Contents:
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of Amnesty International concerns with proposed legislation
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amnesty international australia
PUBLIC
AI Index: RRA 05/02
Australia: Concerns Regarding
Security Legislation
February 11, 2002
Amnesty International has concerns regarding the proposed “security legislation” to be introduced shortly into the Australian parliament.
In the wake of the attacks of 11 September 2001 in the United States, the Australian government indicated that it will pass “security legislation” based on the UK Terrorism Act 2000 and Anti-Crime and Security Act 2001. Among other things, the proposed legislation will give ASIO the power to arrest and detain people without legal representation, removes the right to silence and the privilege against self-incrimination, makes it an offence punishable by up to 5 years imprisonment to fail to answer questions, and creates a new offence of “terrorism”, under which terrorism is defined broadly.
Amnesty International (AI) is concerned:
· about the lack of consultation and public debate concerning the proposed legislation, particularly as most of the provisions of this complex Bill may be permanent, and the temporary provisions will result in the deprivation of a person’s liberty without charge or trial and without access to a lawyer.
· that some of the measures in the proposed legislation, if implemented, may contravene internationally recognised human rights standards— including the rights to liberty, fair trial and freedom of association— and facilitate the violation of individuals’ human rights.
· that under the proposed legislation, asylum-seekers, who have been labelled as ‘suspected international terrorists’, will be denied an individual assessment on the merits of their claim. AI believes no one should be forcibly removed without their individual need for protection assessed in a full and satisfactory procedure.
· Immediately send letters/faxes/emails to key Ministers and Senators as listed below. Immediate action is critical to block this Bill.
· Please send letters/faxes/email to your local Members of Parliament. A standard letter for you to fax and email is appended.
Please raise the following concerns:
· That there has been a lack of consultation and public discussion of the proposed legislation.
· That some of the measures in the newly proposed legislation, if implemented, may contravene internationally recognised human rights standards—including the rights to liberty, fair trial and freedom of association—and facilitate the violation of individuals’ human rights. It is the obligation of the government to ensure the protection of human rights of all people in their jurisdiction.
· That the system of detention proposed for the legislation will establish an informal criminal justice system without the safeguards of the formal system. Anyone deemed to be a threat to national security or a “suspected international terrorists” could be imprisoned indefinitely on the basis of information inadmissible as evidence in a trial, and on a significantly lower standard of proof.
· That anyone who is detained should be either promptly charged with recognisable criminal offences and tried within a reasonable period in proceedings that comply fully with international fair trial standards; or deported within a reasonable period to another country where there is no risk of being subjected to the imposition of the death penalty, torture or other cruel, inhuman or degrading treatment or punishment, or other serious human rights abuses, and to an unfair trial.
Appeals to:
Prime Minister
The Hon John Howard, MP
Prime Minister
House of Representatives
Parliament House
Canberra ACT 2600
Fax no. (02) 6273 4100
Salutation: Dear Prime Minister
Leader of the National
Party
The Hon John Anderson, MP
Deputy Prime Minister
House of Representatives
Parliament House
Canberra ACT 2600
Fax no: (02) 6273 4126
Email: John.Anderson.MP@aph.gov.au
Salutation: Dear Deputy
Prime Minister
Attorney-General
The Hon Daryl Williams,
MP
Attorney-General
House of Representatives
Parliament House
Canberra ACT 2600
Fax no: (02) 6273 4102
Email: Daryl.Williams.MP@aph.gov.au
Salutation: Dear Attorney-General
Leader of the Opposition
The Hon Simon Crean, MP
Leader of the Opposition
House of Representatives
Parliament House
Canberra ACT 2600
Fax no: (02) 6277 2307
Email: S.Crean.MP@aph.gov.au
Salutation: Dear Mr Crean
Leader of the Democrats
Senator Natasha Stott Despoja
Leader of the Democrats
The Senate
Parliament House
Canberra ACT 2600
Fax no: (02) 6277 3235
Email: Senator.Stott.Despoja@democrats.org.au
Salutation: Dear Senator
Despoja
Please send letters/faxes/emails to your local Member of Parliament. Details for your local member and State senators are available online at http://www.aph.gov.au
Please send appeals immediately.
Contact the Section Office on 1300 303 374 is sending appeals after March 1st 2002.
