Repression of climate activism in Europe

Europe/ 2024
PHOTO: Majda Slámová

On July 18, 2024, five members of the British organisation Just Stop Oil, which demands that the UK phases out its fossil fuel operations, were brought before an English court to hear a verdict which was hard to believe. Four of them were sentenced to four years in prison, one activist to five years. The reason? Participating in an online call to organise a peaceful protest. What is believed to be the harshest punishment for participation in an act of civil disobedience in British history[1] is sadly only one example of a growing trend in the criminalisation of climate protests. 

Tough new laws, thousands of detentions, and scandalous prison sentences – these are some measures European governments have adopted in recent years to discourage climate protesters, among attempts to picture the climate movement as “extremist” and label it as “criminal”. The rising tendency to criminalise peaceful protesters is alarming, as we notice this worrying trend in many of the established democracies of Western Europe. 

In the UK, strict laws were issued to enable harsher punishments for participants in peaceful protests, organised mainly by Just Stop Oil and Extinction Rebellion. Since the introduction of the controversial legislation, several activists have been imprisoned, including the record four- and five-year prison sentences handed down in July 2024.[2]  

In Germany, members of the Last Generation movement face tough measures, especially in the state of Bavaria, as Last Generation is considered to be a “criminal organisation” according to the German law. 

In France, the grassroots movement “The Uprisings of the Earth”, opposing controversial projects of building large water reservoirs, was met with brutal police repression and attempts by the French government to label the movement as “extremist”. 

Drawing similarities to both the UK and Germany, the Italian government[3] has approached the activists by adopting an “eco-vandalism” law, imposing disproportionate fines on protesters while misusing the “anti-mafia” law to deal with the climate movement as a “criminal organisation”. 

Controversial developments have been reported in other smaller European countries, for example Austria,[4] Finland,[5] and the Netherlands.[6] 

Michel Forst, UN Special Rapporteur on Environmental Defenders under the Aarhus Convention, pointed out that while some countries, such as Italy or Germany, apply old rules such as anti-mafia laws to the acts of climate protesters, in other countries, such as the UK, strict new rules have been adopted in reaction to the rising acts of civil disobedience.[7] Forst recognises, in his position paper from February 2024, four major areas where increasing repression has been reported: the media and political discourse, legislation and policy, law enforcement (police and prosecution), and the approach of the courts.[8]  

The new wave of intensified repression of non-violent climate protests from state authorities stressed the importance of judicial reviews. For example, French and Finnish courts have ultimately ruled the government’s measures unlawful. On the other hand, the adoption of restrictive laws in the UK or Italy does not allow much discretion for the judiciary.  

Rather than accepting the demands of civil society to phase out fossil fuels and increase climate action to achieve the goals of the Paris Agreement, governments across Europe have chosen a path of increased repression. Constitutional freedoms of assembly and expression are under threat, which is not a good sign for a democracy.  

Dunja Mijatović, the Commissioner for Human Rights under the Council of Europe, has expressed her concerns about these developments.[9] She acknowledged the important role of peaceful protests for democracy and the enjoyment of human rights and urged governments to engage in a meaningful social dialogue and improve the participation of defenders of human rights rather than opting for more repression. 

It seems that to European governments, the activities of non-violent protesters are viewed as more dangerous than the climate crisis itself.  

However, it is sadly to be expected that these tendencies of disproportionate persecution of environmental activists will only grow in the coming months and years. The record prison sentences of British activists from July 2024 are among many disturbing signs.[10]  

Repressive measures, however, do not seem to discourage the protesters. In late July 2024, several airports in Europe and North America, including Germany, the UK, and Austria, were disrupted by activists under the banner “Oil Kills”.[11] 13 groups in ten countries participated in protests demanding an “emergency international response to save lives”.[12] The airport blockades started just a day after the hottest day on record according to scientists,[13] a strong symbol and sign of motivation behind increasingly risky acts of civil disobedience. 

The examples of increasing persecution of the right to freedom of expression and freedom of assembly relating to peaceful climate protest should be worrying for everyone. At the end of the day, civic rights and a stable climate are important for us all.  

