Australia: Civic Freedoms Undermined By Restrictive Laws And Stifling Of Protests

CIVICUS, a global civil society alliance, is concerned about the ongoing erosion of civic freedoms in Australia due to increasing anti-protest laws, the stifling of protests and efforts to silence whistleblowers in recent years.

These actions, highlighted in a brief published today, are inconsistent with commitments made by Australia to the UN Human Rights Council. They also contravene its international human rights obligations guaranteed in the International Covenant on Civil and Political Rights (ICCPR), which the country is a state party to. Due to this the state of civic space in Australia - which was downgraded in 2019 - remains rated as ‘narrowed’

Civil society groups have raised serious concerns about restrictive anti-protest laws that have been passed in a number of states in recent years including New South Wales (NSW), Victoria, Tasmania and South Australia. Some of the provisions in the laws are unnecessary, disproportionate and are inconsistent with Australia’s international human rights obligations. They also create a chilling effect for those who would want to engage in protests.

Over the last year, the CIVICUS Monitor has documented numerous cases where the right to peaceful assembly has been restricted, disproportionately targeting climate and environmental protesters as well as protesters calling for a ceasefire and accountability for human rights violations in Gaza. Scores of protesters have been arbitrarily arrested and some have been prosecuted. In some cases, the authorities have used unnecessary or excessive force. Legal observers monitoring protests have also been arrested.

“The Albanese government must do more to ensure that policing powers, laws and regulations include the responsibility to uphold and protect the right to peaceful protest. It must also push for the amendment of all anti-protest laws to ensure their provisions are consistent with international human rights law and standards and that charges are dropped against protesters who are peacefully exercising their rights,” said Josef Benedict, Asia Pacific researcher at CIVICUS.

CIVICUS is also alarmed about the continued prosecution of whistleblowers. Former Australian army lawyer David McBride was sentenced to five years and eight months in jail in May 2024 for revealing information about alleged Australian war crimes in Afghanistan. Whistleblower Richard Boyle, a former Australian Taxation Office (ATO) employee who blew the whistle on aggressive debt recovery practices targeting small businesses is also facing trial.

There are also concerns over reprisals against individuals for exercising their right to freedom of expression. Senior management at the publicly funded broadcaster ABC summarily terminated the contract of journalist Antoinette Lattouf in December 2023, apparently because she had posted critical comments on Israel’s attacks on people in Gaza. Civil society groups have also raised concerns about a complex web of secrecy laws that is undermining democracy and silencing whistleblowers and journalists

“It is about time the authorities listen to civil society and overhaul Australia’s whistleblowing laws, establish a whistleblower protection authority and repeal all laws criminalising public interest reporting. CIVICUS also calls on the government to halt the criminalisation of whistleblowers and review all national security and secrecy laws, so they are not used to silence expression and create a chilling effect,” said Benedict.

In order to protect human rights and fundamental freedoms, CIVICUS supports the call for Australia to adopt a Human Rights Act at the federal level to ensure the protection of freedoms of association, expression and peaceful assembly in all jurisdictions that currently do not have such a law.

Civic space in Australia is rated ‘narrowed’ by the CIVICUS Monitor.

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