How old should I be when I get arrested for climate protesting? I'll tell you why this is on my mind, with the alarm bell of the final IPCC report clanging in my ears.
I have been contemplating the charges laid on February 1 against nine Queenslanders with an age range of 20 to 81-years-old who smuggled anti-coal banners and a camera into Queensland parliament.
In November 2022, the group unfurled their banners over the railing overlooking the chamber during question time and chanted "stop coal, stop gas" for three minutes before being removed by security.
I was shocked this group has been charged with disturbing the legislature under section 56 of the Queensland Criminal Code 1899, which carries a maximum three-year jail sentence.
One of the group charged, Lee Coaldrake stated: "What we have in common is a belief in the science and also we're terrified about what the future holds for our children and grandchildren."
Were there other ways this group could have achieved the urgent sustainable change they were seeking? Is getting arrested the only meaningful way to achieve intergenerational justice?
There is no jurisdiction in Australia that secures the rights and wellbeing of future generations in law or policy, or requires the ethical stewardship of resources over time. Into this vacuum, school students are marching, nannas are knitting to save the Pilliga, parents are creating climate action platforms, First Nations elders are taking mines to court.
Globally there are movements like Fridays for the Future or the Third Act group for "experienced Americans" over 60 trying to provoke urgent change. Climate impacts throw this gap of long-term planning and decision-making into stark relief but there are many other policy domains, youth policy, urban planning, education, or closing the gap for First Nations Australians, which have an innately intergenerational impact.
Should we all start saving up for bail or are there other measures we can take?
I am part of a diverse coalition of experts called EveryGen who have surveyed global practice and settled on the Welsh Wellbeing of Future Generations Act 2015 as a great model for Australia.
The Wellbeing of Future Generations Act has real teeth as it requires public bodies in Wales to think about the long-term impact of their decisions, to work better with people, communities and each other, and to prevent persistent problems such as poverty, health inequalities and climate change. Wales has created the role of Future Generations Commissioner and the role is already making a visible difference after the first seven years.
What's the Act do?
The Welsh Act creates a Wellbeing Duty that all public bodies will be expected to carry out by law.
Each public body must carry out sustainable development. The sustainable development principle means the government must act in a manner which seeks to ensure the needs of the present are met without compromising the ability of future generations to meet their own needs.
Just let that sink in. Sounds pretty reasonable hey?
The action a public body takes in carrying out sustainable development must include setting and publishing wellbeing objectives that are designed to maximise its contribution to achieving each of the wellbeing goals, and taking all reasonable steps in exercising its functions to meet those objectives.
This means each public body listed in the Act must work to improve the economic, social, environmental and cultural wellbeing of Wales.
Not just now, or in a few months, but with a much longer time horizon than the next election.
What happens if we don't act?
I don't want to get arrested, I am a lawyer and a law-abiding soul. But the urgency is building and I am also scared for my children and my children's children. We need a Future Generations Act in the next term of government and the time is now to pressure our representatives and create different futures.
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