Darwin, Australia:

The Announcement in May by the Northern Territories Martin Government that the Orwellian Public Order and Anti-Social Conduct Act (2001) would soon be repealed didn’t come as a surprise to human rights activists in the NT. Territory Labor voted against the legislation when it was rushed through the Legislative Assembly by Denis Burke’s CLP in 2001.

Why did Labor vote against the legislation?

Was it because the legislation would manifest itself against the "long-grass" (Aboriginal) community, users of illicit drugs and young people? Was it because the legislation gave NT Police massively increased powers?

The short answer to those questions is no. During debate on the bill in the NT Parliament, then Deputy Opposition Leader, now Deputy Chief Minister Syd Stirling, clearly outlined Territory Labor’s position.

Labor opposed the legislation for two reasons, neither of these were related to the discriminatory and draconian nature of the bill.

The first reason was simple. The NT Police already had wide-ranging powers under the Summary Offences Act, the piece of law that is used when the Police can’t find another reason to arrest or move on a person.

The Summary Offences Act is used against the local "long-grass" community, young people and even political activists in the NT. "Failing to cease to loiter" and "Unreasonably causing substantial annoyance" are two police favourites.

Syd Stirling’s argument was that the Public Order Act was unnecessary because the NT Police already had most of the powers under the Summary Offences Act. All except putting a sign outside your house, bar or nightclub – "Anti-Social".

Labor’s second reason for opposing the Public Order Act was that they didn’t think that it was harsh enough on users and dealers of currently illicit drugs.

Labor actually moved amendments to the bill, trying to introduce a "drug house" category. Denis Burke’s CLP voted against these amendments, knowing that with their Public Order Bill, any "drug house" could easily be labelled an "anti-social" house, and subject to regular searches by Police Officers, without warrants.

So what does Labor’s promise to repeal the Public Order Act mean?

Nothing. As stated previously, the NT Police already have wide-ranging powers to harass and intimidate members of the public under the Summary Offences Act, and this Act is not being repealed by Clare Martin’s Labor government.

As promised to the electorate, the NT government have introduced "drug house" legislation to Parliament before they repealed the Public Order Act. This "drug house" legislation has been condemned by a diverse range of organizations and individuals.

Including veteran NT activist Col Friel, the Network Against Prohibition (NAP), the Top End Users’ Forum (TUF), the NT Greens, People Against Racism In Aboriginal Homelands (PARIAH), the NT Criminal Lawyers Association and local political parties. Sadly, the Australian Democrats have remained silent on this issue.

In the recent Darwin Lord Mayoral election the fledgling Socialist Alliance NT Branch ran on a platform of "Legalise Drugs", getting over 1000 votes. A recent poll by the Murdoch rag the "NT News" showed that 80% of Territorians thought that the Martin government was targeting the wrong people in relation to Cannabis.

This grass roots support for drug law reform has been reflected nationally and internationally. Annie Madden, Executive Officer of the Australian Injecting and Illicit Drug Users League (AIIDUL) has described the Northern Territory Government's new drug legislation as "Nazi-type labelling" and the Network Against Prohibition, the organization leading the campaign against the legislation, have received messages of support from around the globe.

So who is the NT Police State targeting?

It is clear that users’ of illicit drugs will be targeted by Police. Even before the "drug house" legislation has been enacted, the NT Police Service has developed a special taskforce consisting of Drug Enforcement Unit officers and members of the paramilitary Territory Response Group.

Another section of the community that would have been invariably discriminated against by the Public Order Act is young people. Like drug users and "long-grassers", young people have an already high level of street-based contact with Police Officers and this would have been increased under the CLP regime.

Unfortunately, the repeal of the CLP’s Public Order Act will mean nothing for young people. The Martin Government has made it clear that it will implement a curfew for young people, coupled with a youth night patrol that will "escort" young people to a "safe house."

Deputy Chief Minister and Education Minister Syd Stirling has also flagged the possibility of penalising parents whose children truant despite the fact that there are no alternative education programs available in the Greater Darwin area.

And for the "long-grass" community, nothing has changed. 'Long-grassers" will still be hassled and fined by Council workers as it is still a crime according to Darwin and Palmerston City Council’s by-laws to sleep outdoors.

They will still be subjected to daily persecution and harassment by the Police and by Mission Australia’s Night Patrol service, a service that is no longer controlled by the local Aboriginal community.

Larrakia elder and respected indigenous rights activist June Mills has said that the night patrol, an important service, initiated by the local indigenous community has been returned to the Mission days.

And everyone, drug users’, "long-grassers" and young people will all still face the wrath of the Summary Offences Act and the Magistracy of the Northern Territory.

The repeal of the Public Order Act is a another charade, aimed at appeasing the middle class liberals in the NT and beyond and to pretend that the Territory Labor party is more progressive than the Country Liberal Party.

Their first charade was the supposed repeal of mandatory sentencing in the Territory. Drug users still face mandatory sentences under the Misuse of Drugs Act, and as pointed out by Justice Minister and Attorney-General Peter Toyne, most people found guilty of an "aggravated" property offence since the abolition of mandatory sentencing have been jailed. Some for longer than they would have under the CLP regime.

It is clear that the Martin government and Territory Labor are out on a vote winning exercise, and that they are not committed to addressing the real issues facing the people of the Northern Territory; the inherent racism, corruption and nepotism.

Labor will continue the CLP’s "blame the victim" approach, and possibly refine and perfect it, to the detriment of the whole community.

For further info see NETWORK AGAINST PROHIBITION - (NAP) NT - END THE WAR ON DRUG USERS and http://www.country-liberal-party.com/