EVENT REPORT: Invasion Day Rally and March 2018

26 January 2018

Melbourne Activist Legal Support (MALS) fielded a team of seven(7) legal observers at the 2018 Invasion Day Rally and March which was organised by the Warriors of Aboriginal Resistance (WAR).

The team observed and noted police behavior, crowd control tactics and interactions with the public from 9.30am until the completion of the event at 3.30pm.

Police presence was significantly larger than for previous Invasion Day protest marches in recent years but moderate given the large estimated crowd size which ranged between 40,000 – 60,000 attendees. 

As MALS has discussed previously, protests by or about indigenous rights, black deaths in custody or land rights in Australia have historically attracted a more interventionist and controlling level of policing than an equivalently sized non-indigenous protest.  MALS has observed this over the past few years where peaceful, well organized and even solemn events such as the Invasion Day rallies are heavily policed despite there clearly being no plans for disruptive or violent action.

Police conduct during the 2018 march through the Melbourne CBD primarily appeared to be generally facilitative and designed to manage the movement of the marchers west down Bourke St, to turn south down Swanston Street and then eventually east down Flinders Street to the march endpoint at Parliament Gardens.  Some Public Order Response Team (PORT) cordons were positions across streets at various locations designed to prevent the march interacting with the City of Melbourne Australia Day Parade down Swanston St. This meant that the march was delayed for short periods of time whilst organisors liaised with police and saw the eventual moving of police cordons.

Police cordons during similar protest events in the CBD can infringe upon the rights of peaceful assembly and association contained in section 16 of the Victorian Charter Of Human Rights and Responsibilities Act (2006). The team present on this day considered the limitation in this instance to be temporary, particulary considering the length of time the marchers chose to remain at various intersections along the route which were unhindered by police action.

The Australia Day Parade was completed by the time the march arrived at Swanston Street but metal barricades along both sides of the road posed some problems due to the large crowd size.

MALS was also noted that police were cognizant of the risk that right-wing groups or individuals would make attempts to counter-protest or harass the rally.  The team noted one incident on Flinders Street where a right wing activist was prevented from gaining access to the protest by police.

We note from the Street Medic team present that only minor heat related injuries were treated.

Areas of Concern:

The Victoria Police Mounted Branch (9 horses and mounted police) was present and maintained a position approximately 50 metres in front of the protest march for most of the time. The presence of police horses in crowd situations poses a significant risk of injury given the size of the crowd, the presence of children, prams and the inabilty of people to get out of their way if they are manoeuvred close to crowds. Although they were not utilised to control crowds at this event, their presence remains unecessarily intimidating and MALS strongly recomends that police horses not be deployed in any crowded or populated area at any protest event due to risk of servere injury.

Use of force:

Legal Observers witnessed and received some reports of use of force by police members in the Public Order Response Team (PORT) as the attendees rallied at the Flinders St station intersection.

One attendee reported that her female friend and an elderly male were pushed back by an police member as they tried to move further down St Kilda Rd/Swanston St when the march initially arrived at the intersection. The attendee reported that the officer was unprovoked and had not issued any verbal instructions or warnings beforehand.

A MALS Legal Observer was also subject to physical force (a rough push) by a PORT member upon arrival at the Flinders St intersection. The legal observer subsequently brought this to the attention of the officer in charge.

Identification:

MALS also notes with some concern that many PORT members were not wearing their official ID badge, despite requirements to do so. Notably, the PORT member who pushed the MALS legal observer did not have their ID badge.

By their own regulations, VicPol members in uniform are required to wear current issue name tags that specify first name or initial/s, surname and rank. (Victoria Police Manual, Uniform and Appearance Standards, Oct 2016)

As we have noted numerous times previously, the wearing of visible name tags at protest events is inconsistent and this poses serious problems for accountability.

Media and online harassment of activist

We also note with concern that some sections of the media choose to single out and highlight one provocative statement from the rally and even made it into a headline in some cases.

Legal Observers heard the statement in its context and it was clearly a metaphorical and figurative point as was later explained by the organisor herself.  Singling out this one statement amidst an half day of speeches is no more than racist demonisation. It has served to generate outrage and condemnation from parties who were not present and has resulted in online abuse, threats and harrassment of the organisor.

