Monitor in its report published in December 2023. Concerns highlighted previously include the continued prosecution of whistle-blowers, the passage of anti-protest laws which are at odds with Australia’s international obligations, and the arrest of climate and pro-Palestinian protesters.

At the end of May 2024, a Parliamentary Joint Committee on Human Rights released a report on Australia’s human rights framework recommending the establishment of a Human Rights Act. An Australian Human Rights Act would reinforce commitments that Australia has already made under international law and serve as an enforceable standard to enable individuals to seek redress for rights violations. A coalition of 104 civil society organisations welcomed the call for an Australian Human Rights Act as 'an important step forward towards a fairer, more compassionate' country.

In August 2024, the CIVICUS Monitor published a brief highlighting the ongoing erosion of civic freedoms in Australia due to increasing anti-protest laws, the stifling of protests and efforts to silence whistleblowers in recent years.

In recent months, arbitrary restrictions were imposed by the Victoria police while a climate activist was sentenced to three months in jail. Pro-Palestine protesters were arrested for scaling the roof of parliament while union activists were sentenced for a pro-Palestine protest in Port Botany. Police attempted to block a pro-Palestinian rally through the courts while excessive use of force was documented during a protest at a Melbourne defence show. The Melbourne City Council and police harassed a refugee protest while an individual was charged for displaying a prohibited flag during a protest.

Peaceful Assembly

Arbitrary restrictions imposed on use of public address truck in Victoria

In June 2024, Victoria Police began placing restrictions upon the use of a public address (PA) truck that has been used by organisers of the large Free Palestine protest rallies each Sunday afternoon since October 2023.

According to the Melbourne Activist Legal Support (MALS), yhe midsize truck with removable sides has been used by rally organisers as a sound stage and platform for speakers and PA equipment without incident. The vehicle has been parked on an area of sidewalk in front of the State Library

The use of the truck had been permitted by police for approximately 36 successive weeks up until 9 June 2024, when the Forward Commander approached the driver of the sound truck, directed them to move, and threatened to fine the driver or tow the truck away. Despite attempts by rally organisers to negotiate, police fined the driver with the minor traffic offence of ‘parking on a footpath’. The truck was not towed and the speeches proceeded.

The following Sunday, 16 June 2024, police prevented the sound truck from entering its usual position in front of the State Library and stopped it in the middle of Swanston Street.

MALS said these restrictions by the Victoria Police impose "unfair and arbitrary restrictions upon the right to peaceful assembly, and failing to consider and act compatibly with human rights under the Victorian Charter of Human Rights and Responsibilities."

Climate activist sentenced to three months’ jail

An activist who secured herself to a piece of machinery during a climate protest at a Newcastle coal terminal was sentenced to three months in prison in July 2024.

The climate protest was organised by Blockade Australia to call for a change to the economic and political system to achieve meaningful climate action. At least 30 people were arrested since the protest began on 25th June for actions that have included standing atop trains and hanging suspended above railway lines.

Laura Davy pleaded guilty to entering a major facility, causing serious disruption, and was sentenced. Davy is reportedly the first person sentenced under stricter anti-protest laws NSW introduced in 2022.

An appeal against the sentence has been filed. Davey, who is from Tasmania and is one of many who travelled interstate for the protest, also faced a AUD$1,100 (USD 729) fine for entering enclosed non-agricultural lands.

Brad Homewood, a spokesperson for Blockade Australia, said it was the harshest penalty faced by the protesters so far, with most of the 30 arrested facing fines between AUD$750 (USD 497) and AUD$1,500 (USD 994).

Palestine protesters arrested for scaling roof of parliament

Four pro-Palestine protesters from the Renegade Activists group were arrested in July 2024 for climbing the roof of Australia's Parliament House. The protesters stood on the roof of the building in Canberra for around an hour, unfurling black banners, including one which read "from the river to the sea, Palestine will be free".

The four, dressed in dark clothing, stood on the roof of the building for about an hour, rolling out several large black and white banners, including one reading, “No peace on stolen land”.

