❝ Australia is a party to seven core international human rights treaties. The right to freedom of assembly and association is contained in articles 21 and 22 of the International Covenant on Civil and Political Rights (ICCPR) and article 8(1)(a) of the International Covenant on Economic, Social and Cultural Rights (ICESCR).
See also article 5 of the Convention on the Elimination of All Forms of Racial Discrimination (CERD) , article 15 of the Convention on the Rights of the Child (CRC) and article 21 of the Convention on the Rights of Persons with Disabilities (CRPD).
… You will need to consider the right to freedom of assembly and association if you are working on legislation, a policy or a program that: …
* limits or regulates the ability of a person or group of persons to peacefully protest
prohibits or creates disincentives for membership of particular organisations, for example terrorist organisations or motorcycle gangs❞
— Right to freedom of assembly and association
[Attorney-General’s Department, Australian Government]
If your excuse is that they are organised criminals, use the existing laws; if you cannot use the organised crime laws you probably need to have a good hard look at your police force.
John Birmingham (@JohnBirmingham) November 04, 2013
❝ … The fundamental principle underlying our legal system for the last 200 years has been that people should be imprisoned for their conduct or behaviour, not for what they might do, or because of the people with whom they associate. And yet this legislation makes it illegal to be a member of an organisation, or to be associated with members of certain organisations.
In that regard, it represents what we have long feared: the transfer of the principles underlying anti-terrorism legislation into the general criminal law. At least the Queensland Criminal Organisation Act 2009 provided a mechanism by which whether or not an organisation is a criminal organisation is decided by a judge on the basis of evidence. Under the new laws, it is done by the fiat of the parliament or the attorney-general. Our liberty should not depend upon the government being made up of saints, or even of reasonable persons. …❞
— Queensland’s ‘anti-bikie’ measures are an assault on our civil liberties
(2013-Nov-06) [The Guardian]