tag:theconversation.com,2011:/us/topics/right-to-protest-50098/articlesRight to protest – The Conversation2023-09-15T01:30:04Ztag:theconversation.com,2011:article/2136442023-09-15T01:30:04Z2023-09-15T01:30:04ZAnother day, another roadblock: how should NZ law deal with disruptive climate protests?<p>The most recent protest by the Restore Passenger Rail climate protest group, in which a Wellington car dealership was <a href="https://www.rnz.co.nz/news/national/498004/restore-passenger-rail-protesters-arrested-after-wellington-car-dealership-defaced">defaced with red paint</a>, is not just the latest in a local movement – it’s part of a <a href="https://carnegieendowment.org/publications/interactive/climate-protest-tracker">global trend</a>.</p>
<p>Airline bosses have been <a href="https://www.theguardian.com/business/2023/sep/07/ryanair-michael-oleary-hit-with-cream-pies-by-climate-protesters">hit with cream pies</a>, Just Stop Oil protesters have <a href="https://www.nytimes.com/2023/05/02/arts/design/vandalizing-art-protests.html">glued themselves</a> to iconic pieces of art in famous galleries, school students are skipping school to march for climate justice, and <a href="https://crisis24.garda.com/alerts/2023/07/germany-climate-protesters-blocking-runways-at-dusseldorf-and-hamburg-airports-the-morning-of-july-13">airport runways</a> have been invaded. Everywhere, <a href="https://www.rnz.co.nz/national/programmes/morningreport/audio/2018904907/restore-passenger-rail-protest-closes-highway">including in New Zealand</a>, roads and highways have been blocked.</p>
<p>It’s entirely likely such protests will continue and escalate in their impact as the <a href="https://www.unep.org/climate-emergency">climate emergency</a> worsens, and frustration grows with a perceived lack of meaningful government action.</p>
<p>Groups such <a href="https://rebellion.global/about-us/">Extinction Rebellion</a> view “non-violent direct action and civil disobedience” as not only justifiable but crucial in the face of what they see as an urgent existential threat.</p>
<p>But for every climate action there has been a political and legal reaction. From <a href="https://www.coe.int/en/web/commissioner/-/crackdowns-on-peaceful-environmental-protests-should-stop-and-give-way-to-more-social-dialogue">Europe</a> to <a href="https://www.hrw.org/news/2023/05/30/australias-crackdown-climate-activists">Australia</a> there have been crackdowns. New laws have been drafted in Britain to create <a href="https://www.gov.uk/government/publications/public-order-bill-overarching-documents/public-order-bill-factsheet">specific offences</a> such as obstructing major transport works, interfering with key national infrastructure, and causing serious disruption by tunnelling.</p>
<p>Earlier this year, a New Zealander living in Britain was given a “draconian” <a href="https://www.rnz.co.nz/news/national/488871/kiwi-climate-activist-given-draconian-prison-sentence-in-uk">three-year prison sentence</a> for his role in a protest that shut down a busy road in London.</p>
<p>With the stakes rising, it’s important that governments and legal systems find ways to adapt, without risking a climate protest arms race that may only encourage increasingly unreasonable impacts on the general public.</p>
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<h2>Rights and freedoms</h2>
<p>In New Zealand, a trend towards authorities reaching for harsher penalties is also evident. </p>
<p>The traditional sentence for obstructing a <a href="https://www.legislation.govt.nz/act/public/1981/0113/latest/whole.html#DLM53571">public road</a> without consent is a fine of up to NZ$1,000. Such penalties are now being augmented with potential charges of <a href="https://www.legislation.govt.nz/act/public/1961/0043/latest/DLM329273.html#:%7E:text=Crimes%20against%20public%20welfare&text=Every%20one%20commits%20criminal%20nuisance,or%20health%20of%20any%20individual.">criminal nuisance</a>, and <a href="https://www.rnz.co.nz/news/national/488116/protesters-blocking-roads-could-face-14-years-jail-police-warn">police have warned</a> that protesters could face up to 14 years in jail for <a href="https://www.legislation.govt.nz/act/public/1961/0043/latest/DLM330704.html?search=sw_096be8ed81d369a9_endangering+transport_25_se&p=1&sr=14">endangering transport</a>. </p>
<p>That is longer than many serious crimes, including the maximum ten years under <a href="https://www.beehive.govt.nz/release/new-law-targeting-ram-raids-passes-first-reading">proposed law changes for ram-raiding</a>.</p>
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Read more:
<a href="https://theconversation.com/dont-look-there-how-politicians-divert-our-attention-from-climate-protesters-claims-211381">Don’t look there: how politicians divert our attention from climate protesters' claims</a>
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<p>At the same time, protest is a critical part of free and democratic societies, and has been used (often in novel ways) to achieve change we now take for granted.</p>
<p>Although there is no specific right to protest in law, protesting is a manifestation of the rights to freedom of movement, <a href="https://legislation.govt.nz/act/public/1990/0109/latest/DLM225516.html?search=ts_act%40bill%40regulation%40deemedreg_New+Zealand+Bill+of+Rights+Act+1990_resel_25_a&p=1%2f">association</a> and <a href="https://legislation.govt.nz/act/public/1990/0109/latest/DLM225515.html?search=ts_act%40bill%40regulation%40deemedreg_New+Zealand+Bill+of+Rights+Act+1990_resel_25_a&p=1%2f">peaceful assembly</a> in most liberal societies.</p>
<p>Globally, such rights are protected by the United Nations Universal Declaration of Human Rights, and the related framework of human rights treaties. In Aotearoa New Zealand, the Bill of Rights Act 1990 guarantees those rights.</p>
<h2>No absolute right to protest</h2>
<p>And yet, the right to protest is not absolute. As with most rights, it can be subject to such reasonable legal limits as can be justified in a free and democratic society.</p>
<p>In practice, this means not all forms of protest may be permissible, such as disorderly acts or ones that risk violence or public safety. Tolerance of protest and some levels of inconvenience should be expected in liberal democracies. But intentional and serious disruption to ordinary life may be illegal if it is done unreasonably.</p>
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Read more:
<a href="https://theconversation.com/just-stop-oil-do-radical-protests-turn-the-public-away-from-a-cause-heres-the-evidence-192901">Just Stop Oil: do radical protests turn the public away from a cause? Here's the evidence</a>
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<p>Determining what is reasonable is the hard part. It involves assessing the scale and impact of the inconvenience, and the rights and freedoms of others affected.</p>
<p>So, peaceful protests that cause temporary inconvenience and limited obstruction might be permissible. But repeatedly blocking people from going about their business for prolonged periods may not be.</p>
<p>Climate protests exist at a moral and legal intersection. Reducing carbon emissions means targeting roads, highways and fossil fuel-powered vehicles by creating blockades and choke-points. But for centuries, authorities have been charged with keeping those vital routes open for citizens.</p>
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<h2>Worlds collide</h2>
<p>The challenge is to find the balance between two world views that are colliding. It’s wrong to try to silence legitimate dissent, but how do governments and other authorities make room for, and even facilitate, a protest movement aimed at altering fundamental behaviours?</p>
<p>One response might be to designate new areas where such protests can be held (including on roads) as a way to help those messages be heard and seen. These must be authorised and conducted in ways that don’t unreasonably hinder the rights of other citizens.</p>
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Read more:
<a href="https://theconversation.com/just-stop-oil-how-mediation-between-climate-activists-and-police-could-help-with-escalating-protests-180692">Just Stop Oil: how mediation between climate activists and police could help with escalating protests</a>
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<p>But it is unlikely to be enough for more radical ends of the protest movement, which clearly view direct and increasingly disruptive actions as the only effective method.</p>
<p>There may be no simple answer. But New Zealand’s next government should review the current legal frameworks to ensure they are fit for purpose. People are equal before the law, and breaking the rules means being held to account. But the penalties must not be disproportionate.</p>
<p>Law and policy already acknowledge the climate crisis will demand enormous effort and change. They cannot also become blunt tools for repressing social movements dedicated to holding those same powers to account.</p><img src="https://counter.theconversation.com/content/213644/count.gif" alt="The Conversation" width="1" height="1" />
<p class="fine-print"><em><span>Alexander Gillespie does not work for, consult, own shares in or receive funding from any company or organisation that would benefit from this article, and has disclosed no relevant affiliations beyond their academic appointment.</span></em></p>Police have warned climate protesters could face up to 14 years in jail for ‘endangering transport’ – longer than the maximum for serious crimes like ram-raiding.Alexander Gillespie, Professor of Law, University of WaikatoLicensed as Creative Commons – attribution, no derivatives.tag:theconversation.com,2011:article/2131092023-09-10T15:07:57Z2023-09-10T15:07:57ZTrials of Canadian, U.S. uprising organizers show the limits of protest rights<iframe style="width: 100%; height: 100px; border: none; position: relative; z-index: 1;" allowtransparency="" allow="clipboard-read; clipboard-write" src="https://narrations.ad-auris.com/widget/the-conversation-canada/trials-of-canadian-us-uprising-organizers-show-the-limits-of-protest-rights" width="100%" height="400"></iframe>
<p><a href="https://globalnews.ca/news/9944424/freedom-convoy-trial-day-3-social-media-evidence/">The trial has begun for two major leaders of the so-called Freedom Convoy</a> that occupied parts of Canada’s capital in early 2022. Two organizers, Tamara Lich and Chris Barber, are charged with mischief, obstructing police, counselling others to commit mischief and intimidation.</p>
<p>At the same time, in the United States, former Proud Boys leader Enrique Tarrio <a href="https://www.bbc.com/news/world-us-canada-66712589">has been sentenced to 22 years in prison</a> for his role in the Jan. 6, 2021 insurrection on Capitol Hill. Several others involved in that uprising <a href="https://www.justice.gov/usao-dc/capitol-breach-cases">have also received long prison terms.</a></p>
<p>The trials and sentencing hearings connected to these events are being closely watched because they raise questions about the way citizens <a href="https://ccla.org/our-work/fundamental-freedoms/right-to-protest/">can express dissent and protest in democracies</a>. </p>
<h2>Stoked by politicians</h2>
<p>The importance of the criminal trials — and in the U.S., the ongoing appeals process as well — extends beyond the fate of the people before the courts. The protests, and in some cases the violence, were partly instigated and encouraged by politicians. </p>
<p>In Canada, Erin O'Toole, then the leader of the Conservative Party of Canada, <a href="https://twitter.com/erinotoole/status/1487210614124691457?lang=en">met with truckers as they travelled to Ottawa</a>. Current leader Pierre Poilievre <a href="https://www.cbc.ca/news/politics/poilievre-conservative-otoole-convoy-vaccine-mandate-1.6335286">has also been supportive</a> of Freedom Convoy protesters.</p>
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<p>In the U.S., defeated president Donald Trump has been accused of <a href="https://www.reuters.com/legal/government/us-capitol-riot-probe-turns-focus-trump-allies-extremist-groups-2022-07-12/">inciting the crowd of supporters who sacked the Capitol.</a> </p>
<p>He faces no criminal charges specifically for the riot — the U.S. Senate refused to impeach him for “incitement of insurrection” — though he has been <a href="https://abcnews.go.com/US/latest-federal-charges-donald-trump/story?id=101918701">indicted for his alleged broader efforts to overturn the 2020 presidential election.</a> </p>
<p>The events in both Canada and the U.S. continue to shape politics in the two countries.</p>
<p>Prosecutors in the U.S. have relied on the little-used charge of <a href="https://www.independent.co.uk/news/world/americas/crime/enrique-tarrio-seditious-conspiracy-proud-boys-b2406246.html">seditious conspiracy</a> to obtain long prison terms (<a href="https://www.cnn.com/2023/08/18/politics/capitol-rioters-split-sentences-appeals/index.html">that are or will be appealed</a>). Even those not physically present at the violence, <a href="https://www.theatlantic.com/ideas/archive/2023/09/enrique-tarrio-proud-boys-finds-out/675230/">including Tarrio</a>, have been sentenced to decades-long prison terms. </p>
<p>In Canada, the Freedom Convoy, although far less violent, was not as spontaneous as the siege of the Capitol. It was organized over the course of several weeks. <a href="https://globalnews.ca/news/9241002/emergencies-act-inquiry-freedom-convoy-leaders/">Neither the organizers nor law enforcement officials were prepared for how many would ultimately arrive in the nation’s capital or for how long they would remain.</a></p>
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Read more:
<a href="https://theconversation.com/the-emergencies-act-inquiry-revealed-a-disturbing-disregard-of-the-public-interest-194797">The Emergencies Act inquiry revealed a disturbing disregard of the public interest</a>
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<h2>Is incitement illegal?</h2>
<p><a href="https://www.cbc.ca/news/canada/ottawa/convoy-leaders-trial-will-settle-criminal-question-but-debates-will-rage-on-1.6956416">Lich and Barber have opted for a judge-alone trial</a> in Ottawa, which is common when a case elicits strong views among the population. </p>
<p>They are charged with encouraging people to travel to Ottawa and remain there, in defiance of police orders. Yet it’s by no means clear that offering such encouragement is illegal.</p>
<p>Given the nature of the charges in the U.S., <a href="https://www.axios.com/2023/09/01/jan-6-longest-sentences-list">prosecutors have sought maximum sentences</a>; that’s a possibility in Canada as well in the event that Lich and Barber are convicted. This might be a way to reduce the odds of other groups or individuals staging similar events in the future.</p>
<p>Yet protest is a fundamental feature of democracies, and they’re not always peaceful and planned. At times they spiral out of control and can threaten the existing order. </p>
<p>The United States, after all, <a href="https://www.britannica.com/event/American-Revolution">was created via non-peaceful means by citizens who battled their own government</a>.</p>
<p>Canada, with its history of evolution rather than revolution, is not fertile ground for violent protest. Consequently, many <a href="https://nationalpost.com/news/politics/two-thirds-of-canadians-support-use-of-emergencies-act-and-want-freedom-convoy-cleared-out-poll">Canadians viewed the chaotic blockade in Ottawa, and the state’s inability to respond to it for several weeks</a>, to be almost as shocking as the violence and looting in Washington.</p>
<p>Court decisions in both countries seem likely to restrict the scope of action for future protesters. The threat to the existing order is one that governments, security agencies and the courts take very seriously. This applies as much in a democracy as in any other form of government.</p>
<h2>Emergencies Act changes?</h2>
<p>In Canada, the Liberal government is <a href="https://www.cbc.ca/news/politics/emergencies-act-report-update-1.6953118">reviewing changes to the Emergencies Act</a> designed to better deal with future events that require broad government intervention. No specific amendments have been announced, but it’s likely they’ll increase the ability of the state to intercede when protests spiral out of control.</p>
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<p>In the U.S., with a political culture that stresses individual freedom, the long-term implications of the Jan. 6 trials and sentencings are unclear. </p>
<p>If Trump, <a href="https://edition.cnn.com/interactive/2023/07/politics/trump-indictments-criminal-cases/index.html">facing several criminal indictments</a>, manages to return to the White House, his supporters may regard the attack on the Capitol as being successful and justified. If Trump fades, perhaps embroiled in the court cases that dog him, so might those who rioted.</p>
<p>But on both sides of the border, politicians in power should be much more wary about <a href="https://www.brookings.edu/articles/why-are-people-protesting/">creating conditions that foster violent protests, marches or other forms of popular dissent</a>. <a href="https://www.cbc.ca/news/politics/pco-emergencies-act-1.6656704">Security agencies certainly are.</a> </p>
<p>In Canada, some of the genesis of the Freedom Convoy was also due to <a href="https://theconversation.com/canadas-freedom-convoy-exposes-political-missteps-and-donald-trumps-ominous-legacy-175898">political and administrative missteps</a> in vaccine mandate communications and enforcement. </p>
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Read more:
<a href="https://theconversation.com/canadas-freedom-convoy-exposes-political-missteps-and-donald-trumps-ominous-legacy-175898">Canada's 'freedom convoy' exposes political missteps — and Donald Trump's ominous legacy</a>
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<p>Hopefully the current criminal proceedings will lead to a considered examination of how <a href="https://www.amnesty.org/en/what-we-do/freedom-of-expression/protest/">citizens can protest legally</a> — and to what extent those protests can tread into non-legal territory without incurring the full wrath of the state.</p><img src="https://counter.theconversation.com/content/213109/count.gif" alt="The Conversation" width="1" height="1" />
<p class="fine-print"><em><span>Thomas Klassen does not work for, consult, own shares in or receive funding from any company or organisation that would benefit from this article, and has disclosed no relevant affiliations beyond their academic appointment.</span></em></p>Ongoing criminal proceedings in Canada and the U.S. tied to high-profile uprisings must shed light on how large protests can avoid incurring the full wrath of the state.Thomas Klassen, Professor, School of Public Policy and Administration, York University, CanadaLicensed as Creative Commons – attribution, no derivatives.tag:theconversation.com,2011:article/2053282023-05-10T14:26:22Z2023-05-10T14:26:22ZCoronation arrests: how the new public order law disrupted protesters’ once in a lifetime opportunity<p>London’s Metropolitan police were keen to portray the coronation of King Charles III as a <a href="https://twitter.com/metpoliceuk/status/1654885984146694146?s=20">once in a generation</a> event justifying the pre-emptive, early morning arrests they made across London. It was also a once in a lifetime event for the 64 <a href="https://www.theguardian.com/uk-news/2023/may/06/head-of-uks-leading-anti-monarchy-group-arrested-at-coronation-protest">mostly republican protesters</a> who were arrested on coronation day.</p>
