The Supreme Court of New South Wales has struck down the state’s draconian anti-protest laws, ruling they impose an “impermissible burden” on political communication and are invalid.

In a landmark decision yesterday, the court declared key provisions of the anti-protest laws introduced after the Bondi terrorist attack unconstitutional, finding they gave police sweeping powers to shut down protests across large parts of Sydney without sufficient justification.

“The impugned provisions infringe the implied freedom of political communication,” the court found.

The court held that the laws were “not compatible with the maintenance of the constitutionally prescribed system of representative and responsible government.”

Not constitutionally legitimate
“It is not a constitutionally legitimate purpose to seek to discourage all forms of public assembly across a nominated geographical area to preserve social cohesion, on the grounds that the very act of holding public assemblies is apt to cause tension and division in the community,” the court found.

The challenge centred on a suite of laws rushed through on Christmas Eve under the Terrorism and Other Legislation Amendment Act 2025 (NSW), in the aftermath of the Bondi attack that killed 15 people.

The laws allowed the NSW police commissioner to issue sweeping “public assembly restriction” declarations across broad areas.

Once in force, those declarations effectively shut down protests by preventing them from being authorised under the Summary Offences Act 1988 (NSW), cancelling existing approvals and enabling police to disperse gatherings using expanded powers under the Law Enforcement (Powers and Responsibilities) Act 2002 (NSW).

In its reasoning, the court stated:

“peaceful protest is indispensable to the exercise of political sovereignty by the people of the Commonwealth”

and the laws imposed “substantial burden” to this right.

It rejected the government’s argument that the measures were necessary to preserve “social cohesion”, finding the scheme was disproportionate.

The system of government “does not permit the state … to impose such a sweeping and indiscriminate restriction on all public assemblies,” the court said.

The constitutional challenge was brought on behalf of Blak Caucus, Palestine Action Group and Jews Against the Occupation ’48.

‘A big win for everyone’
Josh Lees, a spokesperson for Palestine Action Group Sydney, said the ruling was “a big win for everyone who cares about the right to protest”.

“These laws were terrible. They were so wide-ranging, and that is what the court has found today, that they unfairly and disproportionately burdened our rights to political communication,” he said.

Lees said the laws had been used by NSW Premier Chris Minns to violently suppress protests against Israel’s genocide in Gaza and called for Minns to “take accountability” and resign.

The challenge came against the backdrop of heavily policed protests in early 2026, including the violent crackdown on the Sydney Town Hall protest against the visit of Israeli President Isaac Herzog.

Enabled police violence
Nick Hanna, solicitor for the plaintiffs, said the laws had enabled “the most violent crackdown … against protesters in decades”.

“Today’s decision makes clear that, in my view, it is inevitable that prosecutions of every single person who attended that protest will be unsuccessful, and they will be found not guilty if they proceed to hearing,” he said.

“The maintenance of these prosecutions is untenable, and it’s time for police to do the right thing and discontinue them.”

Hanna is currently representing a number of protesters who were arrested during the Herzog protest.

Chris Minns responsible
NSW Greens MP Sue Higginson said the ruling raised serious questions about police conduct during those protests.

“What we saw … was police brutality on a scale we have not seen for decades in this state,” she said.

“I hold Chris Minns responsible for that violence because it was his unconstitutional laws upon which the police acted.”

Higginson said the state could now face “tens of millions of dollars in civil liability claims” arising from the policing of protests under the invalid laws.

Article by AsiaPacificReport.nz

COMMENTARY: By Stuart Rees

The violence surrounding protests against the visit of Israel’s president was not an accident of crowd control. It reflects a deeper political failure – where authority suppresses dissent rather than confronting uncomfortable truths about Gaza, protest rights and democratic responsibility.

In official explanations of violence outside Sydney Town Hall on Monday evening, February  9, it sounds as though police were only trying to maintain public safety through various professional measures taken against the thousands outraged that President Isaac Herzog of Israel, charged with incitement to commit genocide, should be in the country.

