ABC Reports on Restrictions of Free Speech in Australia during PRC Official's Visit

(Transcript from The World Today - Monday, September 16, 2002 12:20 by an independent transcription service)

JOHN HIGHFIELD: Well, the moves by the Federal Government to inhibit protests during the visit of Li Peng are being met with concern over the implications for free speech across Australia. Canberraians were surprised to see the unusual presence of uniformed police and protective service officers on practically every street corner and intersection last night, all the way from Canberra airport into the Chinese Embassy zone when Mr Li and his entourage were driving through.

At least well-known groups say they've been contacted by the Federal Police, to ensure their protests don't contravene the laws designed to protect the dignity of visiting VIP's, but they say while they respect the right of the Federal Government, to invoke the Diplomatic Privileges Law, they will definitely not be deterred from getting their message across.

Tanya Nolan reports.

TANYA NOLAN: His name may not be well-known in Australia, but his legacy most certainly is.

SOUND EFFECTS, GUNFIRE.

VOICE OVER: The Beijing massacre; unarmed civilians being gunned down by the People's Liberation Army.

TANYA NOLAN: It's little wonder that a visit by the man who sent troops into Tiananmen Square in 1989 would attract protests from groups like the Australia Tibet Council.

Executive officer, Paul Burke:

PAUL BURKE: He didn't earn the title 'Butcher of Beijing' by being a nice man, and if we want to send a message to China about the importance of human rights, particularly in the run-up to the 2008 Olympics, then we shouldn't let people this this, you know, their past history go unremarked.

TANYA NOLAN: It may also surprise few that the Federal Government would invoke the laws it drafted in response to the 1961 Vienna Convention, which regulate the privileges and immunities to which diplomatic missions are entitled. But what is surprising to Senior Lecturer in Law at Sydney University, Ross Anderson, is that the Government is invoking its rarely used 'special duty' under the convention to protect the dignity of diplomatic missions. And Mr Anderson points to the best-known application of that law, to curb anti-Indonesia protests in 1991.

ROSS ANDERSON: They placed a large number of white crosses on the grass verge next to the footpath outside the Embassy of the Republic of Indonesia in Canberra, and the Commonwealth Government, through the Department of Foreign Affairs and Trade, sought the removal of those crosses on the ground. It said that Australia would otherwise be in breach of its obligation under the Vienna Convention to protect the dignity of a diplomatic mission.

TANYA NOLAN: This time the Government is preparing to invoke the law to limit protests over Li Peng's visit by groups like Falun Dafa, also known as Falun Gong, but spokesman John Deller says Li Peng has little to fear for his dignity from Falun Dafa here in Australia.

JOHN DELLER: We don't really have any planned appeal to Li Peng while he's here, although some individual practitioners may wish to pass him a letter of concern for what's happening.

TANYA NOLAN: However, John Deller has fears for freedom of speech, which he says will inevitably be impacted upon with the use of such powers.

JOHN DELLER: It's a restriction that we -- it doesn't really seem to fit in with the freedoms of association, belief and expression that we enjoy in Australia. So, we would like to be able to hold our banner, at least saying Truthfulness, Compassion and Forbearance at the Chinese Embassy. We feel that's reasonable, while we do understand Australia's obligations under the Vienna Convention.

TANYA NOLAN: And the Australia Tibet Council's Paul Burke, is more critical of how such powers are often applied.

PAUL BURKE: As long as you're protesting, we're assured that peaceful colourful, loud demonstrations are okay. And then on the other hand, you have things like not only the confiscation of loud hailers, but ridiculous things like the parking of buses in front of demonstrators. I understand these people have to be protected, but they don't have to be protected from embarrassment.

We argued that our engagement with China will help bring about democracy in China, and I think part of that, if that's to have any truth to it. These people need to be exposed to what happens in a democracy -- that people can express their disapproval of their behaviour when they come here.


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