As Katy Watts, a lawyer from the British NGO Liberty, notes: “Protest is a fundamental right, not a gift from the state. Government should be protecting our right to protest, not criminalising it.”[14] 


Sources 

[1] ENG 18/7/2024 Five Just Stop Oil activists receive record sentences for planning to block M25 (the Guardian)
[2] ENG 18/7/2024 Whole Truth Five sentenced to 4-5 years at Southwark Crown Court in longest ever sentences for nonviolent climate action (Just Stop Oil)
[3] ENG 15/6/2023 Italian activists now face huge fines: Where else in Europe is getting harsh with protesters? (euro news)
[4] ENG 28/3/2023 Vienna protests: 143 protestors detained at demonstration against European Gas Conference (euro news)
[5] ENG 15/10/2022 53 detained as environmental protesters wrap up autumn campaign (yle)
[6] DUT 30/1/2023 768 people arrested at climate protest on the A12 (nrc)
[7] ENG 24/1/2024 Environmental protests under attack: Interview with UN special rapporteur Michel Forst (Mongabay)
[8] ENG 2/2024 State repression of environmental protest and civil disobedience: a major threat to human rights and democracy (Michel Forst)
[9] ENG 2/6/2023 Crackdowns on peaceful environmental protests should stop and give way to more social dialogue (coe.int)
[10] ENG 18/7/2024 Five Just Stop Oil activists receive record sentences for planning to block M25 (the Guardian)
[11] ENG 24/7/2024 ‘Oil Kills’ protesters disrupt flights at airports across Europe in wave of action (the Guardian)
[12] ENG 25/7/2024 Global airport disruption resumes in the second day of action from Oil Kills – the International Uprising to end fossil fuels (oil kills)
[13] ENG 25/7/2024 New record daily global average temperature reached in July 2024 (climate.copernicus.eu)
[14] ENG 15/12/2023 Just Stop Oil activist jailed for six months for taking part in slow march (the Guardian)
[15] ENG 18/11/2022 REPORT FOLLOWING HER VISIT TO THE UNITED KINGDOM (DUNJA MIJATOVIĆ)
[16] ENG 23/1/2024 Visit to London, United Kingdom of Great Britain and Northern Ireland, 10-12 January 2024 End of mission statement (Michel Forst)
[17] ENG 18/11/2022 REPORT FOLLOWING HER VISIT TO THE UNITED KINGDOM (para 6 ff.,  DUNJA MIJATOVIĆ)
[18] ENG 23/1/2024 Visit to London, United Kingdom of Great Britain and Northern Ireland, 10-12 January 2024 End of mission statement (Michel Forst)
[19] ENG 9/11/2022 Suella Braverman tells police to be firmer with 'extremist' protesters (BBC)
[20] ENG 16/7/2019 Extremism Rebellion, Extinction Rebellion has mainstreamed the politics of a radical fringe (Policy Exchange)
[21] ENG 15/6/2022 T
hinktank that briefed against XR given $30k by ExxonMobil in 2017 (the Guardian)
[22] ENG 23/1/2024 Visit to London, United Kingdom of Great Britain and Northern Ireland, 10-12 January 2024 End of mission statement (Michel Forst)
[23] ENG 1/7/2021 Letter to the Speaker and Lord of the House of Commons of the United Kingdom (Dunja Mijatović)
[24] ENG 18/11/2022 REPORT FOLLOWING HER VISIT TO THE UNITED KINGDOM (para 25, Dunja Mijatović)
