Action Alert, December 2001 Download as Flyer (RTF format)
NEW TERRORIST LAWS THREATEN AUSTRALIANS' DEMOCRATIC RIGHTS
- ASIO to get powers of arrest and detention for up to 48 hours
- Removal of the right to silence when under questioning
- Creation of terrorist offences and related legislation violating the rights to freedom of expression, assembly and association
- Removal of privacy rights and increased powers for government to seize organisations' assets
- Denial of the right to legal representation
In the wake of the attacks in the US on 11 September governments throughout the "west" are planning and have implemented a number of measures to protect against future terrorist attacks. Some of these measures are directed specifically against such attacks, but some of the measures are not and would, if implemented, affect the fundamental rights of the people living in these countries.
In Australia, the Federal election delayed specific legislative changes from being implemented. However, Federal Cabinet has announced some extraordinary proposals and over the coming months proposed legislation will be made public.
The legislation is likely to be considered in February so it is important for civil society to act now and influence the debate over what are acceptable changes, if any, to our democratic and civil rights.
NEW POWERS FOR ASIO
While the precise proposals remain sketchy. The Prime Minister has said ASIO will be able to arrest and hold people for questioning for 48 hours after obtaining a warrant from a Federal Magistrate or the Administrative Appeals Tribunal. Both these bodies have been appointed by the present Federal Government, AAT members do not have the same independence and are not a judicial authority, with fixed terms and reappointment determined by the government. ASIO would move from spy agency to secret police.
Extremely concerning is the Attorney General's statement that people arrested could face up to five years in jail for refusing to answer questions, removing people's right to silence. People could be held incommunicado with no right to a lawyer.
Such powers would not be restricted to those suspected of terrorism, but anyone who might have information regarding politically motivated violence. The Attorney General has said this could include lawyers and journalists.
ORGANISATIONS BANNED
New legislation will be introduced based on the UK Terrorism Act 2000. This act allows the government to ban organisations and makes it an offence to be a member, attend a meeting, provide any support, and indeed even wear a T-shirt with the organisation's symbol. As one critic has said, support for Nelson Mandela's ANC would have been banned if these laws had been in place during the time of the anti-apartheid movement. In Australia, support for the East Timorese independence movement could have been banned. But the laws scope is not just restricted to solidarity with overseas independence groups. The definition of terrorism is so broad that many unions and community organisations involved in industrial disputes, organising public protest or dissent could be included.
Proposed amendments would also give greater power to government agencies to avoid privacy protections and access financial and other information and confiscate or freeze assets.
If Australia adopts the European model, the scope could be even wider. The European Parliament is currently discussing new laws which would define terrorism as any offences which "aim to seriously prejudice the political, economic or social structures of a country." Such a definition might include anyone arrested at protest about the environment, corporate globalisation, native title, or asylum seekers or union members taking industrial action.
GOVERNMENT PLANS COULD GO FURTHER
The United States, UK, Canada and New Zealand have already passed draconian new laws with broad definitions of terrorism; enabling government to ban organisations and penalise people who support such organisations. In the US and UK non-citizens can be detained without a court order. In Britain the detention is indefinite with a government appointed committee only reviewing the detention after 6 months. Police and intelligence agencies have been given extensive new powers to search people homes, tap phones and avoid privacy protections to access financial and personal information.
The Bush Administration plans to establish secret military tribunals whereby those suspected of terrorist activity will be brought before a US military commission. These military commissions can by-pass normal legal protections and checks and balances in the legal system.
The Commission sits in secret. There is no right to legal representation and hearsay evidence is admissible. Those convicted have no right to appeal and could receive the death penalty.
The existing criminal law is adequate to address any offences that fall within any common sense definition of terrorism. Murder, serious injury, aiding and abetting or conspiracy are all charges available to police, with serious penalties attached.
ACT NOW
The danger of these proposals is that many of the protections and principals of the criminal law will be done away with broad powers placed in the hands of an unaccountable and secret police. The need for security should not come at the price of those democratic rights that have been won through centuries of struggle.
- circulate this information and tell your family, friends and workmates about these dangerous proposals
- write to politicians informing them of your concerns and opposition to the proposals (some addresses below)
WRITE, RING, FAX
Prime Minister John Howard
Tel: 02 6277 7080 Fax: 02 6273 4100Simon Crean (ALP Opposition Leader)
Tel: (02) 6277 4045 Fax: (02) 6277 2307
Email: S.Crean.MP@aph.gov.auSenator John Faulkner (ALP) Senate) Parliament House (carrying the bill in the Senate):
Tel: (02) 6277 3233; Fax: (02) 6277 3415
Email: senator.faulkner@aph.gov.auSenator Stott Despoja (AD) Tel: 02 6277 3645 Fax: 08 6277 3235
Email: Senator.Stott.Despoja@democrats.org.au
All mail can be addressed to: Parliament House, Canberra ACT 2600
FOR MORE INFORMATION
Damien Lawson, Western Suburbs Legal Service Inc.
03 9391 2244 (Tel); 03 9399 1686 (Fax); 0418 140 387 (Mobile)
clewsls@vicnet.net.auAnne O'Rourke Liberty Victoria
03 9903 8708 (Tel); 03 9903 8710 (Fax); 0409 334 581 (Mobile) anne.orourke@buseco.monash.edu.au-----------------------------------------------------------------------------------
Reproduced in the public interest by StopMAI Coalition of WA
Hon Sec Brian Jenkins, Ph 08 9528 1864. Email jenks@iinet.net.au
(12 December, 2001)