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Amnesty International has concerns regarding the proposed "security legislation" to be introduced shortly into the Australian parliament.

In the wake of the attacks of 11 September 2001 in the United States, the Australian government indicated that it will pass "security legislation" based on the UK Terrorism Act 2000 and Anti-Crime and Security Act 2001. Among other things, the proposed legislation will give ASIO the power to arrest and detain people without legal representation, removes the right to silence and the privilege against self-incrimination, makes it an offence punishable by up to five years imprisonment to fail to answer questions, and creates a new offence of ‘terrorism’ under which terrorism is defined broadly.

Amnesty International (AI) is concerned:

* About the lack of consultation and public debate concerning the proposed legislation, particularly as most of the provisions of this complex Bill may be permanent, and the temporary provisions will result in the deprivation of a person’s liberty without charge or trial and without access to a lawyer.

* That some of the measures in the proposed legislation, if implemented, may contravene internationally recognised human rights standards – including the rights to liberty, fair trial and freedom of association – and facilitate the violation of individuals’ human rights.

* That under the proposed legislation, asylum-seekers, who have been labelled as ‘suspected international terrorists’, will be denied an individual assessment on the merits of their claim. AI believes no one should be forcibly removed without their individual need for protection assessed in a full and satisfactory procedure.

Recommended Actions.

* Immediately send letters/faxes/emails to key Ministers and Senators as listed below. Immediate action is critical to block this Bill.

* Please send letters/faxes/email to you local Members of Parliament.
(details for your local member and State senators are available at www.aph.gov.au)

Please raise the following concerns:

* That there has been a lack of consultation and public discussion of the proposed legislation.

* That some of the measures in the newly proposed legislation, if implemented, may contravene internationally recognised human rights standards – including the rights to liberty, fair trial and freedom of association – and facilitate the violation of individuals’ human rights. It is the obligation of the government to ensure the protection of human rights of all people in their jurisdiction.

* That the system of detention proposed by the legislation will establish an informal criminal justice system without the safeguards of a formal system. Anyone deemed to be a threat to national security of a "suspected international terrorist" could be imprisoned indefinitely on the basis of information inadmissible as evidence in a trial, and on a significantly lower standard of proof.

* That anyone who is detained should either be promptly charged with recognisable criminal offences and tried within a reasonable period in proceedings that comply fully with international fair trial standards; or deported within a reasonable period to another country where there is no risk of being subjected to the imposition of the death penalty, torture or other cruel, inhuman or degrading treatment or punishment, or other serious human rights abuses, and to an unfair trial.


Appeals to:

Prime Minister, John Howard

Leader of the Opposition, Simon Crean
S.Crean.MP@aph.gov.au

Leader of the National Party, Deputy PM John Anderson
John.Anderson.MP@aph.gov.au

Leader of the Democrats, Natasha Stott-Despoja
Senator.Stott.Despoja@democrats.org.au

Attorney-General, Daryl Williams
Daryl.Williams.MP@aph.gov.au

December 2022

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