MAPW has serious concerns about provisions proposed in the Defence Legislation Amendment (Enhancement of Defence Force Response to Emergencies) Bill 2020.
There are very troubling elements in the bill that could seriously undermine human rights - such as the right to dissent.
The bill appears to be leading us to a more militarised society, and allows for foreign military and police forces in Australia.
In addition, enhanced roles for the ADF in responding to climate disasters are foreshadowed, while the government ignores the absolute imperative to act to prevent runaway climate change, and instead attempts to present military “solutions”.
We have requested a senate inquiry scrutinise this bill, and reject the negative provisions.
Please take action and make a submission to the Senate Foreign Affairs, Defence and Trade Legislation Committee by 15 October 2020.
Want some help with your submission? Just get in touch: email@example.com
DOWNLOAD THE BRIEFING PAPER
Click here to download the paper, prepared by lawyer Kellie Tranter.
ANALYSIS & REACTIONS
Binoy Kampmark's analysis concludes the bill "does more than sneeze at civil liberties". Read the full article in Counterpunch.
Zali Steggall MP summarises concerns about the bill's provisions, and makes the link to the climate emergency. Read, or watch, her speech on this issue here.
READ THE BILL DIGEST
TAKE ACTION: MAKE A SUBMISSION TO THE SENATE INQUIRY BY 15 OCTOBER
SUMMARY OF THE ISSUES
The Defence Legislation Amendment (Enhancement of Defence Force Response to Emergencies) Bill 2020 should be rejected because:
- It does not sufficiently define the domestic disasters or 'other emergencies' that would trigger an ADF call out
- It grants the Defence Minister a general emergency power without the requirement for consultation with states and territories; the Minister's directions do not need to be published and are not time-limited
- It does not explicitly prohibit the use of force by the ADF whilst acting domestically
- It allows for the deployment of foreign military and police and grants them immunity from civil and criminal liability
- It extends Commonwealth emergency powers beyond what may be constitutional
- The human rights implications, such as the impact on the right to dissent, have been insufficiently considered