The abuse or harassment of an activist in any online forums is unacceptable.   Resources to deal withthis sort of online harrassment are available here and here.

Melbourne Activist Legal Support (MALS) supports activists to defend their civil and political rights by fielding legal observers at protests and rallies, and providing training, resources and up to date information on the right to protest in the State of Victoria. This is the fourth year in a row that MALS has provided support to attendees at the Invasion Day Rally.

 

This Statement is a public document and is provided to media, Victoria Police Professional Standards Command, the Victorian Equal Opportunity and Human Rights Commission (VEOHRC), and other agencies upon request.

For enquiries please contact: melbactivistlegal@gmail.com

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STATEMENT OF CONCERN: Treatment of Legal Observer 11/2/2017

‘Block the Bill’ rally 11 February 2017, Melbourne, Australia

 

On Saturday the 11th of February 2017 Melbourne Activist Legal Support (MALS) fielded a team of three (3) trained Legal Observers at the ‘Block the Bill’ rally that took place on Swanston Street, near the intersection with Latrobe Street, at the State Library Victoria in Melbourne’s Central Business District.

Legal Observers monitored the actions of Victoria Police and recorded evidence throughout the 3 hour event. The following area of concern was recorded at 15:06.

Areas of concern:

Legal Observers noted that three police members acted in an intimidating manner toward a Legal Observer and obscured their uniform name badges in contravention of Victoria Police regulations. The Legal Observer had approached the members to take down their name and unit details from their visible name badges. The police members surrounded the Legal Observer and questioned the content of the Legal Observers notes. One police member moved to within 15-20 centimeters of the Legal Observer and attempted to read what she was writing on her clipboard. The Legal Observer asked for their names, but all three declined. One (1) of the police members then removed his name badge from his uniform while another clutched his collar of his vest as to obscure his name badge.
MALS expressed concern of the intimidating treatment toward a Legal Observer to the officer in charge (OIC) Senior Sergeant John Mason, at the event.

MALS notes that all Victoria Police members in uniform are required to wear current issue name tags that specify first name or initial/s, surname and rank. (Victoria Police Manual, Uniform and Appearance Standards, Oct 2016)

MALS also notes that Victoria police are obligated under the Victorian Charter of Human Rights and Responsibility (the Charter) to protect the freedom of peaceful assembly and efforts to maintain a space where the public can attend the ‘Block the Bill’ rally.

We also remind the public and Victoria Police that civilian Legal Observers are human right defenders and under the United Nations Declaration of Human Rights Defenders, Legal Observers have a right to fulfill their role unhindered and without obstruction. www.ohchr.org/EN/Issues/SRHRDefenders/Pages/Declaration.aspx

Contact email: melbactivistlegal@gmail.com

www.melbourneactivistlegalsupport.org

Who’s who in Victoria Police

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Public Order Response Team (PORT)

Identifying police at protests can be tricky business.

There are often different units with different uniforms and gear, different ranks and then police come to protests with specialist roles.

The identification of individual officers goes to the heart of accountability. It is useful for Legal Observers, journalists, street medics and activists to have an idea who is who. With accurate identification we can get a sense of how different police units might act and more accurately identify police in the case of an incident or for an eventual complaint or legal action.

The Victorian State Government has been investing a significant amount in specialist teams since 2009 when the large Operations Response Unit was established,  including protective armor, new equipment and specialist training. The latest increase in police numbers announced by Premier Andrews in December 2016 included as least 40 new Public Order Response Team (PORT) officers to increase capacity to rapidly respond to incidents involving “hostile crowds”.

The use of specialist, paramilitary style police units has been the subject of much research, analysis and commentary, in particular since the high toll of police shootings in Victoria, many by the Special Operations Group (see below) in the late 80’s and early 90’s and has been driven in part by internal police union agitation to lower police injuries with protective gear and equipment that reduces physical contact (such as tasers and OC spray) for occupational health and safety reasons. But the global policing trend toward military-like tactics, training, uniforms and equipment has undoubtedly been driven by the enormous growth in the highly lucrative international trade in repressive technologies. The rapid investment in counter-terrorism since September 11, 2001 has also resulted in a massive transfer of tactics, knowledge and equipment between police and militaries. Professor Jude McCulloch’s Blue Army, Paramiltary Policing in Australia is a great place to start if you want to delve into this more.

