[Marxism] Flag-burning and civil liberties in NZ

[Philip Ferguson <plf13@xxxxxxxxxxxxxxxxxxxxxxxx>]

The burning case of civil liberties under attack


Below is an account written by Paul Hopkinson, a prominent figure in the 
Anti-Capitalist Alliance in NZ, about his case as the first person 
charged under the Desecration of the Flag law brought in by the National 
government in 1984 but not enacted until Labour prosecuted Paul earlier 
this year.


. . . . . . . . . . . . . . . . . . . . . .

In March this year I was the first person charged with ‘Desecration of 
the Flag’ under a law brought in by Muldoon in 1981, in response to the

anti-apartheid/anti-tour protests of that year. I was initially charged 
with ‘Obstruction’ as I left the protest and had the additional charges 
of ‘Desecration of the Flag’ and ‘Criminal Nuisance’ added few days 
later. Five others werealso arrested at that protest and are part of 
numerous arrests that have been carried out against anti-war protesters 
in Wellington and in particular organisers of Peace Action Wellington (PAW).

PAW is an organisation made up of different groups and individuals 
including members of the Ant-Capitalist Alliance (ACA) and has been one 
of the most active and militant anti-war groups in the country.  PAW has 
continued to focus on and target Helen Clark and the Labour Government 
for their ongoing involvement in the ‘War on Terror’ and the war on 
Iraq. In following this policy PAW has become the most arrested anti-war 
group in the country.  People have been arrested on the most spurious 
charges, including disorderly behaviour for writing on the footpath with 
chalk or, in the case of Jared Phillips (another ACA member and PAW 
activist), for throwing a handful of mulch at John Howard’s car.

This harassment of members of PAW has not stopped with their arrests but 
has continued with many protesters having onerous bail conditions put on 
them.

In my case and that of fellow protester Mark Eden, the police tried to 
seek bail conditions which breached the Bill of Rights by having us 
banned from taking part in further protests. When this was thrown out 
for breaching our rights the police then tried to seek a non-association 
order on us. (Non-association orders were brought in to stop known gang 
associates from continuing to organise and commit crime while out on 
bail.) In our case, this order would have meant that if one of us took 
part in a protest the other would not have been able to attend. The 
judge amended the bail conditions and refused the police the order but 
still bailed us to their (should this be our?) specific residential 
addresses.

The Bill of Rights is supposed to ensure the basic rights of all New 
Zealanders but, unlike a constitution which stands above all laws, our 
bill of rights was tacked onto the bottom as an after thought. The only 
way to increase the legal standing of these rights in law is to beat 
charges that infringe on our rights and create new case law that 
elevates and strengthens our rights, while understanding that only mass 
pressure can guarantee our ability to actually use these rights.

All of this is why I and the ACA thought it was important to fight these 
charges in court, even though it was possible to win the case on a 
technicality.

The legislation on desecration of the flag makes it a political crime 
that requires the police to get the signature of the Attorney-General 
(at present Margaret Wilson) before they lay the charge. In this case it 
was not until the defence pointed out that the police had not sought her 
signature that they obtained it. Wilson, who is a Labour Party 
appointment, had no problem signing off on this oppressive twenty 
two-year-old Muldoon law. This is no surprise, as Labour has no problem 
supporting other oppressive Muldoon laws like the Samoan Citizenship 
Law, a racist measure that stripped many Samoans of their New Zealand 
citizenship.

In countries that have constitutions, like Australia and even the United
States, the right to freedom of expression is often a little more protected.

In Australia during the anti-war protests some students burnt an 
Australian flag and were charged with endangering the public, as there 
is no specific flag burning charge. (It is a similar charge to the 
criminal nuisance charge that I faced.) The judge threw the case out 
claiming it contravened the right to freedom of expression enshrined in 
the Australian constitution and said the police were trying to 
criminalise legitimate protest action.  Even John Howard has said he 
opposes making burning the Australian flag a criminal offence.

The flag burning case also has a parallel in US law. In a landmark case, 
Texas v. Johnson, in 1989, the US Supreme Court ruled that flag burning 
is a protected form of political expression under the Constitution. 
Coming out of an actual revolution, the US constitution, while by no 
means securing full freedom of expression, can be used to help defend 
the rights of protesters.

Judge Noble has not yet come back with his sentence on my flag burning 
conviction or Jared Phillip’s disorderly behaviour conviction. It has 
already cost Jared and I two weeks wages in time off work to attend 
court. Thanks to the continued free legal representation of law lecturer 
Antony Shaw and lawyer Mark Lillico, the ACA, Jared and I are appealing 
these verdicts. When the sentences come they will hopefully be put on 
hold while we go through the appeals process.


Paul Hopkinson is a leading figure in the Anti-Capitalist Alliance in 
Wellington. He stood as an ACA candidate in Mana (Porirua) in the last 
general elections.



Further crackdowns:


There have been increased attacks on civil liberties in New Zealand 
during the anti-war protests and the Government has increased its powers 
to oppress people in recent times. The biggest attack on civil liberties 
legally in this country has been the implementation of the Terrorism 
Act. One of the most frightening things about implementation of this Act 
has been the Labour Government’s willingness to use its powers.

The treatment of Algerian refugee Ahmed Zaoui shows how flimsy 
protection of basic rights are in New Zealand. Mr Zaoui was seized and 
imprisoned when he arrived in New Zealand seeking asylum as a political 
refugee. He spent 11 months in solitary confinement before public 
opposition forced the authorities to lift the isolation. He remains in 
prison, however, without the state even disclosing what their case is 
against him, so his lawyers have to act without even a simple summary of 
the alleged evidence that the Security Intelligence Service (SIS) has 
against him.

Bruce Hubbard, an activist in the Auckland anti-war coalition Global 
Peace and Justice, has been charged for misusing a telephone and faces 
having his computer seized under powers in this new legislation for 
allegedly sending an email containing factual information about US 
foreign policy to the US Embassy. Hubbard denies sending the email.


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