This page summarizes cases raised with Australia by the Special Rapporteur between May 1, 2011, (when the Special Rapporteur took up his functions) and February 28, 2017 (the date of the last public release of communications). Communications are released to the public once per year. This page also contains observations on these communications and on responses received from Australia. Communications and observations are divided into sections based upon which observation report they originally appeared. Each communication is referenced as urgent appeal (UA), allegation letter (AL), joint urgent appeal (JUA) and joint allegation letter (JAL) – the hyperlinks lead to these documents. This is followed by the date the communication was issued, as well as the case number and the State reply (also hyperlinked if available). Summaries and communications are published only in the language of submission (in the case of Australia, English). First Report (May 1, 2011 to March 15, 2012) None Second Report (March 16, 2012 to February 28, 2013) None Third Report (March 1, 2013 to February 28, 2014) None Fourth Report (March 1, 2014 to February 28, 2015) Joint allegation letter, 04/09/2014. Case no: AUS 3/2014. State reply: 23/12/2014; 05/11/2014 (response extension request). Alleged undue restrictions... Continue reading →
Issue No. 19 of the Assembly and Association Briefing, the newsletter of Maina Kiai, UN Special Rapporteur on the rights to freedom of peaceful assembly and of association. In this issue: • UN rapporteurs provide a roadmap to avoid human rights violations during protests • Human rights defender Berta Cáceres murdered in Honduras; Gustavo Castro Soto remains at risk • UN experts urge Western Australia not to pass anti-protest law • #FOAAat50: Celebrating 50 years of human rights through art and social media • Follow-up visit to the United Kingdom in April 2016 • Next UN General Assembly report to focus on labor issues • Freedom of association and assembly: By the numbers • Special Rapporteur news in brief: February – March 2016 • World briefing: Freedom of assembly and association in the news For a link to the newsletter, click on the image at right or click here (1.9MB file) or here (5.9MB full resolution file). To subscribe to our newsletter, please drop us a line at info@freeassembly.net with the subject line “subscribe to newsletter.” For other recent newsletters, see the links below: The Assembly and Association Briefing, Vol. 2, No. 7 (Issue 16) (Oct. 2015) The Assembly and Association Briefing, Vol. 2, No. 8 (Issue 17) (Nov.-Dec.... Continue reading →
GENEVA – Three United Nations human rights experts have urged the State Parliament of Western Australia not to adopt new legislation which would result in criminalising lawful protests and silencing environmentalists and human rights defenders. Members of the regional parliament have indicated that the Bill aims at preventing protestors from locking themselves onto equipment, trees, and other objects with innovative methods in order to frustrate or delay development sites. The anti-protest Bill is scheduled to be debated on Tuesday 16 February. “If the Bill passes, it would go against Australia’s international obligations under international human rights law, including the rights to freedom of opinion and expression as well as peaceful assembly and association,” said the UN Special Rapporteurs on freedom of expression, David Kaye, on freedoms of peaceful assembly and association, Maina Kiai, and on human rights defenders, Michel Forst. “The Bill would criminalise a wide range of legitimate conduct by creating criminal offenses for the acts of physically preventing a lawful activity and possessing an object for the purpose of preventing a lawful activity,” they explained. “For example, peaceful civil disobedience and any non-violent direct action could be characterized as ‘physically... Continue reading →
Issue No. 11 of the Assembly and Association Briefing, the newsletter of Maina Kiai, UN Special Rapporteur on the rights to freedom of peaceful assembly and of association. In this issue: • Special Rapporteur in Geneva to launch ‘landmark’ freedom of association guidelines on sidelines of HRC session • ‘Two legal reform projects undermine the rights of assembly and expression in Spain’ – UN experts • Mass death sentences in Egypt a profound disgrace, UN human rights experts say • UN rights experts urge release of Bahrain opposition politician • Australia: Special Rapporteur welcomes moves to repeal restrictive laws on protest • Steering the final two years of Kiai’s UNSR mandate • Freedom of association and assembly: By the numbers • Special rapporteur news in brief: February-March 2015 • A call to submit cases in the UNSR’s litigation project • World briefing: Freedom of assembly and association in the news For a link to the newsletter, click on the image at right or click here (1.4MB file) or here (5MB full resolution file). To subscribe to our newsletter, please drop us a line at info@freeassembly.net with the subject line “subscribe to newsletter.” For other recent newsletters, see the links below: The Assembly and Association Briefing, Vol. 1,... Continue reading →
GENEVA – United Nations Special Rapporteur Maina Kiai today welcomed the introduction of a bill by the Victoria State’s government in Australia into the lower house of the Parliament to repeal restrictive laws regulating protests. “In my previous thematic reports, I identified a series of best practices that provide valuable advice for compliance of State authorities with international law,” the expert stated. “Authorities not only have the duty to protect public safety and order as well as the rights and freedoms of others, but also the obligation to facilitate the holding of peaceful assemblies”, Mr. Kiai stressed. “Public space must be made available for individuals and groups in order for them to exercise their fundamental freedoms.” In that regard, the Special Rapporteur welcomed the government of Victoria’s intention to revoke the state’s 2014 controversial ‘move-on laws,’ which grant police extensive powers to move protesters who might be obstructing buildings or traffic or ‘causing people to have a reasonable fear of violence.’ The 2014 law, which expanded Victoria’s original Summary Offenses Act, allows authorities to impose harsh penalties on offenders, including arrest, fines, and exclusion orders banning individuals from entering specified public spaces... Continue reading →
Issue No. 7 of the Assembly and Association Briefing, the newsletter of Maina Kiai, UN Special Rapporteur on the rights to freedom of peaceful assembly and of association. In this issue: • Kiai makes official visit to Oman; says it’s time for sultanate to build on economic development and fully embrace human rights • UN experts urge Bahrain to release human rights defender Maryam Al-Khawaja • Iran: Kiai condemns the recent wave of arrest and sentencing of civil society actors • UN experts urge Tasmania to drop bill that would limit protests against businesses • Kiai and others call on the government of Azerbaijan to stop persecution of rights activists • UNSR makes follow-up visit to Rwanda • Freedom of association and assembly: By the numbers • Special rapporteur news in brief: July-September 2014 • World briefing: Freedom of assembly and association in the news For a link to the newsletter, click on the image at right or click here (3.1MB file) or here (9.5MB full resolution file). To subscribe to our newsletter, please drop us a line at info@freeassembly.net with the subject line “subscribe to newsletter.” For other recent newsletters, see the links below: The Assembly and Association Briefing, Vol. 1, Issue 4 (May 2014) The Assembly and Association Briefing,... Continue reading →
GENEVA - Three UN human rights experts, including Maina Kiai, have urged the State Parliament of Tasmania in Australia to refrain from adopting legislation against protests that disrupt businesses. The proposed bill, the experts say, could silence legitimate and lawful protests, is disproportionate, and targets specific issues such as the environment. “If passed, the law would almost certainly run afoul of Australia’s human rights obligations, which Tasmania is also obliged to uphold. State governments in Australia need to ensure the legislation they adopt is in line with the country’s international obligations under international human rights law,” they said. The Tasmanian Government argues the law is necessary to prevent businesses being disrupted by protesters, especially as Tasmania has been the focus of debate and demonstrations on environmental concerns. The bill, which is now before Tasmania’s Upper House, prohibits protests, whether on private or public property, that hinder access to business premises or disrupt business operations. It imposes mandatory penalties, including fines up to 100,000 Australian dollars (US$ 93,000) for organisations and up to 10,000 Australian dollars (US $9,300) for individuals. Repeat offenders face a mandatory minimum prison sentence of three... Continue reading →
