#NotWithYou: Why more weapons for Victoria Police is a Very Bad Idea

In a carefully orchestrated public relations launch on Thursday 22 March, Victoria Police revealed it’s armoury of new repressive weaponry.

The Chief Commissioner of Victoria Police, Graham Ashton has expressed concern about how these weapons will be perceived by the public.  “We need the community to be with us on this’’ he said.  Well, we are not and here’s why.

The Operations Response Unit (ORU) received an initial $7.6 million with an ongoing ($35 million) over five years to “improve the management of large scale or high-risk public order incidents.”  The Victorian government, as part of its inappropriately named ‘Public Safety Package’ announced this funding back in 2016 and now we see what VicPol ended up buying with it.
These new weapons will be used by the Operational Response Unit (ORU) and distributed from a new hi-tech vehicle that will record evidence and can livestream to an offsite command centre. Most of these weapons have already been in use in some form by specialist units such  the Critical Incident Response Team and Special Operations Group and have come out at recent prison protests or hostage scenarios.   However this represents a significant rollout to more ‘regular’ public order police.
The only weapon that is totally new for VicPol is the VKS Pepperball firearm (pictured below). A 175 shot semi-automatic rifle that fires capsicum rounds, blunt force pellets the size of marbles or dye markers to brand people for arrest later.  These pellets can blind, maim and leave permanent injuries depending where they hit the body. (Check out the demo for it here.)   There’s footage of these guns being fired at protesters in Portland Oregan (USA) last year here.
 
The 40-millimetre rubber bullet launcher so proudly displayed by  Superintendent Tim Tully has resulted in significant injuries and fatalities around the world. Just last year a 25 year old protester was killed by a rubber bullet in Paraguay.
Stinger grenades  – (pictured below) is a pain compliance, distraction and disorientation device for ‘crowd management’, it may be hand thrown or launched in the general direction of the crowd and may be deployed for ground bursts or aerial bursts at the discretion of the operator  – It explodes releasing nine 32-calibre rubber pellets to waist height with a range of five metres.
The Flash/noise distraction grenades designed to shock and disperse crowds are routinely being used in Israel/Palestine and other conflict zones and have maimed children, can burst ear drums and  generate dangerous fear and panic in crowds.
In terms of capsicum canisters, that detonate to release a cloud of capsicum, deaths can occur if people and gas gets trapped in a confined area such as in prison cells.

Injuries from Less Lethal Weapons:  – Theodore C. Chan, MD, FACEP, Professor of Clinical Medicine, University of California San Diego Medical Center.

Instead of investing in communities these new expensive weapons increase the likelihood of violence against communities that are not valued in Victoria, t

A ‘Stinger Grenade’ mentioned above

he incarcerated and the marginalised. They will be used against teenagers at parties, against frustrated prisoners, and against citizens standing up against injustices that the government ignores.

Having observed and documented crowd control policing over the past seven years, Melbourne Activist Legal Support can safely say Victoria Police already deploy riot equipment unnecessarily, inappropriately, dangerously and in ways that infringe upon human rights. We have witnessed OC Spray being used indiscriminately, and against police’s own regulations –  on multiple occasions.
Victoria Police have stated that the main purpose for deploying these weapons is to “enhance the safety of community members and our members”. No  – these are weapons will be used against Victorian citizens.  Independent studies show that riot gear has a destabilising effect at public order events, tending to aggravate and escalate the situation and making it far more dangerous for both community and police.  Riot policing generates fear, anger, distrust and disorder.
At an event referred to during the media launch, the Milo Yiannopoulos protests in Flemington in December 2017, MALS Legal Observers witnessed police ignore hours of vitriolic racial and religious abuse of local residents by white nationalist groups, then we saw intensely provocative riot formations deployed against the very people who had experienced the abuse. Many local residents felt they they were under attack by police.
“One man who has lived at the housing estate for 15 years said he had been standing with his arms linked with other residents in a peaceful stand against the right-wing protesters who were taunting them, when they were doused with pepper-spray by police wielding batons.” –The Age 13 December 2017

