Prime Minister Scott Morrison’s threat to outlaw certain forms of protest by environmentalists against coal and gas mining companies might be good short-term politics but it would be a dangerous move for Australian democracy.
Mr Morrison announced last week in Queensland that he planned to crack down on what he described as a new “absolutist” and “anarchist” trend where environmentalists impose “secondary boycotts”.
Prime Minister Scott Morrison says he is working on legal measures to outlaw the "indulgent and selfish practices" of protest groups that try to stop major resources projects. Credit: AAP |
Clearly the environmentalists’ tactics annoy mining companies and perhaps also Mr Morrison’s “quiet Australian” voters in regional areas but there is something bigger at stake here for all Australians.
The right to protest and, yes, protest loudly is what separates Australia from countries like China. It must be protected.
Mr
Morrison is wrong if he thinks that secondary boycotts are a new trend
or that they are only used by environmentalists against mining. They
have long been a widely used tool for many social protest movements.
For
instance, anti-slavery group Walk Free, founded by miner Andrew
“Twiggy” Forrest, organises protests against fashion houses such as Zara
and Gucci, to force them to stop buying cotton from farmers who exploit
their workers.
In fact, Australian competition law already bans secondary boycotts and is widely used in industrial disputes against unions.
In fact, Australian competition law already bans secondary boycotts and is widely used in industrial disputes against unions.
But
the law rightly includes a specific exemption for campaigns where the
dominant purpose of the secondary boycott is environmental or consumer
protection.
The oil and gas and forest industries among others complained about the exemption at a review into the law in 2015.
The oil and gas and forest industries among others complained about the exemption at a review into the law in 2015.
But
the panel, led by Reserve Bank of Australia board member Ian Harper,
found the exemption for environmental and consumer action was justified
because it was up to businesses and consumers to make up their own minds
about how to respond to the protests.
Protests only succeed if they win the support of consumers and shareholders. It is called the free market.There must be some limits on protests, for instances where they disrupt traffic or commit vandalism. But public advocacy should not be a crime.
Even
if the government scrapped the exemption for advocacy in the
competition act, that would not be the end of the story. Any new law
would be open to challenge as an infringement of the qualified right to
freedom of political expression which the High Court has repeatedly
found in the constitution.
Given all the practical
difficulties of drafting the law, Mr Morrison may not actually want it
to pass. He may just see it as a useful wedge issue in areas affected by
drought and dependent on mining jobs.
But
it will be increasingly clear that the real threat to the coal and gas
industries is not urban elites or environmental protesters but climate
change.
Banks and finance companies are being told by their
shareholders and customers that they must do something. Regulators like
the Reserve Bank of Australia are warning them.Banks are doing the numbers and realising that the mounting global pressure to take action to reduce greenhouse gas emissions will inevitably cut demand for fossil fuels and undermine the business case for new mines. That is the problem that Mr Morrison should face.
Links
- Morrison's boycott plan sparks free-speech furor
- A local mayor can see we face a climate emergency, why can't the PM?
- Morrison is being transparently political in targeting climate groups
- Extinction Rebellion wins court challenge against London police ban
- 'We are all accountable': Atlassian chief slams Morrison protest crackdown
- The Prime Minister's anti-protest laws are attacks on investors too
- Greta Thunberg rejects environmental prize
- My Weekend Away: farmer and activist Matthew Evans
- Climate change protesters disrupt London rush hour
- Julia Gillard praises and criticises Extinction Rebellion protesters
- GetUp gets stuck in to 'populist' Morrison government
- Calls to review 'excessive' protest laws in wake of Extinction Rebellion arrests
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