Nauru Passes Law Restricting Freedom of Speech
Friday 15 May 2015 @ 10.52 a.m. | Legal Research | Immigration
Australia’s international reputation has been tarnished amidst accusations that the Nauruan Government has breached its international obligations by introducing laws to restrict free speech. This comes after urging from the international community a few years back that Australia should focus on the Pacific region. This latest suppression of free speech coupled with Australia’s existing immigration detention on the island may impose a moral obligation on Australia to intervene.
Background
On 12 May 2015, Nauru justice minister David Adeang presented the Criminal Code (Amendment) Bill 2015 which essentially prohibits language that is threatening, abusive or insulting in nature and has the intention to stir up racial or religious hatred. However, the final Act enacted by parliament also adds “political hatred” as a trigger for violation of the law. Mr. Adeang defends the Act by asserting that the amendment was in the interests of defence, safety, morality and health. He goes on:
"We have to appreciate the constructive critique that comes from our people but as of late, this freedom has been tainted with somewhat vile and tasteless words that have no place in our country and amongst our traditional and Christian values,"
Former Nauru resident magistrate and expelled Australian Peter Law claims that the law was in effect stifling free speech. With a national election slated for August 2016, Mr Law said he was concerned human rights could be further eroded.
Pacific Freedom Forum editor Jason Brown describes Nauru as a signatory to all kinds of treaties and international laws that assure the international community that they’ll respect human rights including freedom of speech. According to Mr. Brown, this Act goes against all commitments.
Effects in Australia
Mr. Brown goes on to say that the law is “not a good look” for Australia who acts as Nauru’s largest aid donor. He says:
"I don't think suppressing freedoms of speech is what taxpayers and developed countries had in mind when they're paying for aid."
A spokeswoman for the Department of Foreign Affairs and Trade said:
"Nauru is a sovereign nation able to establish its own legal framework…Any concerns held by the Australian Government would be raised directly with the government of Nauru.”
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