<p>The <a href="https://twitter.com/metpoliceuk/status/1655665843441680384?s=20">police have issued a statement</a> regarding the arrest of Graham Smith, the head of anti-monarchy group <a href="https://www.republic.org.uk/">Republic</a> and five others, who were released after about 18 hours in custody. The police expressed regret not explicitly for arresting them, but that they were “unable to join the wider group of protesters” elsewhere. </p>
<p>The group of six were arrested a few hours before the coronation, as they loaded placards onto a van on St Martin’s Lane, close to where the main Republic protest was planned. The Met has indicated that the arrests were for possessing equipment that could be used to “lock on”, contrary to <a href="https://www.legislation.gov.uk/ukpga/2023/15/section/2">the Public Order Act</a>, which received royal assent only a couple of days before. </p>
<p>These arrests confirm the fears of <a href="https://committees.parliament.uk/publications/22681/documents/166680/default/">vagueness and breadth</a>, expressed by legal scholars, activists and parliament’s own joint committee on human rights, when it comes to the new law.</p>
<p>The offence of locking on was introduced in the act, which <a href="https://www.gov.uk/government/publications/public-order-bill-overarching-documents/public-order-bill-factsheet">very broadly defined it</a> as attaching yourself to others, objects or buildings to cause serious disruption. It can be committed no matter how transient the attachment, and simply by linking arms. </p>
<p>No equipment is needed, though in the case of the coronation, the police claimed that luggage straps could be used. Be wary of wearing lace-up shoes <a href="https://kite.link/BK1115Protest">to a protest</a> as you risk arrest if the police suspect you intend serious disruption. </p>
<p>Of the dozens of others arrested on the day, the Met police said that arrests included to prevent breach of the peace and conspiracy to cause a public nuisance. Breach of the peace was called upon at last year’s “Not my king” <a href="https://theconversation.com/anti-monarchy-protesters-arrested-an-expert-on-what-the-law-says-190603">protests at the time of the queen’s death</a>.</p>
<p>Public nuisance was recently codified (from the common law) in the <a href="https://www.legislation.gov.uk/ukpga/2022/32/section/78/enacted">Police, Crime, Sentencing and Courts Act 2022</a>. Conspiracy punishes Person A who agrees with Person B to commit a future offence – not the substantive crime. It can be committed even if the actual crime is impossible. </p>
<p>A conspiracy charge is a longstanding part of the police armoury, often used to deal with environmental activists such as those <a href="https://www.itv.com/news/london/2022-11-08/just-stop-oil-protesters-remanded-over-m25-disruption-plans-and-action">M25 protesters last November</a> or the <a href="https://www.theguardian.com/uk-news/2020/aug/26/extinction-rebellion-co-founder-roger-hallam-held-on-damage-plot-charge">Extinction Rebellion “uprising”</a> demonstration.</p>
<h2>The right to protest</h2>
<p>In UK domestic law, the right to protest is guaranteed in the Human Rights Act 1998, which protects the right to peaceful assembly and freedom of expression. An important legal principle when considering how, when and where people should be able to protest is that limited forms of disruptive protest are still protected by law.</p>
<p>We know this from <a href="https://hudoc.echr.coe.int/eng?i=001-158200">multiple</a> <a href="https://hudoc.echr.coe.int/eng?i=001-144673">cases</a> tried at the European Court of Human Rights, but most importantly from the 2021 UK <a href="https://www.supremecourt.uk/cases/uksc-2019-0106.html">Supreme Court decision</a> involving a group of protesters who formed a blockade outside of an arms convention, and were charged with obstruction.</p>
<p>The court held that an intentionally disruptive protest could constitute a “reasonable excuse” in law, and thus be protected – disruption does not mean protesters automatically lose their rights. While recent cases, such as a ruling that protects <a href="https://www.supremecourt.uk/cases/uksc-2022-0077.html">“safe access zones”</a> outside of abortion clinics in Northern Ireland chip away at this, my view is that this assertion of legal principle holds good. </p>
<p>The key, as it is in so many human rights cases, is whether an arrest and charge are a proportionate response. Have the police properly balanced the competing rights and interests? </p>
<p>For now, we need simply to understand that the court identified various factors that would tip the scales one way or another when undertaking that proportionality assessment. Critical here are “the importance of the precise location to the protesters” and the fact that protesters’ views are on “very important issues” – both obviously in play in the coronation arrests.</p>
<p>At least <a href="https://twitter.com/ProfTomkins/status/1655111965142859776?s=20">one legal commentator</a> has urged that protesters should have done so “in Bristol or Manchester” not in London, on the day of the coronation. This would be a worrying portent. Should protesters against a political party deliberately eschew its conference city? </p>
<h2>Chilling effects</h2>
<p>The arrests and subsequent release tell us much about the state of policing of protest in the UK today. Many senior retired officers, now free to speak out, were <a href="https://twitter.com/PolicingCrowds/status/1655482122461667329?s=20">very concerned</a> at the direction of travel in the new public order law. </p>
<p>There are also <a href="https://twitter.com/SeethingMead/status/1655682059870797832?s=20">real concerns</a> about police use of social media to spread (intentionally or not) mixed messages about their powers and the law. Ahead of the coronation, the Met <a href="https://www.independent.co.uk/news/uk/home-news/coronation-king-charles-protests-police-b2331694.html">confirmed</a> it would not stop anti-monarchy protests unless they caused serious disruption. On the same day, it also asserted a <a href="https://twitter.com/metpoliceuk/status/1653745710724968448?s=20">low tolerance for disruption</a>. The result is likely confusion and a future chill, as a misinformed public decides not to risk it. </p>
<p>Equally worrying is that the arrests came after republican protesters liaised <a href="https://www.theguardian.com/uk-news/2023/may/08/arrests-coronation-protesters-premeditated-republic-chief-police">with officers</a> during the planning process. The view that negotiations with police are far more about intel-building than anything else gains greater traction. </p>
<p>The events highlight the near total ineffectiveness of any form of timely review or control. For monarchists and republicans alike, a coronation is indeed a very rare opportunity to celebrate or protest the monarchy in action. </p>
<p>Being released hours later with an apology, or having a court case in months to come is simply of no value to those who wanted to oppose this <a href="https://youtu.be/5IsSpAOD6K8">once in a lifetime</a> happening as it played out. But as David Byrne goes on to remind us, “same as it ever was” – in music, as in policing.</p><img src="https://counter.theconversation.com/content/205328/count.gif" alt="The Conversation" width="1" height="1" />
<p class="fine-print"><em><span>David Mead is a member of the Labour Party, the UCU, the Society of Labour Lawyers, and Netpol Lawyers </span></em></p>An expert on protest law explains what the arrests of anti-monarchy activists tell us.David Mead, Professor of UK Human Rights Law, University of East AngliaLicensed as Creative Commons – attribution, no derivatives.tag:theconversation.com,2011:article/2042182023-04-21T12:02:03Z2023-04-21T12:02:03ZHow can a French protester be arrested under British terrorism laws in London? The alarming ‘schedule 7’ power explained<figure><img src="https://images.theconversation.com/files/522145/original/file-20230420-1202-2cdcbh.jpg?ixlib=rb-1.1.0&rect=107%2C98%2C2887%2C1895&q=45&auto=format&w=496&fit=clip" /><figcaption><span class="caption">Moret was arrested after arriving at St Pancras International station. </span> <span class="attribution"><span class="source">Shutterstock</span></span></figcaption></figure><p>The arrest and charging of a French publisher as he arrived in London has raised serious questions about the use and abuse of power in the UK. </p>
<p>Ernest Moret was detained and questioned by police at St Pancras station under counter-terrorist powers, allegedly because of his involvement in the anti-government protests that have swept France in recent weeks. Moret was stopped under <a href="https://www.legislation.gov.uk/ukpga/2000/11/schedule/7">schedule 7</a> of the Terrorism Act 2000, one of the most controversial counter-terrorist powers in the UK.</p>
<h2>What is schedule 7?</h2>
<p>Schedule 7 gives police the power to examine and detain anybody at an airport or port (or in this case, an international train station) for up to six hours, even if they don’t have reasonable suspicion that they’ve done anything wrong. </p>
<p>In contrast, ordinary powers of <a href="https://www.legislation.gov.uk/ukpga/1984/60/section/24">arrest</a> or <a href="https://www.legislation.gov.uk/ukpga/1984/60/section/1">stop and search</a> do require that police have reasonable suspicion first before they exercise these powers.</p>
<p>If you are stopped under schedule 7, you must comply with an examination, which includes handing over documents and any other information requested. Failure to do so is a criminal offence, which is apparently why Moret was arrested – according to a statement released by his publisher, he <a href="https://www.versobooks.com/en-gb/blogs/news/joint-press-release-by-editions-la-fabrique-paris-and-verso-books-london">refused to disclose the passcodes to his phone and computer</a>.</p>
<p>While schedule 7 can be exercised without reasonable suspicion, the power must only be used for the specific purpose of assessing whether a person “is or has been concerned in the commission, preparation or instigation of acts of terrorism”. It would not be lawful to use it to stop someone for another type of crime, say, possessing drugs or trespassing.</p>
<p>Therefore, if, as it is alleged, Moret was stopped because the police said “they had the right to ask him about demonstrations in France” this raises the question of whether the power was exercised for the correct purpose – assessing whether he was a person concerned in the commission, preparation or instigation of acts of terrorism. </p>
<h2>What is terrorism?</h2>
<p>Ultimately, this all depends upon the meaning of “acts of terrorism” and the UK’s definition of terrorism contained in <a href="https://www.legislation.gov.uk/ukpga/2000/11/section/1">British law</a> is very broad. Essentially, the UK defines terrorism as an act (or threat of action) that is designed to influence the government or an international organisation, or to intimidate the public or section of the public for the purpose of advancing a political, religious, racial or ideological cause.</p>
<p>Not all actions, however, are captured. The law defines acts as involving serious violence against a person, serious damage to property, endangering people’s lives, creating a serious risk to the health or safety of the public or designed to seriously interfere with or disrupt an electronic system. </p>
<p>On the face of it, this definition seems reasonable. We all imagine terrorist attacks as hurting or killing people. Perhaps we also imagine them seriously damaging property too. It would be perverse to say a bomb that killed people was a terrorist attack but the bomb that only damaged a building was not. </p>
<p>However, not all examples are so clear-cut. What must the level of damage to property be? The definition of terrorism is silent as to how this damage can occur. In other words, damage doesn’t have to be inflicted using bombs or firearms to amount to terrorism. </p>
<p>Would protesters <a href="https://www.theguardian.com/environment/2019/oct/03/extinction-rebellion-protesters-spray-fake-blood-treasury-london">spraying a building with fake blood</a> be causing “serious damage to property”? What about <a href="https://theconversation.com/public-sculpture-expert-why-i-welcome-the-decision-to-throw-bristols-edward-colston-statue-in-the-river-140285">cutting off the head of a statue</a> in protest at the UK’s public institutions’ failure to grapple with its slave-trading legacy? Controversial, perhaps, but terrorism? What about disrupting a sporting event and causing <a href="https://www.theguardian.com/sport/2023/apr/17/world-snooker-championship-disrupted-just-stop-oil-protestors-crucible-theatre-sheffield">damage to property in the process</a>?</p>
<p>Most people would probably think that we know terrorism when we see it but trying to legally define terrorism is notoriously difficult. For this reason, the UK defines terrorism in broad strokes and then places immense trust in decision-makers such as the police to ensure that the definition is not applied in a perverse way. </p>
<p>This means that it is not the wording of laws that is preventing terrorist powers from being applied to the above examples of political protest. Rather, it is how they are being interpreted and applied. </p>
<h2>Freedom of expression</h2>
<p>This delegation to law enforcement and prosecutors on the ground is what makes the detention of the French publisher so worrying. Schedule 7 has a troublesome and controversial history in this regard. </p>
<p>In 2013 David Miranda, husband of journalist Glenn Greenwald, was detained at Heathrow airport carrying files related to information obtained by US whistleblower Edward Snowden. While the <a href="https://www.judiciary.uk/wp-content/uploads/2016/01/miranda-v-home-sec-judgment.pdf">Court of Appeal</a> did find that he had been lawfully detained, it also found that schedule 7 failed to adequately protect journalists’ right to freedom of expression under the European Convention on Human Rights.</p>
<p>Rather than amend the law on schedule 7 to rectify this, the UK took the much narrower approach and amended the officer <a href="https://www.gov.uk/government/publications/draft-code-of-practice-for-schedule-7-to-the-terrorism-act-2000">code of practice</a> that officers should follow when exercising the powers to provide additional safeguards for journalists. However, this seems not to have been sufficient to protect Moret from being detained and then arrested for non-compliance with schedule 7. </p>
<p>While certain elements of the protests in France have turned violent, protest is, nevertheless, fundamental to a democracy. French MPs are even participating.</p>
<p>So if the police are now interpreting the UK’s definition of terrorism to capture French citizens for protesting in France, this is deeply concerning. This definition is also not limited to actions that occur within the UK so a person engaging in such conduct abroad could still be subject to British counter-terorrist powers once they arrive in the UK. </p>
<p>This may make sense to us when considering people who have returned to the UK after travelling to Syria or Iraq to join Islamic State but are the French protests in a democratic country really the same? What about if similar protests against an anti-democratic or authoritarian regime turned violent? These too are potentially captured by a British definition of terrorism which makes no distinction between whether the government which the activity is directed against is democratic or not. </p>
<p>Overall, the UK has decided on a <a href="https://www.cambridge.org/core/journals/international-and-comparative-law-quarterly/article/defining-terrorism-one-size-fits-all/0E707CD33E7F656573C777BE23C27168">very broad definition of terrorism</a> to suit the need to capture the lowest common denominator. Any attempt to amend this definition, or to replace it with different definitions for different powers and criminal offences would require substantial time and political effort and is unlikely to occur any time soon. </p>
<p>Until such a time as there is the political will to change the law, British transport hubs will remain a precarious place because of schedule 7 and the discretion it bestows on police officers.</p><img src="https://counter.theconversation.com/content/204218/count.gif" alt="The Conversation" width="1" height="1" />
<p class="fine-print"><em><span>Alan Greene does not work for, consult, own shares in or receive funding from any company or organisation that would benefit from this article, and has disclosed no relevant affiliations beyond their academic appointment.</span></em></p>Publisher Ernest Moret was detained under terrorism powers for taking part in protests against Emmanuel Macron’s pension reforms.Alan Greene, Reader in Constitutional Law and Human Rights, University of BirminghamLicensed as Creative Commons – attribution, no derivatives.tag:theconversation.com,2011:article/1930512022-10-31T16:53:42Z2022-10-31T16:53:42ZPublic order bill: new law is designed to stop climate protests – but it could actually give activists a legal tool<p>The UK’s environmental movement has a long history of using protest as a strategy. Disruption is often at the heart of this, either disrupting infrastructure projects themselves in an attempt to stop them going ahead (roads, fracking sites), or targeting existing infrastructure (fuel depots, airport runways or bridges) to disrupt others. Disruption gets people’s attention in a way that a conventional demonstration with placards seldom does – although it is not <a href="https://doi.org/10.1093/sf/sov124">without the risk of backlash</a>.</p>
<p>Recent climate activism has followed this disruptive tradition, with Extinction Rebellion <a href="https://news.sky.com/story/climate-change-extinction-rebellion-activists-block-central-london-roads-in-protest-over-fossil-fuels-12586314">blocking key London streets and bridges</a>, Insulate Britain <a href="https://www.euronews.com/green/2021/09/24/thousands-are-dying-why-insulate-britain-activists-say-they-have-no-choice-but-to-block-mo">blocking motorways</a> and Just Stop Oil targeting transport <a href="https://www.theguardian.com/environment/2022/apr/11/no-10-condemns-guerrilla-tactics-of-just-stop-oil-blocking-fuel-deliveries">fuel distribution networks</a>.</p>
<p>The government is keen to use the law to try to stamp out this type of disruptive protest. At the heart of this drive is the <a href="https://bills.parliament.uk/bills/3153">public order bill</a>, introduced in May 2022 by the then home secretary, Priti Patel. But in introducing this bill the government may not have considered how the environmental movement has an equally long history of <a href="https://www.researchgate.net/publication/270610312_Having_Your_Day_in_Court_Judicial_Opportunity_and_Tactical_Choice_in_Anti-GMO_Campaigns_in_France_and_the_United_Kingdom">using criminal law to its advantage</a>. </p>
<p>Getting arrested is often part of the protest strategy. While the new bill is intended to crack down on protest, it may inadvertently provide an avenue for further activism. One could see environmental groups bringing private prosecutions for climate offences committed under the bill, or at the very least arguing that the police should be bringing charges against the other side.</p>
