Albanese encourages states to enact new anti-protest laws over alleged antisemitism

December 15, 2024
Issue 
Marching in week 62 of the peaceful Palestine solidarity protests, which the Special Envoy to Combat Antisemitism deems 鈥榠ntimidatory鈥. Photo: Peter Boyle

Amnesty International Australia, rights organisations and pro-Palestine solidarity organisers have criticised New South Wales Premier Chris Minns鈥 call to ban Palestine protests outside places of worship, saying it would be anti-democratic.

Antisemitism special envoy Jillian Segal first made the call, labelling the weekly Palestine rallies as 鈥渋ntimidatory鈥 and the pro-Palestine student encampments as 鈥渁ntisemitic鈥.

Segal鈥檚 appointment by Prime Minister Anthony Albanese was controversial, given that she is a pro-Israel lobbyist who has attempted to justify war crimes in Gaza.

Minns and joined the anti-democratic bidding war after the Adass Israel synagogue was firebombed, offering to investigate banning protests outside places of worship.

The PM said he 鈥渃annot conceive of any reason, apart from creating division in our community, of why someone would want to hold a demonstration outside a place of worship鈥.

and those protesting the Catholic church鈥檚 anti-abortion position would disagree.

Amnesty International spokesperson Mohamed Duar said protesting for a ceasefire, to protect all human rights and for an end to Israel鈥檚 genocide of Palestinians in Gaza are 鈥渁n essential and protected outlet鈥 for people to express their views.

He said Australia had a 鈥渓ong and proud history of anti-war protests鈥, including against the Vietnam War and the Iraq War, saying they had contributed to Australia adopting positions in international forums 鈥渢hat help to bring an end to wars鈥.听

鈥淭he right to protest in public spaces makes the foundation of a democracy and is a fundamental human right,鈥 Duar added.

鈥淎uthorities have an obligation under international law to protect and facilitate peaceful assemblies, not restrict them.鈥 听

Duar challenged Segal鈥檚 characterisation of the pro-Palestine demonstrations, saying it was misleading and dangerous听because it 鈥渄elegitimises the voices of those calling for justice in Gaza and beyond鈥.

鈥淐riticism of state actions is not hate 鈥 it is the exercise of freedom of expression, a right that must be safeguarded, not suppressed,鈥 Duar said.听

International human rights law states that restrictions on protest can only be imposed if they are lawful, pursue a legitimate aim and are necessary and proportionate.

鈥淏lanket bans on demonstrations simply for their political message or location are unlawful and discriminatory.鈥澨

鈥淭he peaceful protests in Sydney, Melbourne and other cities have joined millions of people across the world, expressing their solidarity and exercising democratic engagement.

鈥淭hese gatherings have been overwhelmingly peaceful and have brought together diverse communities united by a shared commitment to human rights,鈥 Duar said. He called on federal Labor to 鈥減rotect the right to protest, resist discriminatory narratives and ensure that the fundamental freedoms of assembly and expression are upheld for all鈥.听

The said if Labor prevents people from 鈥渆xercising their right to peacefully protest鈥, it increases the risk of 鈥渄isruptive and potentially violent demonstrations鈥.

It said laws already exist to ensure that protest 鈥渄oes not unduly infringe on the rights of others鈥. Racial vilification and discrimination on grounds of race, religion, disability, sex, sexuality, gender and age are already illegal under the听NSW Anti-Discrimination Act 1977.

罢丑别听Crimes Act 1900听already makes it an offence to publicly threaten or incite racial or religious violence.

NSWCCL said laws banning protests outside of religious institutions would 鈥渦nduly silence freedom of speech and curtail the right to protest and assembly鈥.

It said religious institutions 鈥渆xercise significant鈥 political power and 鈥渢his makes them a legitimate site of protest in a democratic society鈥.

Josh Lees from the Palestine Action Group (PAG) said on December 12 that Jews and non-Jews have been marching peacefully for 61 weeks calling for an end to the genocide.

He said Segal鈥檚 call for protests to be banned 鈥渟hows why this extreme supporter of Israel鈥檚 war crimes should never have been given an official role鈥.

鈥淚t鈥檚 bad enough that Segal defends the brutal apartheid regime which reigns in Israel,鈥 Lees said, but 鈥渘ow she wants to import a similar authoritarian regime into Australia鈥.

PAG called on Labor to remove Segal from her post.

Associate Professor Peter Slezak told the pro-Palestine rally on December 15 that Segal鈥檚 charges of antisemitism have no bearing on reality. Slezak, the son of Holocaust survivors, said antisemitism should not be confused with the legitimate criticism of Zionism.

Segal told the Daily Telegraph that she wants states to adopt a law to ban demonstrations outside places of worship, 鈥渂ecause to criticise a religion [goes against] an essential part of our democracy鈥.

Slezak said Segal鈥檚 conflation of antisemitism with anti-Zionism was deplorable.

However, he said since Israel launched its genocidal war on Gaza, more people can see that it is not a religious war but a land grab.

Queensland鈥檚 new Liberal-National government and Victorian Labor both said they were looking positively at the NSW government鈥檚 next steps in limiting the right to protest.

Victoria Police determined that the December 15 pro-Palestine protest in Naarm/Melbourne was a 鈥渄esignated zone鈥, thereby giving themselves them greater powers to stop and search people.

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