2014-12-16

Adelaide City Council in Australia violates internationally recognised human rights, but appears to not contravene Australia’s constitution; Australia has no Bill of Rights, and Australian law effectively do not protect against infringement of religious freedoms or the freedom of speech. Adelaide City Council restricts the fundamental human right to freely distribute Christian literature in public. Adelaide City Council controls basic human freedoms on all public property through a permit-application process with a required liability insurance of 20 million Australian dollars.

(http://www.adelaidecitycouncil.com)

Adelaide City Council in Australia, through its bye-laws and praxis, violates the Universal Declaration of Human Rights. Adelaide City Council does appear, however, to lawfully violate universally accepted human rights in alignment with the Australian constitution; which does not legally protect people in Australia against infringements of basic human rights – such as the freedom of speech or the freedom of practice of religion.

Australia might be the only Western democratic country in the world with neither a constitutional nor federal legislative bill of rights to protect its citizens. Australian people, by lack of law, are not free. The fundamental human rights are not protected in law in Australia, and therefore Australian citizens are easy targets for potentially subversive governments. To large extent by deficiency of legal protection of rights, Australians people can freely be abused by its governments and by private actors.

The Adelaide City Council legislature contradicts the Universal Declaration of Human Rights through its municipal by-laws.

·          Universal Declaration of Human Rights: http://www.kyrkor.be/Universal-Declaration-of-Human-Rights.pdf

·          Constitution of Australia: http://www.kyrkor.be/Australian-Constitution.pdf

·          Adelaide City Council bye-law for use of public property: http://www.kyrkor.be/Adelaide-City-Council-street-permit-Policy.pdf

·          Adelaide City Council application for use of public property: http://www.kyrkor.be/Adelaide-City-Council-street-permit-Application.pdf

The Commonwealth of Australia Constitution Act does encompass a vague clause of prohibition of the free exercise of any religion, but according to some lawyers, this clause has no legal significance for the protection of religious freedoms and rights.

116.  The Commonwealth shall not make any law for establishing any religion, or for imposing any religious observance, or for prohibiting the free exercise of any religion, and no religious test shall be required as a qualification for any office or public trust under the Commonwealth.

The Adelaide Town Hall of Adelaide City Council only displays one flag on its building structure. Adelaide City Council Town Hall does not display the Australian national flag. Neither does Adelaide City Council Town Hall display the State of South Australia flag. Adelaide City Council Town Hall does not even display the Adelaide City Armorial Flag (the Armorial Flag integrates a cross!). The one and only flag which Adelaide City Council flies on its Town Hall building structure, is the LGBT Pride Flag.

Photo of Adelaide Town Hall entrance: http://www.kyrkor.be/Adelaide-City-of-satan-Council-Town-Hall-2014-12-02.jpg

Photo of Adelaide Town Hall building: http://www.kyrkor.be/Adelaide-City-of-satan-Council-Town-Hall-FLAG-141202.jpg

In the beginning of December, 2014, I entered Adelaide Town Hall and inquired with the Adelaide City Council staff at the Town Hall reception counter, why only the rainbow flag was mounted on their Town Hall building, to which the Adelaide City Council staff replied that their choice of flag is to show support for Gay Pride and equality.

By symbols of flags and by confession of Town Hall staff, Adelaide City Council promotes homosexual sin. Through its bye-laws, Adelaide City Council deliberately counteracts the basic Christian freedom to publicly impart information about Biblical Christianity.

In a recent poll published in a newspaper in Adelaide, approximately 65% of the population of the State of South Australia favoured decriminalisation of prostitution, and approximately the same 65% of South Australia’s population favoured legalisation of homosexual marriages.

It is not difficult to identify contemporary Adelaide as, not at all a city of churches, but as a city of satan. It would be more correct to refer about contemporary Adelaide as: “Adelaide – city of satan.”

The email dialogue with Adelaide City Council, and with lawyers, is read chronologically from the bottom upwards beneath, with the most recent email at the top.

----- Communication with lawyers -----

Dear Mr Nenzén

I refer to your recent emailed correspondence.

You have raised concerns regarding the actions of local goverments and the dissemination of Christian information in public areas.

Religious discrimination

For your information, the Commission can investigate allegations of religious discrimination in employment or occupation or against the Commonwealth, as defined under the Australian Human Rights Commission Act 1986 (Cth) (the AHRCA).

Under the AHRCA, religious discrimination means any distinction, exclusion or preference made on the basis of religion that has the effect of nullifying or impairing equality of opportunity or treatment in employment or occupation.

However, your concerns do not appear to relate to employment or occupation for the purposes of our laws.

