August was another busy time at the firm for our criminal and civil lawyers. Luckily for you readers, Megan Kirk, our Civil Solicitor, found time to write this thought-provoking piece; The Power of Protest. Be warned, it might challenge your perceptions of public protests ...
Through her personal experience at a Palestine protest in Sydney, she reflects on the true purpose and power to protest as an essential component of democracy. She also reminds us of the great power we hold when we unite for a cause.
We won't spoil anymore of it!
The Power of Protest By Megan Kirk
When we think of a protestor, a certain image comes to mind: a person shouting loudly about a conspiracy, obnoxiously disrupting the peace of the public, holding up traffic and (insert groan here) making us late for work.
A protestor, for many, is a radical with too much time on their hands.
And the question we can't help but ask ourselves: what does protesting even do?
In full transparency, despite being a staunch advocate for sustainability and equal rights, I used to ask this very question to my fellow lefties – often with a sigh of annoyance and frustration, because couldn't these protesters convey their sentiment without disturbing public peace?
It was not until I attended my first Palestine protest late last year, that I was able to witness firsthand, the forgotten purpose and power of protesting.
The Palestine Protest in Sydney
It was a Sunday, and the Palestine protest was held at Sydney Hyde Park. At this time, the pro-Palestinian sentiment in the Australian public and the Australian government was miniscule. It was, and sadly still is, repressed by the superseding narrative that the 75 years of the Israeli brutal apartheid occupation inflicted upon Palestinian land, is irrelevant to contextualising the actions that took place on October 7, 2024.
I attended the protest with my sister, and I was nervous. I had never acted disobediently against the government before, and so, my very action of walking towards an unfurling crowd of protesters felt aggressively disobedient. The weight of police officers surveillant gazes was alarming, yet despite my unease, as soon as I took my place in the crowd there was an energy that I had not expected. The dangerous or unruly violence I had been forewarned of, was in fact, nowhere to be found. Instead, in its place, was an overwhelming feeling of solidarity, community and collective purpose.
Moreover, the antisemitic chants I had prepared myself for not only did not occur but were clearly and powerfully condemned by the Palestine speakers, who warned us that any vilifications were not tolerated at this event. The purpose of the protest was not about ugly slurs and mudslinging against other religious ethnic groups. It was a cry against mothers, fathers, children, families, slaughtered and butchered indiscriminately en-masse as the global stage watches on in passive silence.
The hidden atrocities occurring in Gaza
Together, my sister and I, two bodies in a swelling crowd, listened to heart-wrenching stories of the hidden atrocities occurring in Gaza. We were told of our own Australian government's role in ensuring the continuation of these atrocities, and the crowd was reminded that demanding an end to a genocide was not a "radical" request but simply a humanitarian cause worth fighting for.
And as I looked around at the countless families, who had chosen to spend their Sunday afternoon, standing against violence, against a government that was failing the very society it was built to represent; I was filled with a sense of democratic purpose that I had not felt for a very long time...
I left the protest with questions spinning in my mind:
Why were the police glaring at us like we were 'criminals' for daring to protest against genocide?
When did "protesting" itself become a dirty word, when it is in fact the foundation of a democratic society and inherent right of a citizen?
And when had our democracy been reduced to only being showcased on days of cramped voting booths and democracy "sausage sizzles"?
The power to protest
To paraphrase the words of American historian and activist, Howard Zinn; protest is not a departure from democracy; it is absolutely essential to it. This is not just a powerful sentiment, but a legality that we have unfortunately been led to forget.
Internationally, on 16 December 1966, the UN General Assembly adopted the International Covenant on Civil and Political Rights (ICCPR), specifically, Article 19 which outlines that everyone has the right to hold opinions without interference and to freely express these opinions.
Nationally, whilst the Australian Constitution does not explicitly protect freedom of expression, it has been held by the High Court that an implied freedom of political communication not only exists but is indispensable to the democratic system of representative and responsible government of Australia.
Our ability to protest is not only lawful, but a right that was advocated for as a powerful component of democracy.
At the outset of this article, I raised a hypothetical question, 'what does protesting even do?'. Instead, I argue the question must be reframed as: "Why are we scared of protesting?"
Should we not walk with the same confidence and sense of duty to protests, as we do in the same stride to the voting poll booths?
Genocide of the Palestinian people
Whether it be protesting against the genocide of the Palestinian people, high rates of domestic violence against women in Australia, inadequate climate change policy, or the rental and cost of living crisis crippling younger generations; it is the very act of taking to the streets that fuels a democracy.
It is through the collective action of people uniting for a single cause, together as a common group, with one focus (or several), that we are exerting our human rights and privilege to vocalise against injustice, unfairness, and to hold unchecked power to account; an act which many citizens in dictatorship regimes would simply die for participating in, and what we have the privilege of doing freely.
We have forgotten that the government has a duty to the people – not the other way around. We have more power than we are led to believe; power that does not reside solely in a tick on an election ballot. The government must serve the people, and by virtue, follow the will of the people it governs.
My message is therefore, a simple one: Don't waste your voice and your power.
Taking the proactive action to protest
We are undoubtedly lucky to be living under a democratic government, but I would argue that luck only extends to when citizens like you and I take pro-active actions to properly utilise our collective power. Through this we can ensure that these "leaders" who claim to represent us, are compelled to align themselves with the will of the people.
I look forward to seeing you all on the streets, and I will leave you with one final quote by South-African anti-apartheid and human rights activist, Desmond Tutu:
"If you are neutral in situations of injustice, you have chosen the side of the oppressor."
We Got An Acquittal For All Three Rising Tide People's Blockade Protestors 🎉
We're thrilled to share that three courageous Legal Observers from last year's People's Blockade have had their charges acquitted!
These brave individuals were out on the water, not participating in the protest but ensuring transparency and accountability by observing and recording police behaviour.
Legal Observers play a crucial role in maintaining the safety of protests. They help uphold the right to document and monitor as protected under Article 19 of the Universal Declaration of Human Rights. Despite their status not being a factor in the acquittal—based on the police's lack of evidence for interference—their contribution cannot be understated.
A massive shoutout to our very own Tim Rayner and Jackson Phillips, who stood firm in representing these defenders. Big thanks also to Chris O'Donnell SC, Zaina Shahnawaz, and Morgan Hunter for their excellent counsel.
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