Those explanations are false. Behind the extensive police powers to control and suppress protest lies a cancerous-like cowardice, facilitated by a cornered Prime Minister and by an Israeli sympathising, authoritarian NSW Premier.

Cowardice can be nurtured by pleasure in dominating, by fear of losing control, by being frightened to face truths, by deceits in pretending that all is well when it manifestly is not.

Restricting protests in order to stifle concern about slaughter in Gaza and the West Bank, or the PM asking the Australian public to “turn the temperature down” so that justifiable outrage about the Bondi massacres will deflect attention from an ongoing genocide in Palestine, is a cowardly technique.

And the PM is not the worst offender, even though government cowardice began when wedged by the Zionist Federation into supporting their invitation to the Israeli President.

Who runs the show you might ask?

Manhandling people
Suppression-oriented Premier Chris Minns delegates responsibility for his anti-protest laws to the chief of NSW police who is happy to oblige. In and out of uniform, cowards appear as strong men, usually men, who like to manhandle or beat up people.

There is no manliness in the police thuggery witnessed in Sydney streets on Monday.

Facile Premier Minns – or is he just naive – with no recognition of his own hypocrisy, says on Tuesday’s news “NSW police are not punching bags”. His holier than thou stance is shown alongside a man held down by police who are punching him repeatedly in the kidneys.

We then switch to the Prime Minister, Anthony Albanese, in Federal Parliament describing police action in general, “what the police were trying to do was sensible”.

As if thuggery on one man is insufficient, other police punch Greens MP Abigail Boyd in the head and shoulder, knock her over and are completely indifferent to her explanations of who she was and the civil and legal reasons for her presence at a legitimate, peaceful protest.

Cameras switch to police apparently unaware that their presence increases conflict, comprehending little, annoyed, then angry at the sight Moslem citizens in prayer on public pavements.

Then we witness no rationality, no civility, only the raw emotions of cowards not getting their way. The men kneeling in prayer are seen being picked up, removed and thrown aside. We’ll never know if deep-seated prejudice affected police conduct, but the question should be raised.

Opposition unity
On Tuesday, the mood of thuggery on the streets moved to the House of Representatives when a Greens MP Elizabeth Watson-Brown inquired of the Prime Minister whether the invitation to the President of Israel had undermined the unity of the country, whether the PM would condemn police violence and send Herzog home.

In response, before the Prime Minister could answer, the opposition benches found a unity which had eluded them for months.

United in their apparent support for Israeli slaughter in Gaza, wanting to be seen to be brave in their dislike of protest about Herzog, and apparently unable or unwilling to know much about genocide continuing during a ceasefire, one of the esteemed members of the newly reformed Coalition, was heard to advise colleagues as to how to deal with the Greens MP.

“Rip her apart,” he was reported as saying. It sounds as though this was exactly what he said. Asked by the Speaker to withdraw his comment, the offending MP did so.

But further support for cowardice camouflaged by thuggery was not far away. Keen to revive his image as macho man at large, former Prime Minister Tony Abbot recommended that police accused of punching protesters should receive a commendation and in future be armed with tear gas and be able fire rubber bullets.

Abbot would never regard himself as a coward but when denial of the existence of a genocide, a failure to face truths, is being multiplied by cowardice evident in acceptance of authoritarianism as the way to conduct politics, policing and even techniques for debate, there should be cross party and widespread public concern.

To meet the Prime Minister’s requests to lower the temperature, the country needs to replace the cowardice with sufficient courage to admit the truths about a genocide, the truths about the values of freedom of speech and the right to protest.

Cowardice may be disguised by violence but is demeaning.

Courage is a way to speak truths. Courageous action can be mentally and physically life enhancing, encourages justice, depicts what Bertolt Brecht called “the bread of the people” and in current Australian culture could infect almost everyone and lower the temperature. Try it.

Dr Stuart Rees AM is professor emeritus at the University of Sydney and recipient of the Jerusalem (Al Quds) Peace Prize. This article was first published in Pearls and Irritations: John Menadue’s Public Policy Journal and is republished with permission.

