On 26 November Legal Observers NSW fielded a team of independent legal observers at the Rising Tide protest in Newcastle. Observers were present to document the actions of police and connect any protestors arrested with legal representation.
Five legal observers were arrested by NSW Police while carrying out their role and three of them charged with unreasonable interference by use of a vessel under s14 of the Marine Safety Act, which carries a maximum penalty of $5,500. The charges were issued by the Officer in Charge (OIC) Yeung from Newcastle Police Station.
All legal observers were clearly identified as such by a pink high vis vest with the words ‘Legal Observer’ on the back and police were notified several times about their role as independent observers of the protest.
Civilian legal observers are recognised by the United Nations Declaration on Human Rights Defenders, and their activities protected. NSW Police has an obligation to permit legal observers to carry out their role unhindered.
The right to document and monitor protest as media and independent observers is an internationally protected right under Article 19 of the Universal Declaration of Human Rights, which Australia is not only a party to, but also one of the eight nations which drafted it.
Human Rights Law Centre recently published the Declaration of Our Right to Protest, which has been endorsed by over 60 Australian civil society organisations. The declaration affirms that independent protest observers are fundamental to protecting the right to protest and that right is not extinguished if law enforcement disperse a protest.:
“Journalists, human rights defenders and independent observers may not be prevented or limited in exercising their functions, including when they are monitoring the actions of police and other law enforcement officials. Similarly, they must not face reprisal or harassment and their equipment must not be interfered with, confiscated or damaged. Their right to monitor protests is not extinguished if a protest is dispersed or declared unlawful.”
The NSW government and NSW Police have been working to restrict and criminalise protest activity in recent years, during which they have treated legal observers with increasing hostility. On Tuesday 21 November at a protest at Port Botany several legal observers were obstructed from observing and assaulted by police. Tuesday’s assaults and this weekend’s arrests of legal observers shows clearly the lengths to which NSW will go to avoid accountability and criminalise protest.
Legal Observers NSW call on NSW Police to:
- Immediately drop all charges against legal observers arrested at Rising Tide.
- Respect legal observers as they perform their independent human rights monitoring functions unhindered.
- Not obstruct Legal Observers as they carry out their role of monitoring police actions, including not standing in front of legal observers to obstruct their cameras, or not forcing legal observers to stand far away where an interaction with a protestor cannot be monitored.
- Not make false accusations that legal observers are hindering the activities of police by carrying out their role.
We continue to call on the NSW government to:
- Repeal draconian anti-protest laws, including section 214A of the Crimes Act 1900.
- Disband and defund repressive NSW Police strikeforces that target protestors, including the NSW Public Order and Riot Squad, Strikeforce Odin, and Strikeforce Raptor.
Legal Observers NSW 