As David Vakallis and Jude McCulloch argue, since 2001 the trend towards more militarised policing at Victorian protests has “escalated such that the clatter of riot shields and the acrid sting of capsicum spray have become something to expect from police at protests.”

A more general discussion on why police choose certain tactics at protests can be found here.

This article, however, is focusing upon identifying the name, rank of individual police and distinguishing between the various police units at protest events in Victoria.

Name Tags

By their own regulations, VicPol members in uniform are required to wear current issue name tags that specify first name or initial/s, surname and rank. (Victoria Police Manual, Uniform and Appearance Standards, Oct 2016)
Despite calls by legal and human rights groups for many years, Legal Observers still note that the wearing visible name tags at protest events is inconsistent and that the ease of obscuring or removing a name tag poses serious problems for accountability.
If police officers cannot be identified then they can act with a high degree of impunity; research suggests that police officers who wear nametags are more conscious of the needs of the general public they are interacting with. Nametags, therefore, are an important safeguard that can help ensure individual police are held responsible for their actions.
By foregoing a nametag, police are able to assume the power of a collective identity without exposing their individuality. This is a process known as de-individuation, and can lead to higher instances of negative or socially irresponsible behaviour.
‘I tried to avoid the police without name badges, it seemed clear to me that they
were more prepared to be aggressive. I witnessed one police officer without a
badge punching a protester in the face.’ Jing, 27. Occupy Melbourne protester 2011

Identifying Police by Rank

Firstly – there are 13 different ranks in Victoria Police – from Constable to Chief Commissioner. The main ones you will see at a protest event are pictured below.

When you are liaising with police take note of their rank.  You should be speaking with someone who is a Sergeant or above and if you want to speak with a senior officer then look for the three pips. Often Inspectors are the Forward Commanders for any large protest but you can always ask for the senior officer or OIC – Officer In Charge –  when you want to speak with the most senior police officer present.

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At large protests police will be drawn from other duties and also from specialist units, depending upon the size, scale and the police’s assessment of the nature of the protest.

OPERATIONS RESPONSE UNIT (ORU)
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The Operations Response Unit (ORU) is a highly visible and trained response team tasked to tackle high-priority public safety, road policing and crime issues across the state.

Operations Response Unit, which was set up around 2009 employs 250-300 staff, has an intelligence cell and has access to about 68 vehicles. It is designed to provide rapid and ready response to major incidents and disasters at short notice.

The ORU members are trained to tackle issues such as CBD violence, rural traffic issues, weapons searches and crime or drug operations.

The massive investment in this new unit was authorised by former Chief Commissioner Simon Overland and boosted by his successor Ken Lay as part of a push to reintroduce ‘low-tolerance and pro-active’ policing across the state. The idea is that if police can deploy in large numbers as early as possible their presence will deter violence. The sheer scale of policing we have seen at recent Melbourne protests have reflected this ‘force of numbers’ approach.

 

PUBLIC ORDER RESPONSE TEAMS (PORT)

The Public Order Response Team (PORT) pictured above and below, are part of the ORU and includes 200 or so police members drawn from general duties who have been provided with specialist crowd control training. PORT is designed to provide a rapid and ‘force of numbers’ response to public order incidents and has dedicated vehicles and riot control equipment.

It was formed in June 2011 partly in response to a spate of ‘out of control’ suburban teenage parties and also in the wake of the London riots of that year. The primary objective of PORT is to “restore and maintain public order in volatile and/or hostile crowd environments and certain emergency management situations.”

They are often sent out to back local police targeting anti-social behaviour and public drunkenness but are also regularly deployed at protest events.   Not all PORT members wear the helmets and protective gear but are most often deployed in formations, lines or units at protests. Depending upon the weather and conditions PORT will have standard yellow vests, clear goggles and look like general duties police.

The several hundred PORT members are trained in specific tactics to deal with public order and “riot” situations.