<p>Take the offence of “locking on”. Section 1 of <a href="https://bills.parliament.uk/publications/48041/documents/2333#pt_1__xhdg_1">the bill</a> states that a person commits an offence if they attach themselves, someone else or an object to another person, an object or land. </p>
<p>That act must cause, or be capable of causing, “serious disruption” to two or more people or an organisation, and the person must do this intentionally or be reckless to the consequences. The bill provides a defence if the person charged can prove they had a “reasonable excuse” for the act.</p>
<p>This offence is clearly aimed at protesters, who have used gluing and other forms of locking on as a way of preventing their quick removal by the police. But there is no reason why the climate movement cannot argue that a driver of a petrol tanker, in connecting their trailer with a cab, is “attaching an object to another object”. </p>
<p>This attachment, it could be argued, would help cause serious climate disruption to far more than just two individuals. While the driver may not have intended such disruption, one could argue that they are reckless as to whether it will have such consequences. Will the driver have a reasonable excuse defence? That’s for them to prove – the climate movement may try to argue that they do not.</p>
<p>Section 3 sets out an offence of causing serious <a href="https://bills.parliament.uk/publications/48041/documents/2333#pt_1__xhdg_3">disruption by tunnelling</a>. It states that a person commits an offence if they create or participate in the creation of a tunnel, and the tunnel causes, or is capable of causing, serious disruption. </p>
<p>Again, they must intend or be reckless as to whether the creation or existence of the tunnel will have this consequence. The section similarly provides for a “reasonable excuse” defence and states that a person will be deemed to have a reasonable excuse if the tunnel was authorised by the relevant landowner. </p>
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<p>
<em>
<strong>
Read more:
<a href="https://theconversation.com/decade-of-dissent-how-protest-is-shaking-the-uk-and-why-its-likely-to-continue-125843">Decade of dissent: how protest is shaking the UK and why it's likely to continue</a>
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<p>With this in mind, environmental groups could bring private prosecutions against fracking companies or proposed underground coal mines such as the controversial <a href="https://www.independent.co.uk/climate-change/news/coal-mine-climate-fossil-fuels-b2116796.html">Woodhouse Colliery site in Cumbria</a>. These fossil fuel extraction activities are, one could argue, using tunnelling that is capable of causing serious climate disruption, and the relevant companies are reckless as to whether these harmful consequences could occur. </p>
<p>Whether they have a reasonable excuse or not may turn on arguments about whether such new fossil fuel extraction sites are compatible with the <a href="https://www.theguardian.com/environment/2021/may/18/no-new-investment-in-fossil-fuels-demands-top-energy-economist">government’s net-zero targets</a>.</p>
<h2>Reasonable excuses</h2>
<p>The defence may argue that they can rely on the “deemed” reasonable excuse where the creation of the tunnel was authorised by a landowner. That provision will normally protect standard infrastructure tunnellers (for example, those building a road tunnel). But where horizontal drilling “tunnels” go under other people’s land (as can happen with fracking), it is not entirely clear that the tunnel will be so authorised. </p>
<p>There was a similar issue with the tort of trespass to land, with groups such as Greenpeace trying to stop fracking using a precedent where former Harrods owner Mohamed Al-Fayed had <a href="https://www.independent.co.uk/news/uk/home-news/greenpeace-landowners-can-work-together-to-block-fracking-trespass-8879636.html">successfully sued</a> Star Energy for drilling under his land. The government shut down this avenue via the Infrastructure Act 2015.</p>
<p>The 2015 act provides that a “person has the right to use deep-level land in any way for the purposes of exploiting petroleum or deep geothermal energy” under a depth of 300 metres from the surface. This means they can’t be sued in tort for trespass. </p>
<p>But it doesn’t avoid the need for an authorisation from neighbouring landowners for the purposes of the public order bill. Without such an authorisation, a defendant is unlikely to be able to rely on the bill’s deemed reasonable excuse defence.</p>
<p>Even if these arguments end up being given short shrift in the courts, they may at least give campaigners charged with these draconian new offences an opportunity to tell a different story about the offences they have been charged with. Protest is often the canary in the coalmine. If we shut it down, some may avoid being disrupted now, but with climate change, we will surely all be disrupted much more in the future as the planet <a href="https://www.ipcc.ch/2022/02/28/pr-wgii-ar6/">warms beyond 1.5°C</a>. </p>
<p>Protest is also a safety valve. In further restricting overt protest, the bill could have the unintended consequence of driving eco-activists towards more extreme and violent <a href="https://www.lag.org.uk/article/211406/environmental-crisis-and-civil-rights">forms of covert action</a>.</p><img src="https://counter.theconversation.com/content/193051/count.gif" alt="The Conversation" width="1" height="1" />
<p class="fine-print"><em><span>Chris Hilson is a legal adviser to ClientEarth and has acted as an expert witness for Friends of the Earth Scotland in a planning inquiry on fracking/coal bed methane extraction. </span></em></p>A legal expert explains how climate activists could use the government’s own legislation to their advantage.Chris Hilson, Professor of Law, Director of the Centre for Climate and Justice, University of ReadingLicensed as Creative Commons – attribution, no derivatives.tag:theconversation.com,2011:article/1915792022-10-31T02:32:40Z2022-10-31T02:32:40Z40 years ago, protesters were celebrated for saving the Franklin River. Today they could be jailed for months<figure><img src="https://images.theconversation.com/files/492452/original/file-20221031-26-xhbsr0.jpeg?ixlib=rb-1.1.0&rect=13%2C11%2C1537%2C1207&q=45&auto=format&w=496&fit=clip" /><figcaption><span class="caption">
</span> <span class="attribution"><a class="source" href="https://en.wikipedia.org/w/index.php?curid=616420">Peter Dombrovskis/National Library of Australia/Wikimedia</a></span></figcaption></figure><p>The 1982 <a href="https://www.nma.gov.au/defining-moments/resources/franklin-dam-greens">campaign</a> to stop the building of Tasmania’s Franklin River dam was a defining moment in the history of Australia’s social movements. Those events are now being recounted in the documentary <a href="https://franklinriver.movie/">Franklin</a>, <a href="https://franklinriver.movie/screenings">screening</a> throughout the country.</p>
<p>Franklin tells how thousands of activists stood up in front of police and bulldozers and, through a persistent yet peaceful opposition, eventually forced the Tasmanian government to abandon the project. It was one of Australia’s <a href="http://envlaw.com.au/tasmanian-dam-case/">most famous</a> campaigns of <a href="https://www.google.com.au/books/edition/Civil_Disobedience/seTaDwAAQBAJ?hl=en&gbpv=1&printsec=frontcover">civil disobedience</a>. </p>
<p>Sadly, the story contrasts starkly with current political discourse. Environmental activists in Australia today are often depicted as public enemy number one. In the past few years, a swathe of anti-protest legislation has been enacted at both state and federal levels, imposing extremely tough sentences on those falling foul of the law. </p>
<p>A citizen trying to emulate the Franklin dam protesters today would likely pay a very high price. This silencing of dissent means an important tool for environmental advocacy is closed – and both nature and democracy will suffer. </p>
<figure class="align-center ">
<img alt="protesters sit on dirt road holding banners and a flag" src="https://images.theconversation.com/files/492454/original/file-20221031-18-8sooxi.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=754&fit=clip" srcset="https://images.theconversation.com/files/492454/original/file-20221031-18-8sooxi.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=600&h=394&fit=crop&dpr=1 600w, https://images.theconversation.com/files/492454/original/file-20221031-18-8sooxi.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=600&h=394&fit=crop&dpr=2 1200w, https://images.theconversation.com/files/492454/original/file-20221031-18-8sooxi.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=600&h=394&fit=crop&dpr=3 1800w, https://images.theconversation.com/files/492454/original/file-20221031-18-8sooxi.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=754&h=496&fit=crop&dpr=1 754w, https://images.theconversation.com/files/492454/original/file-20221031-18-8sooxi.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=754&h=496&fit=crop&dpr=2 1508w, https://images.theconversation.com/files/492454/original/file-20221031-18-8sooxi.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=754&h=496&fit=crop&dpr=3 2262w" sizes="(min-width: 1466px) 754px, (max-width: 599px) 100vw, (min-width: 600px) 600px, 237px">
<figcaption>
<span class="caption">Protesters in southwest Tasmania in 1982, opposing the proposed Franklin River dam. A citizen trying to emulate them today would pay a high price.</span>
<span class="attribution"><span class="source">National Archives of Australia</span></span>
</figcaption>
</figure>
<h2>Silencing peaceful protest</h2>
<p>Politicians insist anti-protest laws <a href="https://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=&cad=rja&uact=8&ved=2ahUKEwip_5a778P6AhWmyosBHbWXDvM4ChAWegQIBRAB&url=https%3A%2F%2Fwww.theguardian.com%2Faustralia-news%2F2022%2Fjun%2F28%2Fnsw-premier-labels-blockade-australia-protesters-bloody-idiots-as-sydney-police-make-12-more-arrests&usg=AOvVaw35wQ8of2S7S2mdX2RiVujc">protect the community</a> from disruptive behaviour. Human rights organisations, on the other hand, <a href="https://static1.squarespace.com/static/580025f66b8f5b2dabbe4291/t/61f089b18edca03eeb443cc1/1643153858652/Global_Warning_report_HRLC_EDO_GP.pdf">denounce the laws</a> as systemic repression which threatens the right to protest.</p>
<p>The former Coalition federal government was consistent in its anti-protest stance. It frequently sought to portray environmental and <a href="https://journals.sagepub.com/doi/full/10.1177/2046147X211055192">animal-welfare</a> activists as dangerous extremists.</p>
<p>For example, a peaceful animal welfare protest in Melbourne in 2019 which disrupted traffic drew the ire of then prime minister Scott Morrison. He described the activists as “green-collared criminals” and said “the full force of the law” should be used against them.</p>
<p>At the state level, <a href="https://theconversation.com/lock-on-devices-are-a-symbol-of-non-violent-protest-but-they-might-soon-be-banned-in-queensland-122472">Queensland</a>, <a href="https://www.hrlc.org.au/news/new-nsw-anti-protest-laws-are-excessive-and-unnecessary">New South Wales</a>, <a href="https://www.justice.tas.gov.au/community-consultation/closed-community-consultations2/workplaces-protection-from-protesters-amendment-bill-2021">Tasmania</a>, <a href="https://melbactivistlegal.org.au/2021/01/19/call-on-the-city-of-melbourne-to-stop-silencing-protests/">Victoria</a> and <a href="https://www.watoday.com.au/national/western-australia/wa-counter-terrorism-police-raid-climate-activists-homes-over-chalk-graffiti-20210820-p58kn0.html">Western Australia</a> have all contributed to demonising environmental protest. And there’s no sign they intend to change.</p>
<p>Two months ago, the Tasmanian government <a href="https://www.hrlc.org.au/news/2022/6/23/dark-day-for-democracy-as-tasmanian-anti-protest-bill-set-to-become-law">increased penalties</a> for protesters who, much like the old Franklin activists, obstruct “business activities” such as mining and logging. </p>
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Read more:
<a href="https://theconversation.com/animal-rights-activists-in-melbourne-green-collar-criminals-or-civil-disobedients-115119">Animal rights activists in Melbourne: green-collar criminals or civil 'disobedients'?</a>
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<p>First-time offenders face a fine up to $9,050 and up to 18 months in prison. For second offences, the fine is $13,575 and two years in prison. </p>
<p>Earlier this year, the NSW government passed a <a href="https://www.parliament.nsw.gov.au/bills/Pages/bill-details.aspx?pk=3963">bill</a> introducing the new offence of disrupting major public facilities. It means citizens who, for example, organise a peaceful protest <a href="https://greens.org.au/nsw/news/media-release/today-coalition-has-made-it-crime-protest-town-hall">in front of a train station</a>, face up to <a href="https://www.smh.com.au/national/nsw/curbing-our-freedom-the-nsw-bill-that-should-never-have-become-law-20220402-p5aaat.html">two years in prison</a>. </p>
<p>Also in NSW, one non-violent activist was recently <a href="https://www.hrw.org/news/2022/06/22/australia-climate-protesters-rights-violated">remanded</a> for two weeks in a maximum-security prison, and others have been subjected to harsh curfew conditions despite posing no threat to the community. </p>
<p>And NSW Police this year re-established a special <a href="https://www.nationaltribune.com.au/further-man-charged-by-strike-force-guard-over-unauthorised-protest-nsw/">Strike Force Guard</a> that seeks to prevent, investigate and disrupt unauthorised protests.</p>
<p>NSW’s harsh approach prompted Amnesty International to launch a <a href="https://action.amnesty.org.au/act-now/protect-the-right-to-protest-in-nsw">petition</a> urging the state government to respect citizens’ right to protest.</p>
<figure class="align-center ">
<img alt="police hold a civilian by the arm" src="https://images.theconversation.com/files/492457/original/file-20221031-26-n7ogim.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=754&fit=clip" srcset="https://images.theconversation.com/files/492457/original/file-20221031-26-n7ogim.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=600&h=400&fit=crop&dpr=1 600w, https://images.theconversation.com/files/492457/original/file-20221031-26-n7ogim.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=600&h=400&fit=crop&dpr=2 1200w, https://images.theconversation.com/files/492457/original/file-20221031-26-n7ogim.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=600&h=400&fit=crop&dpr=3 1800w, https://images.theconversation.com/files/492457/original/file-20221031-26-n7ogim.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=754&h=503&fit=crop&dpr=1 754w, https://images.theconversation.com/files/492457/original/file-20221031-26-n7ogim.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=754&h=503&fit=crop&dpr=2 1508w, https://images.theconversation.com/files/492457/original/file-20221031-26-n7ogim.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=754&h=503&fit=crop&dpr=3 2262w" sizes="(min-width: 1466px) 754px, (max-width: 599px) 100vw, (min-width: 600px) 600px, 237px">
<figcaption>
<span class="caption">Police arrested environmental protesters earlier this month for blocking a Melbourne intersection.</span>
<span class="attribution"><span class="source">Diego Fedele/AAP</span></span>
</figcaption>
</figure>
<h2>Is ‘direct action’ dying?</h2>
<p>Demonstrations and other public forms of protest are a type of civil disobedience known as “direct action”.</p>
<p>As part of a current research project, we interviewed Direct Action Everywhere (DxE) activists, and representatives from Vegan Rising and Animal Liberation. The interviews reveal that some activists are abandoning direct action in light of the new anti-protest laws.</p>
<p>For example, <a href="https://www.al.org.au/">Animal Liberation</a> has shifted to lobbying and education to enact change. As one person from the organisation told us: </p>
<blockquote>
<p>In the past, when the laws were very different, (we) would do more direct action, such as sit-ins. But now we’ve moved away from that, because it’s illegal. As an organisation, it wouldn’t help to have us shut down because of an illegal action like that.</p>
</blockquote>
<p>Likewise, Sea Shepherd founder Paul Watson recently left the organisation following its decision to <a href="https://freedomnews.org.uk/2022/09/29/standing-up-for-direct-action-paul-watson-v-sea-shepherds/">abandon direct action</a> as a protest strategy.</p>
<p>But the tougher laws have not deterred other protesters. Animal activist <a href="https://www.perthnow.com.au/news/wa/controversial-wa-vegan-activist-tash-peterson-charged-after-disruptive-protest-at-perth-royal-show-c-8362894">Tash Peterson</a> told us:</p>
<blockquote>
<p>Disruptive activism and civil disobedience are essential to create social change and bring to light the atrocities animals are subjected to […] Until recently, I was rarely charged for my protesting, but now things are changing and I am getting arrested for disorderly conduct and trespass.</p>
</blockquote>
<p>Former Greens leader Bob Brown played a key role in the 1982 Franklin campaign. More recently, he says <a href="https://bobbrown.org.au/bbf-to-continue-defending-tasmanias-forests-and-wildlife/">his organisation</a>, the Bob Brown Foundation, will continue to “peacefully defend” Tasmania’s native forests, waterways and wildlife, adding:</p>
<blockquote>
<p>The real villains here are those who want to jail fellow citizens for defending public forests and wildlife.</p>
</blockquote>
<hr>
<p>
<em>
<strong>
Read more:
<a href="https://theconversation.com/friday-essay-how-archaeology-helped-save-the-franklin-river-92510">Friday essay: how archaeology helped save the Franklin River</a>
</strong>
</em>
</p>
<hr>
<figure class="align-center ">
<img alt="two men with a bulldozer and sign reading 'Protect swift parrot habitat under threat'" src="https://images.theconversation.com/files/492461/original/file-20221031-12-uy87u8.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=754&fit=clip" srcset="https://images.theconversation.com/files/492461/original/file-20221031-12-uy87u8.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=600&h=400&fit=crop&dpr=1 600w, https://images.theconversation.com/files/492461/original/file-20221031-12-uy87u8.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=600&h=400&fit=crop&dpr=2 1200w, https://images.theconversation.com/files/492461/original/file-20221031-12-uy87u8.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=600&h=400&fit=crop&dpr=3 1800w, https://images.theconversation.com/files/492461/original/file-20221031-12-uy87u8.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=754&h=503&fit=crop&dpr=1 754w, https://images.theconversation.com/files/492461/original/file-20221031-12-uy87u8.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=754&h=503&fit=crop&dpr=2 1508w, https://images.theconversation.com/files/492461/original/file-20221031-12-uy87u8.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=754&h=503&fit=crop&dpr=3 2262w" sizes="(min-width: 1466px) 754px, (max-width: 599px) 100vw, (min-width: 600px) 600px, 237px">
<figcaption>
<span class="caption">Bob Brown, left, says his foundation will continue to peacefully defend the environment.</span>
