Fears NSW bill could criminalise racial justice protests

The new bill proposes to dramatically increase penalties for certain disruptions, and has been condemned by human rights groups.

Thousands of protesters kneel and salute at a Black Lives Matter rally in Sydney

Thousands of protesters kneel and salute at a Black Lives Matter rally in Sydney. The new laws could see certain protestors face jail time. Source: AAP

A bill in the New South Wales parliament that would drastically increase punishments for certain forms of protest has been slammed as 'draconian'. 

Attorney general in the Liberal Perrottet government Mark Speakman introduced the bill to the lower house on Wednesday afternoon, seeking to rush the bill through despite immediate pushback from unions and human rights groups. 

The laws, if enacted, could see protestors fined up to $22 thousand dollars and face jail time of two years for “damage or disruption” to major roads and other transport avenues across the state. 

On Thursday, an open letter to the government condemning the proposed legislation had 39 signatories, including the Aboriginal Legal Service, Amnesty International and the Human Rights Law Centre.

The groups said the laws are "a serious threat to democracy." 

"Protest marchers on city roads... could come under the umbrella of these draconian laws," the letter reads. 

"Such laws are incompatible with the democratic right to protest and our fundamental civil liberties. [We] call on the NSW government to cease the introduction of draconian penalties for protests."

The bill, while not explicitly mentioning protests, has raised concerns that social justice movements could also be targeted in the future. 

Elizabeth 'Lizzy' Jarrett is a regular fixture at First Nations marches in Sydney, MC'ing for deaths in custody protests, Black Lives Matter rallies and January 26 events.  

"The government is trying to take away the power of protest," she told NITV News.
Leetona Dungay (second right), and Elizabeth Jarrett (right) embrace with supporters during a press conference in Sydney.
Elizabeth Jarrett (right) embraces Leetona Dungay during a press conference in Sydney. Source: AAP
"For First Nations people, [protest] is more ingrained because the government's on stolen land. So the power of our protest is only voice we seem to have.

"They're silencing our voice, once again, by trying to make this bill passed into law."

A memo distributed to members of parliament on Wednesday singled out people who "participate in illegal protests", potentially defending itself against accusations dismantling the legitimate and legally guaranteed right to protest, but Ms Jarrett said she was unconvinced. 

"I know for a fact the way the government rolls, it's definitely the beginning of something more restrictive," the Gumbaynggirr Bundjalung Dunghutti woman said. 

"Once they get a foot in the door to take away the power of the people, they'll keep stripping back powers more and more."

Greens MP for Balmain Jamie Parker said the government's attempt to rush the bill through parliament was "the opposite of how good laws are made."

"The government did nothing when there were thousands of right-wing anti-lockdown protesters blocking the streets during lockdown," he said. 

Ms Jarrett said occupying public space remained the most important vehicle for First Nations people to protest injustices. 

"It's a terrible thing to have to be out there to educate the people," she said. 

"But then again it makes you feel good in a way, knowing that this is the only voice that we have."

NITV News has approached the NSW attorney general for comment.

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3 min read
Published 31 March 2022 5:35pm
By Dan Butler
Source: NITV News


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