Safeguarding Democracy

Freedom.Respect.Equality.Dignity. Action Safeguarding Democracy FEBRUARY 2016 | WWW.HRLC.ORG.AU Democracy relies on many Contact foundations for its success Emily Howie and Hugh de Kretser including an active civil Human Rights Law Centre Ltd Level 17, 461 Bourke Street society, a free press, informed Melbourne VIC 3000 and diverse public debate, Telephone protest rights and the checks + 61 3 8636 4450 and balances provided by Fax courts and other institutions. + 61 3 8636 4455 This report documents a Email [email protected] clear and disturbing trend [email protected] of new laws and practices Web that are eroding these vital www.hrlc.org.au foundations of Australia’s Follow us democracy. Importantly, it http://twitter.com/rightsagenda also outlines a way forward to Join us www.facebook.com/pages/ safeguard our democracy. HumanRightsLawResourceCentre Human Rights Law Centre The Human Rights Law Centre protects and promotes human rights in Australia and beyond through a strategic mix of legal action, advocacy, research and capacity building. It is an independent and not-for-profit organisation and donations are tax-deductible. Executive Summary Threats to press freedom page 2 3 and whistleblowers page 24 The importance of free press and free speech to democracy 25 Recommendations page 8 Intensifying government secrecy 25 Border Force Act 26 ASIO secrecy provisions 27 Strengthening the community sector 8 Attacks on whistleblowers 28 Protest rights 9 Other issues 30 Press freedom and whistleblowers 9 The Australian Human Rights Commission and other watchdog institutions 10 Attacks on the Australian Rule of law 10 4 Human Rights Commission page 32 Human Rights Act 10 The Australian Human Rights Commission’s role 33 Silencing the Hand-picked Commissioners and funding cuts 33 1 community sector Unprecedented political attacks 33 page 12 Ensuring the Commission’s effectiveness 34 Other institutions 34 The vital contribution of advocacy by community organisations 13 Silencing community organisations 14 Undermining the rule of law Cutting funding to community organisations that page 36 advocate 14 5 Changing funding agreements to silence community organisations 15 The rule of law 37 Stopping advocacy by community legal centres 15 Removing court oversight of government decisions 37 Attacks on advocacy by environmental organisations 16 Blocking environmental organisations’ access Creating an enabling environment for community to the courts 38 sector advocacy 17 Vilifying public interest litigation: “vigilante litigation” and legal “rackets” 38 Expanding access to the courts for public Limiting freedom to interest litigation: standing and costs 39 2 protest in Australia page 20 Methodology and acknowledgements Protest is an important part of Australian democracy 21 page 41 Australian police already have broad powers to manage protests 21 Tasmanian and Western Australian anti-protest laws 21 Crackdown on protest for Brisbane’s G20 summit 22 Victoria’s move-on powers 22 Executive Summary The enduring success of Australia’s democracy rests on nation’s human rights watchdog, that were created to many vital foundations including a free press, informed keep them in check. and diverse debate, the rule of law, free and fair elec- The success of Australia’s democracy relies on much tions, active civil society and the checks and balances more than the ability of adults to cast a free vote on provided by courts and other institutions. Yet, despite election day. For our democracy to thrive, we need free Australia’s strong democratic history, there is a clear speech, the free flow of information and a free press to and disturbing trend of new laws and practices eroding hold government accountable and to inform peoples’ many of these foundations. voting decisions. We need to be able to organise and Federal and state governments have stepped up ef- protest on issues that concern us. We need an environ- forts to avoid scrutiny, reduce transparency and limit ment in which civil society can effectively participate. accountability in order to expand government power, We need institutions, organisations and practices to advantage political elites and advance the interests of prevent and expose misconduct and abuse of power; to business. Governments are using a range of funding ensure that government and elected representatives act levers to stifle advocacy by non-government organisa- in the best interests of the Australian public instead of tions that represent vulnerable minorities. Environ- prioritising powerful business and political interests; mental groups who challenge the fossil fuel industry and to ensure that the interests of vulnerable minority are facing threats to their financial viability though at- groups are represented in policy debates. tempts to remove their charity tax concessions. A num- These are not only our human rights but they are ber of states have enacted excessive and unnecessary vital preconditions to the health and prosperity of our anti-protest laws that prioritise business and political democracy and our nation. interests over protest rights. We must arrest this trend that is eroding many of Whistleblowers who expose even the most serious the vital foundations of our democracy and we must human rights abuses against children now face unprec- strengthen these foundations. This report outlines a edented risks of reprisals including prosecution and jail. way forward. Press freedom is being eroded by new laws and policies jeopardising journalists’ ability to maintain the confi- dentiality of sources and to report on matters of public interest. All the while, in critical areas governments are undermining or sidelining the courts and institutions like the Australian Human Rights Commission, the 2 shared opinions. Freedom of association allows for a Australia’s vibrant civil society that can come together to broaden democratic progress political impact, particularly for minority or less powerful groups in our society. Australia has a strong, if uneven, democratic history Our independent courts and basic rule of law princi- that has played a key role in generating the prosper- ples provide vital accountability, allowing citizens and ity and safety many Australians enjoy today. Many of organisations to ensure government complies with the components of Australia’s democratic success have the law. Institutions like the Australian Human Rights been developed over decades, even centuries. Reform Commission help to prevent and address human rights has been ongoing and progress has been hard won. AUSTRALIAN CONSERVATION FOUNDATION: JAMES THOMAS PHOTOGRAPHY THOMAS JAMES FOUNDATION: AUSTRALIAN CONSERVATION violations and ensure proper government conduct. In the 19th and early 20th century, Australian men were the first in the British colonies to vote without holding property. We pioneered the secret ballot; a pri- vate vote that protected voters from the undue influence Civil society has been of their landlords and employers. South Australia was vital to our democratic the first place in the world where women were allowed to vote and to stand for parliament. success At Federation, the Australian Senate was the first One of Australia’s greatest achievements has been the upper house of parliament in the world to be directly strength of the community sector and civil society elected by the people and our members of parliament more broadly to act as a counterweight to the power of were paid, opening up the opportunity for working government and business interests. Australian govern- class men to hold office. Voting rights for women across ments have generally fostered a positive environment Australia followed but it took until 1965 for all Aborigi- for community organisations to operate. This has nal and Torres Strait Islander adults to be able to vote allowed a balance between the majoritarian interests of across Australia. government, the economic interests of business and the Reform has always been driven by the hard work more people-centred approach of community organi- and courage of movements of people who believed in sations who represent the voices and experiences of equality, human rights and fairness, often in the face minority, marginalised and disadvantaged groups. of staunch opposition from entrenched and powerful Australia’s success owes much to the activism and political and business interests. Those movements re- engagement of Australia’s community sector and civil main critical to allowing our democracy to survive and society. Behind many of the rights, laws and policies thrive. we now enjoy and often take for granted, lie years and sometimes decades of hard work – campaigning, organ- ising and advocating to raise awareness of problems The success of and to push for reform. From the efforts of unions to secure the eight-hour day and workplace safety laws; Australia’s modern to the work of environmental groups protecting the democracy rests on Franklin River and ending whaling in Australia; and the advances secured by community advocates on dis- many strong foundations ability rights, family violence, consumer protection and While periodic elections provide the fundamental ac- much more - the activism of community organisations countability mechanism for government, a network of and civil society has been integral in ensuring that fair- complementary checks and balances is needed not only ness guides Australia’s progress. to protect our modern democracy but to ensure that it Community organisations today

Load more