<span class="attribution"><span class="source">Bob Brown Foundation</span></span>
</figcaption>
</figure>
<h2>Peaceful protest is a basic right</h2>
<p>As the Franklin documentary shows, protesters were willing to spend a few days in prison as the price of their campaign’s success. But the price paid by protesters today is so much higher. </p>
<p>At a federal level, the new Labor government has an opportunity to shift the tone of the national conversation and support the right of citizens to engage in peaceful protest. </p>
<p>Such an approach is consistent with the party’s values. Ahead of the May election, Labor told Human Rights Watch that:</p>
<blockquote>
<p>Promoting universal human rights is an essential policy objective for Labor. [It is] vital to ensuring a peaceful world where all people have the right to live with dignity, freedom, safety, security and prosperity. </p>
</blockquote>
<p>Franklin celebrates the role of non-violent direct action as a tool for social change. It tells of a people exercising their rights and coming together to fight for environmental justice. Let’s hope those kinds of stories are not consigned to history. </p>
<hr>
<p><em>Human Rights Watch will hold a <a href="https://fan-force.com/screenings/franklin-palace-cinemas-como/">special screening</a> of Franklin in Melbourne on November 2.</em></p><img src="https://counter.theconversation.com/content/191579/count.gif" alt="The Conversation" width="1" height="1" />
<p class="fine-print"><em><span>Deborah Williams has previously researched Direct Action Everywhere (DxE), a direct action animal activist group, and attended a few of their protests. She is also a former member of the Animal Justice Party and Animals Australia. </span></em></p><p class="fine-print"><em><span>Piero Moraro does not work for, consult, own shares in or receive funding from any company or organisation that would benefit from this article, and has disclosed no relevant affiliations beyond their academic appointment.</span></em></p>The 1982 Franklin Dam protests were a defining moment in the history of Australia’s social movements. But such campaigns may well be impossible today.Piero Moraro, Lecturer in Criminology, Edith Cowan UniversityDeborah Williams, PhD Candidate, Murdoch UniversityLicensed as Creative Commons – attribution, no derivatives.tag:theconversation.com,2011:article/1855592022-06-27T12:29:27Z2022-06-27T12:29:27ZFive ways you can get involved in fighting for women’s reproductive rights<figure><img src="https://images.theconversation.com/files/470609/original/file-20220623-51718-p3n7uq.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=496&fit=clip" /><figcaption><span class="caption">Participants on a Women's March rally in front of San Francisco's City Hall in 2019.</span> <span class="attribution"><a class="source" href="https://www.shutterstock.com/image-photo/january-19-2019-san-francisco-ca-1398376445">Sundry Photography | Shutterstock</a></span></figcaption></figure><p>Since 2021, hard-won <a href="https://theconversation.com/what-the-supreme-courts-ruling-on-abortion-means-for-womens-health-and-well-being-4-essential-reads-185543">women’s reproductive rights</a> and bodily autonomy have been rolled back in the US in an alarming fashion. With <a href="https://theconversation.com/state-courts-from-oregon-to-georgia-will-now-decide-who-if-anyone-can-get-an-abortion-under-50-different-state-constitutions-184298">state bans</a> on abortion past as little as six weeks – as <a href="https://www.npr.org/2021/09/01/1033171800/texas-abortion-ban-supreme-court-?t=1655983956723">was passed in Texas</a> on September 1, 2021 – and now the Supreme Court’s <a href="https://theconversation.com/us-supreme-court-overturns-roe-v-wade-but-for-abortion-opponents-this-is-just-the-beginning-185768">overturning of the 1973 Roe v Wade</a> ruling, it is easy to imagine that we have slipped and fallen into a Handmaid’s Tale-style dystopia. </p>
<p>As such misogynist ideology becomes entrenched, it is natural to feel hopeless. A recent surge in activist TikToks suggests, however, a way forward. People have been pairing a sample from the song Paris by US electro duo The Chainsmokers with the hashtag <a href="https://www.tiktok.com/@kris10isblue/video/7096542106386386222">#ifwegodownthenwegodowntogether</a>, messages of solidarity and crucial information. </p>
<p><a href="https://www.tandfonline.com/doi/full/10.1080/14742837.2018.1555457">My research shows</a> that people often think that activism requires a certain type of direct action. But such narrow definitions of activism prevent people from taking part. They also typically harm those who face the biggest structural disadvantages and related barriers to getting involved in direct action. </p>
<p>Instead, remembering that doing something is always better than doing nothing – and widening our definition of what activism can be – is helpful. Here is a non-exhaustive list of ideas of how we can support our sisters across the pond and further the global fight for women’s reproductive rights.</p>
<h2>Raise awareness</h2>
<p>Research shows that the more people are informed about an issue, the more it is possible to <a href="https://journals.lwbooks.co.uk/newformations/vol-2015-issue-87/abstract-8670/">shift dominant perspectives</a>. The idea is to destigmatise talking about abortion, so that it becomes normalised as an issue relating to women’s health and reproductive rights. This reduces the stigma around abortion and keeps the issue in the public sphere, demonstrating how “the personal is political”. </p>
<p>Social media has <a href="https://www.mic.com/articles/80229/23-inspiring-feminist-digital-campaigns-that-changed-the-world">repeatedly</a> been shown to be a good way of sharing information, whether that is via memes that distil key philosophical arguments for abortion into bite-size graphics and words or through linking to news articles, petitions, feminist charities and campaigns. </p>
<p>Having conversations with friends and family can be just as instrumental. Raising awareness and destigmatising abortion enables us to better fight for women’s reproductive rights so that they are not hidden out of sight and easier to attack. </p>
<h2>Join a local pro-choice group or set up your own</h2>
<p>I was part of a pro-choice group in Nottingham, UK, which counters anti-abortion activism outside of hospitals and clinics. We positioned our bodies to block out the anti-abortion messages and provided a friendly face and chaperone for any woman seeking an abortion. We also provided leaflets, directing women to neutral pregnancy and abortion advice services such as the <a href="https://www.bpas.org/">British Pregnancy Advisory Service</a>. </p>
<p>Social media can be a good place to look for such local groups but if you don’t find one, team up with some friends and start it yourself. That’s how the Nottingham group began ten years ago and it is still going strong with nearly 1,000 local members. <a href="https://rosauk.org/voices-from-the-frontline/grassroots-campaigning/">Grassroots campaigning</a> – from social housing activist group <a href="https://focuse15.org/">Focus E15 Mothers</a> to the <a href="https://www.hackneycitizen.co.uk/2020/07/02/new-era-redevelopment-moves-ahead-with-residents-pleased-and-happy/">New Era Tenants Association</a>, which fought to keep tenants’ homes – has <a href="https://www.jstor.org/stable/j.ctt183pdzs">a direct impact</a> on individuals and can mobilise the wider public, having a <a href="https://commonslibrary.org/grassroots-led-campaigns-report/">significant impact</a> on society and politics. </p>
<h2>Lobby your MP and respond to government consultations</h2>
<p>Anyone can sign <a href="https://bpas-campaigns.org/campaigns/roe-v-wade/#take-action-now">parliamentary petitions</a> or write to their local MP to ask that they support women’s reproductive rights (<a href="https://members.parliament.uk/FindYourMP">find your MP here</a>). There is an all-party parliamentary group on sexual and reproductive health in the UK, comprising MPs and peers who raise awareness in parliament of these issues: you can <a href="https://www.fsrh.org/policy-and-media/all-party-parliamentary-group-on-sexual-and-reproductive-health/">sign up for news and events here</a>. If you’re unsure of how to formulate such a letter, charities often provide <a href="https://abortionrights.org.uk/model-letter-on-defending-and-advancing-the-law-to-mp-who-defended-the-time-limit/">template letters</a> for <a href="https://england.shelter.org.uk/support_us/campaigns/writing_to_your_mp">contacting MPs</a>. </p>
<p>You can also sign up to mailing lists of feminist charities and organisations, such as <a href="https://www.filia.org.uk/about-filia">Filia</a>, to be notified of any relevant government consultations. Research shows that citizen involvement in the <a href="https://eprints.whiterose.ac.uk/145393/3/Role_Parliamentary_Petitions_Systems_CLB_COMBINED_VERSION_FINAL.pdf">parliamentary process</a> can <a href="https://www.tandfonline.com/doi/full/10.1080/13572334.2012.706057?casa_token=HRd2UXAGziYAAAAA%3AA0Xrl5bElnQuIzI6SFrsKEdMP-Fmbu-rX_w6Tze2ZZ5CAuE-kHpLPZ8rOO73OHsDQzSsd5O3dbj0">affect policy</a>. </p>
<p>During lockdown, a temporary measure was put in place by the UK government, allowing the provision of at-home medical abortion pills. Feminist campaigning saw this crucial service extended: on March 30 2022, the <a href="https://news.sky.com/story/mps-vote-to-continue-at-home-abortion-care-introduced-in-lockdown-12578383">UK parliament voted</a> in favour of amending the Health and Care bill, making telemedicine for early medical abortions permanent in England and Wales. </p>
<h2>Provide financial support</h2>
<p>Grassroots organisations and campaigns often depend entirely on volunteers and private donations for their existence. Fundraising enables campaigns such as <a href="https://abortionrights.org.uk/">Abortion Rights</a>, the UK’s only national grassroots pro-choice campaign, to organise protests, maintain pressure on the government to support women’s reproductive rights. </p>
<p>Abortion funds provide practical financial support to help women access abortion. You can donate to the <a href="https://donate.abortionfunds.org/give/323375/#!/donation/checkout">National Network of Abortion Funds</a> to support those in the US and to <a href="https://abortion.eu/#support">Abortion Without Borders</a> to support women in Europe.</p>
<h2>Take it to the streets</h2>
<p>Protest marches have long been a way of expressing dissent – on everything from <a href="https://theconversation.com/the-first-earth-day-was-a-shot-heard-around-the-world-136210">pollution</a> and <a href="https://www.sciencedirect.com/science/article/abs/pii/0962629893900105">political oppression</a> to <a href="https://www.research.manchester.ac.uk/portal/en/publications/reporting-dissent-in-wartime-british-press-the-antiwar-movement-and-the-2003-iraq-war(b8aa145a-e8ae-443d-9d38-a282060ab64c)/export.html">war</a> and <a href="https://www.nytimes.com/interactive/2020/07/03/us/george-floyd-protests-crowd-size.html">racism</a>. They have also consistently been a means of showing solidarity for women, from the <a href="https://theconversation.com/friday-essay-sex-power-and-anger-a-history-of-feminist-protests-in-australia-157402">suffragist marches</a> of the early 20th century to the 2017 <a href="https://theconversation.com/what-the-womens-march-on-washington-can-learn-from-black-lives-matter-71849">Women’s March on Washington</a>. </p>
<figure class="align-center ">
<img alt="A crowd with colourful banners fill a wide route." src="https://images.theconversation.com/files/470606/original/file-20220623-55883-rkjh6f.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=754&fit=clip" srcset="https://images.theconversation.com/files/470606/original/file-20220623-55883-rkjh6f.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=600&h=429&fit=crop&dpr=1 600w, https://images.theconversation.com/files/470606/original/file-20220623-55883-rkjh6f.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=600&h=429&fit=crop&dpr=2 1200w, https://images.theconversation.com/files/470606/original/file-20220623-55883-rkjh6f.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=600&h=429&fit=crop&dpr=3 1800w, https://images.theconversation.com/files/470606/original/file-20220623-55883-rkjh6f.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=754&h=539&fit=crop&dpr=1 754w, https://images.theconversation.com/files/470606/original/file-20220623-55883-rkjh6f.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=754&h=539&fit=crop&dpr=2 1508w, https://images.theconversation.com/files/470606/original/file-20220623-55883-rkjh6f.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=754&h=539&fit=crop&dpr=3 2262w" sizes="(min-width: 1466px) 754px, (max-width: 599px) 100vw, (min-width: 600px) 600px, 237px">
<figcaption>
<span class="caption">The Women’s March on Washington, January 2017.</span>
<span class="attribution"><a class="source" href="https://www.shutterstock.com/image-photo/washington-dc-usa-jan-21-2017-1271994529">Johnny Silvercloud | Shutterstock</a></span>
</figcaption>
</figure>
<p>Four years prior to Roe v Wade, in 1969, radical feminist group Redstockings held what they called an <a href="https://www.thoughtco.com/abortion-speak-out-3528238">“abortion speakout”</a> in New York City, which saw women come forward to talk about their experiences of illegal abortion. These speakout events spread across the US in response to government hearings where most of the politicians speaking about abortion – at the time – <a href="https://www.nytimes.com/2019/03/23/opinion/sunday/abortion-speakout-anniversary.html">were</a> male. American political scientist Erica Chenoweth <a href="https://www.ericachenoweth.com/research/civil-resistance-what-everyone-needs-to-know">highlights</a> how fruitful this kind of non-violent civil resistance can be. </p>
<p>It is vital to continue to speak out and show solidarity to our sisters in the US. We must also continue to fight to <a href="https://www.bustle.com/life/what-is-the-uk-anti-protest-bill-how-will-it-work">protect our right to protest</a> and to prevent the encroachment of similarly regressive laws in the UK.</p><img src="https://counter.theconversation.com/content/185559/count.gif" alt="The Conversation" width="1" height="1" />
<p class="fine-print"><em><span>Emma Craddock received funding from e Economic and Social Research Council for her PhD research. </span></em></p>From protest marches and fundraising to parliamentary petitions and talking with friends, there are many ways to make your voice heard.Emma Craddock, Senior Lecturer in Health Research, Birmingham City UniversityLicensed as Creative Commons – attribution, no derivatives.tag:theconversation.com,2011:article/1797512022-03-22T17:59:28Z2022-03-22T17:59:28ZThe parliament occupation is over – now New Zealand needs new laws to protect the ‘epicentre of its democracy’<figure><img src="https://images.theconversation.com/files/453469/original/file-20220322-21-s8is0y.jpg?ixlib=rb-1.1.0&rect=24%2C8%2C5359%2C3573&q=45&auto=format&w=496&fit=clip" /><figcaption><span class="caption">
</span> <span class="attribution"><span class="source">GettyImages</span></span></figcaption></figure><p>New Zealand is no stranger to protest, or protest violence. But what happened in the grounds of parliament over 23 days in February and March was unique – and, in the end, extreme.</p>
<p>A country that grinds its teeth at unruly <a href="https://www.legislation.govt.nz/act/public/2011/0061/latest/DLM3742849.html">freedom camping</a> by tourists ended up with an unapproved campsite in one of the least appropriate places imaginable. And it <a href="https://www.rnz.co.nz/news/national/462610/parliament-grounds-reclaimed-police-operation-ends-23-day-protest">ended violently</a>.</p>
<p>How the government and parliament responds to what happened is important for both the future of legitimate protests and for the security of parliament itself.</p>
<p>A review of security arrangements <a href="https://www.rnz.co.nz/news/covid-19/462630/overall-security-arrangements-for-parliament-to-be-reviewed-following-anti-mandate-protest-deputy-prime-minister-grant-robertson">for parliament</a> has already been signalled, but the nature and funding of the protest itself also demands scrutiny. Overall, it may be that a law change, specific to the parliamentary precinct, is needed.</p>
<p><div data-react-class="Tweet" data-react-props="{"tweetId":"1505780022828699656"}"></div></p>
<h2>Keeping the grounds open</h2>
<p>There is no specific legal right to protest. Rather, it is a manifestation of the wider rights to freedom of movement, <a href="https://legislation.govt.nz/act/public/1990/0109/latest/DLM225516.html">association</a> and <a href="https://legislation.govt.nz/act/public/1990/0109/latest/DLM225515.html">peaceful assembly</a>. Internationally, these are protected by the Universal Declaration of Human Rights and its related framework of human rights treaties, and domestically by the New Zealand Bill of Rights Act.</p>
<hr>
<p>
<em>
<strong>
Read more:
<a href="https://theconversation.com/from-pretty-communist-to-jabcinda-whats-behind-the-vitriol-directed-at-jacinda-ardern-179094">From ‘pretty communist’ to ‘Jabcinda’ – what’s behind the vitriol directed at Jacinda Ardern?</a>
</strong>
</em>
</p>
<hr>
<p>In practice, the right to protest is evident in the country’s history. Events that shaped generations and made New Zealand one of the freest and most liberal democracies occurred outside on the parliamentary grounds as much as within the legislative chamber.</p>
<p>From women’s rights and redress for injustices done to Māori, to workers’ rights and foreign policy reform, parliament grounds have been a forum for dissent. Indeed, if there was room for another sculpture in the grounds, it should be of ordinary people delivering a petition to lawmakers.</p>
<p>Keeping the grounds as open and unfenced as possible is therefore critical. A new, bespoke law for the parliamentary precinct – including clear pathways for lawful and orderly protest – should be created.</p>
<figure class="align-center ">
<img alt="" src="https://images.theconversation.com/files/453470/original/file-20220322-25-a2jxq7.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=754&fit=clip" srcset="https://images.theconversation.com/files/453470/original/file-20220322-25-a2jxq7.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=600&h=400&fit=crop&dpr=1 600w, https://images.theconversation.com/files/453470/original/file-20220322-25-a2jxq7.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=600&h=400&fit=crop&dpr=2 1200w, https://images.theconversation.com/files/453470/original/file-20220322-25-a2jxq7.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=600&h=400&fit=crop&dpr=3 1800w, https://images.theconversation.com/files/453470/original/file-20220322-25-a2jxq7.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=754&h=503&fit=crop&dpr=1 754w, https://images.theconversation.com/files/453470/original/file-20220322-25-a2jxq7.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=754&h=503&fit=crop&dpr=2 1508w, https://images.theconversation.com/files/453470/original/file-20220322-25-a2jxq7.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=754&h=503&fit=crop&dpr=3 2262w" sizes="(min-width: 1466px) 754px, (max-width: 599px) 100vw, (min-width: 600px) 600px, 237px">
<figcaption>