This article was first published on Café Pacific.

NSW Premier Chris Minns is sounding even more defensive after videos of NSW police violence towards peaceful protesters in Australia went viral — including attacks on Muslims praying in Sydney’s Town Hall Square after the rally on Monday.

His “primary concern”, he told ABC TV, was to prevent the gathered protesters opposing war criminal Israeli President Isaac Herzog’s visit from finding out that Herzog was in the city — around the corner, at the International Convention Centre at Darling Harbour.

“We can reveal this morning that we had 700 Jewish mourners in the city at the same time, and at the same location, and police had to keep them separate from protesters; if those police lines were breached, it would have been far, far worse,” Minns said.

The fact that Herzog was nearby was hardly a secret. Everyone knew, given the number of barricades and no-go zones that had been established over the previous few days.

We also knew Herzog was in Bondi and no public protest had been planned for that.

Minns’ comments were dishonest and cruel justifications for police violence.

Town Hall Square, the assembly point, was already starting to fill by 4.30pm, an hour before the protest was due to start. By 5.30pm, it was jam packed, including with many Jewish Australians and Arab Australians.

First Nations speakers
The programme included First Nations speakers, former Australian of the Year Grace Tame, NSW Greens Senator Mehreen Faruqi and Labor MP Sarah Kaine (who was heckled because of federal and state Labor governments’ support for genocidal Israel).

The speeches focused on Herzog, why we oppose closer relations with Israel and Minns’ draconian new anti-protest laws, which give police new powers.

The atmosphere at the beginning was peaceful — except for the 3000 police that surrounded Town Hall Square, including snipers, and stretched across CBD blocks.

The police “kettled” the rally — a tactic designed to intimidate and make it easier to unleash force. Without warning, they started to tear-gas people who were kettled — and therefore with no escape route.

Older and young people alike were crushed by the police kettling and pushing, leaving some in agony unable to breathe and others on the ground covered in blood.

Minns justified this approach, saying “most protesters had dispersed . . .  but a small number didn’t”.

That is not true.

Repeatedly tear-gassed
Hundreds, if not thousands, of people were trying to disperse when the tear-gas order was given. People were tear-gassed repeatedly, when they were already on the ground. I, along with hundreds of others, was gassed with no escape route to move away.

Minns has repeatedly implied that protesters wanted to wreak havoc with Jewish mourners — without a shred of evidence.

No speaker asked the large crowd to do this; at no stage was violence suggested.

Anti-Herzog protesters may not agree with those welcoming Herzog, but our protest was against war criminal Herzog, the genocidal state he represents and Minns’ anti-freedom of speech and assembly laws.

If Minns and PM Anthony Albanese truly had Jewish Australians in mind after the Bondi terrorist attack, they would know that Jews are not one homogenous whole in their political views on Israel.

Yet the governments decided to go with the Zionists’ demands to invite Herzog and align themselves to the genocidal state of Israel.

Among the 30,000 people who felt they had to come to this protest were anti-Zionist Jewish Australians, who say Minns and Albanese do not speak for them.

Set up to be ‘tinderbox’
Minns said the “circumstances were a tinderbox”. That’s only because he, calculatedly, set it up to be.

His actions provoked hate and division and further tore apart social cohesion. How else do you explain police attacking a group of Muslims praying? He would not stand for Jews or Christians being attacked in the same way.

Minns’ ridiculous appeal to look beyond the viral social media clips of police violence and “bind up the wounds” shows he has completely lost the plot.

Minns should resign. He is not fit for the job and needs to be held to account.

Pip Hinman is a long-time anti-war activist and member of the Socialist Alliance. This article was first published by Green-Left and is republished here with permission.

Article by AsiaPacificReport.nz

SPECIAL REPORT: By Wendy Bacon

Newcastle port, the world’s biggest coal port, was closed for four hours on Sunday when hundreds of Rising Tide protesters in kayaks refused to leave its shipping channel.

