If there is one thing that binds the people from all parts of the Northern Rivers community together, it is their great and successful ability to protest – yet the current government would see many of the folk who protested at Terania and Bentley, behind bars if those actions happened today.
On Friday the Greens unveiled plans for legislative changes that will unravel the state’s anti-protest regime and protect the important right to protest in NSW. The announcement comes as environment, climate, and social activists are being targeted by NSW Police and copping harsh, unfair and excessive penalties.
Recent examples of this penalty include: climate activist Deanna ‘Violet’ Coco sentenced to 15 months prison time for protesting on the Sydney Harbour Bridge; Cherish Kuehlmann arrested in the middle of the night by NSW police for protesting rising costs of living, and; long time forest protester Susie Russell singled out, charged and placed on restrictive bail conditions for being in a public forest area last month.
Greens MP, environmental lawyer, and long-time forest activist Sue Higginson and Lismore Seat candidate met in Lismore on Friday with Violet Coco to talk about the Green’s commitment to repealing anti-protest laws brought in by the Liberal National Coalition since 2014.
Laws create new offences
The trio joined together to highlight the issues that anti-protest laws have created new offences such as aggravated trespass on a business property, dramatically increased police powers and resulted in unprecedented sentencing that is aimed at quashing the democratic right to protest and silencing dissent.
They say the Government in lockstep with the Labor opposition brought in the most recent tranche of anti-protest laws last year as climate group Blockade Australia ramped up protest activity in Sydney to raise awareness about the climate crisis.
Under those laws non-violent protesters could be sentenced to imprisonment for up to two years and or fined $22,000 simply for blocking a road.
Vow to amend sentencing laws
The Greens have also vowed to amend sentencing laws to create a defence of genuine protest that means anyone found guilty of an offence while engaging in genuine non-violent protest or civil disobedience will not receive a custodial sentence.
Sue Higginson said that in the early 1990s she locked on to a bulldozer to stop the destruction of an old-growth forest. ‘That forest is now protected under the law. Back then I didn’t face the risk of serving prison time. In fact, I went on to become a lawyer and worked with communities to prevent the destruction of
our environment and hold governments and corporations to account under the law. The deliberate erosion of our fundamental democratic right to protest that we have seen over the last decade is frankly alarming. I am here to reverse these laws as an MP.’
Long and proud history of protesting against unjust laws
Greens candidate for Lismore, Adam Guise, said we have a long and proud history of protesting against unjust laws. ‘We have protested to protect our ancient Gondwana rainforests, to give First Nations people and women the right to vote, uphold workplace rights, and change harsh drug prohibition laws.
‘Thousands of us engaged in non-violent civil disobedience in the Bentley Blockade and Gasfield Free campaign to stop the toxic coal seam gas invasion of our beautiful region. We know too well the important part disruption plays when engaging in civil disobedience. That is how social change is created.’
Mr Guise said that the corrupting influence of political donations on our democracy was starkly apparent when both Labor and the Liberals-Nationals voted together to impose these anti-democratic protest laws which are aimed to intimidate and silence anyone who threatens the profits of the climate-wrecking fossil fuel industries.
‘Our politicians are so captured by the fossil fuel industry that they refuse to acknowledge that the world is on fire. They most certainly do not hold the hose to put it out.
‘Our right to engage in civil disobedience is the bedrock of a healthy democracy and a bulwark against a police state.’
A critical mechanism to drive progress or prevent destruction
Ms Higginson said that protest is a critical mechanism to drive progress or prevent destructive policies from occurring in our environment and communities. ‘There are so many important reforms throughout history that have only been possible because people have taken to the streets and the forests to draw attention to issues.
‘Non-violent direct action and protest has led to the protection of our world heritage forests and national parks, equal rights for women, some rights for First Nations people, minimum pay and conditions and has stopped the destruction of many places from development.
‘Protest is crucial to the function of our democracy. Civic participation through protest is an accountability mechanism and a key driver of social and environmental change. The impacts of sustained protest are cumulative – maybe this government won’t listen, but the next may, protest has a vital role to play in our democracy.
Ms Higginson said that in a mature democracy, protest is recognised as an important and legitimate way of engaging in the democratic process. ‘A person’s right to engage in democracy does not end at the ballot box.
‘People should be able to seek to influence political outcomes through all manner of peaceful activity, including civil disobedience. It is time NSW ends the persecution and harsh treatment of peaceful protesters.’
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