File spoon-archives/aut-op-sy.archive/aut-op-sy_2001/aut-op-sy.0110, message 118


From: "Margaret" <margaret-AT-rie.net.au>
Subject: AUT: NEW Australian Security Intelligence Organisation POWERS THREATEN DEMOCRATIC RIGHTS
Date: Sun, 7 Oct 2001 09:46:03 +1000


Apologies for any cross posting seems like little Johny Howard's mates want
to goose-step across the land.
Don't be silent now as you will not be "allowed" to be silent later.

From: "JUSTICE ACTION" <JA-AT-justiceaction.org.au>
Sent: Saturday, October 06, 2001 3:51 PM
Subject: NEW ASIO POWERS THREATEN DEMOCRATIC RIGHTS


Please sign the statement below and circulate widely:
URGENT ACTION ALERT
NEW ASIO POWERS THREATEN DEMOCRATIC RIGHTS

* 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.

In the understandable fear generated since the September 11 attacks and with
the climate of war, fundamental civil liberties are under threat.

The Federal Government, backed by Labor, has announced substantial new
powers for Australia's spy agency ASIO and is proposing anti-terrorism laws
that could violate basic rights and freedoms.

While the precise proposals remain sketchy. The Prime Minister has said ASIO
will be able to arrest and hold people for questioning for 48 hours after
obtaining a warrant from a Federal Magistrate. Even more concerning is the
Attorney General's statement that people arrested could face up to five
years in jail for refusing to answer questions, removing people's right to
silence.

Following the election, legislation will be introduced based on the UK
Terrorism Act 2000. This act allows the government to ban organisations and
makes it an offence to be a member, attend a meeting, provide any support,
indeed even wear t-shirt with the organisation's symbol. As one critic has
said, support for Nelson Mandela's ANC would have been banned if these laws
had been in place during the time of the anti-apartheid movement. In
Australia, support for the East Timorese's independence movement could have
been banned. But the laws scope is not just restricted to solidarity with
overseas independence groups. The definition of terrorism is so broad that
many community organisations involved in organising public protest or
dissent cold be included.

If Australia adopts the European model, the scope could be even wider. The
European Parliament is currently discussing new laws which would define
terrorism as any offences which "aim to seriously prejudice the political,
economic or social structures of a country." Such a definition might include
anyone arrested at protest about the environment, corporate globalisation,
native title, or asylum seekers.

The existing criminal law is adequate to address any offences which fall
within any common sense definition of terrorism. Murder, serious injury,
aiding and abetting or conspiracy are all charges available to police, with
serious penalties attached.

The danger of these proposals is that many of the protections and principals
of the criminal law will be done away with broad powers placed in the hands
of an unaccountable and secret police. The need for security should not come
at the price of those democratic rights that have been won through centuries
of struggle.

ACT NOW
* circulate this information and tell your family, friends and workmates
about these dangerous proposals
* write to politicians informing them of your concerns and opposition to the
proposals (some addresses below)
* sign the statement below and return to clewsls-AT-vicnet.net.au
* contact clewsls-AT-vicnet.net.au or on the numbers below for more information
about what you can do
--
NEW ASIO POWERS THREATEN DEMOCRATIC RIGHTS

We the undersigned, express our opposition to the proposed new powers for
ASIO and anti-terrorism laws that violate fundamental rights and freedoms.
We do not support new powers for an unaccountable and secret police. We do
not accept any proposal that would remove an accused person's right to
silence.
We are concerned by suggestions that Australia should adopt laws based on
the Terrorism Act 2000 in the UK. Such laws would violate the rights of
freedom of expression, assembly and association.
We believe that the existing criminal law and criminal justice processes
should be followed in pursuing those who commit acts of terrorism.
We must recognise that the price of security should not come at the cost of
basic rights and freedoms.
[Name]
[Organisation (for ID purposes only]
[Contact Details]

Return to clewsls-AT-vicnet.net.au
--
WRITE, RING, FAX
Prime Minister John Howard
Tel: 02 6277 7080
Fax: 02 6273 4100

Kim Beazley
Tel: 02 6277 4022
Fax: 02 6277 8495
Email: Kim.Beazley.MP-AT-aph.gov.au

Natasha Stott Despoja
Tel: 02 6277 3645
Fax: 08 6277 3235
Email: Senator.Stott.Despoja-AT-democrats.org.au

All mail can be addressed to: Parliament House, Canberra ACT 2600

Damien Lawson
Western Suburbs Legal Service Inc.
30 Hall St, Newport 3015 VIC
03 9391 2244 (Tel)
03 9399 1686 (Fax)
0418 140 387 (Mobile)
clewsls-AT-vicnet.net.au
www.vicnet.net.au/~wsls


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