On Thu, 10 Aug 2000 07:40:45 GMT jeremy dixon <[EMAIL PROTECTED]> wrote:
The following is from the anti-World Economic Forum mailing list, I thought
it might be of more general interest.
Don't know about the law in it, though, and I haven't had time to do the
research; although I should say that the Alternative Law Journal is well
respected here in Australia.
My reservation is that "Aid to the Civil Power" plans for the army to act
against civil unrest have been around, and been known to be around , for
quite a few years now. The Constitutional basis, apart from the section
mentioned below, would appear to be the so-called "Nationhood Power" thought
by High Court judges to be implied in the Australian Constitution; or the
reserve power currently conceptualised as lying in the Crown. The essence of
the reserve power is captured in Abraham Lincoln's remark on the folly of
saving the Constitution but losing the Union.
So there is no doubt in my mind that *at some point* of civil unrest it
would be found constitutional to use military force to quell it, with or
without a request from a State government. Where that point is would be the
interesting question, I recall there is US case-law on the subject which the
Australian High Court would no doubt consider.
And if it is worthwhile for the government to bring in such a bill as is
described below; no doubt it is worth our while to oppose it!
........the "GST" (Goods and Servives Tax) referred to below is a widely
unpopular federal consumption tax recently introduced in Australia.
-j
----Original Message Follows----
From: "Damien Lawson" <[EMAIL PROTECTED]>
Reply-To: [EMAIL PROTECTED]
To: <[EMAIL PROTECTED]>
CC: "Benjamin Doherty-Rosenzweig" <[EMAIL PROTECTED]>
Subject: [melb2000] Australian Military New Powers to supress dissent
Date: Fri, 4 Aug 2000 21:33:59 +1000
EMERGENCY ACTION ALERT
TROOPS IN THE STREETS?
AUSTRALIAN MILITARY TO GET SWEEPING NEW POWERS
With no media attention or public discussion the Howard Government is using
the Olympics to justify sweeping new powers allowing the military to
suppress domestic unrest in Australia.
The Defence Legislation Amendment (Aid to the Civilian Authorities) Bill
seeks to establish the legal and political basis for using troops to
suppress political disturbances, seriously undermining the centuries-old
principle that the armed forces should not be mobilised against the civilian
population.
The Bill was passed through the House of Representatives in one day (June
28) virtually unnoticed with the country in the grip of GST mania, and is
due to be voted on in the Senate by the end of August in time for the
Olympic Games.
Under the pretext of ensuring public safety during the Olympics, the
government and the Labor Opposition have combined to rush through the
legislation which will permanently and fundamentally change the military's
role.
The Bill authorises the Prime Minister, the Defence Minister and the
Attorney-General to advise the Governor-General (the Commander-in-Chief of
the armed forces under the Constitution) to call out military personnel to
deal with "domestic violence" that is considered a threat to the nation or
one of Australia's states or territories.
The words "domestic violence" do not refer to violence against family
members or in the home. It is a vague and undefined expression derived from
s.119 of the Constitution, which was intended to cover civilian disorder
that the state police forces prove incapable of putting down.
Today, the term "domestic violence" is widely interpreted to mean more than
just "terrorism" and can include strikes, political demonstrations or riots.
Already the term "terrorism" has been used by police and security forces to
encompass protests such as those planned for the World Economic Forum in
Melbourne in September. It is possible that "domestic violence" will be
interpreted to include protests at the Olympics or the WEF.
Section 119 of the Consititution provides that the federal government shall
protect each state against domestic violence, but only on the application of
the state's government. Section 51A of the Bill goes well beyond the
existing s. 51 of the Defence Act 1903 (Cth), which is based on s. 119 of
the Constitution. The new section will allow a military callout where the
three ministers are satisfied that domestic violence is occurring "or is
likely to occur" that will affect "Commonwealth interests" (also undefined),
regardless of whether there is a request by any state or territory
government.