What is defined as a ‘riot’ and who defines it is extraordinarily problematic.  We know that they have trained with tear gas and full length riot shields that we have not yet seen on Melbourne’s streets.  You can see some of this training on YouTube here.

A note on training. Police training in relation to protests tends to influence the approach taken to protesters.  If police training implies that protesters are akin to insurgents or terrorists and that crowds are inherently dangerous, and concentrates or tactical issues related to riot control, then the attitude of individual police to protesters is likely to be harsh. As we can see in this Victoria police YouTube video, out of uniform police members playing the part of protesters in the training exercise are violent, abusive and throwing objects. Undoubtedly this sort of training would colour the attitudes of police and their approaches to protesters.

http://cdn.newsapi.com.au/image/v1/209ea34605f0291d19d307ab749637d3

PORT in the Carlton Gardens. Picture: Stuart McEvoy

 

CRITICAL INCIDENT RESPONSE TEAMS (CIRT)

Launched in 2004, Critical Incident Response Teams, (pictured below) provide 24 hours a day, 7 days a week response, which includes a negotiator capability, to incidents  involving firearms, suicide, consular threats or forced entry searches that not meet the criteria of the Special Operations Group (SOG).

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CIRT members at a protest (2016)

They have access to tasers, beanbag (extendable baton) rounds, and machine guns, body armour and helmets as well as armoured vehicles.  CIRT were the first in Victoria to be provided with OC spray / foam and are only rarely present at large protest events where police anticipate violence, (or large assertive crowds that they fear that they wont be able to control without sub-lethal weaponry.)  If deployed, CIRT will usually be kept in the background at protests. They are also likely to have a different chain of command than PORT.

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CIRT at a Melbourne protest, December 2016

SPECIAL OPERATIONS GROUP

The elite paramilitary Special Operations Group (SOG) respond to incidents that are beyond the scope, experience and skill level of (CIRT) at any time.  SOG will be rarely, if ever, deployed to protest events. The SOG are highly trained in anti-terrorism tactics, building entry skills, and conducting high risk searches. Formed in 1977 its main function was, and remains, to provide a response to politically motivated and criminal terrorist activity. They have been known to refer to themselves as the “Sons Of God”.

MOUNTED BRANCH

The Mounted Branch are hard to miss at protests in Victoria and remain one of the more dangerous and controversial units in Victoria Police having been responsible for a huge number of protester injuries over the past decade or more.  Police horses are used to provide support to police at events “requiring crowd control, protests or marches needing public order management”.

Image result for Victoria Police horses

Source: Wikipedia

The Mounted Branch members train with other specialist police units, including the Public Order Response Team (PORT) and are most commonly deployed into crowds when police perceive that police on the ground are loosing control or at risk.   Lines of police horses are used as cordons when stationary, or as moving cordons behind marches, but can also be run directly into crowds, sometimes quite rapidly, to disperse or move people away from buildings or away from police lines. The use of police horses is always problematic in that the risk of serious and life threatening injury to people in crowd situations is extraordinarily high.  When horses are run directly into or near large crowds of people who can not move back it  is too easy for people to be violently pushed by the horses, to fall under, and be trampled.

The Victorian Parliament have not had any regulatory oversight on how police horses are used for many decades and their use arguably impinges upon the right to peaceful assembly.

SEARCH AND RESCUE

The Victoria Police Search and Rescue squad (SAR) conduct land and water search and rescue operations including people missing in remote and difficult areas.  They are equipped with climbing and cutting equipment.  Search and Rescue are commonly called out to protest events when activists chain, lock, U-bolt or otherwise physically attach themselves to buildings or equipment or are required to be removed from tripods, tree-sits or high-location banner-drop actions.   Generally, Search & Rescue members are professional and courteous with activists and many of them have experience with various activist lock-on devices and high location protests.

 

References and further reading:

Vakalis, D., McCulloch, J., 2012, Something Old, Something New, Something Borrowed, Something Blue, Militarized Policing and Occupy Melbourne http://overland.org.au/previous-issues/issue-occupy/feature-jude-mcculloch-and-david-vakalis/

McCulloch, J., 2001, Blue Army: Paramilitary Policing in Australia, Melbourne University Press, Carlton South Vic Australia.

