New terrorist laws threaten
democratic rights
(Email distributed by Damien
Lawson, Victoria's Western Suburbs Legal Service, and Anne O'Rourke, Liberty
Victoria; February 2002)
- Australian Security Intelligence
Organisation (ASIO) to get powers of arrest and detention for up to
48 hour
- The removal of the right
to silence when under questioning
- The 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 organisation's 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
has 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 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's
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.
So ...
* 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 4100
Simon Crean John Faulkner (ALP
Senate)
Parliament House: Parliament House
Tel: (02) 6277 4045 Fax: (02) 6277 2307 Tel: (02) 6277 3233
Email: S.Crean.MP@aph.gov.au Fax: (02) 6277 3415
Email: senator.faulkner@aph.gov.au
Natasha Stott Despoja
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.au
Anne O'Rourke
Liberty Victoria
03 9903 8708 (Tel)
03 9903 8710 (Fax)
0409 334 581 (Mobile)
anne.orourke@buseco.monash.edu.au
|
