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Independent human rights observers from Melbourne Activist Legal Support (MALS) will be present during the series of protests in response to the 2024 Land Forces Defence Exposition next week. MALS Legal Observer Teams will be on site to document actions of Victoria Police that impact on protesters’ human rights as well as any actions that may constitute unlawful use of force.
Legal observers will be scrutinising any misuse of Special Powers that have been granted to police under the Terrorism (Community Safety) Act 2013.
“Anti-terror or designated area powers should not be used to deter, repress, or control protests or assemblies” said MALS spokesperson, Anthony Kelly. MALS has written to Victoria Police to remind them of their legal obligations when interacting with protesters as well as to alert them to the presence of legal observer teams during the week of protests. “Victoria Police have an obligation to act compatibly with human rights and to consider human rights in all their decisions, including the rights to peaceful assembly and freedom of expression.” said MALS in a letter sent to Victoria Police senior commanders last week. “The size, nature, or political context of a protest does not change the obligations of police to act lawfully” said Mr Kelly. In July 2024, United Nations Human Rights Council called upon all States “to pay particular attention to the safety and protection of those observing, monitoring and recording protests, including human rights defenders, lawyers, journalists and other media workers, taking into account their specific role, exposure and vulnerability.” [1] “It’s important that Victoria Police understand and respect the role of legal observers” said Logan Doody,, one of the volunteer observers who will be present next week. “Victoria Police has an obligation to permit legal observers fulfill their role without obstruction,” said Logan, “We document issues and provide accurate reports to a range of legal, human rights and oversight bodies.”
Official urged to refrain for stigmatizing rhetoric Legal observers are also calling upon Ministers, MPs and public officials to refrain from using stigmatising or hostile rhetoric regarding the protest. “Demonising protestors undermines the rights to assembly” said Mr Kelly, “Preemptive commentary about these protests has already heightened tensions unnecessarily and prepared a narrative for police to use violence with impunity.” MALS urges public officials not to pre-judge police or protestor behaviour, and instead, wait for the objective and independent analysis by the legal observer teams.
“Politicians jumping to immediate conclusions about a protest can demonstrate bias, rather than accurate commentary. It often undermines efforts to ensure there is accountability for police misconduct” said Mr Kelly. MALS has been monitoring public order policing for over 13 years and with a network of solicitors, barristers and human rights advocates has extensive experience in analysing policing and human rights.
For more information, quotes please contact: MALS spokesperson: Anthony Kelly 0407 815 333, [email protected]
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