Section 51B retains an existing proviso in s. 51 that a state government
cannot request reserve forces for use in an intervention to deal with an
industrial dispute, but no such restriction applies to the use of the armed
forces to protect Commonwealth interests. Nor is there a restriction on the
use of the permanent military when requested by a State. Section 51G will
prevent military personnel being utilised to "stop or restrict any lawful
protest or dissent" but that limitation is for all practical purposes
meaningless. Almost any political demonstration can be rendered "unlawful"
by refusal of official permission (such as NSW's new Olympic security
legislation).
Once deployed, the military forces will have wide-ranging powers under
Sections 51I to 51Y to seize premises, places and means of transport; detain
people; search premises; and seize things. If the three ministers declare a
"general security area" these powers will be expanded to provide for wider
searches, including personal searches; the erection of barriers; and the
stopping of means of transport. If a "designated area" is declared, the
powers will increase further to stop and control movement; and issue
directions to people.
The most disturbing measures, however, are those contained in Section 51T on
the use of "reasonable and necessary force". In essence, the section will
allow military personnel to shoot to kill. They will be permitted to cause
death or grievous bodily harm where they believe "on reasonable grounds"
that such action is necessary to protect the life of, or prevent serious
injury to, another person, including the military personnel.
Both the government and the Labor Party have claimed that the Bill merely
codifies the law that already exists. But the purpose of this section is to
shield military personnel from actions or prosecution for assault, false
imprisonment and homicide. As legal commentators have warned, without such
legal protection, soldiers could, for example, face murder charges if they
killed someone in the course of quelling a civil disturbance, even if they
were acting under superior orders.
In recent years, police killings of civilians have become commonplace in a
number of states, with the police authorities invariably claiming that the
killings were required for self-defence. The Bill will see the same power
extended to troops, armed with even more deadly weapons, operating under
conditions of serious domestic unrest.
There are significant questions about the constitutionality of aspects of
the legislation, more importantly, however, the bill will be a further
increase in the para-militarisation of policing in Australia and a
significant further step by the military into domestic politics.
In 1978 the Fraser Government used the pretext of the Hilton Bombing and
counter-terrorism in constructing a new national security apparatus based on
extensive intelligence-military-police cooperation. Now the Olympics are
being used as justification for further strengthening of this apparatus and
its grip on civil society. Already the Olympics have been the pretext for
increased funding and resources for the military special forces, sweeping
new phone tapping powers for ASIO and unprecedented powers for police and
security in NSW, this bill if passed will be another significant erosion of
our civil liberties.
(Sections of this leaflet are abridged from a forthcoming article by Michael
Head in the August edition of the Alternative Law Journal).
Act Now
Write, Ring, Fax or Email
John Howard, Parliament House, Canberra, ACT, 2066
Tel: 02 6277 7700, Fax: 02 6273 4100
Kim Beazley, Parliament House, Canberra, ACT 2066
Tel: 02 6277 4022, Fax: 02 6277 8495
Email: [EMAIL PROTECTED]
Meg Lees, Senate, Parliament House, Canberra, ACT 2066
Tel: 02 6277 3991, Fax: 02 6277 3996
Email: [EMAIL PROTECTED]
Call media contacts, ring talk back and make a noise about this fundamental
threat to our civil liberties.
For more information: Damien Lawson Tel: 0418 140 387
damienlawson.vtown.com.au
*** NOTICE: In accordance with Title 17 U.S.C. Section 107, this material is
distributed without profit to those who have expressed a prior interest in receiving
the included information for research and educational purposes. Feel free to
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~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
The end is in the means as the tree is in the seed.
- Mahatma Ghandi
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Abraham Lincoln, letter to Wm. F. Elkins Nov. 21 1864
Arthur Shaw ed. The Lincoln Encyclopedia 40 {1950}
"We may congratulate ourselves that this cruel war is nearing
it's end. It has cost a vast amount of treasure and
blood.........It has indeed been a trying hour for the
Republic, but I see in the near future a crisis approaching
that unnerves me and causes me to tremble for the safety
of my country. As a result of the war, corporations have been
enthroned and an era of corruption in high places will
follow, and the money power of the country will endeavor to
prolong it's reign by working on the prejudices of the
people until all wealth is aggregated in a few hands and the
Republic is destroyed. I feel at this moment more anxiety
for the safety of my country than ever before, even in the
midst of war."
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