Specialist Roles with Victoria Police http://www.policecareer.vic.gov.au/police/about-the-role/specialist-roles1

An Tien Hsieh and Shu-Hui Hsieh, ‘Dangerous Work and Name Disclosure’ (2010) 38
W. Heck, ‘Police who Snitch: Deviant Actors in a Secret Society’ (1992) 13

Calls for ban on police horses at public protests Peta Carlyon 26 Oct 2011, ABC http://www.abc.net.au/news/2011-10-26/calls-for-ban-on-police-horses-at-public-protests/3600874

OCCUPY POLICING A Report into the Effects and Legality of the Eviction of Occupy Melbourne from City Square, Occupy Melbourne Legal Support Team October 2012.

Do Not Resist” and the Crisis of Police Militarization, Dexter Filkins, The New Yorker, 13 May, 2016,

Police Miltarisation, ABC Radio National Sunday Extra (Audio), Sunday 24 August 2014

Occupy Policing: The Eviction of Occupy Melbourne

Inspired by the global call for action by the Indignados movement in Spain, the protests and revolutions across the Arab World and the Occupy Wall Street protests in New York City, activists organised to launch Occupy Melbourne in City Square on 15 October 2011. Occupy Melbourne sought to transform City Square into a ‘common’ space of political demonstration where people could learn, discuss and demonstrate about issues of concern. In particular, the abuses of political and corporate power, globalised neo-liberalism, the imposition of austerity, and the privatisation of public services.

Six days later, in the early hours of Friday 21 October 2011, Occupy Melbourne protesters were requested by Melbourne City Council to leave City Square. A few days earlier, Lord Mayor Doyle claimed that the protesters had a ‘right to protest’ but that this right was time-restricted. ‘A week’, claimed Doyle, ‘was a reasonable time for their mindless shriek of protest’. Assistant Commissioner Fontana was reported as saying: ‘They’ve [protesters] had more than ample time to make their point in terms of what their protest is about and I think it’s time to give the City Square back to the citizens of Melbourne.’ If it is to be meaningful, any political ‘right to protest’ needs to protect how protesters make their point. Continuous protest in the form of an ‘occupation’ was central to the mode of protest that the Occupy Movement took. Placing time restriction on this defeats the specific objective of the global Occupy movement. Therefore many protesters remained in the City Square, and others joined them in asserting the ‘public’ nature of the Square and the right to be in and create open spaces for political demonstration and communication. The Square was fenced off from protesters, and basically surrounded by police.

At around 11:30am, Victorian Police officers from the Public Order Response Team in groups of 4–6 officers advance towards Occupiers and physically remove them one by one, carrying or dragging them out of City Square. Occupiers who have linked arms are wrenched out of that formation. Over 100 people are removed in this way from City Square. Communal and private property was removed from the site. Prior to this violent eviction from City Square a crowd of hundreds gather to watch and support protesters in the Square.

screen-shot-2017-01-08-at-10-01-38-amOne year on from the controversial eviction ‘Occupy Policing: A Report into the Effects and Legality of the Eviction of Occupy Melbourne from City Square on 21 October 2011‘ is highly critical of the authorities—Melbourne City Council and Victoria Police—who authorised and effected the eviction. The Report documents the personal stories of people who took part in the Occupy Melbourne protests and their experiences of policing. It complements these personal stories with an account of the relevant law. The Report was published by the Occupy Melbourne Legal Support Team (‘OMLST’) and is endorsed by the Flemington and Kensington Community Legal Centre, Fitzroy Legal Service, the Federation of Community Legal Centre and the National Police Accountability Network.

The Report documents the harmful effects of this policing operation both on individuals and also on the capacity and willingness of people to engage in political dissent. ‘Today my whole perception of what freedom means to me in Australia was turned on its head as I witnessed the scariest brutality I have ever seen police conduct’, Emily, 37, stated to the OMLST. The effects of such violence can be traumatising. Many protesters at Occupy Melbourne were new to activism and had no previous experiences of the violence inflicted in the name of ‘public order’. Protesters’ statements collated in the Report speak of the terror experienced from policing operations, including mounted police charging through the protest and the use of dog squads. The Report documents physical injuries sustained in the policing of Occupy Melbourne, cuts, grazes and bruises as well as serious injuries including broken noses, black eyes and back injuries. It also documents longer-term psychological effects. ‘For a while I would feel a wave of anxiety/panic come over me whenever I walked past or saw a police officer’, Sasha, 25, told the OMLST. The Report also argues that such violence has broader political effects in that it has a ‘stifling’ effect and acts as a deterrent to people joining and participating in movements for progressive social change.

