Image: Protestors pulled onto police boats at the Port of Newcastle protest this past weekend. Photo: @risingtideaus, X
by GRACE JOHNSON
The NSW Council for Civil Liberties (NSWCCL) has called on police to withdraw their charges against legal observers during a climate change protest in Newcastle over the weekend.
On Saturday morning, groups of protestors paddled out on surfboards, kayaks and pontoons into Port of Newcastle’s shipping lane to maintain a 30-hour blockage.
The protestors aimed to stop coal exports from leaving Newcastle.
But when it came to 4 o’clock on Sunday afternoon, which marked the end of police permission for the protest, hundreds of protestors remained in the water.
The police then released a statement early Monday morning confirming that 109 people, including 49 men, 60 women, five of which were minors, were arrested.
The statement reads, “Police will allege in court that a number of protesters purposely entered the harbour channel after this time despite appropriate warnings and directions by police.”
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However, NSWCCL then released a statement expressing concern that Legal Observers were amongst those arrested on Sunday.
Legal Observers, typically volunteers, attend protests in order to protect the rights of those protesting and to improve police accountability.
They can be requested to attend protests, but Legal Observers are independent of them, and do not take any part in the protest, nor in the decisions regarding the protest or the direction of protestors.
Recognised as Human Rights Defenders by the Office of the United Nations High Commissioner for Human Rights, Legal Observers perform tasks like handing out information cards, briefing people about their legal rights, and record interactions by taking notes, photos or videos.
At the protest this past weekend, the Legal Observers were clearly identifiable in pink hi-vis vests with “Legal Observer” in big black letters written across them, and made their presence and role known to the police present.
Yet they were charged for doing no more than what was within their role as Legal Observers.
It is also not the first time Legal Observers have been arrested as they’ve followed protests.
Charges against Legal Observers
NSWCCL sent an open letter to the NSW Police Commissioner in August 2021 but has had to send an almost identical letter again for the same reason.
President of NSWCCL Lydia Shelly said, “New South Wales already has a reputation of being a State that restricts and curtails the right to protest unnecessarily. It is shameful that NSW Police have arrested and charged Legal Observers at the recent climate change protest.
“It risks the State of NSW, which is already home to some of the most draconian 2 anti-protest laws in the country, becoming further tarnished in the eyes of those who value transparency, accountability and civil liberties,” she continued.
“The charges against the Legal Observers should be immediately withdrawn. It is not in the public interest for these charges to proceed.”
Ms Shelly has since published an open letter to NSW Police, saying “It is imperative that NSW Police are informed of the role of independent Legal Observers and that this is the last time that NSW Police arrest Legal Observers during the course of their observing at a protest.”
Climate protestors defiant as they’re pulled onto police boats after occupying the shipping channel at the Port of Newcastle. The blockade shopped coal ships for over 32 hours #PeoplesBlockade pic.twitter.com/9B44DtECZv
— RisingTideAustralia (@RisingTideAus) November 26, 2023
Upset over police behaviour at protests
NSW Police have come under fire in recent weeks for their response to protests across Sydney. On October 11, police launched ‘Operation Shelter’ ahead of a pro-Palestine protest, just after the Opera House was illuminated with the colours of the Israeli flag, and warned of using “extreme force” against unauthorised protestors. NSWCCL heavily criticised the police for using “scare and intimidation tactics” ahead of the protest.
More recently, on November 22, police were again criticised for using excessive force against peaceful protestors at Port Botany, arresting over 20 people.
Videos were then circulated on social media depicting police officers backing protestors into a wall, with the crowd having to hold above their heads a child in a pram to prevent the child from getting crushed.
Recent events involving police behaviour at protests and their recently launched Operation Shelter have brought into question whether police power has infringed on the right to protest and the right to free speech.
On the arrest of Legal Observers, Ms Shelly spreads a message of concern, saying “If the charges are not withdrawn, it risks sending a dangerous message to the public that NSW police do not want their interactions or conduct with peaceful protestors monitored by independent organisations. It also further strains the already deteriorating relationship between NSW police and segments of our communities.”
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