Report states that wealthy democratic states in global north increasingly tend to use harsh measures against peaceful climate protesters while criticising similar practices in global south.
The report covers examples of record prison sentences, preemptive arrests and detentions and new draconian laws addressing civil disobedience in Australia, Germany, France, the Netherlands, New Zealand, Sweden, the United Kingdom, and the United States. Stop Persecution has covered recent development in the UK, Germany, France, Italy and other European countries.
Many western democratic countries have adopted strict laws, which enable authorities to issue several year prison sentences for participation in peaceful protests. Other measures are being imposed to discourage protesters from participating even before protests start. This includes preventative custody (e.g. in Bavaria and the Netherlands) or blanket bans on protests in certain areas or even attempts to disband and criminalize climate groups (Germany and France).
In reaction to the latest scandalous prison sentences in the UK, the CRI has called to stop jailing peaceful climate protesters. Two activists were sentenced to two years and 20 months, respectively, for throwing two cans of tomato soup at Van Gogh’s painting in London. The glass-protected painting was not damaged.
The report offers further details on analysis of international human rights standards, excessive government actions against protesters including new laws and presents the need for legal reforms among other recommendations.
In short, governments at all levels should actively promote and protect the right to peaceful protest, emphasizing its role in democratic participation through public education and outreach. Authorities must adopt a proactive approach to facilitating safe demonstrations, providing resources and support to protesters. Legislation that restricts protests should be reviewed, repealed, or amended to align with international standards.
Additionally, courts should ensure fairness for climate protesters by allowing them to present their motivations in legal proceedings, recognizing their belief in the urgent threat of climate change as part of a fair trial process. Motivation to protest due to climate change should be perceived as a “mitigating factor” by the courts while issuing sentences, or as a circumstance to absolve protesters from criminal liability at all.
Disproportionate penalties have a chilling effect on basic rights and are incompatible with states’ obligations under international human rights law. Peaceful protests should not be restricted and penalized, as they play a vital role in tackling climate crisis in democratic society:
“Peaceful protests empower individuals to advocate for change, monitor governments’ climate commitments, and participate in public affairs to drive climate solutions. Through these collective efforts, individuals can rally fellow citizens and press governments to change policies and practices that have caused the climate crisis and promote new policies that would protect people and the planet from the most dangerous consequences of climate change.”
Read the full CRI’s report here.
Sources:
ENG 10/09/2024 Rich countries silencing climate protest while preaching about rights elsewhere, says study (The Guardian)
ENG 09/09/2024 Western Democracies: Stop Crackdowns on Climate Protesters (CRI.org)
ENG 09/2024 On Thin Ice: Disproportionate Responses to Climate Change Protesters in Democratic Countries (CRI.org)
ENG 2024 Repression of climate acticism in Europe (Stop-persecution.org)
ENG 28/09/2024 United Kingdom: Stop Jailing Peaceful Climate Protesters (CRI.org)