Over two days of protest at the Australian port, 170 protesters have been charged. Some others who entered the channel were arrested but released without charge. Hundreds more took to the water in support.

Thousands on the beach chanted, danced and created a huge human sign demanding “no new coal and gas” projects.

Rising Tide is campaigning for a 78 percent tax on fossil fuel profits to be used for a “just transition” for workers and communities, including in the Hunter Valley, where the Albanese government has approved three massive new coal mine extensions since 2022.

Protest size triples to 7000
The NSW Labor government made two court attempts to block the protest from going ahead. But the 10-day Rising Tide protest tripled in size from 2023 with 7000 people participating so far and more people arrested in civil disobedience actions than last year.

The “protestival” continued in Newcastle on Monday, and a new wave started in Canberra at the Australian Parliament yesterday with more than 20 arrests. Rising Tide staged an overnight occupation of the lawn outside Parliament House and a demonstration at which they demanded to meet with Prime Minister Anthony Albanese.

News of the “protestival” has spread around the world, with campaigners in Rotterdam in The Netherlands blocking a coal train in solidarity with this year’s Rising Tide protest.

Of those arrested, 138 have been charged under S214A of the NSW Crimes Act for disrupting a major facility, which carries up to two years in prison and $22,000 maximum fines. This section is part of the NSW government regime of “anti-protest” laws designed to deter movements such as Rising Tide.

The rest of the protesters have been charged under the Marine Safety Act which police used against 109 protesters arrested last year.

Even if found guilty, these people are likely to only receive minor penalties.Those arrested in 2023 mostly received small fines, good behaviour bonds and had no conviction recorded.

On Sunday I was arrested for blockading the world’s largest coal port, and now I am here in Canberra, to voice the anger of my generation.

I wrote to @AlboMP weeks ago inviting him to stand here today, on these lawns, and explain himself to the young people of Australia. pic.twitter.com/QgxjTApS92

— RisingTideAustralia (@RisingTideAus) November 27, 2024

Executive gives the bird to judiciary
The use of the Crimes Act will focus more attention on the anti-protest laws which the NSW government has been extending and strengthening in recent weeks. The NSW Supreme Court has already found the laws to be partly unconstitutional but despite huge opposition from civil society and human rights organisations, the NSW government has not reformed them.

Two protesters were targeted for special treatment: Naomi Hodgson, a key Rising Tide organiser, and Andrew George, who has previous protest convictions.

George was led into court in handcuffs on Monday morning but was released on bail on condition that he not return to the port area. Hodgson also has a record of peaceful protest. She is one of the Rising Tide leaders who have always stressed the importance of safe and peaceful action.

The police prosecutor argued that she should remain in custody. The magistrate released her with the extraordinary requirement that she report to police daily and not go nearer than 2 km from the port.

Planning for this year’s protest has been underway for 12 months, with groups forming in Brisbane, Adelaide, Melbourne, Canberra Sydney and the Northern Rivers, as well as Newcastle. There was an intensive programme of meetings and briefings of potential participants on the motivation for protesting, principles of civil disobedience and the experience of being arrested.

Those who attended last year recruited a whole new cohort of protesters.

Last year, the NSW police authorised a protest involved a 48-hour blockade which protesters extended by two hours. Earlier this year, a similar application was made by Rising Tide.

The first indication that the police would refuse to authorise a protest came earlier this month when the NSW police successfully applied to the NSW Supreme Court for the protest to be declared “an unauthorised protest.”

But Justice Desmond Fagan also made it clear that Rising Tide had a “responsible approach to on-water safety” and that he was not giving a direction that the protest should be terminated. Newcastle Council agreed that Rising Tide could camp at Horseshoe Bay.

People got the power! ✊ Eye witnesses say 24 protestors were arrested for protesting at parliament today, demanding the Albanese Government stop new coal. pic.twitter.com/ueNjHogzWZ

— RisingTideAustralia (@RisingTideAus) November 27, 2024

Minns’ bid to crush protest
The Minns government showed that its goal was to crush the protest altogether when the Minister for Transport Jo Haylen declared a blanket 97-hour exclusion zone making it unlawful to enter the Hunter River mouth and beaches under the Marine Safety Act last week.