Further information about religious discrimination in employment or occupation can be accessed at: http://www.humanrights.gov.au/human_rights/religion/religious_guidelines.html

Human rights breaches

Section 11 of the AHRCA sets out the functions of the Commission. Under section 11(1)(f), the Commission has the function to inquire into 'any act or practice that may be inconsistent with or contrary to any human right'.

A 'human right' is defined in section 3 of the AHRCA as 'the rights and freedoms recognised in the Covenant, declared by the Declarations or recognised or declared by any relevant international instrument'.

An 'act' is defined as an act done:

( a ) by or on behalf of the Commnowealth or an authority of the Commonwealth;

( b ) under an enactment;

( c ) wholly within a Territory; or

( d ) partly within a Territory, to the extent to which the act was done within a Territory.

A 'practice' is similarly defined.

For completion’s sake, an 'enactment' is defined as 'a Commonwealth enactment or a Territory enanctment' and 'Territory' is defined as not including the Australian Capital Territory or the Northern Territory.

On this basis, the Commission is only empowered to consider claims of breaches of the international conventions scheduled to the AHRCA with reference to an act or practice done by or on behalf of the Commonwealth.

As your concerns relate to local government bodies, it would appear that the Commission’s Investigation and Conciliation Service may be unable to consider your concerns.

Referals

For concerns about local council administrative actions or decisions, it may be better to contact the relevant State or Territory Government Ombudsman. You can find a directory of the Government Ombudsmen throughout Australia at: https://www.ombo.nsw.gov.au/complaints/links

If you have not already done so, you may also wish to seek free legal advice from Legal Aid (http://www.nationallegalaid.org/) in your state or territory or your nearest community legal centre (www.naclc.org.au) with respect to your options.

Should you have any further queries, please advise by return email or call our National Information Service on 1300 656 419.

Kind regards

Lani Westcott

Complaint Information Officer

National Information Service*

Australian Human Rights Commission

Level 3, 175 Pitt Street, Sydney NSW 2000

GPO Box 5218, Sydney NSW 2001

T 1300 656 419 F +61 2 9284 9611

E infoservice@humanrights.gov.au W www.humanrights.gov.au

Human rights: everyone, everywhere, everyday

Australian Human Rights Commission.

To whom it may concern,

Please confirm receipt of my enquiry regarding Adelaide City Council violation of Human Rights, with a case number. Please also respond to my enquiry to the Australian Human Rights Commission regarding Adelaide City Council.

Thankful for a prompt response from the Australian Human Rights Commission.

Best regards,

Torsten Nenzén

Email to:  switch@lsc.sa.gov.au

ATT:  BIANCA C.

RE:  Appointment 24/11/14 @ 9:00 AM  Torsten Nenzen

Legal Services Commission.

Dear Bianca C.,

Can you please provide legal advice and information regarding Australia’s legal framework for protection of religious freedoms and rights from the Constitution of Australia, the Bill of Rights, and the UN Declaration of Human Rights.

Can you please advise me regarding Australia’s application/interpretations of these fundamental and universal human rights relating to religious expression; specifically the right to public impartation of religious information (in this case a written medium).

It appears that South Australia and Adelaide City Council might be in breach of at least the Universal Declaration of Human Rights in its restriction/limitation of these fundamental religious rights. It seems that Adelaide City Council contradict expected religious freedoms, by imposing government limitations (through a fee, a permit-process, and a 20M AUD liability insurance) on this basic freedom of religious expression (evangelism). Adelaide City Council regulate/restrict/prohibit these religious freedoms not only to a limited minority proportion of public property (ex. restrictions confined to a pedestrians-only block of a street), but Adelaide City Council subjects ALL public areas within Adelaide City and its regions to the same restrictions/prohibitions by a Council permit process, a Council fee, and a mandatory 20M AUD liability insurance.

I believe that Adelaide City Council has gravely overstepped its legal jurisdiction in its total disregard for the internationally accepted universal human rights of the UN.

Am I required to apply for a City Council permit and pay a fee and be personally insured for 20 million Australian dollars in order to respectfully hand-deliver to members of the public within public space Biblically correct information about the person Jesus Christ, within Adelaide and the State of Sough Australia?

Or, is Adelaide City Council in breach of the UN Declaration of Human Rights, the Constitution of Australia, and the Bill of Rights in their requirement of all Christians to apply for a permit, pay permit fee, and to be liability insured by 20M AUD towards the municipal government?

Best regards,

Torsten Nenzén

Australian Human Rights Commission.

To whom it may concern,

Can you please provide information regarding Australia’s legal framework of religious rights and freedoms. Please provide either a link to an online copy, or an attached pdf copy, of the Constitution of Australia and the Bill of Rights, and specifying which sections of these (and other) Australian legislations which pertain to the religious freedoms and rights.

Also, can you please advise to me regarding Australia’s application/interpretations of these fundamental and universal human rights relating to religious expression; specifically the right to public impartation of religious information (in this case written medium).

