I was just on the Occupy Melbourne website and to my surprise found I wasn't able to leave a comment there. I found this strange as previously people were able to post comments on occupymelbourne.org. Is this an intentional change, so that people can no longer have a say on that site, or has someone made a mistake somewhere?
I wanted to post the following, which is my letter to the City of Melbourne in relation to 21st October and the eviction on that day. I initially wrote to the ombudsman but was informed by his/her department that I could only go to the ombudsman after I sought redress with the party concerned. I thought I would post it online so others who have not taken any action in response to that day can use it to perhaps make their own claim to the Council. Anyway, this is what I wrote:
"I want to complain about the action taken by the City of Melbourne on 21st October 2011 when it initiated an eviction order on a peaceful assembly of occupiers in the City Square, Swanston Street Melbourne. My concern is that certain rights were breached that day, and the police overreacted to a peaceful occupation of a city square.
I was not a member of the occupation of City Square on that day. I did not receive any notice to move. But that is beside the point. Even if I had of been one of the people occupying City Square on that morning I would have expected my rights to be protected under Victoriann Law.
The law is very specific. According to the Victorian Equal Opportunity and Human Rights Commission I have the right (section 16) to “peacefully assemble.” There is no caveat on that right. It is a right of the highest importance, and one that ought to be overruled only if there are concerns for safety, health, or if other rights are being infringed. There is also a right to “security of person,” (section 21) which states that everyone has the right to freedom and safety.
Each of these two rights were breached towards me on 21st October 2011. I went to the City Square on Swanston Street at approximately 11am, as I had become aware that a peaceful assembly of protesters occupying the city square was being forcefully evicted. I did not attempt to enter the square. I was not served with any notice by any officer of the council. I went to where a group of people were being barred from entry to the square by a line of police officers. There I remained, in peaceful assembly, not doing anything except occupying a space in protest at the forceful eviction that was taking place. I have the right to peaceful assembly and unless there is something to override that right then it ought to be upheld. The right to peaceful assembly, under the Victorian Equal Opportunity and Human Rights Commission, has no caveat, and on its website it states "The Victorian Government, local councils and other public authorities must not knowingly be in breach of these rights, and must always consider them when they create laws, develop policies and deliver their services." The Council is obliged to respect this right. It has no caveat, it does not proclaim that this right to peaceful assembly only exists, for example, between 10am and 4pm, or that it cannot be continuous for several days or weeks for that matter. The equipment and camping paraphernalia was peripheral to this assembly, not necessary to it, but it could be argued that in order to effectively exercise one's right to peaceful assembly then one ought to have the means to do so, which might mean having equipment and structures etc. Nonetheless I had none of these things, and yet the police sought to push me from my place outside of the actual square. Like those people around me I resisted being pushed. I did not push back. I simply stood my ground. I was forcefully grabbed by two officers and dragged away from the other people, and was taken forcefully to the opposite side of Swanston Street, and left there. I was given no order to move on etc.
Eventually i went to where everyone else was gathered on the intersection of Swanston and Collins Street. My right to peaceful assembly had been infringed and I wasn't given any alternative place at which I could exercise my right to peaceful assembly. Like many others that day I did not know what to do.
Eventually the police, on horses, with dogs, with capsicum spray, and with riot police, began forcing us up Swanston street. This is when the second right, the right to safety was infringed. I was being crushed by the police. I feared for my own safety and for the safety of others. I was at the back of the line and spent most of my time trying to prevent myself and others from being physically crushed by the push of the police line whilst we moved to where we eventually stayed for several hours, on the corner of Swanston and Burke Street.
Eventually we were moved from there as well, and then I was endangered in earnest. I was very fearful for some people directly in front of me who were in danger of being crushed. They weren't doing anything except attempt to move according to the directions of the police, but there were very many people in front of us.
It was during this time that th epolice decided that I was a trouble maker. I had not done anything except talk, and part of that talk was to ask the police to hold back a little so that people would not be trampled. I certainly did not engage in any violent action towards the police, I did not push them or provoke them in any way. I was dragged backwards by two police officers and was carried by my shoulders and dragged along the ground for some thirty or forty metres, skinning my buttocks and losing my camera in the process. I suffered injuries to myself during this altercation, and if my safety had not been severely threatened prior to this time it was certainly endangered when I was manhandled by the police on this occasion.
Two of my rights were violated on this day, two rights that the Council of Melbourne is meant to protect. I seek an apology from the City of Melbourne for their actions on this day, for it is the City of Melbourne who initiated the heavy handed police response. I believe the police were only doing their duty, carrying out the will of the Council, but the will of the Council was misdirected, if not illegal. So I require a written letter of apology, and an acknowledgement that people have the right to peaceful assembly in the City Square. I want that right to be acknowledged, and a letter protecting me from police harrassment if I return to the square to protest. Otherwise I will be seeking further redress for my complaint."
Can someone from Occupy Melbourne please tell us why the website is no longer taking comments? Surely you want the wider community to be involved, even if we can't make General Assemblies?
Comments
Re: What is happening with the Occupy Melbourne website?
Hi, we've brought this to the Media Working Group and we're trying to find out why the comments were disabled.
Although it's not much of a compromise, would you mind if I published this letter in the Morning Edition of the #OM Digest (a semi-official newspaper/magazine for Occupy Melbourne - www.omdigest.org ). It will be seen by quite a few supporters and may provide the chance for the discussion you're seeking.
Wil.
Re: What is happening with the Occupy Melbourne website?
Sure.