[25] ENG 15/12/2023 Just Stop Oil activist jailed for six months for taking part in slow march (the Guardian)
[26] ENG 23/1/2024 Visit to London, United Kingdom of Great Britain and Northern Ireland, 10-12 January 2024 End of mission statement (Michel Forst)
[27] ENG 30/10/2023 Met uses new anti-protest powers to arrest climate protesters for first time (the Guardian)
[28] ENG 4/12/2023 Police make 630 arrests of climate protesters in London in one month (the Guardian)
[29] ENG 21/4/2023 Just Stop Oil protesters jailed for Dartford Crossing protest (the Guardian)
[30] ENG 18/7/2024 Five Just Stop Oil activists receive record sentences for planning to block M25 (the Guardian)
[31] ENG 18/7/2024 Whole Truth Five sentenced to 4-5 years at Southwark Crown Court in longest ever sentences for nonviolent climate action (Just Stop Oil)
[32] ENG 18/7/2024 Statement regarding the four-year prison sentence imposed on Mr. Daniel Shaw for his involvement in peaceful environmental protest in the United Kingdom (Michel Forst)
[33] ENG 18/7/2024 Statement regarding the four-year prison sentence imposed on Mr. Daniel Shaw for his involvement in peaceful environmental protest in the United Kingdom (Michel Forst)
[34] ENG 18/7/2024 Statement regarding the four-year prison sentence imposed on Mr. Daniel Shaw for his involvement in peaceful environmental protest in the United Kingdom (Michel Forst)
[35] ENG 18/7/2024 Five Just Stop Oil activists receive record sentences for planning to block M25 (the Guardian)
[36] ENG 23/1/2024 Visit to London, United Kingdom of Great Britain and Northern Ireland, 10-12 January 2024 End of mission statement (Michel Forst)
[37] ENG 24/1/2024 Environmental protests under attack: Interview with UN special rapporteur Michel Forst (Mongabay)
[38] ENG 7/2/2023 Insulate Britain activist jailed for eight weeks for contempt of court (the Guardian)
[39] ENG 22/4/2024 
Judge throws out case against UK climate activist who held sign on jurors’ rights (the Guardian)
[40] ENG 23/1/2024 Visit to London, United Kingdom of Great Britain and Northern Ireland, 10-12 January 2024 End of mission statement (Michel Forst)
[41] ENG 16/7/2024 Just Stop Oil Letter to Prime Minister Starmer (Just Stop Oil)
[42] ENG 24/7/2024 Nine Just Stop Oil supporters arrested as international uprising begins (Just Stop Oil)
[43] ENG 25/7/2024 Eight Just Stop Oil supporters imprisoned as the ‘Oil Kills’ international uprising to end fossil fuels continues (Just Stop Oil)
[44] ENG 25/7/2024 Eight Just Stop Oil supporters imprisoned as the ‘Oil Kills’ international uprising to end fossil fuels continues (Just Stop Oil)
[45] ENG 2/2024 State repression of environmental protest and civil disobedience: a major threat to human rights and democracy (p. 10., Michel Forst)
[46] DE 24/11/2023 "Last Generation" meets the requirements for criminal organization (mdr.de)
[47] DE 24/11/2023 "Last Generation" meets the requirements for criminal organization (mdr.de)
 
