Victoria’s proposed anti-protest law a fundamental attack on civil liberties

December 19, 2024
Issue 
Supporters for a free Palestine march in the weekly protest on December 15 in Naarm/Melbourne. Photo: Conor MacCleod

Victorian Premier Jacinta Allan’s announcement on December 17 of “strong action” supposedly needed “to fight hate” is a declaration of war against all supporters of free speech and the right to protest. It is the latest in Labor’s attempt to repress the Pro-Palestine movement.

Allan claims Victoria needs new “strong” laws to confront “antisemitism, deal with dangerous and extreme demonstrations protect religious worship and [and] restore social cohesion”. In asserting this, she is conflating the reprehensible firebombing of the Adass Israel Synagogue with the weekly peaceful pro-Palestine protests in Naarm.

Labor’s proposed laws follow remarks by antisemitism envoy Jillian Segal, who described the weekly pro-Palestine rallies as “intimidatory” and called for restrictions on where they can take place.

Rights organisations and pro-Palestine movement organisers have condemned Labor’s move to hand police more powers, including to arrest someone at a protest who does not remove their face mask.

The Human Rights Law Centre’s David Mejia-Canales said any new wide-ranging discretionary police powers could be used against other protest movements. Liberty Victoria said the proposed new laws “may result in the introduction of a permit system by stealth” and are unworkable.

Victorian Trades Hall secretary Luke Hilakari said protests “hold the powerful to account in a physical, visible way, fostering solidarity”. Most do not have access to the halls of power, he said, but “we all have access to the streets”. Inconvenience is a “small price to pay for everyone to have a voice”.

Labor also wants to outlaw the display of “prohibited” flags and possessing glue, ropes or locks. These measures are aimed at those wanting to undertake disruptive protests which, to date, have mostly been around the climate emergency.

However, as glue, ropes and locks are common items, a ban on possessing them at a protest would potentially criminalise people who have done nothing wrong.

Labor also wants to restrict the right to protest around places of religious worship, such as churches, temples, mosques and synagogues. This comes after Prime Minister Anthony Albanese urged states to enact such laws.

Survivors of clergy abuse and supporters of abortion rights are just some of those who have held protests at such venues — against the institutional cover-up of sexual abuse and the church’s hypocrisy over the sanctity of life. 

It would mean that protests in Ballarat and Sydney, where people tied ribbons on the church’s fence calling for justice, would be criminalised.

Such restrictions also open the door to abuse by authorities, who may arbitrarily decide to restrict a protest because it has marched past a religious place of worship, of which there are many in the cities.

What about if the main protest square happens to be next to a place of worship, such as the Sydney Town Hall Square?

And would protests in front of Flinders Street train station in Naarm/Melbourne be banned because it is diagonally opposite Saint Paul’s Cathedral?

There is a lot missing from the mainstream commentary about the rise of antisemitism. It had largely disappeared until the far right and neo-Nazis started promoting racial hatred, including antisemitism.

These far-right and neo-Nazi groups were promoted by right-wing and reactionary MPs from the Liberal and National parties as well Pauline Hanson’s One Nation party. Labor politicians tended to turn a blind eye.

It is mainstream support for the far right that has breathed new life into racist and prejudicial views about Jewish people, or Judaism as a religion.

Unfortunately Israel’s bloodthirsty genocide in Gaza has also generated antisemitism. The pro-Palestine movement has worked to consciously oppose it and educate people about the difference between Zionism and Judaism.

Anti-Zionist Jews, including Jews who practice their faith, are an important part of the pro-Palestine movement.

The idea that authorities have the power to decide where and when protests are allowed is a fundamental attack on our democratic rights.

The very act of protesting is the only public way of expressing dissatisfaction and disagreement with the powers-that-be.

In a democracy, it is a fundamental right.

But as Labor refuses to impose sanctions and cut weapons ties with Israel, even after more than a year of genocide in Gaza, more people will join the protests.

This is likely what governments fear. And it is the reason we have to continue to protest for Palestine and oppose any clamp down on our civil rights.

[Sue Bolton is a member of the Socialist Alliance National Executive.]

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