Letter to NSW Police Commissioner calling for community rallies to be allowed to proceed

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”