[insert name]
[insert position]
Parliament HouseCanberra
ACT 2600
Dear [insert name]
I am writing to you concerning the preparation of the Australian counter-terrorism legislation as outlined by the Attorney General Daryl Williams following the Cabinet decision of 2 October 2001.
In light of the shocking criminal acts which took place on 11 September 2001 in the United States of America, it is prudent that States should ensure that their citizens are protected from similar criminal acts. However, care should be taken to ensure that measures taken to protect national security do not infringe fundamental human rights.
I am concerned that the definition of “terrorism” adopted in a number of countries is broad, excessively vague and capable of criminalising activities unrelated to political violence. Such legislation may infringe the right to freedom of expression, freedom of association, and internationally recognised standards regarding clarity and certainty in criminal law.
The Attorney General indicated in his 18 December 2001 press release that the definition of “terrorist activity” in Australia’s anti- terrorism legislation would include “an act committed for a political, religious of ideological purpose, designed to intimidate the public with regard to its security and intended to cause serious damage to persons, property or infrastructure.” Amnesty International is concerned that this definition is too broad and lacking in clarity. I urge that the government demonstrate that existing criminal laws are inadequate to prosecute people who commit such crimes before proceeding with the new counter-terrorism legislation.
I also note the Attorney General’s statement on 2 October 2001 that the Australian legislation would be largely modelled on the UK Terrorism Act 2000. Amnesty International has been gravely concerned about this legislation and its predecessors for many years and has documented numerous serious human rights abuses facilitated by this legislation, including torture, cruel inhumane or degrading treatment and unfair trials.
I urge the Federal Government to ensure that any bill relating to the proposed counter-terrorism measures be given sufficient time to allow for proper parliamentary and public scrutiny.
People who commit heinous crimes and grave human rights abuses must be brought to justice. However, as the UN Commission on Human Rights has affirmed, “all measures to counter terrorism must be in strict conformity with international law, including international human rights standards.” I seek your confirmation that you agree with this statement and will take steps to ensure that the human rights of all people in Australia are protected.
Yours Sincerely
If anyone is seeking more information about security legislation then the Rights at Risk document is a very good public reference, and I can send this onto anyone electronically if needed.
Kathy Richards, Coordinator,
Amnesty International Australia Campaign Services
Ph: + 61 2 9217 7642 Fax:
+ 61 2 9217 7677
Amnesty International Australia
Locked Bag 23 Broadway NSW 2007
email: krichards@amnesty.org.au
Amnesty
International Updated Aug 13
AI is a worldwide campaigning movement
that works to promote all the human rights enshrined in the Universal
Declaration of Human Rights and other international standards. AI campaigns
to free all prisoners of conscience; ensure fair and prompt trials for
political prisoners; abolish the death penalty, torture and other cruel
treatment of prisoners; end political killings and "disappearances"; and
oppose human rights abuses by opposition groups. AI has around a million
members and supporters in 162 countries. Activities include public demonstrations,
letter-writing, human rights education, concerts, individual appeals and
global campaigns on a particular issue.
Email: hello@amnesty.org.au
Homepages: http://www.amnesty.org.au/
| http://www.amnesty.org
Indonesia Web-page: http://web.amnesty.org/web/ar2001.nsf/webasacountries/INDONESIA?OpenDocument
ETimor Web-page: http://web.amnesty.org/ai.nsf/Index/ASA570012001
See also:
Until
Feb 22 WSLS/LV: New Terrorist Laws Threaten Democratic Rights
Urgent Actions & Briefing Paper updated
Feb 1, 2002
"New Laws: * ASIO to get powers
of arrest and detention for up to 48 hours * The removal of the right to
silence when under questioning * The creation of terrorist offences and
related legislation violating the rights to freedom of expression, assembly
and association * Removal of privacy rights and increased powers for government
to seize organisation's assets * Denial of the right to legal representation
... In Australia ... Federal Cabinet has announced some extraordinary proposals
and over the coming months proposed legislation will be made public. The
legislation is likely to be considered in February so it is important for
civil society to act now and influence the debate over what are acceptable
changes, if any, to our democratic and civil rights. ... In Australia,
support for the East Timorese's independence movement
could have been banned." Damien Lawson, Western Suburbs Legal Service,
Melbourne & Anne O'Rourke, Liberty Victoria (Australia)