Seeing red over green activism

The attempt to silence climate protest has gone well beyond the UK. In late August, a German court sentenced a 65-year-old man to nearly two years in prison for blocking a road as part of a protest. An Australian protester was given 15 months in prison for blocking one lane in a five-lane road for 28 minutes in 2022. Some jurisdictions and judges have prevented climate activists from stating the reasons for their civil disobedience in court

Rich Western countries have cracked down on non-violent climate protests with harsh laws and lengthy prison sentences, in violation of international law and the civil rights they champion globally, according to a report released Monday by Climate Rights International. CRI, an advocacy group based in California, found that Australia, Germany, France, the Netherlands, Sweden, the United Kingdom, and the United States had used heavy-handed measures to silence climate protesters in recent years. The measures aren’t in keeping with the freedoms of expression, assembly, and association enshrined in international law, the report says.

“You don’t have to agree with the tactics of climate activists to understand the importance of defending their rights to protest and to free speech,” Brad Adams, CRI’s executive director, said in a statement. “Governments too often take such a strong and principled view about the right to peaceful protest in other countries—but when they don’t like certain kinds of protests at home they pass laws and deploy the police to stop them,” Adams told The Guardian. “These defenders are basically trying to save the planet... These are people we should be protecting, but are seen by governments & corporations as a threat to be neutralised. In the end it’s about power & economics”

The CRI report details relevant international law, disproportionate actions taken against climate protestors, and draconian new laws established in four of the countries studied. It also lays out recommendations and proposed reforms. CRI was founded in2022 with a mission that states, “Progress on climate change cannot succeed without protecting human rights - and the fight for human rights cannot succeed without protecting our planet against climate change.” The examples of government crackdowns on climate protesters are numerous. In October 2022, Just Stop Oil activists Morgan Trowland and Marcus Decker climbed the cables of a major bridge in England and remained there for two days, causing police to stop traffic across the bridge. They called for the UK to stop licensing new oil and gas projects in the North Sea.

Trowland and Decker were each subsequently sentenced to more than 30 months in prison under a 2022 law passed by the Conservative government that led the country at the time. The sentencing prompted concern from a United Nations special rapporteur. An op-ed published Tuesday in The Guardian by Linda Lakhdhir, CRI’s legal director, indicated that the Labour Party, now in power in the UK, has not made a total break from the Conservatives policies.

A similar UK case involved Just Stop Oil’s disruption of traffic on a highway in November 2022. Five campaigners, including Roger Hallam, well-known as a co-founder of Extinction Rebellion, had spoken on a Zoom call designed to increase participation in the direct action. This July, they were each sentenced to at least four years in jail, with Hallam receiving a five-year sentence—the longest sentences ever given in the country for non-violent protest, The Guardianreported.

Michel Forst, the UN’s special rapporteur on environmental defenders, attended part of the trial and called the sentencing a “dark day for peaceful environmental protest.”

The attempt to silence climate protest has gone well beyond the UK. In late August, a German court sentenced a 65-year-old man to nearly two years in prison for blocking a road as part of a protest. An Australian protester was given 15 months in prison for blocking one lane in a five-lane road for 28 minutes in 2022.

In April 2023, Joanna Smith was one of two protesters who put water-soluble paint on the protective case of a sculpture at the National Gallery of Art in Washington, DC. She faced unexpectedly harsh federal charges - for two felonies - that could have landed her in prison for five years, and ended up making a plea deal for a 60-day sentence. Her fellow protestor, Timothy Martin, has a trial scheduled for November.

The report makes the following four general recommendations for governments: Promote and protect peaceful protest;

Adopt a proactive approach to facilitating and protecting peaceful demonstrations; Review, repeal, or amend legislation restricting the right to protest to meet international standards; and Ensure fairness for climate protesters in legal proceedings by allowing a public interest defense and an explanation of motivations.

The final recommendation stems from the fact that some jurisdictions and judges have prevented climate activists from stating the reasons for their civil disobedience in court. A UK judge, Silas Reid, has repeatedly denied climate protesters the ability to explain their motivations to juries, and even jailed two of them for contempt of court when they did so anyway.

The US has not passed a harsh federal bill along the lines of the 2022 U.K. law, but many states have placed anti-protest laws on the books in recent years, and other state legislatures have considered measures, the report says. A 2019 Texas law strengthened penalties for protests around pipelines and other fossil fuel infrastructure, and a 2020 Tennessee law did so for “inconvenient” protests. Harsh penalties are not the only danger that environmental defenders face. Nearly 200 environmental defenders were killed across the world in 2023, according a report released Tuesday by Global Witness.

Crackdowns on non-violent protest in rich Western countries extend beyond the issue of climate. Pro-Palestinian campus protests in the U.S. have also seen harsh crackdowns in the past year, with fears among campaigners that anti-protest measures could increase. The report posits that governments should take a different approach to such civil disobedience, given its importance in spurring social change in the past. “Governments should welcome peaceful protests as the sign of an engaged citizenry,” the report says. “Those who engage in peaceful protest should, at a minimum, be assured that their rights will be respected.”

(https://www.commondreams.org/)