The Report examines the various legal bases used to justify the eviction of Occupy Melbourne; breaches of local law; trespass in a public place; common law ‘breach of the peace’ powers, and; controversial statutory ‘Move-On’ powers. The Report finds that none of these bases are substantiated, and that the forceful removal of Occupy Melbourne protesters by Victoria Police and Melbourne City Council appears to have been unlawful.

These findings endorse the comments made by Liberty Victoria President Spencer Zifcak who described the legal grounds relied upon by Melbourne City Council and Victoria Police as ‘flimsy’ and ‘uncertain’. Its analysis highlights the problematic nature of police use of breach of the peace powers to justify repressive action, and points to how breach of the peace powers give police large amounts of discretion and have been used by police to instigate ‘order’ and suppress dissent, especially because these laws are difficult to challenge on the spot.

The use of force in removing Occupy Melbourne protesters from City Square and policing the subsequent protest in the Central Business District shocked the national and international community. Occupy Melbourne protesters were the first in the Occupy movement globally to be subjected to a violent policing intervention. The Report argues that there is ample evidence available as a matter of public record of excessive and unnecessary use of force. The Report documents police use of bodily force such as grabbing and dragging protesters by the neck, legs, arms; throwing and pushing protesters to the ground; punching and kicking protesters, including in the face; use of chokeholds and pressure points; and kneeing protesters in the face and groin. It further argues that such use of force arguably breaches legislative restrictions on the use of force including Victoria Police’s own internal guidelines and that individual police officers need to be held accountable for these breaches. The Report also documents the use of chokeholds, horses and OC spray in ways which were both harmful and arguably in breach of internal guidelines.

Through the course of the morning much larger numbers of Melbournians gathered in the Central Business District. Some gathered to support, some to observe, and some to demonstrate against the forcible removal and policing of Occupy Melbourne. Between 11:45 and approximately 5pm, this protest was pushed by police up Swanston Street, along Lonsdale and Russell Streets. During the afternoon, police used ‘snatch squads’ to grab people—some who appeared to be protest ‘leaders’ and others who were simply bystanders on their lunch break—from the street. Over the afternoon, approximately 100 people were taken into police custody. Protesters were taken to police stations including St Kilda, Heidelberg, St Kilda Road, North Melbourne, Moonee Ponds, Altona, Melbourne Custody Centre and Moorabbin. Others protesters were held for shorter periods. Some protesters were driven away from the Central Business District and released in seemingly random locations, including a paddock in Altona. A large proportion of protesters were held in custody for many hours, both in brawler vans and at police stations across Melbourne. The conditions of confinement were inadequate. The Report argues police were arguably acting outside of their legitimate power and internal guidelines in detaining people pursuant to ‘breach of the peace’ powers. It finds that the actions of police in detaining approximately 100 people on 21 October 2011 may well have exceeded their lawful powers and constituted false imprisonment.

One year after the events of the eviction, as far as the OMLST has been able to ascertain, no protesters have been charged with trespass or with any violent offences relating to 21 October 2011. One year later, the authorities which authorised the eviction and the policing operation have not been held accountable for their actions, individual police officers who acted contrary to guidelines on use of force also have yet to be held accountable for their actions. One year later, it is urgently time for an independent investigation to document and assess the events of the 21 October 2011 in order to authorise such accountability processes. As Tamar Hopkin, Principle Solicitor, Flemington and Kensington Community Legal Centre writes in her forward to the Report, such an independent inquiry is ‘not only necessary to restore the community’s faith that the rule of law still operates in Victoria, but is required under international human rights law where allegations of human rights abuses have been made.’

The Report can be downloaded from the Resources page here.

Julia Dehm and Sara Dehm