Photo: Jason South

Far from justifying the purchase of these weapons, the policing in Flemington that night proved that riot policing makes things worst, and that policing in Victoria is already more intensively focused upon marginalized and ‘less-valued’ communities.
Whenever weapons like this are brought out at protests, kids parties (yes, teenage parties the spill out into the street) or during prison protests, they are routinely misused.
The almost daily misuse of OC spray by Victoria Police is a case in point.  These new weapons make the abuse of civil, political and human rights in Victoria more likely and more severe.  Under human rights law, any restrictions on protest, and any use of force, must be for a legitimate purpose and be proportionate to that aim.  We know from experience that these new weapons will be used without a justifiable purpose, against people posing no threat to police, and in disproportionate ways.

Police spraying toward a Legal Observer and toward no-one who was threatening him – in contravention of Vicpol’s regulations of use. – Melbourne, June 2017

This million dollar purchase by the Victorian government demonstrates the reach of the ever-growing Global Non-Lethal Weapons Market – a multi-billion dollar export industry in repressive technology that fuels conflicts, human rights atrocities and state repression around the world.  Law enforcement departments everywhere have been sucked in by the slick marketing of this ‘less-than-lethal’ arms industry.  Much of the repressive tech that VicPol purchases is never actually deployed (they have LRAD sound cannons for instance but never used them). Whilst civil and political unrest is very profitable for the companies driving this market, it costs taxpayers millions that could be otherwise spent on people and communities.

If the safety of the Victorian community is indeed the highest priority for Victoria Police – it should look to building trust and accountability.  If the Victorian Government is serious about community safety then investing in community resources, infrastructure and support would be far more effective and perhaps a tad less likely to infringe upon Victoria’s own Charter of Human Rights and Responsibilities.
Police misconduct, police abuse of power, police pointing guns into crowds and dressed up like robo-cops all serve to destroy trust.  Victoria Police already have strained relationships with many sections of our community, do they really want to distance and dehumanise themselves even further?
The Human Rights Law Centre (HRLC) has reported upon the disturbing trend of state governments passing draconian laws that curb civil and political rights and restricting civil society organisations to advocate.  The actual or threatened use of these sorts of repressive weapons also impinges upon our civil and political rights. If people stay away from a protest out of fear of police then their right to peaceful assembly is being restricted.  If people leave a peace assembly if they see police with weapons then their right to peaceful assembly is being restricted.

So what can we do about it?

The actual use of these new weapons is not guaranteed. Their deployment depends upon the context of the protests, the social and political climate and whether or not these weapons would be seen by media and the wider community as ‘acceptable’, ‘reasonable’ or ‘appropriate’ under the circumstances.
By ‘revealing’ these weapons to sympathetic journalists in such a careful way,  and writing to community organisations and human rights bodies that same day,  Victoria Police were essentially asking for a social license to use them. It is imperative that they are not given this.
If Victoria Police anticipate a public, media and political backlash it will deter use of these weapons.
Likewise, if they perceive, rightly or wrongly, that they may face costly litigation after these weapons are deployed then that may also serve to restrict their use.
The role of legal observers, human rights advocates and activist lawyers will be critical if these weapons are ever deployed against members of the public in Victoria

We are citizens not enemy combatants.  Do not deploy weapons on us.  #NotWithYou


Further background:

This new riot gear is part of the $2 billion Victorian State Government package that includes a massive new training facility for special operations police, a $15 million a ‘state-of-the-art, New York-style’  24/7 Monitoring and Assessment (surveillance) centre in Melbourne’s CBD.
Also included is a $227 million IT data intelligence program run by SAS Institute Australia which will merge databases and allow predictive tracking that will make the Cambridge Analytics revelations seem relatively benign.  Body worn cameras, as well as more than 3100 extra police officers are part of the package.  This is all tied up in the Andrews Government’s ‘Community Safety Statement’ which was developed in the context of an Victoria’s ongoing racialised law & order auctions between the major parties.
See also:

Who’s who in Victoria Police

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About the Anti-Mask (Public Order) Laws

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Since our article Anti-Mask Laws proposed in Victoria, was published the Crimes Amendment (Public Order) Bill 2017 has been passed in the Victorian Legislative Assembly and is now law in Victoria.