[48] ENG 2/2024 State repression of environmental protest and civil disobedience: a major threat to human rights and democracy (p. 15., Michel Forst)
[49] DE 24/5/2023 Nationwide raid against "Last Generation" (tagesschau)
[50] DE 24/11/2023 "Last Generation" meets the requirements for criminal organization (mdr.de)
[51] ENG 2/2024 State repression of environmental protest and civil disobedience: a major threat to human rights and democracy (p. 14., Michel Forst)
[52] ENG 2/2024 State repression of environmental protest and civil disobedience: a major threat to human rights and democracy (p. 12., Michel Forst)
[53] ENG 16/8/2023 43 arrests at protest march in Würzburg – Nuremberg becomes the next protest location (Letzte Generation)
[54] ENG 2/2024 State repression of environmental protest and civil disobedience: a major threat to human rights and democracy (p. 10., Michel Forst)
[55] DE 24/11/2023 "Last Generation" meets the requirements for criminal organization (mdr.de)
[56] ENG 31/8/2023 Up to 30 days of preventive detention for constitutional reasonsprotectors (Letzte Generation)
[57] ENG 2/2024 State repression of environmental protest and civil disobedience: a major threat to human rights and democracy (p. 12., Michel Forst)
[58] DE 12/6/2023 Police take activists into custody before protest (t-online)
[59] ENG 2/6/2023 Crackdowns on peaceful environmental protests should stop and give way to more social dialogue (coe.int)
[60] DE 11/6/2023 580 crimes made by "Last Generation" (zdf.de)
[61] DE 11/6/2023 580 crimes made by "Last Generation" (zdf.de)
[62] ENG 25/7/2024 
Climate activists block runways at Germany’s Frankfurt airport (Al Jazeera)
[63] ENG 30/6/2023 UN rights office calls on France to address ‘deep issues’ of racism in policing (United Nations News)
[64] ENG 25/3/2023 Protesters clash with police over water reservoirs in France (Politico)
[65] ENG 20/6/2023 France to shut down activist climate group after clashes with police (France 24)
[66] FRE Les manifestants contre les megabassines ont subi une violence intense (Reporterre)
[67] FRE 17/1/2024 Megabasins trial: “The executive wants to criminalize the movement” (Reporterre)
[68] FRE 17/1/2024 Megabasins: Heavy Sentences for the Defendants from Sainte-Soline (Reporterre)
[69] ENG 20/6/2023 France to shut down activist climate group after clashes with police (France 24)
[70] ENG 11/8/2023 French court suspends ban on climate movement accused of ‘ecoterrorism’ (Politico)
[71] FRE 9/11/2023 The Dissolution of 'Soulèvements de la Terre' Definitively Overturned (Reporterre)
[72] ENG 29/5/2023 Europe grapples with crackdowns on Last Generation protests (DW)
[73] ENG 5/5/2024 Climate Activists In Italy Sentenced To Jail For Painting Senate (Barron's)
[74] ENG 18/1/2024 Italy Approves Bigger Fines for Eco-Vandals Targeting Artworks (Reuters)
[75] ENG 15/6/2023 
Italian activists now face huge fines: Where else in Europe is getting harsh with protesters? (euro news)
[76] ITA 22/1/2024 Mattarella, Do Not Sign the Eco-Protests Bill (Ultima Generazione) 
[77] ENG 15/6/2023 Italian activists now face huge fines: Where else in Europe is getting harsh with protesters? (euro news)
[78] 
 ENG 25/5/2023 Accusing Activists of Vandalism Is Much Easier Than Implementing Renewable Energy Policies (CIVICUS)
[79] ENG 5/5/2024 Climate Activists in Italy Sentenced to Jail for Painting Senate (Barron's)
[80] ENG 17/4/2023 Italy's Emergency Response: Not to Climate Change but to Climate Protests (il manifesto)
[81] ENG 29/5/2023 Europe grapples with 
crackdowns on Last Generation protests (DW)
[82] ENG 17/4/2023 Italy's Emergency Response: Not to Climate Change but to Climate Protests (il manifesto)
[83] ENG 17/4/2023 Italy's Emergency Response: Not to Climate Change but to Climate Protests (il manifesto)
[84] ENG 28/3/2023 Vienna Protests: 143 protesters detained at demonstration against European Gas Conference (euro news)
[85]  ENG 21/112023 Austria's 'sticky' climate activists draw ire of leaders as 57 arrested (Euractiv)
[86] ENG 15/10/2022 
53 detained as environmental protesters wrap up autumn campaign (yle)
[87] ENG 26/10/2023 Police detain 29 climate activists following protest at Lapland pulp mill (yle)
[88] ENG 7/10/2022 Police release climate protesters suspected of insubordination towards officers (yle)
[89] ENG 20/1/2022 Prosecutor files fundraising, fraud charges against climate action group (yle)
[90] ENG 5/4/2024 Helsinki court dismisses all charges against Elokapina (yle)
[91] ENG 5/4/2024 Helsinki court dismisses all charges against Elokapina (yle)
[92] ENG 21/6/2023 Helsinki police officer faces fines over protester pepper spraying (yle)
[93] NLD 30/1/2023 768 people detained during climate protest on A12 (nrc)
[94] ENG 11/9/2023 Dutch police fire water cannons and detain thousands of protesters in fossil fuel roadblock (euro news)
[95] ENG 12/10/2023 How criminalization is being used to silence climate activists across the world (The Guardian)
[96] ENG 6/4/2024 Dutch police have detained activist Greta Thunberg at a climate demonstration in The Hague (apnews.com)
[97] ENG 3/11/2022 Two activists charged for 'The Girl with the Pearl Earring' climate protest (euro news)

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