Mike Luckovich |
Fiona Katsaukas |
This blog is open to any who wish to comment on Australian society, the state of the environment or political shenanigans at Federal, State and Local Government level.
“It’s a huge amount of money,” he said. “You can buy every politician, every system with all this money, and I think this happened. It protects [producers] from political interference that may limit their activities.....The rents captured by exploiting the natural resources are unearned. It’s real, pure profit. They captured 1% of all the wealth in the world without doing anything for it.”
[Prof Aviel Verbruggen, one of the lead authors of a 2012 Intergovernmental Panel on Climate Change (IPCC) special report & current Emeritus Professor Energy and Environmental Economics, University of Antwerp, Belgium, quoted in The Guardian, 21 July 2022]
Crikey, 8 December 2022, reprinted in Crikey Holiday Read, 5 January 2023:
‘Short of dictatorships, we are world leaders’: Australia’s record on criminalising environmental protest
MAEVE MCGREGOR
'The jailing of peaceful protesters is chilling for anyone who cares about our democracy — we need to restore and protect the right to protest before it’s too late.'
“After the High Court’s decision on the Franklin River on 1 July 1983,” said Bob Brown to Crikey, referring to the famous Tasmanian dam case during which he was arrested, “I stated we had entered a new era of environmentalism and that it would never be so hard as it was in the Franklin campaign.”
“I was totally wrong.”
Nearly 40 years on since the historic victory — in which the Commonwealth government succeeded in stopping the large hydroelectric Franklin Dam being built in Tasmania — the founder and former leader of the Greens was once again arrested, but this time under newly introduced laws that carry $13,000 fines or two years’ imprisonment for protests on a forestry site. The same laws also impose $45,000 fines on organisations, such as the Bob Brown Foundation, which lend support to such protests.
Far from heralding a new dawn for environmental justice, Brown said, the Franklin campaign had proved something of an aberration.
“We now have a situation across Australia where environmentalists are jailed and environmental exploiters are protected and subsidised,” he said of his arrest a few weeks ago.
“Instead of increasing environmental protection, we have laws that do the reverse — laws which foster the self-made environmental tragedy of this planet.”…..
Criminalising climate activism
The larger and more pressing dilemma, Brown said, — and one which belongs to the current age — is the growing tendency of government to criminalise peaceful protest, while climate breakdown and mass extinction envelop the world, forever sealing its fate.
In August, Victoria’s opposition united with the Andrews government to pass laws comparable to Tasmania’s, running roughshod over a chorus of concerns voiced by civil liberties groups, unions and environmentalists.
Three years earlier, in 2019, the Queensland government rushed through sweeping limits on the right to protest, underpinned by unsubstantiated claims of “extremist” conduct by environmentalists. The resulting legislation expanded police search powers and criminalised “dangerous locking devices” — such as superglue or anything activists might use to secure themselves to pavement or buildings — as a means to silence dissent.
And in New South Wales, concerns about traffic disruption were similarly seized upon following climate protests in Sydney and Port Botany earlier this year to hurry the introduction of two-year jail terms and $22,000 fines for “illegal protests”.
The laws, which criminalise “illegal protests” on rail lines, bridges, tunnels and — most contentiously — public roads, were passed within two days with the unqualified support of the Labor opposition mere weeks after the government flagged a crackdown on environmentalists.
Though seemingly aimed at “anarchist protesters”, as NSW Attorney-General Mark Speakman put it, the breadth of the provisions suggests otherwise.
“Because the provisions are so loosely drafted, so imprecise, the laws can apply to almost any situation of people being on a road,” said Coco’s lawyer, Mark Davis.
“The Roads Minister Natalie Ward didn’t know herself if ‘public road’ meant ‘major road’ or any and every road. It’s a disgrace. It gives police an unlimited, utterly arbitrary discretion to arrest anyone on a road protesting about anything, not just climate.
“Short of some prominent dictatorships, we are world leaders with this kind of legislation. And the courts, or at least one court, has shown us the gun is loaded and they’re willing to fire it.”
Disruption and democracy
Against the backdrop of this legislation, now the subject of constitutional challenge, environmental demonstrators across Australia have regularly been denied bail or otherwise forced to contend with disproportionate bail conditions, while those residing in New South Wales have had espionage activities undertaken against them by a new police unit, Strike Force Guard.
In a statement to Crikey on Wednesday, New South Wales Deputy Premier and Minister for Police Paul Toole defended the laws.
“Illegal protests that disrupt everyday life, whether it’s transport networks, freight chains, production lines or commuters trying to get to work or school, will not be tolerated,” he said.
It was a sentiment shared by Premier Dominic Perrottet, who days earlier labelled Coco’s 15-month prison sentence “pleasing to see”, adding “if protesters want to put our way of life at risk, then they should have the book thrown at them”.
In answer, the famous physicist and climate scientist Bill Hare said, via Twitter, that the inconvenience occasioned by “protest is not comparable to [the] catastrophic risk to [the] environment and serious damage to our way of life caused by fossil fuel emissions”.
