UN Rapporteur ‘seriously concerned’ at crackdown in UK

UN Rapporteur on environment matters expressed ‘alarm’ ‘distress’ and ‘serious concern’ at the crackdown on environmental activists in UK

January 2024

Between 10 – 12 January 2024, David Forst, made his first visit to the United Kingdom since he was elected as UN Special Rapporteur on Environmental Defenders under the Aarhus Convention in June 2022.

On 23 January he issued a statement in the light of the extremely worrying information he received in the course of meetings regarding the increasingly severe crackdowns on environmental defenders in the United Kingdom, including in relation to the exercise of the right to peaceful protest.

“These developments are a matter of concern for any member of the public in the UK who may wish to take action for the climate or environmental protection. The right to peaceful protest is a basic human right. It is also an essential part of a healthy democracy. Protests, which aim to express dissent and to draw attention to a particular issue, are by their nature disruptive. The fact that they cause disruption or involve civil disobedience do not mean they are not peaceful. As the UN Human Rights Committee has made clear, States have a duty to facilitate the right to protest, and private entities and broader society may be expected to accept some level of disruption as a result of the exercise of this right“.

Peaceful protests

During his visit, however, he learned that, in the UK, peaceful protesters are being prosecuted and convicted under the Police, Crime, Sentencing and Courts Act 2022, for the criminal offence of “public nuisance”, which is punishable by up to 10 years imprisonment. He was also informed that the Public Order Act 2023 is being used to further criminalize peaceful protest. In December 2023, a peaceful climate protester who took part for approximately 30 minutes in a slow march on a public road was sentenced to six months imprisonment under the 2023 law. That case is currently on appeal, but it is important to highlight that, prior to these legislative developments, it had been almost unheard of since the 1930s for members of the public to be imprisoned for peaceful protest in the UK.

He also expressed alarm to learn that, in some recent cases, presiding judges have forbidden environmental defenders from explaining to the jury their motivation for participating in a given protest or from mentioning climate change at all. It is very difficult to understand what could justify denying the jury the opportunity to hear the reason for the defendant’s action, and how a jury could reach a properly informed decision without hearing it, in particular at the time of environmental defenders’ peaceful but ever more urgent calls for the government to take pressing action for the climate.

He also received highly concerning information regarding the harsh bail conditions being imposed on peaceful environmental defenders while awaiting their criminal trial. These have included prohibitions on engaging in any protest, from having contact with others involved in their environmental movement or from going to particular areas. Some environmental defenders have also been required to wear electronic ankle tags, some including a 10pm – 7am curfew, and others, GPS tracking. Under the current timeframes of the criminal justice system, environmental defenders may be on bail for up to 2 years from the date of arrest to their eventual criminal trial.

Such severe bail conditions have significant impacts on the environmental defenders’ personal lives and mental health and he seriously questioned the necessity and proportionality of such conditions for persons engaging in peaceful protest. In addition to the new criminal offences, he was deeply troubled at the use of civil injunctions to ban protest in certain areas, including on public roadways. Anyone who breaches these injunctions is liable for up to 2 years imprisonment and an unlimited fine. Even persons who have been named on one of these injunctions without first 2 being informed about it – which, to date, has largely been the case – can be held liable for the legal costs incurred to obtain the injunction and face an unlimited fine and imprisonment for breaching it. The fact that a significant number of environmental defenders are currently facing both a criminal trial and civil injunction proceedings for their involvement in a climate protest on a UK public road or motorway, and hence are being punished twice for the same action, is also a matter of grave concern to him.

Media derision

He was also distressed to see how environmental defenders are derided by some of the mainstream UK media and in the political sphere. By deriding environmental defenders, the media and political figures put them at risk of threats, abuse and even physical attacks from unscrupulous persons who rely on the toxic discourse to justify their own aggression. The toxic discourse may also be used by the State as justification for adopting increasingly severe and draconian measures against environmental defenders. In the course of his visit, he witnessed first hand that this is precisely what is taking place in the UK right now. This has a significant chilling effect on civil society and the exercise of fundamental freedoms.

As a final note, during his visit, UK environmental defenders told him that, despite the personal risks they face, they will continue to protest for urgent and effective action to address climate change. For them, the threat of climate change and its devastating impacts are far too serious and significant not to continue raising their voice, even when faced with imprisonment. We are in the midst of a triple planetary crisis of climate change, biodiversity loss and pollution. Environmental defenders are acting for the benefit of us all. It is therefore imperative that we ensure that they are protected.

A spokesperson for the UK Home Office, the government department that tackles policing and other elements of national security, said that “while decisions on custodial sentences are a matter for the independent judiciary, the Public Order Act brings in new criminal offences and proper penalties for selfish, guerrilla protest tactics.”

Sacha Deshmukh, Amnesty International UK’s chief executive, said: “The UN special rapporteur offers a damning indictment of the repressive crackdown climate activists in the UK face for exercising their right to peacefully protest.”

