Hotline Asia Urgent Appeals -- SUA020328(6)

Extend Time for Public Hearing on Anti-Terrorism Laws
~ AUSTRALIA ~
28 March 2002

Action Requested || Sample Letter || Background
Please respond immediately
(must reach before 5 April 2002)
Update

Summary

Recently, the Australian government introduced 6 new anti-terrorist laws to the Federal Parliament. These Bills have been passed by the House of Representatives (Lower House of the Federal Parliament) but most have been sent to the Senate (Upper House) Legal and Constitutional Committee for scrutiny, while some others have been refered to another Senate Committee which deals with Australian Security Intellegence Organisation (ASIO).

According to human rights groups, certain clauses in these laws could criminalise union activity and social movements in the country. Although the Australian public have been given the opportunity to comment on the laws, they have only been given two weeks to respond - the deadline for submissions is 5 April 2002 - and public hearings will only be held in one city.

The Australian Catholic Social Justice Council (ACSJC) announced that it welcomes public scrutiny of such anti-terrorism bills as these laws are often misused as a tool of oppression. However, they add that to avoid such misuse, the definition of terrorism needs to be precise, the right to freedom of association must be preserved, and to fight terrorism effectively, it must be ensured that methods respect and protect human rights while not falling into the logic of ends justifying means.

Therefore, according to the ACSJC, it is vital that people make submissions opposing the laws and also demand more time for public input in a matter of such great importance.
 
Action Requested

Please write polite letters to express your concern on the potential misuse and repressiveness of the new national security arrangments. Request that, for such an important national legislation:

  • more information about this legislative package and its impact on civil liberties be provided;

  • there be an extension of the time for public submissions and hearings in Australia;

  • public hearings be organised in more cities, preferably in all State and Territory capital cities.

Send letters to:    
The Secretary
Senate Legal and Constitutional Committee
Suite S1.108
PARLIAMENT HOUSE
CANBERRA ACT 2600		 Fax:
Phone:
E-mail: 		02-6277 5794
02-6277 3560
legcon.sen@aph.gov.au
Committee Secretary
Parliamentary Joint Committee on ASIO, ASIS and DSD
Parliament House
CANBERRA ACT 2600
AUSTRALIA		 Fax:
Phone:
E-mail: 		02-6277 2067
02-6277 2360
pjcaad@aph.gov.au
Send copies to:    
Diplomatic Representatives of Australia in your country.
 

Sample Letter

We write with concern about the recent introduction of new anti-terrorist laws in the Australian Parliament. In the Asia-Pacific region, such national security laws have a history of misuse. While Australia does not yet have any history of national security legislation being misused for oppression, it is equally necessary to provide a positive example of the rule of law protecting human rights in the region. Therefore it is encouraging to learn that the proposal has been sent to a committee for public inquiry of its contents.

However, we were informed that the public has been given less than 2 weeks to make submissions and that the hearing will only take place in one city. We are informed that in Australia, normally, committees allow a few months for such submissions and there would be public hearings in a number of capital cities.

In order to ensure that national security arrangements are adequate but at the same time respect and protect human rights in your country, we would appreciate more information on the legislative package and its impact on civil liberties, for example, the precise definition of terrorism and the preservation of the right to freedom of association and detention without the right to silence or a lawyer. We urge you to consider extending the time for public submissions beyond 5 April 2002, and to expand the public hearing to more than one city, preferably to all State and Territory capital cities, for such an important national legislation.
 

Background

The government has introduced 6 new anti-terrorist laws into the Australian Federal Parliament that could criminalise union activity and social movements. Apart from the Senate (Upper House), the bills have also been sent to the Senate Legal and Constitutional Committee, another Senate Committee which deals with Australian Security Intellegence Organisation (ASIO) for a public scrutiny in Canberra.

The public have only been given two weeks to make submissions on these laws. The deadline for submissions is Friday, 5 April 2002.

According to human rights groups in Australia, the proposed new laws include for example:

  • powers for the Attorney General to ban organisations "likely to endanger, the security or integrity of the Commonwealth or another country". People who are members or assist proscribed organisations face up to 25 years imprisonment;

  • the creation of new offences of terrorism that could encompass some union actions, civil disobedience and dissent;

  • the power for ASIO to detain people for 48 hours incommunicado, without the right to silence or a legal representation.

Importance of public hearing:

In a media release on 22 March, Acting Chairman of the Australian Catholic Social Justice Council (ACSJC) welcomed public scrutiny of anti-terorism bills. "While the Government must ensure that Australia's national security arrangements are adequate, especially in the light of last year's terrible terror attacks, it is essential that all such arrangements respect and protect human rights", he said.

"It is the experience of the Church that national security legislation in many countries in our region is often misused as a tool of oppression. While we do not believe this to be the intention of the Australian Government's counter terrorism legislative package, we do want to be sure that Australian national security legislation will not be open to such abuse. For example, the definition of terrorism needs to be precise, and the right to freedom of association must be preserved," he explained.

"To fight terrorism effectively, we must ensure that our methods respect and protect human rights and do not fall into the logic of ends justifying means, as this is the logic of terrorism itself.

"The open and public scrutiny of important legislation is essential. We welcome the referral of the recently introduced counter terrorism Bills to the Senate Legal and Constitutional Committee for proper scrutiny," he concluded.

The ACSJC is the national justice, peace and human rights agency of the Catholic Church in Australia, mandated by the Australian Catholic Bishops' Conference to undertake research, education and advocacy on issues of social justice, development, and peace in Australia and internationally.
 

Please remember to send copies of your letters to Hotline Asia for monitoring purpose.
Thank you for Your Continued Support!!