<span class="caption">Parliament grounds are undergoing repairs after damage caused during the 23-day occupation by anti-government protesters.</span>
<span class="attribution"><span class="source">GettyImages</span></span>
</figcaption>
</figure>
<h2>Rules with consequences</h2>
<p>It’s important to remember that the right to protest is not absolute. There is no right to violent or unlawful protest. But while existing laws for prosecuting lawbreakers are adequate, there are clear gaps.</p>
<p>Firstly, New Zealand has more laws about <a href="https://www.legislation.govt.nz/act/public/1981/0047/latest/DLM52211.html">respecting the flag</a> than about protecting the epicentre of its democracy. Even at a symbolic level, this needs to change.</p>
<hr>
<p>
<em>
<strong>
Read more:
<a href="https://theconversation.com/the-extremism-visible-at-the-parliament-protest-has-been-growing-in-nz-for-years-is-enough-being-done-177831">The extremism visible at the parliament protest has been growing in NZ for years – is enough being done?</a>
</strong>
</em>
</p>
<hr>
<p>A starting point would be to place parliament alongside Te Pitowhenua, the Waitangi Treaty Grounds, as a <a href="https://www.heritage.org.nz/the-list/national-historic-landmarks">national historic landmark</a>. Citizens should be encouraged to look at the capital of the nation’s political and legal history with the same respect.</p>
<p>Currently, parliament grounds are <a href="https://www.legislation.govt.nz/act/public/2000/0017/latest/DLM56307.html">vested in the Queen</a> under the effective control of the <a href="https://www.legislation.govt.nz/act/public/2000/0017/latest/DLM56310.html">Speaker of the House</a>, whose job it is to allow and moderate protests. The rules prohibit a variety of actions, including:</p>
<ul>
<li><p>damaging lawns and flower beds</p></li>
<li><p>interfering with traffic flows and driving onto the grounds</p></li>
<li><p>mounting the main steps of parliament or interfering with the use of parliament buildings</p></li>
<li><p>excessive amplified sound and erecting structures such as tents</p></li>
<li><p>general breaches of the peace and protests lasting more than eight hours or into the night.</p></li>
</ul>
<p>To enforce the rules, the speaker can issue a notice under the <a href="https://www.legislation.govt.nz/act/public/1980/0065/latest/DLM36927.html">Trespass Act</a>. But the ineffectual nature of these powers was laid bare during the occupation, with protesters largely indifferent to the weak penalties.</p>
<p>Any new law specific to the parliamentary precinct should uphold the existing right and ability to lawfully and peacefully protest, but increase the penalties for non-compliance.</p>
<figure class="align-center ">
<img alt="" src="https://images.theconversation.com/files/453471/original/file-20220322-19-gcladc.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=754&fit=clip" srcset="https://images.theconversation.com/files/453471/original/file-20220322-19-gcladc.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=600&h=400&fit=crop&dpr=1 600w, https://images.theconversation.com/files/453471/original/file-20220322-19-gcladc.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=600&h=400&fit=crop&dpr=2 1200w, https://images.theconversation.com/files/453471/original/file-20220322-19-gcladc.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=600&h=400&fit=crop&dpr=3 1800w, https://images.theconversation.com/files/453471/original/file-20220322-19-gcladc.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=754&h=503&fit=crop&dpr=1 754w, https://images.theconversation.com/files/453471/original/file-20220322-19-gcladc.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=754&h=503&fit=crop&dpr=2 1508w, https://images.theconversation.com/files/453471/original/file-20220322-19-gcladc.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=754&h=503&fit=crop&dpr=3 2262w" sizes="(min-width: 1466px) 754px, (max-width: 599px) 100vw, (min-width: 600px) 600px, 237px">
<figcaption>
<span class="caption">Riot police move in to end the occupation of parliament’s grounds and surrounding streets.</span>
<span class="attribution"><span class="source">GettyImages</span></span>
</figcaption>
</figure>
<h2>Funding and foreign interference</h2>
<p>Beyond the behaviour of protesters, their ideological origins and funding need to be better understood. Similar “anti-mandate” protests elsewhere are suspected of having received <a href="https://www.theguardian.com/world/2022/feb/14/foreign-money-funding-extremism-in-canada-says-hacker">foreign funding</a>. Did this happen in New Zealand?</p>
<p>It’s an important and difficult question. The flow of charitable support across borders for lawful purposes is a good thing. But charitable or other financial support may not always be benign.</p>
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<p>
<em>
<strong>
Read more:
<a href="https://theconversation.com/how-protesters-demanding-freedom-from-covid-restrictions-ignore-the-way-liberty-really-works-178287">How protesters demanding ‘freedom’ from COVID restrictions ignore the way liberty really works</a>
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<p>There are already <a href="https://www.beehive.govt.nz/release/government-ban-foreign-donations">laws</a> to protect New Zealand elections from foreign interference by banning foreign donations to political parties and candidates. That concern needs to extend to foreign interests trying to foster lawless or extremist behaviour within New Zealand protest movements.</p>
<p>Such transparency will necessarily involve examining the events at Parliament (and other protest locations) as a starting point, to see whether groups and individuals, either here and/or overseas, attempted to “<a href="https://www.legislation.govt.nz/act/public/1961/0043/1.0/DLM328549.html">incite, procure, or encourage violence, lawlessness, or disorder</a>” under the Crimes Act, or breached <a href="https://www.bsa.govt.nz/">broadcasting</a> standards and <a href="https://www.asa.co.nz/">advertising</a> codes. There are also civil law questions, such as whether there was any <a href="https://www.legislation.govt.nz/act/public/2005/0039/latest/DLM345050.html">wrongdoing by registered charities</a>.</p>
<p>And beyond the legal considerations, there is the vexed question of how <a href="https://www.1news.co.nz/2022/02/27/experts-want-more-digital-regulation-as-misinformation-grows/">misinformation has spread</a> as fast as the COVID virus itself.</p>
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<p>
<em>
<strong>
Read more:
<a href="https://theconversation.com/protesting-during-a-pandemic-new-zealands-balancing-act-between-a-long-tradition-of-protests-and-covid-rules-171104">Protesting during a pandemic: New Zealand's balancing act between a long tradition of protests and COVID rules</a>
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<h2>Defending dissent</h2>
<p>None of this is simple. And in the past, New Zealand has sometimes responded to protest or dissent heavy-handedly – for example after the <a href="http://www.nzlii.org/nz/legis/hist_act/psca193222gv1932n3363/">hunger marches in 1932</a> and the <a href="http://www.nzlii.org/nz/legis/num_reg/wser1951422/">waterfront lockout</a> of 1951.</p>
<p>At other times, wiser counsel prevailed when it came to mending the fabric of society. An example of this was the creation of <a href="https://www.ipca.govt.nz/">Independent Police Conduct Authority</a> in the decade after the 1981 Springbok tour protests.</p>
<p>The challenge for lawmakers this time is to reach for deeper solutions that address the importance of protest, but also the problem of how poorly the epicentre of our democracy was respected and defended. At the same time, understanding how this protest was different will be important.</p>
<p>Clamping down on future protests is not the answer. Equally, preventing another episode such as the country has just witnessed is urgent.</p><img src="https://counter.theconversation.com/content/179751/count.gif" alt="The Conversation" width="1" height="1" />
<p class="fine-print"><em><span>The authors do not work for, consult, own shares in or receive funding from any company or organisation that would benefit from this article, and have disclosed no relevant affiliations beyond their academic appointment.</span></em></p>New Zealand has more laws about respecting the flag than about protecting parliament and its grounds. The 23-day occupation in Wellington showed how much needs to change.Alexander Gillespie, Professor of Law, University of WaikatoClaire Breen, Professor of Law, University of WaikatoLicensed as Creative Commons – attribution, no derivatives.tag:theconversation.com,2011:article/1773562022-02-28T02:58:15Z2022-02-28T02:58:15ZWhat are the rights of children at the parliament protest – and who protects them?<figure><img src="https://images.theconversation.com/files/448471/original/file-20220225-3647-1yp2eno.jpg?ixlib=rb-1.1.0&rect=18%2C0%2C6211%2C4147&q=45&auto=format&w=496&fit=clip" /><figcaption><span class="caption">
</span> <span class="attribution"><span class="source">GettyImages</span></span></figcaption></figure><p>Children have participated in protests against nuclear weapons, wars, the loss of Māori land and customary rights, racism and child poverty. Young people themselves led the <a href="https://www.rnz.co.nz/news/national/440122/students-take-to-streets-for-school-strike-4-climate-protest">School Strike 4 Climate</a> marches. </p>
<p>But the continuing presence of children at the sometimes violent occupation of parliament grounds has concerned many, from <a href="https://www.nzherald.co.nz/nz/politics/covid-19-omicron-parliament-protest-police-seriously-concerned-for-children/VB2ASZDGZ4WSGSS7ZGDN57F2EE/">police</a> to the <a href="https://www.stuff.co.nz/national/politics/127764002/protest-at-parliament-looks-imported-jacinda-ardern-says-questions-the-motivations-of-those-involved">prime minister</a> and <a href="https://www.nzherald.co.nz/nz/childrens-commissioner-says-occupation-bound-to-have-impact-on-kids/PCB2LZNM6I5ZS3MCUGN6P4HJWA/">children’s commissioner</a>.</p>
<p>So the question now becomes, should children even be allowed to participate in such events? Those who answer “no” may argue children (especially younger ones) cannot understand the nature of the debate, are being manipulated by adults, and are physically and emotionally vulnerable.</p>
<p>Others might argue young people’s voices should be heard, and that children are capable of grasping the meaning of protest action. And even if young people don’t understand an issue, it could be argued some adults should be prevented from protesting on the same basis.</p>
<p>An alternative view is that children have been, and will continue to be, <a href="https://www.bbc.com/news/health-55863841">heavily affected</a> by pandemic restrictions and lockdowns. For that reason, they have a vested interest in being able to exercise their rights to gather and protest peacefully.</p>
<p>But with children potentially caught up in the less peaceful side of the parliament protest, it’s imperative they and their rights are understood and protected.</p>
<p><div data-react-class="Tweet" data-react-props="{"tweetId":"1497077271995162628"}"></div></p>
<h2>What does the law say?</h2>
<p>Children, like adults, have the rights to freedom of movement, association and peaceful assembly – rights that underpin the right to (peaceful) protest. These rights are protected by the Universal Declaration of Human Rights and the ensuing framework of human rights treaties, including the <a href="https://www.ohchr.org/en/professionalinterest/pages/crc.aspx">UN Convention on the Rights of the Child</a>. </p>
<p>Whether they are exercised by adults or children, these rights aren’t absolute and can be limited. According to the international legal framework of human rights, however, such limitations must be based in law and in the interests of a democratic society. Restrictions can be imposed for reasons such as public safety, public order, or the protection of public health. </p>
<hr>
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<em>
<strong>
Read more:
<a href="https://theconversation.com/the-wellington-protest-is-testing-police-independence-and-public-tolerance-are-there-lessons-from-canadas-crackdown-177523">The Wellington protest is testing police independence and public tolerance – are there lessons from Canada’s crackdown?</a>
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<p>But there are other balancing acts when it comes to children’s rights, including their right to protest. The Convention on the Rights of the Child says the best interests of the child, and their right to have their opinions heard, should guide decision-making where children are involved.</p>
<p>In Aotearoa New Zealand, the <a href="https://www.legislation.govt.nz/act/public/1990/0109/latest/DLM224792.html">New Zealand Bill of Rights Act 1990</a> guarantees the rights to freedom of expression, association and peaceful assembly, subject to the same <a href="https://www.legislation.govt.nz/act/public/1981/0113/latest/whole.html#DLM53507">reasonable</a> limits that exist in international law. </p>
<p><div data-react-class="Tweet" data-react-props="{"tweetId":"1495918288177889280"}"></div></p>
<h2>Who is responsible for child protesters?</h2>
<p>Young protesters are at greater risk from harm than adults because they are physically smaller and therefore generally more vulnerable.</p>
<p>So the issue of who is responsible for the safety of children within the protest at parliament raises a number of <a href="https://www.stuff.co.nz/dominion-post/wellington-top-stories/127834550/how-the-presence-of-children-at-the-parliament-occupation-complicates-everything">complicated questions</a> for the government, police, parents – and, of course, the young people themselves. </p>
<p>There are no clear answers in this type of situation. </p>
<p>The Convention on the Rights of the Child recognises, among other things, that parents have the primary responsibility for the upbringing and development of their children, and that children must be protected from violence. </p>
<hr>
<p>
<em>
<strong>
Read more:
<a href="https://theconversation.com/to-protect-children-during-aotearoas-omicron-outbreak-we-need-to-consider-their-families-not-just-schools-176458">To protect children during Aotearoa's Omicron outbreak, we need to consider their families, not just schools</a>
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<p>New Zealand’s <a href="https://www.legislation.govt.nz/act/public/2004/0090/latest/DLM317233.html">Care of Children Act 2004</a> states that the welfare and best interests of a child must be the first and paramount consideration. Children must be protected from all forms of violence, and the primary responsibility for their care lies with their parents.</p>
<p>The <a href="https://www.legislation.govt.nz/act/public/1989/0024/latest/DLM147088.html">Oranga Tamariki Act 1989</a> promotes the well-being and protection from harm of children and young people, and Oranga Tamariki itself has said it was <a href="https://www.stuff.co.nz/national/politics/127766970/covid19-parents-explain-why-theyve-brought-children-to-antimandate-protest-in-wellington">working with police and other partners</a> to address any child protection concerns at the Wellington protest.</p>
<p><div data-react-class="Tweet" data-react-props="{"tweetId":"1496734699250724866"}"></div></p>
<h2>Challenges for police and the law</h2>
<p>Against this legal framework, the challenge (especially for the police) is how to manage a sometimes unruly crowd that contains significant numbers of children. </p>
<p>This has undoubtedly already influenced the police’s response, and the fate of the protest in general hinges to some extent on guarding the children’s best interests and well-being and ensuring they are protected from harm. </p>
<hr>
<p>
<em>
<strong>
Read more:
<a href="https://theconversation.com/the-occupation-of-nzs-parliament-grounds-is-a-tactical-challenge-for-police-but-mass-arrests-are-not-an-option-177054">The occupation of NZ’s parliament grounds is a tactical challenge for police, but mass arrests are not an option</a>
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<p>Failure to do this could mean the children at parliament grounds could be injured, and their rights to protest and to be protected from violence undermined. </p>
<p>Beyond these immediate concerns, though, the presence of children at parliament grounds should remind us again of the impact the pandemic in general has had on the <a href="https://ojs.victoria.ac.nz/pq/article/view/6557/5721">hopes and dreams</a> of young people.</p>
<p>These protests will eventually end, but ensuring the voices of children and young people are heard must be part of efforts to mitigate the consequences of the pandemic in the months and years to come.</p><img src="https://counter.theconversation.com/content/177356/count.gif" alt="The Conversation" width="1" height="1" />
<p class="fine-print"><em><span>Claire Breen does not work for, consult, own shares in or receive funding from any company or organisation that would benefit from this article, and has disclosed no relevant affiliations beyond their academic appointment.</span></em></p>The prime minister and police have asked that children be removed from the protest at parliament – but the situation is legally and logistically complex.Claire Breen, Professor of Law, University of WaikatoLicensed as Creative Commons – attribution, no derivatives.tag:theconversation.com,2011:article/1765242022-02-21T12:19:12Z2022-02-21T12:19:12ZAnti-vax protest or insurrection? Making sense of the ‘freedom convoy’ protest<figure><img src="https://images.theconversation.com/files/447452/original/file-20220221-26-16a62wq.JPG?ixlib=rb-1.1.0&rect=16%2C32%2C5341%2C3438&q=45&auto=format&w=496&fit=clip" /><figcaption><span class="caption">Debris lies on the ground in front of Parliament Hill’s gates after police took action to clear Ottawa streets of trucks and protesters opposed to vaccine mandates. </span> <span class="attribution"><span class="source">THE CANADIAN PRESS/Justin Tang</span></span></figcaption></figure><iframe style="width: 100%; height: 175px; border: none; position: relative; z-index: 1;" allowtransparency="" src="https://narrations.ad-auris.com/widget/the-conversation-canada/anti-vax-protest-or-insurrection-making-sense-of-the--freedom-convoy--protest" width="100%" height="400"></iframe>
<p>The so-called “freedom convoy” protests over the last month saw an unprecedented reaction by all levels of government and ultimately led to <a href="https://www.cbc.ca/news/politics/trudeau-premiers-cabinet-1.6350734">Prime Minister Justin Trudeau</a> invoking the <a href="https://laws-lois.justice.gc.ca/eng/acts/e-4.5/page-1.html">Emergencies Act</a>. The act shut off funding to protesters, conscripted private tow trucks to haul away rigs (<a href="https://www.jstor.org/stable/pdf/2777934.pdf?casa_token=oq_zkh2rOygAAAAA:9Wj3gMHmRFzofkfUBa2XucyM_yEIAGpncqW31cHc5xMYdlQ3eivC-foXvN0HOEBjm8uhrrExAXkbx4o2jvFPCo0bUjidlVpfpkmUvda0jAMcZZfhgu57Ww">tilting the balance of resources</a>) and provided additional policing resources.</p>
<p>While many see what happened in Ottawa as unique, it’s also similar in some ways to what’s occurred in the past. The convoy might be considered a social movement protest or a form of “<a href="https://www.oxfordhandbooks.com/view/10.1093/oxfordhb/9780199678402.001.0001/oxfordhb-9780199678402-e-8">contentious politics,</a>” which covers protest and related phenomena, including insurrections. </p>