One of the protesters gave a speech using a megaphone, accusing the Israeli government of “war crimes” in Gaza with the support of the United States, and the Australian government of being complicit in the alleged abuses.

The protesters packed up their banners before being led away by waiting police. The four were arrested and charged with trespassing and have been banned from the grounds of parliament for two years, said a spokesperson for Australian Capital Territory police.

In September 2024, three of the four protesters who pleaded guilty to trespassing on Commonwealth property escaped criminal convictions. The fourth was given a 12-month good-behaviour bond.

Union activists sentenced by NSW court for pro-Palestine protest in Port Botany

In August 2024, five Maritime Union of Australia (MUA) Sydney Branch members and officials arrested in March 2024 in Port Botany while protesting the serious crimes in Palestine were sentenced at the Downing Centre Court.

As previously documented,19 people were arrested at a pro-Palestine protest at Port Botany in Sydney on 25th March 2024. Protesters, including members of the MUA, were demonstrating against the Israel-owned ZIM shipping company. Among those arrested was MUA’s Sydney branch secretary, Paul Keating. They were all charged with obstructing a driver/other pedestrian’s path, failing to comply with a move along direction, and remaining near/on a major facility and causing serious disruption under the states’ anti-protest laws.

Paul Keating, the MUA Sydney Branch Secretary and one of the five activists arrested and sentenced, said “today the NSW Government made a decision to side with a genocidal regime. I am proud to stand beside the Palestinian community in the global tidal-wave of support for justice in Palestine”.

MUA National Secretary Paddy Crumlin said, “Clearly, these laws shouldn’t be in place. Freedom of assembly is a basic civil right and the Minns Labour Government should be amending the unjust and undemocratic laws of their predecessors in NSW Parliament to bring them in line with democratic principles and Australian community expectations.”

Police attempt to block pro-Palestinian rally through the courts

In October 2024, police sought to prohibit pro-Palestine rallies organised by the Palestine Action Group (PAG) marking one year since the conflict and human rights crisis in Gaza erupted. New South Wales (NSW) police launched Supreme Court action to have the protests on 6th and 7th October 2024 deemed unlawful, citing concerns over expected crowd size and potential hazards.

Amal Naser, spokesperson for PAG, said the group “unequivocally opposes this attempt to silence protests” and that the application was an “attack on fundamental democratic rights”.

On 2nd October 2024 over 40 civil society groups urged the NSW Police Commissioner to reconsider the decision to apply to the Supreme Court. In an open letter, the groups 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”.

However, after a hearing on 3rd October 2024, police and protesters agreed the events could proceed – with alterations. The protest on 6th October was allowed after organisers made changes to the route, which would start at Hyde Park. The 7th October event would be a standing vigil, which did not require a so-called “form 1” application that is needed for protests.

Following the protests, the New South Wales premier, Chris Minns, said police should have the powers to ban pro-Palestine protests arguing that it cost the state AUD 5m (USD 3.3m) in 2024 and the force should be able to shut them down because of the “huge drain on the public purse”.

Excessive use of force during protest at Melbourne defence show

There were serious concerns about excessive use of force used by the police during the Land Forces Exposition on 11th September 2024, at the Melbourne Convention and Exhibition Centre (MCEC) which hosted around 1,000 firms from 31 countries.

According to reports, more than a thousand activists attended the protest organised by Disrupt Land Forces, calling for an end to funding “states engaged in genocide and militarised repression,” including Israel.

The police deployed more than 1,000 officers to the event. When protesters arrived, rows of officers were already guarding the exhibition centre ready to repel any attempt to interfere with the event.

Legal observers from the Melbourne Activist Legal Support (MALS) reported multiple incidents of excessive use of force by police including the use of Oleoresin Capsicum (OC) or "pepper spray" deployed at persons moving away from police lines, rubber bullets deployed at short range and Indiscriminate use of OC spray upon large crowds.