On Friday, Rising Tide organiser and 2020 Newcastle Young Citizen of the year, Alexa Stuart took successful action in the Supreme Court to have the exclusion zone declared an invalid use of power.

An hour before the exclusion zone was due to come into effect at 5 pm, the Rising Tide flotilla had been launched off Horseshoe Bay. At 4 pm, Supreme Court Justice Sarah McNaughton quashed the exclusion zone notice, declaring that it was an invalid use of power under the Marine Safety Act because the object of the Act is to facilitate events, not to stop them from happening altogether.

When news of the judge’s decision reached the beach, a big cheer erupted. The drama-packed weekend was off to a good start.

Friday morning began with a First Nations welcome and speeches and a SchoolStrike4Climate protest. Kayakers held their position on the harbour with an overnight vigil on Friday night.

On Saturday, Midnight Oil front singer Peter Garrett, who served as Environment Minister in a previous Labor government, performed in support of Rising Tide protest. He expressed his concern about government overreach in policing protests, especially in the light of all the evidence of the impacts of climate change.

Ships continued to go through the channel, protected by the NSW police. When kayakers entered the channel while it was empty, nine were arrested.

84-year-old great-gran arrested, not charged
By late Saturday, three had been charged, and the other six were towed back to the beach. This included June Norman, an 84-year-old great-grandmother from Queensland, who entered the shipping channel at least six times over the weekend in peaceful acts of civil disobedience.

She told MWM that she felt a duty to act to protect her own grandchildren and all other children due to a failure by the Albanese and other governments to take action on climate change. The police repeatedly declined to charge her.   

On Sunday morning a decision was made for kayakers “to take the channel”. At about 10.15, a coal boat, turned away before entering the port.

Port closed, job done
Although the period of stoppage was shorter than last year, civil disobedience had now achieved what the authorised protest achieved last year. The port was officially closed and remained so for four hours.

By now, 60 people had been charged and far more police resources expended than in 2023, including hours of police helicopters and drones.

On Sunday afternoon, hundreds of kayakers again occupied the channel. A ship was due. Now in a massive display of force involving scores of police in black rubber zodiacs, police on jet skis, and a huge police launch, kayakers were either arrested or herded back from the channel.

When the channel was clear, a huge ship then came through the channel, signalling the reopening of the port.

On Monday night, ABC National News reported that protesters were within metres of the ship. MWM closely observed the events. When the ship began to move towards the harbour, all kayaks were inside the buoys marking the channel. Police occupied the area between the protesters and the ship. No kayaker moved forward.

A powerful visual message had been sent that the forces of the NSW state would be used to defend the interests of the big coal companies such as Whitehaven and Glencore rather than the NSW public.

By now police on horses were on the beach and watched as small squads of police marched through the crowd grabbing paddles. A little later this reporter was carrying a paddle through a car park well off the beach when a constable roughly seized it without warning from my hand.

When asked, Constable Pacey explained that I had breached the peace by being on water. I had not entered the water over the weekend.

Kids arrested too, in mass civil disobedience
Those charged included 14 people under 18. After being released, they marched chanting back into the camp. A 16-year-old Newcastle student, Niamh Cush, told a crowd of fellow protesters before her arrest that as a young person, she would rather not be arrested but that the betrayal of the Albanese government left her with no choice.

“I’m here to voice the anger of my generation. The Albanese government claims they’re taking climate change seriously but they are completely and utterly failing us by approving polluting new coal and gas mines. See you out on the water today to block the coal ships!”

Each of those who chose to get arrested has their own story. They include environmental scientists, engineers, TAFE teachers, students, nurses and doctors, hospitality and retail workers, designers and media workers, activists who have retired, unionists, a mediator and a coal miner.

They came from across Australia — more than 200 came from Adelaide alone — and from many different backgrounds.