Hare — the lead author for the IPCC Fourth Assessment Report, for which the IPCC was awarded the Nobel Peace Prize — added that Perrottet’s statement was one of the “most regressive, anti-democratic statements” he could recall in Australia “for a long time”. [my yellow highlighting]
It’s a view which throws the shifting definition of what is deemed lawful dissent into sharp relief, Ray Yoshida of the Australian Democracy Network told Crikey.
“It’s doublespeak for the NSW government to say they support protests as long as they don’t break the law, and then pass new laws that shrink the space for people to act,” he said.
“The jailing of peaceful protesters is chilling for anyone who cares about our democracy — we need to restore and protect the right to protest before it’s too late.”
Had such laws existed at the time of many of Australia’s historic environmental wins — from the Franklin River to the Kakadu and Jabiluka blockades — many, perhaps all, would have met with failure.
“There’s no doubt these laws would certainly have had an adverse impact on bringing to the public’s attention the Franklin Dam issue and, for that matter, a range of issues that have been brought to prominence in the public’s mind because of protests,” Greg Barns SC of the Australian Lawyers Alliance said.
He added people too often overlooked the hundreds of arrests which occurred during the Franklin River campaign, but under ordinary trespass laws that impose lesser penalties.
“The reason [the new laws] are unnecessary is because there are already ample laws on the statute books, such as laws relating to trespass, criminal damage, that deal with these types of situations if people break the law,” he said.
“What [Coco’s] sentence shows is that these new laws are draconian. Her sentence is a draconian penalty allowed for by a draconian law.”
Why now?
Given ours is the age of looming, if not inevitable, climate disaster, all of this poses the inevitable question: why the crackdown on environmentalists?
In Brown’s view, it’s no accident of history the techniques used by campaigners in the past are being targeted by government. It’s a phenomenon, he said, which conversely owes its existence to “state capture” by the fossil fuel and logging industries.
“The extractive industries, who want to convert nature into profits, can no longer win the argument with the public on the environment, so they have to ‘take out’ the environmentalists,” he said.
“These laws are meant to kill environmental activism and frighten people into silence.”
In this connection, there’s little denying climate anxiety, and concomitant calls for climate action pose a risk to such corporations.
A recent analysis of World Bank data undertaken by Belgian energy and environmental economist Aviel Verbruggen, a former lead author of an IPCC report, found the oil and gas industry had delivered more than $4 billion in profit every day for the past 50 years.
Following the report’s release, Verbruggen said: “You can buy every politician, every system with all this money, and I think this happened here. It protects [polluters] from political interference that may limit their activities.”
While Brown doesn’t believe any Australian politicians have been bribed or “bought”, so to speak, he said the lobbying power of the industry was obvious, both on a domestic and global level.
“By and large, [our politicians] are just suborned by this lobbying tour de force, which is not being matched by the non-governmental sector, which is the guardian of the environment,” he said.
“The striking similarity between Australian [anti-protest] legislation and the UK’s legislation is a clue which indicates we’ve got a global corporate governance.”
To buttress this view, Brown pointed to the $700 billion in taxpayer subsidies received by oil and gas companies globally in 2021.
Viewed in this context, he said, the anti-protest laws were self-evidently designed to shatter the unity underpinning the rise of collective, society-wide pressure to move on climate action.
Environmental Justice Australia ecosystems lawyer Natalie Hogan agreed the laws were a “politically motivated crackdown on legitimate political expression”, and ones that illustrated the efficacy of environmental campaigns.
“These protests provide very important community oversight,” she said in reference to the illegal logging in Victorian forests exposed by environmental demonstrators and citizen science groups in recent years.
“It seems very inconsistent to [tell Victorians] native logging will end by 2030, and then introduce laws that disproportionately criminalise or penalise people engaged in legitimate protests or citizen science in forests.”
Others, however, believe the anti-protest laws represent yet another skirmish on the law-and-order politics theme.
“Banging the law-and-order drum has been fashionable for over 20 years,” Greg Barns said. “I think that’s the issue at play here — it just so happens to be climate change in this instance.”
“The irony is that it will probably have the impact of emboldening protesters to take more extreme action because they see the laws as unjust.”
The future of protests
Not everyone has cast doubt on the deterrent effect of the laws, though. Coco’s lawyer Davis said the laws — which he defined as a “knee-jerk response to tabloid media” — would achieve their desired result.
“Of course it will work — who would be insane enough to organise any sort of free protest? You can go to jail for a long time. It’s nuts,” he said.
Either way, Davis added, it’s clear such laws were placing the limits of Australia’s reputation as a liberal democracy under extraordinary pressure.
“You cannot be a fully functional democracy if you cannot voice dissent to the government power,” he said. “It’s simply impossible.”
“To be on a road, to use a road, is intrinsic to the right to protest and the fact that’s now seen as somehow radical tells you about the cultural shift we’re witnessing.”
Brown, for his part, believes it would be foolish to bet on a decline in environmental protest, notwithstanding the laws, given the climate predicament confronting the globe.....
“But ultimately responsibility for [change will] fall to voters.....
