Random search leads the way for ‘random’ discrimination’
by Ramesh Fernandez and Nawal Ali
The State government is in the process of passing laws that will give Victorian Police unchecked powers to strip search, arrest and detain ordinary Australians. Individuals can also be asked to ‘move on’ in public spaces without due cause. The proposed legislation will violate a host of human rights and is not considered valid under the Victorian Equal Opportunities and Human Rights Commission.
According to the Summary Offences and Control of Weapons Acts Amendment Bill, 2009 the police will able to;
• Search you and your children when they want, this includes strip searches.
• Tell you and your children to move away from public spaces even if you’ve done nothing wrong.
• Fine you and your children for being drunk- even if you are just coming out of a pub on your way home.
• The police will be able to charge you and your children for talking loudly on the street.
This Bill does not address the issue of crime prevention and public safety in an ethical manner and shows that the Victorian State government is seriously failing to address community concerns fairly and honestly. We fear that unmonitored police powers will be used in a way that demeans and targets minority youth who live in over-policed city areas, where the relationship between authority and youth is already strained. Youth antagonism towards police will certainly increase if this Bill is successful as they already face an enormous level of pressure from the police. Problems for youth, especially those from diverse backgrounds, have long existed in society and these laws will only exasperate such tensions.
The lack of consultation with the Victorian public about these laws demonstrates not only an abhorrence to democratic process but also reflects the Victorian Police’s lack of respect for citizens. How can a government claim to have the people’s best interests at heart whilst promoting such draconian methods of ‘policing?’ Are we all now answerable to the Victoria Police force? How will the police powers be regulated to ensure they are not used inappropriately? The truth is that we are all now potential ‘criminals’ in the eyes of the law, especially young people who not white.
RISE strongly believes that there are alternative ways to address the issues of violence and disorder on the streets without resorting to reactionary tactics that will negatively impede upon civil liberties for generations to come. There are far more effective alternatives which have not even been properly explored by the policy makers involved in pushing this Bill through parliament.
We acknowledge that alcohol abuse and drunken violence is the cause and effect of serious social problems for all levels of society - as much in private homes as in public arenas. It therefore makes more sense to allocate public resources into the education and health sectors where professionals can address these problems systematically.
If this Bill was to be passed it would represent an inappropriate use of resources, and raise a myriad of legal and moral issues. We will find ourselves in a frightening new world where police will potentially abuse their power to ‘protect’ our community and in doing do so will target community members who in turn will need protecting from the police.
Recently the Victorian police has conducted two major random searches in Footscray and North Melbourne, where significant numbers of residents are from refugee and migrant background. Clearly they have defined these communities as ‘problem‘ and have ramped up the pressure on them. A twelve year old boy was searched. Police used hand held metal detectors to swipe over people’s bodies. Have similar searches been conducted in other areas where violence is common; such as the Crown Casino precinct? Or is there no ‘problem’ there?
Refugee Survivors and Ex-detainees
Level 03, 247 Flinders Lane, Melbourne, 3000
www.riserefugee.org
admin@riserefugee.org
#victoria #police #random search #control of weapons act #Human Rights Commission #Victorian Equal Opportunities