This article has been updated on 21 June 2018.


PLEASE NOTE: Masks are NOT be banned at all protest events – but ONLY those held in a area that police have declared a ‘designated area’.  (See below for more detail.)


The CRIMES AMENDMENT (PUBLIC ORDER) BILL 2017 was introduced into parliament by the Victorian Attorney General, Martin Pakula to allow “new measures to prevent serious disturbances of public order, including outbreaks of violence at protests, demonstrations and other public events.”

The intense media and public outcry after the clashes between neo-nazi and Antifa groups in Coburg in May 2016 meant that the pressure was on to introduce laws that make it look like the government is doing something about this.

Since then, the rationale for these laws was also conflated with the various outbreaks of youth violence at public events such at the Moomba brawling in 2016.

DESIGNATED AREAS

To understand how these new laws  work you need to understand how ‘Designated Areas’ already work in Victoria

The Chief Commissioner of Victoria Police already has the power to declare a specific area or event to be a ‘designated area’ under the Control of Weapons Act 1990 (Section 10D or 10E) if they believe or assess that there was previous use of weapons in that area or during previous occasions of the event or that they assess that there is a ‘likelihood that violence or disorder involving the use of weapons will occur in that area’.

These ‘designated areas’ were introduced in 2009 to allow police to deal with the perceived rise in youth knife-related crime several years ago, which was disputed at the time.)  Designated areas are now increasingly being used in protest situations.

This provides police with additional powers to search people and vehicles without warrant within that defined area for up to 12 hours.

The new Act provides additional powers for police within those designated areas.

NEW POLICE POWERS

The Act provides additional police powers in designated areas to require a person wearing a face covering to either remove their face covering or leave the area immediately

A police officer who reasonably believes a person intends to use the kind of violent and antisocial behaviour that would constitute one of the new public order offences of affray or violent disorder created by this Act is able to direct a person to leave a designated area.

If the person refuses to comply with this order to leave, they will be committing an offence.

In detail, this Act amends the Control of Weapons Act 1990 with

1) new section 10KA(1) which would allow a police officer to direct a person wearing a face covering to leave a designated area if the person refuses to remove it when requested.

(the police officer must reasonably believe the person is wearing the face covering primarily to conceal his or her identity or to protect himself or herself from the effects of crowd-controlling substances such as capsicum spray)

NEW OFFENCES

The Act amends the Crimes Act 1958 to abolish the common law offences of affray, rout and riot and create new statutory offences of affray and violent disorder (new sections 195H or 195I)

Affray now captures all conduct that currently constitutes the common-law offence of affray. “uses or threatens unlawful violence and whose conduct would cause a person of reasonable firmness present at the scene to be terrified” – Maximum penalty 5 years

Violent disorder, committed when six or more persons use violence for a common purpose, and that conduct damages property or causes injury to a person – Maximum penalty 10 years

If committed wearing a face covering the maximum penalty rises to 7 years for affray and 15 years for violent disorder.

OUR CONCERNS

Any laws targeting protesting can dangerously impinge upon basic freedoms of speech, expression and assembly.

It is important to acknowledge that it is already a crime in Victoria to be disguised with “unlawful intent” under s 49C of the Summary Offences Act 1966 (Vic).

USE OF MASKS AS POLITICAL EXPRESSION

Police already asking people to remove masks at protests. this is likely to increase with these new laws.

The new law means Police become arbiters of expression versus intent to commit violence.

THE RIGHT TO ANONYMITY

“The right to protest should not be contingent on consent to surveillance” – Liberty Victoria.

At times, particularly in circumstances where a protest is about controversial views, maintaining our anonymity may be critical to allowing freedom of association.

