Dear Editor
I am a human rights lawyer specializing in the right to peaceful assembly and association, also known as the right to protest. I am writing in response to the article “Protests Ruin Residents' Weekend.” Where do we draw the line? (CBD News, August 2024).
While we understand the frustration over the weekend's disruptions, we believe it is important to consider the broader context and history of peaceful protests in our cities and communities.
Historically, important social change has been achieved through protests that were often seen as disruptive and intrusive at the time. Consider the women suffragists who demanded the right to vote. They were often seen as subversive and suffered brutal repression, including the use of sexual violence, before their valiant efforts brought victory. Their protests, now celebrated as a pivotal moment in history, were once widely criticized and condemned as extremist and disruptive.
Similarly, the fight for the eight-hour workday that we take for granted today was won by sustained peaceful protests. Construction workers from Victorian Parliament and the University of Melbourne knocked down tools and blocked roads and work sites until their demands were met. These actions are undoubtedly inconvenient for some, but ultimately beneficial for all of us.
Framing protests as a problem is itself a problem. It also allows politicians who are clearly not heeding the calls of protesting voters to escape responsibility. Protesting is a valid and legal use of public space. As long as the protest is peaceful (there is a specific legal definition for this term), even if you disagree with the message or tactics, even if it temporarily disturbs or inconveniences some people. However, it must be allowed.
International and Victorian human rights legislation already provides clear guidelines for facilitating protest and balancing the rights of all users of public space. Since so many people are unaware of these guidelines, we encourage our readers to familiarize themselves with them through the Human Rights Law Center's Declaration on the Right to Protest. The declaration outlines how protests should be protected and how the rights of protesters and others in public spaces should be balanced. You can read the declaration here.
Without the right to peaceful protest, many of us today, including the author of this article, would not be able to vote or enjoy the eight-hour workday, including forming and joining a trade union. Probably. Similarly, we stand against inappropriate development in our beautiful cities, advance LGBTIQ+ rights, ensure safe and accessible abortion care, call for an end to apartheid, advocate for peace, women's rights, etc. , accessible public transport, adequate and affordable campaigns. Families without the right to peaceful protest. These rights and freedoms that we take for granted today were not given to us by Congress, police, or politicians. They were fought and won through protests large and small.
Before we jump with manufactured anger at peaceful protests, which are the true expression of participatory democracy, we must remember the many benefits of decades of protest. . Because history often proves protesters right, even if they are criticized in today's headlines.
Sincerely,
David Mejia Canales
Senior Counsel, Human Rights Law Center •