Behind those arrested stand volunteer groups of legal observers, arrestee support, lawyers, community care workers and a media team. Beside them stand hundreds of other volunteers who have cleaned portaloos, prepared three meals a day, washed dishes, welcomed and registered participants, organised camping spots and acted as marshals at pedestrian crossings.

Each and every one of them is playing an essential role in this campaign of mass civil disobedience.

Many participants said this huge collaborative effort is what inspired them and gave them hope, as much as did the protest itself.

Threat to democracy
Today, the president of NSW Civil Liberties, Tim Roberts, said, “Paddling a kayak in the Port of Newcastle is not an offence, people do it every day safely without hundreds of police officers.

“A decision was made to protect the safe passage of the vessels over the protection of people exercising their democratic rights to protest.

“We are living in extraordinary times. Our democracy will not irrevocably be damaged in one fell swoop — it will be a slow bleed, a death by a thousand tranches of repressive legislation, and by thousands of arrests of people standing up in defence of their civil liberties.”

Australian Institute research shows that most Australians agree with the Council for Civil Liberties — with 71 percent polled, including a majority of all parties, believing that the right to protest should be enshrined in Federal legislation. It also included a majority across all ages and political parties.

It is hard to avoid the conclusion that it is a fear of accelerating mass civil disobedience in the face of a climate crisis that frightens both the Federal and State governments and the police.

As temperatures rise
Many of those protesting have already been directly affected by climbing temperatures in sweltering suburbs, raging bushfires and intense smoke, roaring floods and a loss of housing that has not been replaced, devastated forests, polluting coal mines and gas fields or rising seas in the Torres Strait in Northern Australia and Pacific Island countries.

Others have become profoundly concerned as they come to grips with climate science predictions and public health warnings.

In these circumstances, and as long as governments continue to enable the fossil fuel industry by approving more coal and gas projects that will add to the climate crisis, the number of people who decide they are morally obliged to take civil disobedience action will grow.

Rather than being impressed by politicians who cast them as disrupters, they will heed the call of Pacific leaders who this week declared the COP29 talks to be a “catastrophic failure” exposing their people to “escalating risks”.

Article by AsiaPacificReport.nz

NSW Premier Dominic Perrottet is pleased that a Sydney magistrate jailed protester Deanna “Violet” Coco on Friday. But he is out of step with international and Australian human rights and climate change groups and activists, who have quickly mobilised to show solidarity.

On Monday, protests were held in Sydney, Canberra and Perth calling for the release of Coco who blocked one lane of the Sydney Harbour Bridge for half an hour during a morning peak hour in April.

She climbed onto the roof of a truck holding a flare to draw attention to the global climate emergency and Australia’s lack of preparedness for bushfires. Three other members of the group Fireproof Australia, who have not been jailed, held a banner and glued themselves to the road.

Coco pleaded guilty to seven charges, including disrupting vehicles, possessing a flare distress signal in a public place and failing to comply with police direction.

Magistrate Allison Hawkins sentenced Coco to 15 months in prison, with a non-parole period of eight months and fined her $2500. Her lawyer Mark Davis has lodged an appeal which will be heard on March 2, 2023.

Unusually for a non-violent offender, Hawkins refused bail pending an appeal against the sentence. Davis, who will again apply for bail in the District Court next week, said refusal of bail pending appeal was “outrageous”.

Climate change protester sentenced to jail over Sydney Harbour Bridge protest. Video: News 24

‘People shouldn’t be jailed for peaceful protest’
In Sydney, about 100 protesters gathered outside NSW Parliament House and then marched to the Downing Centre. The crowd included members of climate action groups Extinction Rebellion, Knitting Nannas and Fireproof Australia but also others who, while they might not conduct a similar protest themselves, believe in the right of others to do so.

One of the protest organisers, Knitting Nanna Marie Flood, was unable to attend due to illness. Her message called for the release of Coco and an end to the criminalisation and intimidation of climate activists.

