Wednesday, 28 August 2024

 Katherine COPSEY (Southern Metropolitan) (18:10): (1091) My adjournment this evening is for the Minister for Police to ensure that Victoria Police adhere to their obligations under the Victorian charter of human rights when policing protests expected at the Land Forces expo being held in Melbourne from 11 to 13 September 2024. Let us call the Land Forces expo for what it is: an arms fair – a massive event selling weapons. The protesters expected to attend are part of a centuries-long tradition calling for peace and disarmament – calling for governments to stop the trade in weapons and in doing so not facilitate the trade in human death and suffering that is caused by those weapons. We know that this is a large event selling weapons, we know that there is going to be a large protest outside this event and we know that Victoria Police will be the ones policing this event and policing the protesters, so it is timely to consider the obligations of those doing the policing.

Police services must respect and protect the right to protest for all without discrimination. They must not use indiscriminate policing tactics like mass arrests or use of pepper spray except when strictly necessary and proportionate. Police officers are obliged to de-escalate all situations that might result in violence and exhaust all nonviolent means, including giving prior warning before resorting to the use of force. Any use of force by police must comply with fundamental obligations: it must be legal, necessary and proportionate; use precautions; be non-discriminatory; and be the minimum force required to achieve a legitimate purpose. Use of force includes the use of weapons like OC or pepper spray, and an officer must be accountable for each use of force. Uniformed police officers should always display easily recognisable identification.

Importantly, it is a time for us to all recognise in this place that civil disruption is not violence. International human rights law protects disruptive protests provided they remain peaceful, and temporary disruption should not be used as an excuse to deny protection to protesters. Simply blocking or disrupting traffic or pedestrians does not amount to violence at law. Police must treat measures like street closures or redirecting traffic as necessary tools to protect people participating in protests and not use it as an excuse to limit or disperse a peaceful protest. This includes an obligation to protect protesters that use peaceful collective disobedience and peaceful direct action tactics.

The action I seek is for the Minister for Police to uphold our community’s charter rights by ensuring that Victoria Police facilitate citizens’ rights to protest, peaceful assembly, association and expression.