According to MALS, police also used tear gas, rubber bullets and flash-bangs including against persons with hands raised and those attempting to move away from police lines. Protesters were violently arrested with some being punched and having their heads slammed against walls while the riding of horses into crowds also resulted in injuries.

The group also documented the “chaotic behaviour of protesters” and videos from the scene showed protesters setting fire to trash cans and throwing projectiles at officers. However MALS noted that in most circumstances, "protestor behaviour 'became heightened after and in response to a coercive crowd control manoeuvre by the police or the use of police weapons".

MALS also observed police assaulting and OC spraying medics and obstructing them when attempting to treat injured people. Police were also observed continuing to fire directly at medics as they escorted people away from police lines with OC spray and tear gas, and charging at them using batons and shields. On multiple occasions, legal observers themselves were assaulted, OC sprayed, pushed and grabbed by police.

Police arrested 42 people at the protest. Two were charged and released on bail, 10 others were fined and another 10 were expected to be served with a summons at a later date. Officials said 27 police officers were injured.

Melbourne City Council and police harassment of refugee protest

On 16th October 2024, Melbourne City Council issued legal notices requiring protestors for refugee rights to clear footpaths and remove all furniture and sound amplification devices. According to the Human Rights Law Centre (HRLC), Melbourne City Council and Victoria Police attended unannounced and cleared out the encampment, forcibly removing protesters’ mattresses, furniture and possessions. People protesting experienced further harassment as police attended the encampment twice.

Refugee community members and activists, together with their allies, had camped in front of government offices since July 2024 demanding visa equality for people failed by the former Coalition Government’s broken ‘fast track’ refugee processing system. After a decade of limbo, they are calling for permanent visas to ensure safe futures for themselves and their families.

HRLC said that “these actions clearly seek to undermine their ability and right to maintain their peaceful protest. Legal threats and police involvement only serve to intimidate and coerce protesters and show a disregard for both their rights and their welfare.”

Sanmati Verma, Legal Director at the Human Rights Law Centre, said: “The scare tactics and disruption from Melbourne City Council and Victoria Police must stop. These protests would not be necessary, if the Albanese Government extended permanent residency to all victims of the failed fast-track system.”

NGO highlights stigmatising narratives on the right to freedom of assembly

In July 2024, Melbourne Activist Legal Support (MALS) submitted a report to the UN Special Rapporteur on the freedom of peaceful assembly and of association.

The group highlighted factors that contribute to stigmatising narratives about protesters and protest movements and their impact on the increasing repression of the right to protest in Australia. It highlighted how protests are talked about to stigmatise protesters, discredit their causes, and delegitimise protest actions.

It showed how the agenda-setting power of the media serves to amplify stigmatising narratives about certain groups of people, damage the social legitimacy of protest, and manipulate the public to build support for the legislative and practical repression of the right to freedom of assembly in Australia.

Report on proposed laws over 20 years affecting protests

On 3rd July 2024, a report by the Human Rights Law Centre (HRLC), ‘Protest in Peril’, provided evidence of how states across Australia have introduced laws to limit the right to protest over the past 20 years.

The report highlighted that 49 laws affecting protest had been introduced in federal, state and territory parliaments between 2003 and 2023, although not all were passed.

The report found that NSW is the state of greatest concern, since it has enacted the highest number of anti-protest laws and these laws consistently targeted activists from the animal rights, climate and environmental movements.

Expression

Individual charged for displaying a prohibited flag during protest

On 2nd October 2024, New South Wales police charged a 19-year-old woman after a Hezbollah flag was allegedly displayed at a pro-Palestine and Lebanon protest in Sydney. Sarah Mouhanna was arrested and charged with public display of a prohibited terrorist organisation symbol.

Australia has designated Hezbollah – a Lebanese Shia Islamist political party and militant group backed by Iran – as a terrorist organisation since 2021.

Police said the woman had been granted strict conditional bail. On 23rd October 2024, Mouhanna pleaded not guilty and will contest the allegations in court.