It was read by another Knitting Nanna, Eurydice Aroney:

“Nannas have been on Sydney streets protesting about gas and coal mines for about 8 years now. Over that time we’ve had lots of interactions with the Sydney Events police, and not a lot of trouble.

“You could say we are known to the police. We were amused and surprised at the recent climate emergency rally at town hall, when one of the police said to some Nannas that he thought we’d fallen in with the wrong crowd!

“Looks like we better clear some things up.”

“We ARE the crowd who knows that climate action is urgent and it starts with stopping new gas and coal. We know the importance of public protests to bringing about social and political change.

“We will stand up against any move to take away the democratic right to protest. What is happening to Violet Coco is a direct result of the actions of the NSW government with the support of the ALP opposition.”

The message ended with a call to all climate activists: “Now is the time to BE THE CROWD — we can’t afford to fall for attempts to divide the climate movement. We all want to save the climate, and to do that we need to protect democracy.”

The Knitting Nannas have launched a challenge to the validity of the protest laws through the Environmental Defenders’ Office.

Snap rally at NSW Parliament and a march to the courts at the Downing Centre where climate activist Violet Coco was sentenced to 15 months in prison last week.

We demand repeal of the draconian anti-protest laws, an end to new fossil fuel projects and serious climate action now! pic.twitter.com/F1Yxs8L0DG

— Padraic Gibson (@paddygibson) December 5, 2022

One of those attending the protest was Josh Pallas, president of NSW Council for Civil Liberties. Civil Liberties has been defending the right to protest in NSW for more than half a century.

In a media release, he said: “Peaceful protest should never result in jail time. It’s outrageous that the state wastes its resources seeking jail time and housing peaceful protesters in custody at the expense of taxpayers.

“Protesters from Fireproof Australia and other groups have engaged in peaceful protest in support of stronger action on climate change, a proposition that is widely supported by many Australians across the political divide and now finding themselves ending up in prison.

“Peaceful protest sometimes involves inconvenience to the public. But inconvenience is not a sufficient reason to prohibit it. It’s immoral and unjust.”

Deputy Lord Mayor and Greens Councillor Sylvie Ellsmore told the crowd that they had the support of the City of Sydney which recently passed a unanimous motion calling for the repeal of the NSW government’s draconian anti-protest laws.

“If you are a group of businesses in the City of Sydney and you want to close the street for a street party, this state government will give you $50,000. If you are a non-violent protester who cares about climate change and you are blocking one lane of traffic for 25 minutes, they will give you two years [in jail].

“We know these laws are designed to intimidate you… Thank you for being the front line in the fight. you are the ones to put your bodies on the line to protest about issues we all care about, ” she said.

Amnesty International support for democracy
Amnesty International spokesperson Veronica Koman emphasised how important it was to see the defence of democratic rights from a regional perspective. She said that Amnesty was concerned that severe repression of pro-independence activists in West Papua was spreading across to other parts of Indonesia.

She fears the same pattern of increasing repression taking hold in NSW.

Human Rights Watch researcher Sophie McNeil, who has won many awards for her journalism, was another person who was quick to respond.

“Outrageous. Climate activist who blocked traffic on Sydney Harbour Bridge jailed for at least eight months” she tweeted on Friday.

Since then she has followed the issue closely, criticising the ABC for failing to quote a human rights source in its coverage of the court case and speaking at a protest in Perth on Monday.

Today she posted this tweet with a short campaigning #FreeVioletCoco video that has already attracted nearly 13,000 views:

Authorities in #Australia are disproportionately punishing climate activists in violation of their basic rights to peaceful protest

Violet Coco has been sentenced to 15 months in prison

Her crime? A peaceful protest that lasted 25 minutes#FreeVioletCoco @hrw pic.twitter.com/5qhyCWs2fk

— Sophie McNeill (@Sophiemcneill) December 5, 2022

‘If you’re reading this, you’ll know I am in prison’
In jailing Coco, Magistrate Hawkins went out of her way to diminish and delegitimise her protest. She described it as a “childish stunt’ that let an “entire city suffer” through her “selfish emotional action”.

