Civil rights suspended: Labor nods 'yes'
Hardly a week goes by without another civil liberty being abolished. Largely ignored by the corporate press, the current sitting of parliament is examining the National Security Information (Criminal Proceedings) Bill and the "anti-terrorism" bills.
It has been known for some time that the Coalition government was introducing the Anti-Terrorism Bill (No 1). Labor's opposition to the bill was so weak that the Coalition has evidently been encouraged to introduce two more. Also, unlike the first anti-terrorism bill, which received at least some media coverage, the second and third have received virtually no coverage in the corporate media, helped by the fact that Labor is approving it all with a silent nod for fear of being portrayed as soft on "terrorism". With friends like these, what person who values civil liberties and human rights needs enemies?
Perhaps the most dangerous aspect of the new legislation is the offence of "associating" with "terrorists". This carries a maximum penalty of three years' imprisonment. There will not be a list of "banned persons" with whom it would be illegal to "associate". Who is or is not a "terrorist" for purposes of this law can be worked out by the prosecution later. Its application to those working in solidarity or in support groups with people accused of being "terrorists" such as Palestinians or Acehnese or a host of refugee groups is obvious.
As the offence of "associating" is so vague, it seems perfectly calculated to instill fear into the hearts of Muslim Australians. If this was actually about stopping real terrorism, it is a wonder the government didn't make it an offence with a maximum penalty of 25 years. But three years is just enough to further terrorise a community already under siege. Telephone calls, emails and personal contact all count as "associating". Defences do exist such as the implied constitutional right to political communication: so going to a public meeting might be safe, but having coffee afterwards might not be.
The new laws would also allow the attorney-general to transfer prisoners from one state to another or within a state if it is "in the interests of security". Those arrested can be transferred to Woop Woop, punishing them by isolating them from their community, friends, relatives and lawyers. Such decisions by the attorney-general can not be challenged in the courts - an amendment to the Administrative Decisions (Judicial Review) Act makes sure of that.
The National Security Information (Criminal Proceedings) Bill provides for semi-secret trials, where part of the trial is held in secret if it would otherwise prejudice (of course) "national security". Prosecution evidence may be withheld from the defence where the defence lawyer has not been "security cleared".
But it gets worse. As Greens Senator Kerry Nettle said, in condemning Labor for supporting the new laws, they "attack the fundamental principle of innocent until proven guilty and the independence of the judiciary, and breach international law ... [They] severely restrict the right to bail, introduce mandatory sentencing and give police new detention powers."
The laws are being pushed through so quickly that there is little hope for proper scrutiny. As Amnesty International pointed out in its submission to the Senate inquiry into the "anti-terrorism" laws, they breach international agreements including the International Covenant on Civil and Political Rights in regard to arbitrary detention, presumption of innocence and breach of the Convention of the Rights of the Child (for the arbitrary detention of minors).
Clearly, this proposed legislation will have wide-ranging effects if passed. It will hobble the emergence of solidarity and support groups. For instance, supporters of Irish freedom or various Latin American solidarity groups will think seriously before they undertake basic support roles, from raising money to disseminating literature. Union actions in support of independence movements like the East Timorese struggle may fall victim to these laws.
There is little doubt that the proposed legislation is a further weapon in Howard's continuing campaign of anti-Muslim fear-mongering, but the legislation, if passed, will have ramifications for many on the left for years to come.
The Socialist Alliance's call for a comprehensive bill that entrenches equality for all is even more urgent in the light of these latest attacks on our civil rights.
[Dale Mills is an activist in the Civil Rights Network and a member of the Socialist Alliance. For further information, go to <http://www.civilrightsnetwork. org> and <http://www.amcran.org>. ]
Dale Mills
From Green Left Weekly, July 7, 2004.
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