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Attacks on community voices

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“Independent activity, involving at times, opposition to the State, is not opposed to democracy. It is essential to it. Democracy resides in participation in organisations, in the publicity of struggle.” - the philosopher John Anderson quoted by Joan Staples.

Under the previous Howard Government, there were many attacks on community voices, especially on bodies that act as advocates for the environment, the disadvantaged or the community. These attacks, seemingly driven by the wish to silence dissent or by ideological bias, threatened freedom of speech and the maintenance of a vigorous civil society, both corner stones of democracy.

Many distinguished writers and thinkers have stressed the importance of civil society to the healthy operation of democracies. The non-government sector consistently speaks out for the forgotten, for the poor and needy, and for the fate of future generations faced with environmental change. In its diversity, non-governmental organisations (NGOs) speak for a myriad of community interests that would otherwise have no voice. Many of the larger organisations are also representative of extensive networks of opinion.

In recent years there have been increasing attacks on community voices. The Australia Institute surveyed 300 NGOS, finding that nearly all believed that their futures were on the line if they crossed the Howard Government (Hamilton & Maddison, 2007). These attacks took a dismaying number of forms including:

  • Defunding - Several peak bodies had their funding taken away because of their criticism of government. Some of the bodies defunded represent the poorest, most disempowered Australians. As a consequence, some have disappeared (Staples, 2005);
  • Replacement of general infrastructure funding with agreements requiring prior disclosure of any criticism of government;
  • Devolution of services to non-government bodies and purchaser/provider agreements with confidentiality clauses preventing any public comment on issues covered under the agreements;
  • The fear of loss of funding if the organisation criticises government;
  • Tax threats which have taken the form of:
  • -     The possibility of future Australian Tax Office rulings against the tax deductibility of donations to non-government bodies involved in advocacy; and
  • -     New legislation: Initially a draft Charities Bill and subsequently a draft Electoral and Referendum Amendment Bill, which would require disclosure of more than $10,000 on certain categories of ‘political expenditure’, a measure which would lead to much more intense scrutiny of non-government bodies and possibly to the loss of tax deductibility for donations supporting very broadly defined public activities;
  • Rewards for compliance with government policies;
  • The creation by the federal government, with funding support, of a new coordinating GONGO (government organised non-government organisation) despite the existence of the National Roundtable for Nonprofit Organisations, a peak body which has much wider representation and has been working very effectively;
  • A commission (without any tender) to the Institute of Public Affairs (IPA), the most virulent critic of non-government bodies, to carry out an audit of NGO activities.

It is an irony that the non-government organisations that have been targeted for attack continuously provide help and useful information to government. Ministers and the bureaucracy would be poorly served without this assistance.

An important step to rectify this situation was taken by the Rudd government early in its term. In January 2008, Julia Gillard announced the removal of gagging clauses in government contracts with charities and community organisations. Under the Howard Government, these contracts required that NGOs give government their media releases before they issued them. The removal of gagging clauses restores the community sector’s freedom to comment on policies and programs and release research on social issues.

Some corporations are attempting to silence opposition to their activities through legal action. For example, Gunns Limited, the biggest native-forest logging company in Australia, has issued SLAPP writs (Strategic Lawsuits Against Public Participation) against those advocating the cessation of logging in certain parts of Tasmania. Gunns has issued a writ for $6.9 million against three environmental advocacy organisations and 17 environmental activists claiming that they have damaged Gunns’s business and reputation (see http://www.gunns20.org). It should be noted that 25 states in the US have introduced specific anti-SLAPP writs legislation to prevent such actions. In states without legislation there is still greater protection against these writs than in Australia because of the existence of a bill of rights in the US constitution.

 

Sources:

Hamilton, C., & Maddison, S. (Eds.) (2007). Silencing Dissent: How the Australian Government is Controlling Public Opinion and Stifling Debate, Crows Nest, N.S.W: Allen & Unwin.

Staples, J. (2006). “NGOs out in the cold: The Howard Government policy towards NGOs”, http://democratic.audit.anu.edu.au/papers/20060615_staples_ngos.pdf

 

 

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