Coco has been involved with climate change protests for more than four years and has been arrested in several other protests. On one occasion, she set light to an empty pram outside Parliament House.

Rather than fight on technicalities, she chosen to plead guilty, knowing that if the magistrate was hostile, she could be taken into custody at the end of Friday’s hearing.

Several steps ahead of her critics, she made a video and wrote a long piece to be published if she went to prison.

The piece begins: ”If you are reading this, then I have been sentenced to prison for peaceful environmental protest. I do not want to break the law. But when regular political procedure has proven incapable of enacting justice, it falls to ordinary people taking a stand to bring about change.”

She describes how her understanding of the facts of climate science and the inadequacy of the current response led her to decide to give up her studies and devote herself to actions that would draw attention to the climate emergency.

“Liberal political philosopher John Rawls asserted that a healthy democracy must have room for this kind of action. Especially in the face of such a threat as billions of lives lost and possibly the collapse of our liveable planet.

“But make no mistake — I do not want to be protesting. Protest work is not fun — it’s stressful, resource-intensive, scary and the police are violent. They refuse to feed me, refused to give me toilet paper and have threatened me with sexual violence.

“I spent three days in the remand centre, which is a disgusting place full of sad people. I do not enjoy breaking the law. I wish that there was another way to address this issue with the gravitas that it deserves.”

She describes how she has already been forced to comply with onerous bail conditions:

“I was under 24 hour curfew conditions for 20 days in a small apartment with no garden. After 20 days effectively under house arrest, my curfew hours changed — at first I could leave the house for only 5 hours a day for the following 58 days, then 6 hours a day under house arrest for the following 68 days.

“This totalled 2017 hours imprisoned in my home for non-violent political engagement in the prevention of many deaths. Cumulatively, that is 84 days or 12 weeks of my freedom.”

Premier Perrottet says he does not object to protest so long as it does not interfere with “our way of life”.

If it does, individuals should have the “book thrown at them.”

His “way of life” is one in which commuters are never held up in traffic by a protest while endlessly sitting in traffic because of governments’ poor transport planning.

A way of life in which it is fine for governments to take years to house people whose lives are destroyed by fires and floods induced by climate change, to allow people to risk death from heat because they cannot afford air conditioners, open more coal and gas operations that will increase carbon emissions and turn a blind eye to millions of climate refugees in the Asia Pacific region.

It involves only protesting when you have permission and in tightly policed zones where passers-by ignore you.

Labor still backs anti-protest laws
Leader of the Opposition Chris Minns also says he has no regrets for supporting the laws which he says were necessary to stop multiple protests.

But laws don’t target multiple actions, they target individuals. He has not raised his voice to condemn police harassment of individual activists even before they protest and bail conditions that breach democratic rights to freedom of assembly.

There was no visible Labor presence at Sydney’s rally.

Perrottet and Minns may be making right wing shock jocks happy but they are out of line with international principles of human rights.

They also fail to acknowledge that many of Australia’s most famous protest movements around land rights, apartheid, Green Bans, womens’ rights, prison reform and environment often involved actions that would have led to arrest under current anti-protest laws.

They display an ignorance of traditions of civil disobedience. As UNSW Professor Luke Macnamara told SBS News: “[V]isibility and disruption have long been the hallmarks of effective protest.”

He believes disruption and protest need to go hand in hand in order to result in tangible change.

“There’s an inherent contradiction in governments telling protesters what are acceptable, passive, non-disruptive means of engaging in protests, when the evidence may well be that those methods have been attempted and have proven to be ineffective,” he said.

“It’s not realistic on the one hand to support the so-called ‘right to protest’, and on the other hand, expect the protest has no disruptive effects. The two go together.”

Wendy Bacon was previously a professor of journalism at the University of Technology Sydney and is an editorial board member of Pacific Journalism Review. She joined the protest. This article was first published by City Hub and is republished with the author’s permission.

Article by AsiaPacificReport.nz