2 October 2024
Dear Commissioner,
We write concerning your intention to apply to the Supreme Court for the prohibition of the holding of public assemblies by Palestine Action Group on 6 and 7 October. We strongly urge you to reconsider your decision to apply to the court and instead work with assembly organisers to facilitate the exercise of the democratic right of protest under the protections in the Summary Offences Act and in line with the government’s human rights obligations.
Article 21 of the International Covenant on Civil and Political Rights (ICCPR) requires all governments to guarantee and respect the right to peaceful protest and to create an enabling environment within their jurisdictions for the exercise and enjoyment of the right. Governments and their agencies are required to protect all forms of peaceful protest regardless of wherever it happens or what form it takes. These protections are owed to all people and must be provided to everyone free from discrimination of any kind. Australia has an obligation to comply with international law and realise its principles in legislation.
Over 140 community organisations, including the Australian Council of Social Service, Community Legal Centres NSW, Australian Services Union NSW ACT and NSW Council for Civil Liberties, have called for Australian governments to respect these fundamental protest rights through the Declaration of our Right to Protest.
Per the UN Human Rights Committee (UNHRC), in order to uphold the right to peaceful assembly restrictions on peaceful assembly must be ‘necessary and proportionate in the context of a society based on democracy, the rule of law, political pluralism and human rights, as opposed to them being merely reasonable or expedient’. The application to prohibit Palestine Action Group’s rallies does not appear to be necessary and proportionate given the 51 weeks of peaceful rallies involving tens of thousands of community members. Rally organisers have consistently worked to ensure the safety of the rallies and have taken additional safety measures when asked to do so by police. The attempt to prohibit these rallies is a serious departure from the NSW State and Police’s responsibility to uphold the democratic right of protest.
Signed:
Community Legal Centres NSW
Young Labor Left
Amnesty International Australia
Grata Fund
Justice and Equity Centre
Human Rights Law Centre
Australia Palestine Advocacy Network
Australian Lawyers for Human Rights
Jewish Council of Australia
Tzedek Collective
Australian Democracy Network
Rising Tide
City of Sydney for Palestine
Central West for Palestine
Families for Palestine
Inner West for Palestine
NSW Council for Civil Liberties
Refugee Action Coalition
Democracy in Colour
NSW Labor Friends of Palestine
Philippines Australia Union
Teachers and School Staff for Palestine NSW
Trade Unionists for Palestine NSW
Stop the War on Palestine
Students Against War
Latin America Social Forum - Sydney
Social Workers for Palestine
Newcastle Mums for Palestine
Maritime Union of Australia (Sydney Branch)
Eastern Suburbs 4 Palestine
Socialist Alliance
Vote for Palestine
Palestinian Australians Welfare Association
Fairfield for Palestine
UTS Staff for Palestine
Islamic Friendship Association of Australia Inc
PSA For Palestine
First Mardi Gras
Professionals Australia for Palestine NSW
Pride in Protest
Muslim Legal Network NSWConversations For Palestine
NTEU for Palestine
Sydney Uni Staff for Palestine
Sydney Anti-AUKUS Coalition
Muslim Votes Matter
Salvador Allende Monument Committee Inc - Sydney
Arab Theatre Studio Inc.
CPSU for Palestine
Mountains for Palestine
Sundays for Peace - Wagga Wagga
Our Race Community
Ireland Palestine Solidarity “Australia”