“The UK Government seems more intent on creating a climate of fear than tackling the climate crisis.“

The full report can be accessed here: Aarhus_SR_Env_Defenders_statement_following_visit_to_UK_10-12_Jan_2024.pdf (unece.org)

Sources: CNN; Guardian; UN, Mail on Line. [There does not seem to be a report on this in the Daily Telegraph]. All accessed 25 January 2024

January 25, 2024 0

Arrests prior to the coronation

Graham Smith, the leader of Republic, was arrested prior to the coronation and held for 16 hours

May 2023

UPDATE: 8 May: Police express ‘regret’ at the arrest of Graham Smith. No charges will be brought under the new Public Order Act against any of those arrested. The only charges brought are for drugs related offences. Questions remain concerning why the arrests were made in the first place and what, if any, pressure had been put on the police to make them.

We have been warning for some time in previous posts – along with other organisations – that the desire by the present government and Home Secretary Suella Braverman, to limit the ability of individuals and organisations to protest by passing a series of laws to limit such activity and to give the police yet more powers to carry them out. The new Public Order Act was rushed into law and signed by King Charles just days before his coronation took place.

Using the act (it seems), Graham Smith the leader of Republic, an organisation which believes we should be run as a democracy and not have an inherited royal family at the head of the country, was arrested before the coronation took place. It is unclear on what the grounds the arrest was made and he was released after 16 hours. He was not the only one to be arrested and others included volunteers from Night Stars which prompted Westminster Council to say it was ‘deeply concerned’ by their arrest.

The new legislation arose because of the activities of the climate protestors who used a variety of methods to disrupt the capital including gluing themselves to pavements. Their protests did seem to shine a light on the poor performance by the government to tackle the climate emergency. They were not popular however and the disruption caused to commuters and others led the government to pass a range of laws to limit the ability to protest. The Home Secretary famously said in parliament that such people were “Guardian-reading, tofu eating, dare I say the anti-growth coalition”.

There is a tension when it comes to protesting. There are many who are in support of peaceful protests but are angry about those which are disruptive in some way or even where there is some violence. The problem with peaceful protests is that they are almost always ignored. It is the more violent type which become news and where the cause is thereby recognised. There were many decades of peaceful protests for women to have the vote for example which yielded nothing. Once more violent methods were employed by the suffragettes, change eventually occurred although there were other factors at play.

The Salisbury Amnesty group neither supports nor condemns the campaign for the country to be a Republic. The issue at stake is the right to campaign on the matter. There is no specific right of protest. We do have the right to free speech and we do have a right of assembly under articles 10 and 11 of the European Convention. Giving the police yet more powers to arrest on the pretext that the person might be disruptive is a worrying development. Another worrying development is the alleged use of facial recognition during the coronation. This technology has been widely used by repressive regimes such as China where the ability of people to move almost anywhere is tracked by the police.

Sources: Evening Standard, CNN, The Times, Amnesty International, and yes, the Guardian

May 7, 2023 0

Dangerous new bill

Dangerous new bill proposed by the government

The right to protest is fundamental to a free and fair society. It’s a right we have fought long and hard for. Without the right to protest, accountability and freedom suffers.

A New Policing Bill

The Government’s new policing Bill gets the balance dangerously wrong. Such an enormous and unprecedented extension of policing powers will put too much power in the hands of the state, to effectively ban protests – including peaceful ones – should they see fit.

Vigil for Sarah Everard

Worse still, this Bill alongside other efforts by the UK Government to threaten and dilute other fundamental rights and freedoms. The claims of excessive force used by Metropolitan police against women attending a vigil for Sarah Everard on 13 March, beggars belief, and is a stark and timely warning about precisely why Parliament must not grant police further powers to stop peaceful protest.

Racism and discrimination

As well as preventing peaceful protest, sections of this Bill will most likely disproportionately impact people who are in the minority and increase the racism and discrimination that is experienced by many of them. For example, measures to enhance stop & search and restrict the right to roam, precisely at a time when the UK Government should be working to address these issues.

This is not the path to a free and just society. This is the path to a clampdown on our centuries old rights of freedom of movement, expression and assembly. This is entirely incompatible with the UK’s self-image as a place of liberty.

We cannot allow this clampdown to happen. Take action and call on our Prime Minister to put the brakes on the Bill and stop the assault on our freedoms.

Text taken from Amnesty International

March 16, 2021 0

Refugee video

Video of the Salisbury group’s refugee action

A few weeks ago, the Salisbury group mounted a short demonstration in support of a better understanding of the plight of refugees. Refugees and asylum seekers get a bad press in the UK and the UN criticised the article in the Sun by Katie Hopkins referring to them as ‘cockroaches’ and ‘feral humans’. A full discussion of the role of media in the debate on refugees and asylum seekers can be found in the 2018 report by the International Organisation for Migration particularly chapter 8 p191ff.

A film of our protest with interviews of two group members, was made by the Salisbury TV station ‘That’s TV’ and this can be seen on YouTube.

We issued a factsheet to passers-by on the refugee situation around the world and our role in it. In the interview we mentioned the resettlement programme being managed by Wiltshire Council.

Refugee factsheet (pdf)

If you live in the Salisbury, Amesbury or south Wiltshire area generally and would like to join us you would be very welcome. The best thing is to come along to an event we are running and make yourself known. It is free to join locally. Keep and eye on this site, or on Facebook or Twitter if you prefer, to see details of our next event.

April 12, 2019 1

Group meeting – July

We have pleasure in attaching the minutes of the July meeting in which we discussed the Death Penalty, the barbeque, the Trump protest and urgent actions. Thanks to group member Lesley for compiling them.

July minutes (Word)