It appears that South Australia and Adelaide City Council might be in breach of at least the Universal Declaration of Human Rights in what seems to contradict expected religious freedoms, by imposing a fee and a permit-process of government limitations on this basic freedom of religious expression (evangelism):

a) http://www.adelaidecitycouncil.com/city-business/business-responsibilities/permits-licences-for-business/busking

b) http://www.adelaidecitycouncil.com/assets/Policies-Papers/docs/POLICY-street-permit-guidelines-mar-2013.pdf

Am I required to apply for a City Council permit and pay a fee in order to respectfully hand-deliver to members of the public within public space Biblically correct information about the person Jesus Christ?

Thankful for a timely ASAP response from the Australian Human Rights Commission.

Best regards,

Torsten Nenzén

Communication with Adelaide City Council ---

Hi Torsten,

Thanks again for your email. To obtain Public Liability Cover you will need to source it yourself from a company/broker who can provide it to you. There are many different options available however Adelaide City Council are unable to recommend any specific companies to you. The cost of your cover will depend on which company/broker you choose.

I’m sorry that I can’t answer your questions specifically.

Regards,

Adelaide City Council.

Hello Anthony Hibbert,

I do not have a public liability insurance, that I am aware of. Which person, company or government authority provides copies of such certificates? Does the attaining of such certificates cost money? How much does such a certificate cost?

A copy of your current Certificate of Currency for your Public Liability Insurance showing you have a minimum of $20 Million AND noting Adelaide City Council as an ‘Interested Party’.

Also, within which legal framework are you requiring Christians to provide a public liability insurance of 20M AUD in order to impart information about Jesus Christ in Australia?

Regards,

Torsten Nenzen

Dear Torsten,

Thank you for your email enquiring about the posibility of handing out your literature. Pleasefind attached an On Street Activities Permit Application Form for your convenience. You can also access this form online at: http://www.adelaidecitycouncil.com/city-business/business-responsibilities/permits-licences-for-business/on-street-activities. With this form, please supply the following:

-          A copy of your current Certificate of Currency for your Public Liability Insurance showing you have a minimum of $20 Million AND noting Adelaide City Council as an ‘Interested Party’.

Please note that all paperwork should be submitted at the same time as one application, and be received by us no later than 2 business days prior to when your activity is due to commence.

Also, here’s a piece of information directly out of the Street Permit Policy that explains how we are empowered to issue permits for this activity: “The purpose of the Street Permit Policy is to provide a policy framework for the Adelaide City Council that supports a vibrant city of streets that are welcoming and safe and that attract people to visit and return.  The Local Government Act 1999 provides the legislative basis for the enactment of By-Laws. Council will exercise its powers as appropriate under the By-Laws to support this policy.

Activities that Council may manage on streets include busking, pamphlet distribution, preaching and pedestrian advertising.  This policy also provides the framework for similar activity (excluding events) in city squares and Park Lands.”

If you have any further queries, please don’t hesitate to contact me.

Regards,

Adelaide City Council.

To whom it may concern,

I intend to respectfully offer written information about the Biblically described person Jesus Christ through leaflet distribution to pedestrians on sidewalks in Adelaide in November 2014.

I have read the Adelaide City Council information on:

a)  http://www.adelaidecitycouncil.com/city-business/business-responsibilities/permits-licences-for-business/busking

b)  http://www.adelaidecitycouncil.com/assets/Policies-Papers/docs/POLICY-street-permit-guidelines-mar-2013.pdf

In context of the United Nations Declaration on Fundamental Human Rights, am I required by law or any council decision to apply for a permit/license to distribute leaflets promoting the Christian faith, standing on public sidewalks in Adelaide? Are there particular areas of Adeaide with restrictions for person-to-person distribution of tracts promoting the Christian faith?

I will use no infrastructure, and no PA system, and no shouting. I will individually and respectfully offer to people flyers (cards). In personal conversations with members of the public I will answer questions about Biblical Christianity which individuals might ask, and I will pray together with those individuals who request from me that I pray with them.

If a permit/license is required by any local government authority for distribution of Christian information in the public, then please inform me about the legality of such a restriction in context of the Declaration of Human Rights, and inform me of where to download an application form, and the email contact to whom I should send the application.

There would be no obstruction to pedestrians or traffic. I also ensure there shall be no permanent litter on the ground, as I will regularly pick up any inappropriately discarded card within my visibility, and by concluding with a thorough walk along neighbouring streets to pick up any inappropriately discarded card.

Please inform me of any municipal requirement of permit or restrictions that do not contradict internationally recognised Human Rights in relation to freedom of religious expression and opinion.

Thanks.

Best regards,

Torsten Nenzén