<p>Contentious politics seems a particularly apt description because the “freedom” protest has as much to do with opposing Trudeau’s Liberal government as it does with opposing vaccine mandates — which provided a “<a href="https://www.jstor.org/stable/pdf/3598442.pdf?casa_token=Lc8geRdAwvkAAAAA:3NW5pk2J5HbjkELRfjcXSx4I_NLP76OkhQoWBEULiRgvd2cbXuj_gcEDx457xED4ALpQpNTPH0rCeCmIg4eGvupOcqSxdsGdfbq7-v-pnA1DeJzg1FrjjQ">political opportunity</a>” for the protest.</p>
<h2>Messaging vs. disruption</h2>
<p>One motivation for protests is to <a href="https://www.tandfonline.com/doi/pdf/10.1080/00380237.2005.10571254?casa_token=v05amAX-Y94AAAAA:mhlHuO10_eaRd4T34JRiXLEgCn8p6wWdSN3CDNwCIq8mQblVFvrd-JzLL1TgQNh8xyItQjOrgOo">capture the media’s attention</a> and communicate to the public. Other types of tactics, like blockades, are intended to cause disruption to put pressure on governments and other parties to act. <a href="https://www.nytimes.com/2022/02/10/opinion/ottawa-trucker-protests.html">In Canada, protesting to get a message across is a democratic right</a>. </p>
<p>Views about the legitimacy of disruption are mixed. Over the last few years, Vancouver protesters opposed to the <a href="https://theconversation.com/lessons-from-clayoquot-sound-for-the-trans-mountain-pipeline-protests-99993">TransMountain Pipeline</a> and those against logging in <a href="https://thenarwhal.ca/fairy-creek-blockades-august-arrests/">Fairy Creek</a> on Vancouver Island engaged in both types of tactics. But those disruptive tactics were mostly narrowly targeted against the companies involved in building the pipeline and on the site of the logging operations.</p>
<p>By contrast, the truckers’ protest cast a much wider net — it <a href="https://ottawa.ctvnews.ca/majority-of-ottawa-residents-oppose-freedom-convoy-protest-poll-finds-1.5771778">disrupted the entire city of Ottawa</a>. Public opinion on these various <a href="https://www.cbc.ca/news/canada/british-columbia/poll-finds-majority-bc-concerned-about-logging-1.6053575">issues and disruptions consequently vary</a>. </p>
<h2>Not the first city shutdown</h2>
<p>As York University sociologist <a href="https://lesleybikes.wordpress.com/">Lesley Wood has pointed out</a>, trucker border blockades have occurred before. It’s also not the first time a city has been shut down due to mass protest — this occurred during <a href="https://www.google.ca/books/edition/Direct_Action_Deliberation_and_Diffusion/k_wJ0IK8cToC?hl=en&gbpv=1&dq=Lesley+Wood&printsec=frontcover">anti-globalization protests</a>, including in Seattle in 1999 and Toronto in 2010. Nevertheless, the use of big trucks to disrupt normal city life is new, and constitutes what academics call a “<a href="https://journals.sagepub.com/doi/pdf/10.1177/0003122416644414?casa_token=eQWu1HcHvwAAAAAA:wHsK2IfFWIKgV8y0XFvniNL-3RDHDHIYEcpDoYDS8yLM3dzMZ3GiDdqKxHviLlhCQrYxUYkxOjIuOuw">tactical innovation.</a>”</p>
<p><a href="https://journals.sagepub.com/doi/pdf/10.1177/0049124116629166?casa_token=yETD48Nf1cAAAAAA:-THXCy3LqHLe5OAevbZhJIvvYlAeVcE2PZeJFpimBaFRbYQj1YCiB4DstS_4audTUGvTHr9taU2_fyw">Protest size</a> is often seen as an indicator of its legitimacy and potential to influence outcomes. Observers have been impressed with the size of the truckers’ protest. This was shaped by the length of the convoy of trucks, which does not necessarily translate into large crowds of individuals. </p>
<p>The protest was actually not nearly as large as some other events in Canada. <a href="https://ottawa.ctvnews.ca/majority-of-ottawa-residents-oppose-freedom-convoy-protest-poll-finds-1.5771778">Police estimated that protest crowds in Ottawa were between 5,000 and 18,000.</a> This crowd was dwarfed by climate marches in <a href="https://www.cbc.ca/news/canada/montreal/montreal-climate-march-greta-thunberg-1.5298549">Montréal (approximately 500,000</a>) and <a href="https://vancouversun.com/news/local-news/live-vancouver-demonstrators-join-millions-around-the-world-to-demand-climate-action">Vancouver (estimated at 120,000)</a> in September 2019.</p>
<h2>Different treatment for other protesters</h2>
<p>Some wonder why police in Ottawa <a href="https://ottawa.ctvnews.ca/majority-of-ottawa-residents-oppose-freedom-convoy-protest-poll-finds-1.5771778">took so long to take action against the protesters</a> and asked why other protests and groups seem to get <a href="https://www.nytimes.com/2022/02/17/world/canada/police-enforcement-truckers-indigenous.html">treated differently by police</a>. </p>
<hr>
<p>
<em>
<strong>
Read more:
<a href="https://theconversation.com/black-and-indigenous-protesters-are-treated-differently-than-the-convoy-because-of-canadas-ongoing-racism-176653">Black and Indigenous protesters are treated differently than the 'convoy’ because of Canada's ongoing racism</a>
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<hr>
<p>Indigenous groups are often subject to more <a href="https://www.theguardian.com/world/2019/dec/20/canada-indigenous-land-defenders-police-documents">more military-style policing than other protesters</a>, and it should be noted one of the only few times in the past 100 years that the military has been used to suppress a protest was against the Mohawks during the <a href="https://www.cbc.ca/archives/topic/the-oka-crisis">Oka crisis</a> in 1990. By contrast, videos circulated in the media showed <a href="https://nationalpost.com/news/canada/police-hug-protesters-as-they-roll-out-from-coutts-alberta-border-crossing">RCMP officers hugging and shaking hands with protesters at the border in Alberta</a>.</p>
<figure class="align-center ">
<img alt="Several trucks are seen on a highway, with the first in line adorned with signs that say END ALL MANDATES and FREEDOM CONVOY" src="https://images.theconversation.com/files/447475/original/file-20220221-17-1ma5lmb.JPG?ixlib=rb-1.1.0&q=45&auto=format&w=754&fit=clip" srcset="https://images.theconversation.com/files/447475/original/file-20220221-17-1ma5lmb.JPG?ixlib=rb-1.1.0&q=45&auto=format&w=600&h=388&fit=crop&dpr=1 600w, https://images.theconversation.com/files/447475/original/file-20220221-17-1ma5lmb.JPG?ixlib=rb-1.1.0&q=30&auto=format&w=600&h=388&fit=crop&dpr=2 1200w, https://images.theconversation.com/files/447475/original/file-20220221-17-1ma5lmb.JPG?ixlib=rb-1.1.0&q=15&auto=format&w=600&h=388&fit=crop&dpr=3 1800w, https://images.theconversation.com/files/447475/original/file-20220221-17-1ma5lmb.JPG?ixlib=rb-1.1.0&q=45&auto=format&w=754&h=487&fit=crop&dpr=1 754w, https://images.theconversation.com/files/447475/original/file-20220221-17-1ma5lmb.JPG?ixlib=rb-1.1.0&q=30&auto=format&w=754&h=487&fit=crop&dpr=2 1508w, https://images.theconversation.com/files/447475/original/file-20220221-17-1ma5lmb.JPG?ixlib=rb-1.1.0&q=15&auto=format&w=754&h=487&fit=crop&dpr=3 2262w" sizes="(min-width: 1466px) 754px, (max-width: 599px) 100vw, (min-width: 600px) 600px, 237px">
<figcaption>
<span class="caption">Anti-COVID-19 vaccine mandate demonstrators leave in a truck convoy after blocking the highway at the busy U.S. border crossing in Coutts, Alta.</span>
<span class="attribution"><span class="source">THE CANADIAN PRESS/Jeff McIntosh</span></span>
</figcaption>
</figure>
<p><a href="https://onlinelibrary.wiley.com/doi/10.1002/9780470999103.ch10">Researchers have found that police use discretion</a> in how they repress protesters. In Canada, it’s customary to give protesters <a href="https://www.nytimes.com/2022/02/10/opinion/ottawa-trucker-protests.html">time and space initially to fulfil their right to protest and deliver a message</a>. Police are more likely to take action <a href="https://theconversation.com/could-ottawa-police-be-sued-for-failing-to-arrest-freedom-convoy-protesters-176430">after court injunctions</a> are issued and if there are threats of violence or property damage (as witnessed at the border protest at <a href="https://nationalpost.com/news/canada/police-hug-protesters-as-they-roll-out-from-coutts-alberta-border-crossing">Coutts, Alta</a>).</p>
<p>In Ottawa, most of the protest leaders were arrested, <a href="https://www.cbc.ca/news/canada/ottawa/police-action-convoy-protest-1.6356444">as were about 170 of their followers</a>. Within two days of enhanced police action, the protesters dispersed and dozens of their trucks were towed and impounded. </p>
<h2>What’s next for anti-vax protests?</h2>
<p>The “freedom convoy” in Ottawa may be over, but it is impossible to be certain about the future of anti-vaccine mandate movements. </p>
<p>According to polls and to patterns of vaccination across the country, <a href="https://www.cp24.com/news/almost-2-3rds-of-canadians-oppose-trucker-convoy-protest-poll-suggests-1.5772347">the vast majority of Canadians do not support the truckers’ protest or their positions</a>, and <a href="https://www.marugroup.net/public-opinion-polls/canada/emergencies-act">two-thirds of Canadian support the use of the Emergencies Act</a>.</p>
<p>This means the federal government has limited pressure on it to make concessions. It’s likely many COVID-19 measures will soon be reduced anyway in response to falling hospitalization rates — <a href="https://www.cbc.ca/news/canada/edmonton/covid-alta-edmonton-kenney-1.6343576">several provinces have already made such announcements</a>. It seems likely that the truckers will declare victory and claim the changes were made as a result of their protest. </p>
<p>The <a href="https://www.oxfordhandbooks.com/view/10.1093/oxfordhb/9780199678402.001.0001/oxfordhb-9780199678402-e-8">contentious politics</a> on display in the truckers’ protest are intertwined with <a href="https://www.theglobeandmail.com/opinion/article-how-did-conservatives-come-to-be-so-attracted-to-extremism/?utm_source=dlvr.it&utm_medium=twitter">a shift toward more extreme political views</a> among some segments of the population, <a href="https://theconversation.com/canadas-legal-disinformation-pandemic-is-exposed-by-the-freedom-convoy-176522">a trend</a> that’s spread from <a href="https://theconversation.com/a-twitter-investigation-reveals-what-the-freedom-convoy-islamophobes-incels-and-hindu-supremacists-have-in-common-177026">south of the border</a>. Because the size of this faction of extremists isn’t as large as in the U.S., the political dynamics in Canada are different. </p>
<figure class="align-center ">
<img alt="Police line up in front of Parliament Hill buildings." src="https://images.theconversation.com/files/447474/original/file-20220221-16-vmzuas.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=754&fit=clip" srcset="https://images.theconversation.com/files/447474/original/file-20220221-16-vmzuas.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=600&h=400&fit=crop&dpr=1 600w, https://images.theconversation.com/files/447474/original/file-20220221-16-vmzuas.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=600&h=400&fit=crop&dpr=2 1200w, https://images.theconversation.com/files/447474/original/file-20220221-16-vmzuas.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=600&h=400&fit=crop&dpr=3 1800w, https://images.theconversation.com/files/447474/original/file-20220221-16-vmzuas.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=754&h=503&fit=crop&dpr=1 754w, https://images.theconversation.com/files/447474/original/file-20220221-16-vmzuas.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=754&h=503&fit=crop&dpr=2 1508w, https://images.theconversation.com/files/447474/original/file-20220221-16-vmzuas.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=754&h=503&fit=crop&dpr=3 2262w" sizes="(min-width: 1466px) 754px, (max-width: 599px) 100vw, (min-width: 600px) 600px, 237px">
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<span class="caption">Now that the Liberal government has invoked the Emergencies Act to end the occupation of the area around Parliament Hill by anti-vax protesters, will future governments feel free to use the act’s powers to end other demonstrations?</span>
<span class="attribution"><span class="source">(AP Photo/Robert Bumsted)</span></span>
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<p>The protest has already played a role in <a href="https://www.cbc.ca/player/play/1999007299671">costing both the federal Opposition leader</a> and the <a href="https://www.cbc.ca/news/politics/sloly-ottawa-resigns-behaviour-leadership-1.6352295">Ottawa chief of police</a> their jobs, and there will likely be further political and social repercussions in the coming weeks and months. </p>
<p>One potential outcome — ironic, considering many on the left were critical of the government’s hesitancy to crack down on the truckers’ protest — is that future right-wing governments may be more likely to use the Emergencies Act to <a href="https://twitter.com/lesleybikes/status/1489991074546438146">crack down on progressive protesters</a> like those involved in climate and anti-colonialism protests.</p><img src="https://counter.theconversation.com/content/176524/count.gif" alt="The Conversation" width="1" height="1" />
<p class="fine-print"><em><span>David Tindall receives research funding from the Social Sciences and Humanities Research Council of Canada. This is an agency that provides funding for academic research. The funding is for research expenses, not the salary of the author.</span></em></p>There have been bigger protests in other Canadian cities, but the so-called freedom convoy against vaccine mandates could be a sign of a rise in right-wing and libertarian sentiments.David Tindall, Professor of Sociology, University of British ColumbiaLicensed as Creative Commons – attribution, no derivatives.tag:theconversation.com,2011:article/1770542022-02-14T04:09:51Z2022-02-14T04:09:51ZThe occupation of NZ’s parliament grounds is a tactical challenge for police, but mass arrests are not an option<p>The continued occupation of parliament’s grounds by anti-vaccine mandate protesters (and others) provides a unique problem for police: how to lawfully and legitimately remove the occupiers without making the situation worse.</p>
<p>The Speaker of Parliament has <a href="https://www.1news.co.nz/2022/02/10/unprecedented-for-nz-police-respond-to-parliament-protest/">authorised police</a> to clear the grounds, which grants the operation legitimacy. But tactically the options are not as clear-cut.</p>
<p>In the background is an ever-present policing conundrum: taking action in favour of one group within society risks alienating another. The longer police tolerate the occupiers’ right to protest, the more frustrated the affected homeowners, businesses and workers become.</p>
<p>Some commentators and critics (especially on social media) have been quick to criticise police command decisions and the seeming unwillingness to use more force. But weighing up the rights of competing groups is never simple.</p>
<p>Nor is undertaking an operation that risks injury to police personnel (and protesters), and where perceived excessive force can lead to subsequent legal action against individual officers.</p>
<h2>Logistical impossibilities</h2>
<p>Despite the standoff, however, police and parliamentary security have successfully prevented the breach of parliamentary buildings – something that would have been on the minds of security planners since the <a href="https://www.bbc.com/news/world-us-canada-56004916">storming of the US Capitol</a> in Washington DC a year ago.</p>
<p>But police also face the problem of the occupiers’ <a href="https://www.theguardian.com/world/2022/feb/09/lets-remember-why-we-are-here-new-zealand-anti-vax-protest-splinters-into-jibes-and-jabs">unclear objectives</a> and the apparent lack of leadership with whom to negotiate. The disparate motives of the various protest groups preclude the kind of rational negotiation that would normally be undertaken in a siege situation. </p>
<p>Widespread arrests might be lawful, but appear logistically impractical. The arrest, custody and charging process is resource-heavy (especially when those arrested <a href="https://www.nzherald.co.nz/nz/covid-19-convoy-parliament-protest-arrested-members-appear-in-court-refuse-to-wear-masks-show-vaccine-pass/QCIP5U4VYENVBCXFJ6R354HK5A/">refuse to comply</a> with vaccination or mask mandates). </p>
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Read more:
<a href="https://theconversation.com/protesting-during-a-pandemic-new-zealands-balancing-act-between-a-long-tradition-of-protests-and-covid-rules-171104">Protesting during a pandemic: New Zealand's balancing act between a long tradition of protests and COVID rules</a>
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<p>Even <a href="https://www.nzherald.co.nz/nz/covid-19-convoy-parliament-protest-police-urge-protesters-to-move-vehicles-residents-feeling-unsafe/EE5XLFOOCDKXX35QZWKEBUUHPM/">moving occupiers’ vehicles</a> has been a challenge beyond the capabilities of the Wellington Council and adding to police concerns.</p>
<p>Moreover, the <a href="https://www.rnz.co.nz/news/national/461259/parliament-protest-police-arrest-122-in-efforts-to-control-occupation">arrest of 122 people</a> last Thursday did not result in the remaining body of occupiers dispersing. There have been reports some of those arrested and bailed have <a href="https://www.newstalkzb.co.nz/news/national/covid-19-omicron-outbreak-police-carrying-batons-as-more-protesters-arrive-at-parliament/">returned to the site</a>, contrary to their bail conditions. </p>
<p>And the parliamentary speaker’s own tactics (<a href="https://www.stuff.co.nz/national/politics/127760434/parliament-protest-sprinklers-blasting-music-not-a-tactic-we-would-endorse-police-say">not endorsed</a> by police) of turning on the ground’s water sprinklers and playing supposedly annoying music over the PA system have not worked, either.</p>
<p>The arrests, charges, court appearances and even Barry Manilow have not acted as a sufficient deterrent, and have possibly even hardened protesters’ resolve. Clearing the occupation in a way that prevents protesters from returning to the site simply adds another layer of challenge.</p>
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<h2>Managing perceptions</h2>
<p>All <a href="https://www.police.govt.nz/about-us/publication/evaluation-use-force">force used by police</a> must be necessary, proportionate and reasonable in the circumstances. Police will be rightly cautious about this, given the presence of children and young people at the site. </p>
<p>Furthermore, the actions of the protesters sit within the definitions of passive resistance (refusing to comply with verbal directions to move) and active resistance (pulling or pushing away). Even in the face of someone resisting arrest, force by police must be proportionate to the resistance offered.</p>
<p>As such, police procedure limits officer responses. For officers to employ tactics involving the use of weapons – batons, sprays or tasers – they would need to be responding to more assaultive behaviours from individual protesters. </p>
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<strong>
Read more:
<a href="https://theconversation.com/canadas-trucker-protest-an-epic-security-failure-or-a-triumph-of-democratic-freedom-176146">Canada's trucker protest: An epic security failure or a triumph of democratic freedom?</a>
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<p>Force used to arrest those who have made death threats against MPs and media must also be made on the same basis of being proportionate and necessary. Police would need to weigh up the likelihood of a threat to justify immediate action.</p>