If attending a protest necessarily entails intrusive surveillance from the state or the threat of violence from other groups then you cannot really say we have genuine ‘freedom’ of peaceful assembly.

Furthermore, Victoria Police use of Facial Recognition Technology is currently unregulated

MASKS AS PROTECTION

Masks are commonly used at protests to protect attendeees from OC foam (Including journalists, observers, medics etc).

The use of OC, capsicum foam at protests in Victoria has skyrocketed.

It is inevitable that many people in the vicinity including other police, can be severely affected. In some incidents up to 70 members of the public were affected by spray at any one time.

Scarves, goggles, gas masks or handkerchiefs are used by journalists, media photographers, legal observers, street medics or bystanders.

This law now criminalises that practice.

THE Act CONTAINS NO EXEMPTIONS OR PROTECTIONS

Some anti-mask laws in other countries include exemptions for wearing masks for religious purposes, for theatrical productions, sporting events, parades, civil defence drills and protection from severe weather.

Some, but not all, include exemptions for political expression. There are currently no protections or exemptions in current Act.

STATUS IN PARLIAMENT

The Scrutiny of Acts and Regulations Committee (SARC) examined the Bill  and referred it back to Parliament for its consideration on the question “whether or not clauses 6 and 7 (police powers in 10KA(1) etc) are suitable, necessary and proportionate limitations on the implied freedom of political communication.”

The Bill was accented to and is now law in Victoria.


The new Act can be read online here: http://classic.austlii.edu.au/au/legis/vic/num_act/claoa201732o2017432/

Some more detailed critique of the law here:  https://melbourneactivistlegalsupport.org/2017/03/14/anti-mask-laws-proposed-in-victoria/

and http://www.premier.vic.gov.au/new-laws-to-stamp-out-violence-at-public-events/

Last year the Human Rights Law Centre launched a report, Safeguarding Democracy, that documents the unmistakable trend of governments at national and state level steadily chipping away at free speech, a free press, peaceful assembly, open government and the rule of law – some of the foundations of our democracy.

Staying safe: Protective strategies for activists

ActorMap

Knowing how to stay safe as an activist and human rights defender (HRDs) has become ever more important. According to Frontline Defenders, more than 1000 human rights defenders were killed last year alone*, and although many governments have welcomed the UN declaration for human rights defenders, not many have put into place adequate strategies to prevent attacks on activists defending human rights. In many cases, this job is left up to activist themselves on knowing how to stay safe in their work, but depending on resources and lack of training, taking security seriously is challenging work.

Organisations like Protection International (PI) and Peace Brigades International (PBI) work in different countries with HRDs on protective strategies that can lower the chance of attacks and threats. Working together with activists and HRDs, these organisations have built a body of techniques that people can access and apply to their own work.

Here are some quick tips on staying safe in a politically charged world:

