Jabiluka's political prisoners

July 22, 1998
Issue 

By Rebecca Meckelburg and Jim Green

Non-violent actions to stop the Jabiluka uranium mine have led to hundreds of arrests at the blockade in recent weeks. Protesters have endured police violence and appalling conditions in the police lock-up, and some may face jail sentences under the NT's mandatory sentencing laws.

On June 29, despite protesters' efforts, a convoy of trucks carrying construction equipment managed to get into the Jabiluka mineral lease. On July 3, more than 300 people stormed on to the mineral lease, catching police unprepared. There were 106 arrests later in the day.

On July 11, Energy Resources of Australia used explosives on the mineral lease, endangering the lives of protesters. No sirens or other warnings were given beforehand and, with some protesters only 200 metres from the blasts, it appears the blasts contravened health and safety regulations.

On July 14, more than 350 people occupied the access road to the mine site. Another 130 people swarmed into the compound at dawn and stopped construction work; 20 locked on to machinery. There were 118 arrests, bringing the total to more than 350 since the blockade began in March. Many of those arrested remained in jail for three days.

The July 14 protest was in solidarity with Yvonne Margarula, the senior traditional owner, who appeared in Jabiru Court on the following two days facing charges of trespassing (on her own land). Margarula pleaded not guilty and the hearings were deferred until August. The case began against the backdrop of a Newspoll, released in earlier this month, in which 67% of respondents said they opposed the Jabiluka mine.

Protesters have been subjected to brutality by security guards and some members of the Territory Response Group, including assaults on people locked on to machinery, denial of prompt medical attention and removal of water supplies.

Another police tactic in the past month has been to charge protesters with serious charges such as criminal damage and unlawful use of a motor vehicle (locking on to machinery). These charges are covered by the mandatory sentencing laws, which state that anyone 17 years and over found guilty of certain charges must be sentenced to at least 14 days' jail, no matter what the circumstances and no matter how minor the damage. For a second offence, the minimum is 90 days and for a third offence it is one year.

NT police openly acknowledged that serious charges are being laid because protest actions have started to cost ERA money. Despite this, NT police minister Mike Reed said, "I have no doubt that the police are applying the law equitably".

There's no shortage of irony in the situation. Protesters are doing their best to stop construction of a mine which will generate 20 million tonnes of radioactive tailings, impact on the fragile Magella Creek ecosystem for thousands of years and which is opposed by the indigenous Mirrar people. ERA, not the protesters, should be charged with "criminal damage", and police and security guards would also face criminal charges if the matter was being handled "equitably" as Reed claims.

Despite the efforts of ERA, police and politicians, there are still 350 to 450 people at the blockade and more actions are planned. The sense of determination and solidarity is strong: for example, the en masse refusal of arrestees to accept onerous bail conditions has forced judges to apply more reasonable conditions.

In response to the mass arrests and prospect of jail sentences, the Jabiluka Activist Support Network has been established to defend the democratic right to protest. Based at the blockade camp and in Darwin, the JASN will provide concrete support for those arrested.

One of its demands is for improved jail conditions. After the July 14 arrests, protesters were held for over 15 hours in atrocious conditions in the Jabiru Police Station. A majority of the 118 arrestees were held in one cell which, according to the NT Police's Peter Hayles, was designed for a maximum of 12 people. There was not enough room to lie down and only one toilet which was blocked for part of the time. Complaints have been made to government authorities.

JASN spokesperson Sibylle Kaczorek said, "this issue is of concern to all people concerned about democratic rights in the NT. The threat to use mandatory sentencing legislation is an attempt to intimidate activists. If successful it would have far-reaching implications for all people's rights to take civil disobedience action around any issue."

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