<p>Less common paramilitary-style tactics were on display last Friday when <a href="https://www.nzherald.co.nz/nz/covid-19-omicron-outbreak-police-carrying-batons-as-more-protesters-arrive-at-parliament/6WAGG52I4OPBALDMHIX5ROITSA/">some police carrying batons</a> assembled, again fodder for mainstream and social media debate. </p>
<p>Squads marching into position like this are a necessary overt display of organised coercive power in response to a perceived level of threat. But they have the potential to be portrayed as state oppression – something police commanders are aware of. The same day batons appeared, the Wellington police district commander <a href="https://www.1news.co.nz/2022/02/11/cops-stop-carrying-batons-at-parliament-concern-over-kids-at-protest/">instructed officers</a> not to carry them. </p>
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<h2>A waiting game</h2>
<p>How to break such an impasse? Parliament could pass emergency legislation giving police special powers to use all force necessary to clear and detain protesters en masse. </p>
<p>But such a tactic would be an affront to the constitutional and constabulary independence of police that is valued in Aotearoa New Zealand. As the <a href="https://www.legislation.govt.nz/act/public/2008/0072/latest/DLM1102195.html">Policing Act</a> specifically prohibits ministerial interference in operational matters, some might perceive emergency legislation as an overreach. </p>
<p>Using chemical irritants like pepper spray may well disperse the crowd but might also only displace the problem to another site, with police bound to provide aftercare and medical treatment. </p>
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<strong>
Read more:
<a href="https://theconversation.com/covid-disinformation-and-extremism-are-on-the-rise-in-new-zealand-what-are-the-risks-of-it-turning-violent-172049">COVID disinformation and extremism are on the rise in New Zealand. What are the risks of it turning violent?</a>
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<p>Mounted police units, as used by Australian and British police, are an effective means of moving large groups of people, but no such capability exists in New Zealand.</p>
<p>The problem will not be resolved by arresting every occupier, given the significant financial cost and required resources. The police themselves have <a href="https://www.newshub.co.nz/home/new-zealand/2022/02/coronavirus-latest-on-parliament-protest-covid-19-omicron-outbreak-sunday-february-13.html">acknowledged</a> they cannot arrest their way out of the problem.</p>
<p>Police are well resourced to wait the occupation out. While this might be the safest option, it may not be the most politically amenable one. So far, though, the police can be applauded for their patience, professionalism and commitment to maintaining the peace.</p><img src="https://counter.theconversation.com/content/177054/count.gif" alt="The Conversation" width="1" height="1" />
<p class="fine-print"><em><span>Ross Hendy has previously worked for and received research funding from New Zealand Police.</span></em></p>With the occupation of parliament grounds entering its second week, police walk a thin blue line between enforcing the law and not inflaming the situation.Ross Hendy, Lecturer in Criminology, Monash UniversityLicensed as Creative Commons – attribution, no derivatives.tag:theconversation.com,2011:article/1580142021-05-12T13:50:05Z2021-05-12T13:50:05ZWhat happened when Italy criminalised environmental protest<p>Environmental movements are increasingly finding it hard to exercise their right to protest. This is partly due to the pandemic, though not always. The UK government, for instance, has proposed a bill which would give the police <a href="https://www.gov.uk/government/publications/police-crime-sentencing-and-courts-bill-2021-factsheets/police-crime-sentencing-and-courts-bill-2021-overarching-factsheet">extra powers</a> to use against protests, based on a <a href="https://www.justiceinspectorates.gov.uk/hmicfrs/publications/getting-the-balance-right-an-inspection-of-how-effectively-the-police-deal-with-protests/">government report</a> which focused on disruption caused by Extinction Rebellion and protests against fracking, a badger cull, and the construction of the high-speed rail line HS2. </p>
<p>My home country of Italy has also strengthened its ability to police and ultimately criminalise public protest, and was doing so even before the pandemic. In particular, a 2019 <a href="https://www.gazzettaufficiale.it/eli/id/2019/06/14/19G00063/sg">security decree</a> called “Salvini bis” after its proponent, the then minister of the interior Matteo Salvini, has aggravated penalties for many actions during public protests. </p>
<p>For example damaging property during a public protest is now punishable with up to five years imprisonment, while threatening and resisting the police gets at least five years. The decree also penalised the wearing of helmets or garments by protesters in a way that impairs police identification, and increased sentences for using fireworks, systems that neutralise tear gas, and other “potentially harming” weapons and tools during protests.</p>
<h2>The NoTAP protest</h2>
<p>These powers are now routinely used by Italian law enforcers to deal with environmental protesters. One example I have looked at in my research is the <a href="https://journals.sagepub.com/doi/pdf/10.1177/1741659018760106">policing and criminalisation of the NoTAP environmental movement</a> in Puglia, the south-eastern region of Italy. Protesters there are opposing the Trans Adriatic Pipeline, commonly known as TAP. Partly funded by the EU, TAP aims to bring natural gas from Azerbaijan to Italy, via Turkey, Greece and Albania. </p>
<figure class="align-center zoomable">
<a href="https://images.theconversation.com/files/400019/original/file-20210511-15-gemsqa.png?ixlib=rb-1.1.0&q=45&auto=format&w=1000&fit=clip"><img alt="Map of the Trans Adriatic Pipeline." src="https://images.theconversation.com/files/400019/original/file-20210511-15-gemsqa.png?ixlib=rb-1.1.0&q=45&auto=format&w=754&fit=clip" srcset="https://images.theconversation.com/files/400019/original/file-20210511-15-gemsqa.png?ixlib=rb-1.1.0&q=45&auto=format&w=600&h=450&fit=crop&dpr=1 600w, https://images.theconversation.com/files/400019/original/file-20210511-15-gemsqa.png?ixlib=rb-1.1.0&q=30&auto=format&w=600&h=450&fit=crop&dpr=2 1200w, https://images.theconversation.com/files/400019/original/file-20210511-15-gemsqa.png?ixlib=rb-1.1.0&q=15&auto=format&w=600&h=450&fit=crop&dpr=3 1800w, https://images.theconversation.com/files/400019/original/file-20210511-15-gemsqa.png?ixlib=rb-1.1.0&q=45&auto=format&w=754&h=566&fit=crop&dpr=1 754w, https://images.theconversation.com/files/400019/original/file-20210511-15-gemsqa.png?ixlib=rb-1.1.0&q=30&auto=format&w=754&h=566&fit=crop&dpr=2 1508w, https://images.theconversation.com/files/400019/original/file-20210511-15-gemsqa.png?ixlib=rb-1.1.0&q=15&auto=format&w=754&h=566&fit=crop&dpr=3 2262w" sizes="(min-width: 1466px) 754px, (max-width: 599px) 100vw, (min-width: 600px) 600px, 237px"></a>
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<span class="caption">The TAP sends gas from Central Asia to Western Europe.</span>
<span class="attribution"><a class="source" href="https://en.wikipedia.org/wiki/File:Trans_Adriatic_Pipeline.png">Genti77 / wiki</a>, <a class="license" href="http://creativecommons.org/licenses/by-sa/4.0/">CC BY-SA</a></span>
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<p>Activists in Puglia oppose the pipeline for different reasons, including its climate impact, and local environmental issues. In that part of Italy, <a href="https://www.reuters.com/article/uk-italy-energy-trees-insight-idUKKCN1240GE">olive trees</a> have been a big issue, as thousands have been removed along the route.</p>
<figure class="align-center ">
<img alt="A tree surrounded by orange fence" src="https://images.theconversation.com/files/400154/original/file-20210511-23-v8q0a9.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=754&fit=clip" srcset="https://images.theconversation.com/files/400154/original/file-20210511-23-v8q0a9.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=600&h=450&fit=crop&dpr=1 600w, https://images.theconversation.com/files/400154/original/file-20210511-23-v8q0a9.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=600&h=450&fit=crop&dpr=2 1200w, https://images.theconversation.com/files/400154/original/file-20210511-23-v8q0a9.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=600&h=450&fit=crop&dpr=3 1800w, https://images.theconversation.com/files/400154/original/file-20210511-23-v8q0a9.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=754&h=566&fit=crop&dpr=1 754w, https://images.theconversation.com/files/400154/original/file-20210511-23-v8q0a9.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=754&h=566&fit=crop&dpr=2 1508w, https://images.theconversation.com/files/400154/original/file-20210511-23-v8q0a9.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=754&h=566&fit=crop&dpr=3 2262w" sizes="(min-width: 1466px) 754px, (max-width: 599px) 100vw, (min-width: 600px) 600px, 237px">
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<span class="caption">Doomed: an olive tree in Puglia due to be cleared for TAP.</span>
<span class="attribution"><span class="source">Anna Di Ronco</span>, <span class="license">Author provided</span></span>
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<p>Though NoTAP protests in the region were always peaceful, law enforcers responded with <a href="https://www.ilfattoquotidiano.it/in-edicola/articoli/2021/03/25/tap-la-denuncia-dei-manifestanti-noi-condannati-i-poliziotti-violenti-ancora-senza-volto/6144845/">violence</a> especially to protests in 2017 and 2018. Repressive measures since then have included expulsion orders and place bans, fines of up to €4,000 mostly to punish blocking traffic or violations of those expulsion orders, and charges for possessing dangerous weapons, criminal damage, threatening and resisting the police, and trespass. These charges have recently been pressed in a trial involving almost 100 NoTAP activists. </p>
<h2>Harsh sentences for activists</h2>
<p>But my <a href="https://journals.sagepub.com/doi/pdf/10.1177/1741659020953889">recent fieldwork</a> and interviews I conducted with NoTAP activists and their lawyers told a different story. Many people I spoke to claimed that charges were ill-substantiated or unnecessarily exaggerated: for example, many activists who threw flowers and paint-filled eggs in the direction of the police, or showed the sign of the horns (usually signifying cuckoldry) at one of their helicopters, have been charged with insulting and resisting the police. This is a charge that – due to the 2019 security decree mentioned above – can carry a sentence of more than five years. Others claim they were charged with trespass for having crossed land despite the land not being marked as private by signs or fences. </p>
<p>This notwithstanding, a judge recently <a href="https://www.lecceprima.it/cronaca/Scontri-no-tap-arriva-sentenza-in-tre-processi-con-92-imputati.html%22%22">confirmed most charges against activists</a> and, in some instances, even increased sentences from six months to more than three years. As activists and their <a href="https://www.facebook.com/MovimentoNoTAP/photos/a.608985612638438/1565089170361406/">lawyers</a> pointed out in their press statements, this trial – which took place in a high security criminal court and mostly relied on the testimonies of police officers – was unusually short, reaching its conclusion in only seven months. By contrast, numerous reports of <a href="https://www.ilfattoquotidiano.it/in-edicola/articoli/2021/03/25/tap-la-denuncia-dei-manifestanti-noi-condannati-i-poliziotti-violenti-ancora-senza-volto/6144845/">police abuse and violence against activists</a> continue to remain under-investigated.</p>
<p>At the same time, the <a href="https://www.ilfattoquotidiano.it/2020/01/07/tap-in-19-vanno-a-processo-ulivi-espiantati-inquinamento-falde-e-lavori-senza-permessi-pm-illegittima-lautorizzazione-ministeriale/5655478/">TAP company is itself awaiting trial</a> for “<a href="https://ilmanifesto.it/gasdotto-tap-in-puglia-al-via-il-processo-per-disastro-ambientale/">environmental disaster</a>”. It is accused of polluting groundwater and doing preparatory works – also involving the removal of olive trees – without the required permits. The company is also accused of having presented an incomplete assessment of the project’s impact on natural habitats, which are protected by EU law. If confirmed, this charge would invalidate the environmental authorisation TAP received back in 2014, which allowed it to start work in southern Italy. </p>
<p>This trial (and not the one against the activists, which <a href="https://ilmanifesto.it/gasdotto-tap-in-puglia-al-via-il-processo-per-disastro-ambientale/">started at the same time</a>) was postponed once due to the COVID-19 pandemic, and has recently been <a href="http://www.leccecronaca.it/index.php/2021/04/09/processo-tap-udienza-rinviata-al-7-maggio/">postponed again</a> for the same reason. </p>
<p>The activists’ work has not been pointless, since their efforts to monitor and report <a href="https://journals.sagepub.com/doi/full/10.1177/1741659020953889">violations by the TAP company</a> helped prosecutors build their case. The activists haven’t been discouraged either, as one representative told me recently, “if anything, criminalisation managed to unite us even more”. This shows that such crackdowns may not lead to the desired outcome.</p>
<p>Developments in Italy and the UK both point at the creeping and dangerous ways in which some governments are clamping down on the right to protest. That these regulations are mostly targeting environmental protesters is no surprise: public awareness has substantially grown over the past years and more and more people are being mobilised. Attempts to constrain such mobilisation should be resisted as they are unnecessary, disproportionate and ultimately inconsistent with efforts to tackle global climate change.</p><img src="https://counter.theconversation.com/content/158014/count.gif" alt="The Conversation" width="1" height="1" />
<p class="fine-print"><em><span>Anna Di Ronco receives funding from The British Academy/Leverhulme Fund Small Research Grant. </span></em></p>A criminologist spoke to anti-gas pipeline activists.Anna Di Ronco, Senior Lecturer in Criminology, University of EssexLicensed as Creative Commons – attribution, no derivatives.tag:theconversation.com,2011:article/1596472021-04-26T14:32:33Z2021-04-26T14:32:33ZSouth Africans hold contradictory views about their democracy<figure><img src="https://images.theconversation.com/files/397048/original/file-20210426-23-162u9r9.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=496&fit=clip" /><figcaption><span class="caption">Protesters descended on the seat of government in 2017 to demand former South African president Jacob Zuma resign. </span> <span class="attribution"><span class="source">EFE-EPA/Kim Ludbrook</span></span></figcaption></figure><p>How do South Africans view democracy? Are they in the camp of those who see democracy through a more authoritarian lens – in other words, where the state plays a more intrusive role? Or do they see democracy as more participatory, where citizens have a greater say?</p>
<p>This is an important question as the country commemorates 27 years of constitutional democracy after the historic founding election on <a href="https://www.sahistory.org.za/dated-event/south-africas-first-democratic-elections">27 April 1994</a>.</p>
<p>The celebrations come against the backdrop of a gradual <a href="https://www.tandfonline.com/doi/full/10.1080/13510347.2019.1582029">decline of democracy</a> globally. This entails, among other ills, increased restrictions on media freedom and civil society as well as harassment of opposition parties. South Africa has not been immune to these <a href="https://www.v-dem.net/media/filer_public/99/de/99dedd73-f8bc-484c-8b91-44ba601b6e6b/v-dem_democracy_report_2019.pdf">trends</a>. </p>
<p>To answer the question how South Africans view democracy, I drew on the <a href="http://www.hsrc.ac.za/en/departments/sasas">South African Social Attitudes Survey data from 2011 to 2018</a>. </p>
<p>The findings show that while South Africans value some democratic principles, they also hold authoritarian views. This means that South Africans hold political values that could facilitate a further decline in the country’s democracy. </p>
<h2>Four key criteria</h2>
<p>To understand how South Africans view democracy I focused on four questions asked in the survey. These were whether</p>
<ul>
<li><p>government should have the authority to stop citizens from criticising it; </p></li>
<li><p>citizens should have the right to form or join organisations such as political parties, business associations and trade unions freely; </p></li>
<li><p>government should be in control of what information is given to the public; and </p></li>
<li><p>protest is an acceptable way for people to express their views in a democracy.</p></li>
</ul>
<p>These questions are important indicators of the country’s political outlook. The <a href="https://www.theguardian.com/commentisfree/2015/may/06/were-citizens-not-subjects-we-have-the-right-to-criticize-government-without-fear">right to criticise government</a>, <a href="https://www.solidaritycenter.org/un-report-freedom-of-associations-key-democracy/">freedom of association</a>, <a href="https://www.cartercenter.org/news/documents/doc1860.html">access to information</a> and the <a href="https://www.justice.gov.za/legislation/constitution/history/REPORTS/tc4-ASSEMBLY.PDF">right to assemble</a> are key principles for the durability of democracy. </p>
<p>Also, the apartheid state engaged in <a href="https://www.sahistory.org.za/article/many-faces-apartheid-repression">political repression</a> and <a href="https://journals.sagepub.com/doi/pdf/10.1080/03064229408535714">media censorship</a> to control information. It banned <a href="https://www.nytimes.com/1988/02/25/world/south-africa-bans-most-anti-apartheid-activities.html">political associations</a> and <a href="https://overcomingapartheid.msu.edu/sidebar.php?kid=163-581-1">people</a> who criticised it. </p>
<p>The <a href="http://datacuration.hsrc.ac.za">survey results</a> showed that South Africans’ political outlook remained consistent between 2011 and 2018. It also showed that they consistently held both a democratic and an authoritarian political outlook. Thus, the country’s political culture could be constructed as holding contradictory views that might, in a context of dissatisfaction with democracy, support growing political radicalism and populism. </p>
<p>Most respondents believed they should have the right to freedom of association. They also believed they should be able to protest to express their views. Yet, between 36% and 49% believed that the government should have the authority to stop people criticising it. </p>
<p>Between 41% and 54% of people believed the state should be able to control what information was given to people. </p>
<figure class="align-center zoomable">