“These laws will only continue to get worse if people don’t vote for the environment.”
After all, he said, dealing with global warming and the extinction crisis is, and always has been, about the balance of power.
BACKGROUND
North Coast Voices, Monday, 2 January 2023,
Who is undermining Australia’s climate change mitigation goals? Listing lobbyists contracted to act on behalf of fossil fuel industries.
Hi! My name is Boy. I'm a male bi-coloured tabby cat. Ever since I discovered that Malcolm Turnbull's dogs were allowed to blog, I have been pestering Clarencegirl to allow me a small space on North Coast Voices.
A false flag musing: I have noticed one particular voice on Facebook which is Pollyanna-positive on the subject of the Port of Yamba becoming a designated cruise ship destination. What this gentleman doesn’t disclose is that, as a principal of Middle Star Pty Ltd, he could be thought to have a potential pecuniary interest due to the fact that this corporation (which has had an office in Grafton since 2012) provides consultancy services and tourism business development services.
A religion & local government musing: On 11 October 2017 Clarence Valley Council has the Church of Jesus Christ Development Fund Inc in Sutherland Local Court No. 6 for a small claims hearing. It would appear that there may be a little issue in rendering unto Caesar. On 19 September 2017 an ordained minister of a religion (which was named by the Royal Commission into Institutional Responses to Child Sexual Abuse in relation to 40 instances of historical child sexual abuse on the NSW North Coast) read the Opening Prayer at Council’s ordinary monthly meeting. Earlier in the year an ordained minister (from a church network alleged to have supported an overseas orphanage closed because of child abuse claims in 2013) read the Opening Prayer and an ordained minister (belonging to yet another church network accused of ignoring child sexual abuse in the US and racism in South Africa) read the Opening Prayer at yet another ordinary monthly meeting. Nice one councillors - you are covering yourselves with glory!
An investigative musing: Newcastle Herald, 12 August 2017: The state’s corruption watchdog has been asked to investigate the finances of the Awabakal Aboriginal Local Land Council, less than 12 months after the troubled organisation was placed into administration by the state government. The Newcastle Herald understands accounting firm PKF Lawler made the decision to refer the land council to the Independent Commission Against Corruption after discovering a number of irregularities during an audit of its financial statements. The results of the audit were recently presented to a meeting of Awabakal members. Administrator Terry Lawler did not respond when contacted by the Herald and a PKF Lawler spokesperson said it was unable to comment on the matter. Given the intricate web of company relationships that existed with at least one former board member it is not outside the realms of possibility that, if ICAC accepts this referral, then United Land Councils Limited (registered New Zealand) and United First Peoples Syndications Pty Ltd(registered Australia) might be interviewed. North Coast Voices readers will remember that on 15 August 2015 representatives of these two companied gave evidence before NSW Legislative Council General Purpose Standing Committee No. 6 INQUIRY INTO CROWN LAND. This evidence included advocating for a Yamba mega port.
A Nationals musing: Word around the traps is that NSW Nats MP for Clarence Chris Gulaptis has been talking up the notion of cruise ships visiting the Clarence River estuary. Fair dinkum! That man can be guaranteed to run with any bad idea put to him. I'm sure one or more cruise ships moored in the main navigation channel on a regular basis for one, two or three days is something other regular river users will really welcome. *pause for appreciation of irony* The draft of the smallest of the smaller cruise vessels is 3 metres and it would only stay safely afloat in that channel. Even the Yamba-Iluka ferry has been known to get momentarily stuck in silt/sand from time to time in Yamba Bay and even a very small cruise ship wouldn't be able to safely enter and exit Iluka Bay. You can bet your bottom dollar operators of cruise lines would soon be calling for dredging at the approach to the river mouth - and you know how well that goes down with the local residents.
A local councils musing: Which Northern Rivers council is on a low-key NSW Office of Local Government watch list courtesy of feet dragging by a past general manager?
A serial pest musing: I'm sure the Clarence Valley was thrilled to find that a well-known fantasist is active once again in the wee small hours of the morning treading a well-worn path of accusations involving police, local business owners and others.
An investigative musing: Which NSW North Coast council is batting to have the longest running code of conduct complaint investigation on record?
A fun fact musing: An estimated 24,000 whales migrated along the NSW coastline in 2016 according to the NSW National Parks and Wildlife Service and the migration period is getting longer.
A which bank? musing: Despite a net profit last year of $9,227 million the Commonwealth Bank still insists on paying below Centrelink deeming rates interest on money held in Pensioner Security Accounts. One local wag says he’s waiting for the first bill from the bank charging him for the privilege of keeping his pension dollars at that bank.
A Daily Examiner musing: Just when you thought this newspaper could sink no lower under News Corp management, it continues to give column space to Andrew Bolt.
A thought to ponder musing: In case of bushfire or flood - do you have an emergency evacuation plan for the family pet?
An adoption musing: Every week on the NSW North Coast a number of cats and dogs find themselves without a home. If you want to do your bit and give one bundle of joy a new family, contact Happy Paws on 0419 404 766 or your local council pound.