Anti-terrorism bill undermines civil liberties

By Diane Hague

The Federal Government is determined to push through the Parliament a two-pronged attack on the civil liberties and human rights of all Australians. There is the infamous WorkChoices legislation designed to undermine the working conditions of all Australians. But more insidious still is the anti-terrorism legislation designed to strip away many of the civil liberties Australians have taken for granted in a democratic state.

The Government has stated its determination to rush the bill through Parliament and declare it law as soon as possible. The Government hopes to declare it law by Christmas. This determination is in the face of opposition from some of the eminent legal and political minds in Australia including two retired Chief Justices of the High Court. The Australian Law Council and the Council for Civil Liberties have also strongly opposed the legislation.

Why are they opposed? It is because of the particularly draconian preventative detention and control orders proposed in the Bill. There is no doubt that the preventative detention of people who have not committed any offence is a serious encroachment upon fundamental human rights, including the right to liberty and the presumption of innocence, both of which are principles of Australian law and international human rights law. There has been some concession on judicial review of the orders including the right of detainees to know the reasons for their detention and the right to challenge the lawfulness of that detention before a court.

Control orders also impose significant restrictions on the liberty of the person who is subject to the orders and could in extreme cases amount to a form of home detention. They have the capacity to affect a range of internationally guaranteed human rights and freedoms including the right to be free from arbitrary detention; the right to privacy and respect for human life; freedom of association; freedom of expression; freedom of movement; the right to work; freedom of religion; the right to health and the right to a fair and public hearing (these rights come from the International Covenants on Civil and Political Rights and Economic, Social and Cultural Rights that Australia is a signatory to).

Of particular concern to teachers is that preventative detention orders could be made in respect of children from 16 years. Not to mention that if we, as teachers and members of a union, speak out and organise about issues of social justice, including, for example our opposition to Australia's involvement in the war in Iraq, are we potential terrorists who could be detained without committing any offence?

Terrorism is an evil that all of us have to deal with now. But it should not be allowed to be the excuse for such an erosion of the human rights and civil liberties that Australians have enjoyed for decades.

Diane Hague is the Administration Officer (Media and Communications).

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