Yesterday, just over three weeks into Melbourne’s second lockdown, Daniel Andrews, the Premier of Victoria announced stage four restrictions for metropolitan Melbourne and a State of Disaster in Victoria. The stage three restrictions already required people to stay home except for work, health reasons, essential shopping and exercise. With the new restrictions in place, active as of 6pm last night, a curfew is imposed between 8pm and 5am when the only reasons to leave your home are for work and medical care. Among other restrictions, exercise must now take place within 5km of your home, at a maximum of one hour per day and only one person per household can go shopping each day. Since midnight Wednesday the 22nd of July, face masks are mandatory and those caught without one risk a fine of $200. Victorians caught failing to comply with the social distancing restrictions, including the new rules, will be fined $1600.
These restrictions have a severe and limiting impact on Victorian residents’ lives. We are experiences heavily restricted movements (locally and internationally), the closing of businesses, the suspension of sporting and cultural events and institutions, surveillance of people and forced hotel quarantine for returning Australians at a cost of at least 3,000 to be paid by the traveller. Most of us accept the restrictions since we understand the severity of the novel Coronavirus, because others seem to accept them, but also because we submit to the settler colonial state of Australia. That is, most of us tend to follow the laws and if the laws make us stay home, we do.
Nonetheless, we are many who feel conflicted about whether the measures are appropriate or whether they are causing more harm than good. The stay-at-home measures affect people disproportionately depending on whether you are isolated in a studio apartment without a balcony or a 500 square meter mansion with a rose garden. Moreover, we are seeing that these measures are applied differently on different populations and tend to disproportionately disadvantaged lower socioeconomic groups. This is demonstrated by the 3,000 residents in nine public housing towers in North Melbourne and Flemington, two relatively central neighbourhoods in Melbourne, who on the 4th of July were put under ‘hard lockdown’ for up to 14 days (the full time applied to one of the towers) after high numbers of infections were detected in the buildings. The high density in the public housing towers, the shared facilities such as laundry rooms and lifts, airflow, plumbing and the high numbers of infections were used to justify the harsh measures. Residents in the public housing towers under ‘hard lockdown’ or ‘detention directions’ were not permitted to leave their homes. These strict measures were not applied to anyone else in Victoria and in private apartment towers, not far from the public housing ones, people were living according to the general restrictions in Melbourne.
The hard lockdown represents excessive and punitive measures directed towards already over-policed communities, while outbreaks in more affluent areas are met with a dissimilar response. This is a punishment of the socially and economically disadvantaged public housing residents already neglected by the system.
So, what is the regulation that allows the government to put in place such restrictions? These laws are justified by a state of emergency initially declared in Victoria on the 16th of March 2020 and which is currently extended until the 16th of August 2020. State of emergency or state of exception is a concept coined by Carl Schmitt writing in Germany during the Nazi rule. The concept refers to the sovereign’s right to act outside the normal legal constrains when circumstances are out of the ordinary. Both legally and discursively the state of emergency justifies extreme actions and allows the sovereign additional powers to act. The state of emergency or the state of exception allow the temporary suspension of many human rights treaties. Consequently, it has been noted that restrictive measures to COVID-19 around the world come to infringe on human rights such as the freedom of association, the freedom of movement and the right to liberty. These are methods which could be misused for political purposes that would severely detract from democratic rule.
However, the state of exception is not so exceptional anymore, instead it is becoming the new normal. The fear is that restrictions will remain following the end of the COVID emergency, similar to the way the 9/11 terrorist attacks led to the extended powers of the US Presidents to perform torture and surveillance. Giorgio Agamben, one of modern day’s most influential writers on the state of exception, has severely criticised the Italian government’s response to the virus, claiming that the restrictive and repressive measures lack sufficient justified. This, he writes, reinforces the tendency to normalise the state of exception, ‘as a normal governing paradigm’, justifying a militarisation of society. Worryingly, yesterday the Victorian Premier declared at the press conference that he is prepared to make amendments to the 6-month restriction to the state of emergency, showing clear signs of a normalisation of these laws.
The state of emergency is not only applied in relation to health crises but can be called on by governments to respond to dangerous and extraordinary circumstances such as threats to national security and natural disasters. Yesterday, the Victorian Government also declared a state of disaster which according to the Premier Daniel Andrews ‘will give our police additional powers to make sure people are complying with public health directions’.
A state of disaster was declared earlier in the year in large parts of Victoria as a response to the bushfires, allowing the government to, among other things, force the evacuation of people. I have previously written on the important connections between climate change and increasingly severe bushfire seasons. It is generally agreed that climate change such as dryer and hotter temperatures leads to increasingly severe bushfires (for example). Similarly, experts are highlighting the connections between the COVID-19 pandemic and climate change. Three out of four infectious diseases found in people originate from either wild animals or livestock and therefore our health is deeply entangled with the health of the ecosystem. Moreover, climate change is making large parts of the human population more vulnerable to disease and other health threats. For example, the exposure to the smoke from last summer’s fires is intensifying our vulnerability to respiratory illnesses.
With the increasingly severe consequences of climate change and our degrading ecosystem, demonstrated in bushfires and the pandemic, the motives for the state of emergency/disaster measures will increase with the risk of detracting from democracy in ways already demonstrated, such as through the encroachment on human rights agreements. Moreover, as demonstrated in Melbourne by the treatment of public housing tenants, there is no guarantee that measures will apply equally to all. Or rather, it is unlikely that they will, since everyone enters a state of exception with access to dissimilar resources and capitals. It might make sense to have state of disaster measures in place for the crisis, but when the crisis becomes the new normal, it is worth considering the new role of the democratic state. We have to be careful, moving forward, that responses to emergencies are balanced against human rights and democratic values.