  1. Analyse yourself and your surroundings.
    A good context analysis can be an amazing resource for understanding where someone stands in this tectonic shifting world. It helps in being able to take the time to try to foresee potential consequences of actions that are being planned. Sit down, just you or with your collective and start analysing the work you do and who it affects. Who do you affect indirectly? Put it in the context of your community. Has anything that happened locally recently affected the work you do? What about nationally or internationally?
    Start small and then look at the bigger picture.
  2. Who’s who?
    Actor mapping is a great technique in understanding who your allies are, who might be an ally and who definitely is not an ally. Write down the organisations that you know are friendly, then the ones that your not sure about. Finally write down the people you are trying to target with your actions. Its ok to not know where each actor is on the spectrum, gathering more information and completing the actor map is ongoing work. Now you know who you can rely on and who you should avoid.
    Mapping your ‘enemies’ can also help you understand and have an idea of the response they’ll have if you do certain actions.Having your allies mapped out can be very useful when you are in need of support. Creating connections with collectives that can mutually help each other is part of building resilience and solidarity. If you find your self a target of digital surveillance, knowing that a group of friendly hackers are allies can be very helpful. And remember to help out when you can as well.mapping_networks
  3. Incident Register
    Start a security incident register. These are easy and practical in seeing the number of incidents you and your collective have had over a set time frame. These are used widely and help in analysing the type and frequency of threats that people receive. Nothing is to small to register. Someone suspicious outside your meetings? Your phone been calling strange numbers? Saw someone from an opposing group taking photos at a rally? Write them down. It helps to have the time, date, description of what happened, who could have been the perpetrators and who might be the target. Just like everything else, don’t worry about having all the information. Not having information on this at least tells you what you need to be looking for next time.
  4. Support network.
    Communication is vital. Having the numbers of people you trust on your phone can be a life saver. Fostering these connections with allies can make emergencies responses quick and effective. Even just as an individual, putting in the number of trusted allies on your quick dial can help in emergency situations. Just make sure you don’t make it to obvious who they are on the quick dial, in case your phone gets snatched or taken by police. Try memorising important numbers, and if you can’t, write it down in between random numbers on a piece of paper. In some cases, think about having lose change on you to make a call on a public phone, just in case something has happened to your mobile.Calling in on friends and allies can help keep track of your movements and whereabouts, especially if you think you are heading into troubling circumstances. Even in non threatening moments, doing a check in helps everyone feel safe.Having a phone tree for your cause can be very useful to get messages out for a quick response. Tying that in with the actor mapping, you can have a great overview of who are the best people to contact under what conditions. This can lead to a more effective response to emergencies and mobilisations.
  5. Data security
    It’s not all about staying safe in the physical world. Do a quick analysis of the information you work with and see if it could be considered sensitive information. Name, numbers and addresses of activists should be considered sensitive. Remember to consider time frames. Maybe information you have now is not considered sensitive but in a few years it might. Depending on the amount of information you handle that is sensitive, will determine the measures you should take on protecting it. There are great detailed guides on digital security but here is some very quick tips.

    • Try to keep your digital information safe by encrypting your devices. There are great guides out there* on how to do it on all platforms.
    • Next would be encrypting your communications.  On mobile devices Signal Messenger can encrypt your messages to other Signal users, and it’s for free.
    • Email encryption can be more complicated than using signal, but pgp encryption has come along way in being more non tech friendly.
    • Always make backups!
  6. Mental Wellbeing.
    Staying safe is all about looking after yourself, and that includes your mental health. It’s no secret that activism can be hard on peoples mental health, and many have had the all to common burn out symptoms.
    Debriefing and looking for support amongst your allies can help mitigate accumulating feelings of mental uneasiness. Speak to people you feel comfortable with after actions and demonstrations. Try to have an understanding with this person that you don’t necessarily want answers or advice, but instead just want someone to listen and provide empathy.One of the more common consequences of activism work for HRDs is working through fear and stress. Many HRDs fear not only for their own well being, but also of their families and people close to them. Taking the above actions on security is one way to address this fear. If you can analysis and try to understand the threats and potential consequences of the threats, you can at least know you are doing what you can to mitigate the risks.
    A bit of stress is usually a good thing, it helps us from getting bored, but too much of it can be overwhelming. If we are stressed for too long of a time, we can get down and depressed. This is as much about asking for help as it is trying to foster a culture of looking after yourself and one another.

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This is obviously not an exhaustive list, but it’s a start. It’s up to us to start looking at security in a more holistic sense and put into practise techniques that help us do our work better and safely.

Here is a list of great resources on security for activists.
https://holistic-security.tacticaltech.org/
https://protectioninternational.org/training-learning-publications/
http://www.integratedsecuritymanual.org/
https://www.frontlinedefenders.org/en/programme/risk-analysis-protection-planning

*List of resources for digital security.
https://securityinabox.org/en/
https://tacticaltech.org/
https://privacytoolsio.github.io/privacytools.io/

*https://www.frontlinedefenders.org/en/resource-publication/annual-report-human-rights-defenders-risk-2016