<a href="https://images.theconversation.com/files/397061/original/file-20210426-21-qz3mjh.png?ixlib=rb-1.1.0&q=45&auto=format&w=1000&fit=clip"><img alt="" src="https://images.theconversation.com/files/397061/original/file-20210426-21-qz3mjh.png?ixlib=rb-1.1.0&q=45&auto=format&w=754&fit=clip" srcset="https://images.theconversation.com/files/397061/original/file-20210426-21-qz3mjh.png?ixlib=rb-1.1.0&q=45&auto=format&w=600&h=357&fit=crop&dpr=1 600w, https://images.theconversation.com/files/397061/original/file-20210426-21-qz3mjh.png?ixlib=rb-1.1.0&q=30&auto=format&w=600&h=357&fit=crop&dpr=2 1200w, https://images.theconversation.com/files/397061/original/file-20210426-21-qz3mjh.png?ixlib=rb-1.1.0&q=15&auto=format&w=600&h=357&fit=crop&dpr=3 1800w, https://images.theconversation.com/files/397061/original/file-20210426-21-qz3mjh.png?ixlib=rb-1.1.0&q=45&auto=format&w=754&h=448&fit=crop&dpr=1 754w, https://images.theconversation.com/files/397061/original/file-20210426-21-qz3mjh.png?ixlib=rb-1.1.0&q=30&auto=format&w=754&h=448&fit=crop&dpr=2 1508w, https://images.theconversation.com/files/397061/original/file-20210426-21-qz3mjh.png?ixlib=rb-1.1.0&q=15&auto=format&w=754&h=448&fit=crop&dpr=3 2262w" sizes="(min-width: 1466px) 754px, (max-width: 599px) 100vw, (min-width: 600px) 600px, 237px"></a>
<figcaption>
<span class="caption">South African political values, 2011 - 2018.</span>
<span class="attribution"><span class="source">HSRC</span></span>
</figcaption>
</figure>
<p>South Africans have, seemingly, forgotten the severe impact censorship had on their struggle for freedom. </p>
<p>We found that there was a difference in perceptions, based on political support, on whether government should control information and stop people from criticising it. We noted that 44% and 49% of responded who supported the governing African National Congress (ANC) and Economic Freedom Front (EFF), the third largest party, respectively, supported repressive measures to stop people criticising the government.</p>
<p>Interestingly, 32% of supporters of the Democratic Alliance (DA), the main opposition party, also held this view. This is contradictory to the <a href="https://www.da.org.za/why-the-da/values-and-principles">liberal values</a> that the DA espouses. </p>
<p>Across all three political parties, freedom of association was held in high regard, with 78% of ANC, 70% of DA and 75% of EFF supporters showing positive attitudes to the right of people to join and form political and civic associations.</p>
<p>Given the support for repressive measures to stop people criticising government as well as strong support for protests and freedom of association, South Africans hold contradictory political values for an open, transparent and democratic society.</p>
<p>Freedom of association and protest are valued, but so too are repressive government measures and control of information. Perhaps more worrying is the view that government control of information is acceptable. Fifty percent of ANC, 33% of DA and 50% of EFF supporters agreed that government should control what information was given to the public.</p>
<p>This perception does not support the basic democratic value of openness and transparency. The is even more worrying given the increase in <a href="https://www.tandfonline.com/doi/abs/10.1080/17533171.2020.1783086">fake news</a>, conspiracy theories and disinformation. Access to credible sources of information as the basis of a democratic society is now more important than ever. </p>
<h2>Civic education gap</h2>
<p>With the rise of populism in the context of the global decline in democracy, the contradictory political views of South Africans on basic democratic values point to a need for a <a href="http://www.scielo.org.za/scielo.php?script=sci_arttext&pid=S1947-94172018000100004">new civic education</a> for democratic citizenship. </p>
<p>This is particularly important as <a href="https://www.bbvaopenmind.com/en/articles/the-rise-and-rise-of-populism/">rising populism</a> undermines democratic political culture. South Africa has also seen an increase in <a href="https://mg.co.za/article/2019-05-01-00-south-africa-is-ripe-for-right-wing-populist-movements/">populist political rhetoric</a>. Also on the rise are <a href="https://www.beyondintractability.org/bksum/gibson-overcomingintolerance">political intolerance</a>, as shown by <a href="https://theconversation.com/race-still-colours-south-africas-politics-25-years-after-apartheids-end-115735">racial and political polarisation</a>, as well as political disillusionment and violent and destructive protest action. </p>
<p>To build a political culture that supports democracy in South Africa, civic education needs to move beyond voter education. It should also focus on promoting civic citizenship and political values that support a democratic political culture. </p>
<p>If not, democracy may regress even more, undermining the high price paid for freedom in the country.</p><img src="https://counter.theconversation.com/content/159647/count.gif" alt="The Conversation" width="1" height="1" />
<p class="fine-print"><em><span>Joleen Steyn Kotze receives funding from the National Research Foundation</span></em></p>To build a political culture that supports democracy in South Africa, civic education needs to move beyond voter education.Joleen Steyn Kotze, Chief Research Specialist in Democracy and Citizenship at the Human Science Research Council and a Research Fellow Centre for African Studies, University of the Free StateLicensed as Creative Commons – attribution, no derivatives.tag:theconversation.com,2011:article/1584372021-04-08T14:49:06Z2021-04-08T14:49:06ZChristof Heyns: South African scholar who left his mark on the world’s human rights systems<figure><img src="https://images.theconversation.com/files/393771/original/file-20210407-13-ceudcp.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=496&fit=clip" /><figcaption><span class="caption">Christof Heyns served as UN Special Rapporteur on extrajudicial executions and on the UN Human Rights Committee. </span> <span class="attribution"><span class="source">University of Pretoria</span></span></figcaption></figure><p>The South African academic <a href="http://www.law.uct.ac.za/news/professor-christof-heyns-memoriam">Professor Christof Heyns</a>, who has died at the age of 62, was a world-renowned human rights advocate and academic. He was a thoughtful scholar of both the African and UN human rights systems, and an incredibly popular teacher and activist. </p>
<p>He leaves behind a remarkable legacy among generations of students across the continent and around the world.</p>
<p>But in addition to his shaping of the University of Pretoria’s contribution to human rights issues across the continent, Heyns also achieved a global impact by serving over the past decade in two high-profile United Nations positions. He was <a href="https://www.ohchr.org/en/issues/executions/pages/christofheyns.aspx">Special Rapporteur on extrajudicial, summary or arbitrary executions</a> (2010-2016); and a member of the <a href="https://www.universityworldnews.com/post.php?story=20210331070537355">UN Human Rights Committee</a> (2017-2020). </p>
<p>From those positions he made an extensive impact on the global human rights landscape. He made important visits to a range of countries, including The Gambia, Turkey, Mexico, Honduras and Papua New Guinea, casting new light on their protection of the right to life. And he sent numerous urgent appeals to states around the world, including, for example, on many cases involving the death penalty.</p>
<p>Heyns was also a passionate advocate of the potential role for regional mechanisms as part of an international system for the protection of human rights. Both as a special rapporteur and later as a member of a treaty body he sought to involve and consult regional experts. He was particularly eager to enhance the collaboration between the UN and the African Union’s <a href="https://www.achpr.org/">African Commission on Human and Peoples’ Rights</a>, working with them closely in 2015 as they developed their <a href="https://www.achpr.org/public/Document/file/English/general_comment_no_3_english.pdf">General Comment on the right to life</a>. </p>
<h2>Human rights and peaceful protests</h2>
<p>He took over the mandate on summary executions at a propitious moment. Protests were beginning to <a href="https://www.bbc.com/news/world-12482291">sweep across the Arab world</a> and oppressive reactions to peaceful assemblies around the world were at centre stage. </p>
<p>Having written his doctorate on civil disobedience, Heyns was immediately ready to make a contribution. His focus would be on the cases where the use of force – or other mismanagement of assemblies – led to arbitrary loss of life. But his work would also have significant implications for the broader rights linked to peaceful protests. </p>
<p>This remained a recurring theme of the decade, both in terms of the global events he was called to respond to, and in terms of his clarification of the applicable human rights norms. For example, he worked with fellow special rapporteur <a href="http://freeassembly.net/">Maina Kiai</a> from 2014 to 2016 to write an influential <a href="https://digitallibrary.un.org/record/831673?ln=en">joint report</a> providing practical recommendations for the management of peaceful protests.</p>
<p>Four years later, he would drive forward the Human Rights Committee’s process of developing a definitive guide to the state’s obligations to respect and facilitate the right of peaceful assembly, in its <a href="http://undocs.org/ccpr/c/gc/37">General Comment No.37</a>, published in 2020.</p>
<h2>Use of force in law enforcement and armed conflict</h2>
<p>Heyns also focused on broader questions of the use of force by the police. In addition to addressing specific events, he used his thematic reports to the UN Human Rights Council and General Assembly to draw particular attention to more persistent and structural factors. These included the <a href="https://www.policinglaw.info">domestic legal framework</a> within which police operated, their training and equipment, and the accountability mechanisms available to review their conduct.</p>
<p>A long-term result of this focus was the development of the <a href="https://www.ohchr.org/Documents/HRBodies/CCPR/LLW_Guidance.pdf">UN Human Rights Guidance on Less-Lethal Weapons in Law Enforcement</a>. It was published last year. </p>
<p>His predecessor as special rapporteur had already responded to the increasing use of armed drones for targeted killing during the early 2000s. Heyns continued this work. He set out in a very clear <a href="https://www.justsecurity.org/wp-content/uploads/2013/10/UN-Special-Rapporteur-Extrajudicial-Christof-Heyns-Report-Drones.pdf">report</a> for the General Assembly that, while not inherently unlawful, it was vital that the use of drones followed the established laws of war.</p>
<p>But his real influence with respect to the impact of new technologies on the battlefield was in a seminal <a href="https://www.ohchr.org/Documents/HRBodies/HRCouncil/RegularSession/Session23/A-HRC-23-47_en.pdf">2013 report on the risks posed by autonomous weapons systems</a> (“killer robots”). The debates about these weapons will likely continue for years, but Heyns’ report is at least partly responsible for ensuring that, moving forward, a human rights perspective will be central to shaping an international response.</p>
<h2>Accountability for unlawful deaths</h2>
<p>Though he contributed a great deal to the clarification of the norms around many of the themes of his mandate, he was firmly convinced that the challenge was often not a disagreement about the norms but rather a lack of clarity about the facts on the ground. </p>
<p>With this in mind, one of his long-term projects was updating the <a href="https://www.ohchr.org/Documents/Publications/MinnesotaProtocol.pdf">Minnesota Protocol on the Investigation of Potentially Unlawful Death</a>. This UN document lays out the necessary standards for an effective forensic investigation of death, and details the range of circumstances in which such investigations must take place.</p>
<p>The failure to conduct such an investigation, to pursue accountability for potentially unlawful killings, amounts in itself to a violation of the right to life. Heyns would ensure this fundamental tenet of his work was reflected in the Human Rights Committee’s <a href="https://www.refworld.org/docid/5e5e75e04.html">General Comment on the right to life</a> when it was adopted shortly after he joined the Committee in 2017. </p>
<h2>Lasting legacy</h2>
<p>Heyns made these and many other substantive contributions to the development of international law – contributions that will be long-lasting. </p>
<p>But they only make up part of his impact on the international human rights community. </p>
<p>He will be remembered as much for the manner in which he undertook his work – collegial and consultative, with a vision for the widest arc of the work as well as an attention to the granular detail of processes and people who make them work. </p>
<p>He shared his vision generously, constantly seeking new projects, partnerships and collaborations. His memory will inspire all of us fortunate enough to have worked with him. His legacy will be an agenda.</p><img src="https://counter.theconversation.com/content/158437/count.gif" alt="The Conversation" width="1" height="1" />
<p class="fine-print"><em><span>Thomas Probert served as a research consultant to the mandate of the UN Special Rapporteur on summary executions from 2013-2016, and worked closely with Prof. Heyns in developing many of the standards discussed in this article. </span></em></p>From his positions at the United Nations, Professor Heyns made a huge impact on the protection of the right to life and the right of peaceful assembly.Thomas Probert, Head of Research, Freedom from Violence, University of PretoriaLicensed as Creative Commons – attribution, no derivatives.tag:theconversation.com,2011:article/1569662021-03-11T16:28:03Z2021-03-11T16:28:03ZA close look at how the net has tightened on the right to protest in South Africa<figure><img src="https://images.theconversation.com/files/389051/original/file-20210311-22-1rh4exy.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=496&fit=clip" /><figcaption><span class="caption">Protesters clash with police in February in Cape Town over student funding.</span> <span class="attribution"><span class="source">Brenton Geach/Gallo Images via Getty Images</span></span></figcaption></figure><p>South Africa’s public order policing is as ill as it ever was. This has been illustrated in recent <a href="https://www.bloomberg.com/news/articles/2021-03-11/protests-spur-south-africa-to-bolster-university-student-funding">student protests</a> spreading across the country’s campuses. In Johannesburg <a href="https://mg.co.za/education/2021-03-10-why-am-i-being-shot-witnesses-describe-last-moments-of-man-shot-during-wits-protests/">police shot dead</a> a pedestrian at a protest outside the University of the Witwatersrand in Johannesburg. </p>
<p>In March 2020 the government imposed a <a href="https://www.dailymaverick.co.za/opinionista/2021-01-19-south-africas-new-lockdown-regulations-explicitly-ban-all-political-gatherings/">ban</a> on political gatherings as part of a host of interventions aimed at managing the COVID-19 pandemic. The move was <a href="https://www.groundup.org.za/article/government-using-lockdown-decide-who-may-or-may-no-protest/">unprecedented</a> in the country’s post-apartheid history. </p>
<p>Since then there has been a distressing level of uneven and inconsistent policing of gatherings. The message this has sent is that the police were going easy on some gatherings, while taking <a href="https://www.groundup.org.za/article/continued-prohibition-political-gatherings-irrational/">tough action</a> on others to suppress dissent. </p>
<p>As a scholar of the <a href="https://www.scribd.com/document/323143697/Introductin-to-Protest-Nation-The-Right-to-Protest-in-South-Africa#from_embed">right to protest</a> I have not been surprised by the heavy handed action. In my view the state has merely been reproducing behaviour patterns entrenched over the past two decades.</p>
<p><a href="https://journals.co.za/doi/pdf/10.2989/CCR.2020.0009">Research I conducted</a> prior to the lockdown pointed to anti-democratic patterns of behaviour towards protesters. This is despite a 2018 Constitutional Court <a href="http://www.saflii.org/za/cases/ZACC/2018/45.html">judgment</a> in South Africa that affirmed people’s right to protest. </p>
<p>I concluded from my findings that much more needs to be done at municipal level to ensure that the judgment changes how the state regulates and polices protests. South Africa’s Regulation of Gatherings <a href="https://www.gov.za/documents/regulation-gatherings-act">Act</a> requires a convener to give notice of their intention to hold a gathering to their local authority, in most cases their municipality.</p>
<h2>Understanding local practices</h2>
<p>The Constitutional Court <a href="https://globalfreedomofexpression.columbia.edu/cases/mlungwana-v-the-state/">found</a> in the <em>Mlungwana and Others v S and Another</em> judgment that a convener’s mere failure to give notice of an intention to hold a gathering should not be criminalised. </p>
<p>The court argued that criminalisation was an unjustifiable limitation on freedom of assembly. It argued that less restrictive means could be used to encourage notification, which it recognised served important public purposes.</p>
<p>The ruling covered all gatherings. But it was particularly significant for the right to protest. This is because protests are more susceptible to government repression than ordinary gatherings.</p>
<p>Using notification as a lens through which to view the state’s treatment of protests, I explored whether actual municipal practices on the ground were opening or closing spaces for protests, and what impact <em>Mlungwana</em> was likely to have on these practices.</p>
<p>I drew on two datasets, which provided rich detail about actual municipal practices over the past decade. The first was collected from 12 municipalities between 2012 and 2013 around the country by a team of researchers under my direction. The second was sourced from the <a href="https://www.saha.org.za">South African History Archives</a>. It had assisted a public interest law clinic to send access to information requests to all municipalities in the country where an information officer’s contact details could be found. Many municipalities simply ignored their requests.</p>
<p>The documents they obtained covered the period 2015 onwards. </p>
<p>I supplemented these datasets with interviews with municipalities, activists and lawyers.</p>
<p>The research results did not paint a flattering picture of municipal practices. Municipalities used pre-emptive restrictions on gatherings, and especially protests, as a matter of course. </p>
<p>For example, municipalities impose onerous conditions that are not required by, or even supported by, the Act. Some require conveners to pay fees to hold a gathering. </p>
<p>In addition, the Act should regulate gatherings in a content-neutral manner with the narrowest prohibitions possible on harmful forms of expression. Yet, there was evidence of municipalities interfering in the lawful expressive content of protests.</p>
<p>In one municipality conveners had to provide information about whether placards would be displayed in gatherings, the names and copies of the identity documents of people who were going to give speeches at the gathering, as well as the duration of the speeches.</p>
<p>Another required conveners to provide details of whether speeches would be made at gatherings, and if so, by whom. In two others they required conveners to give descriptions of the placards and slogans to be displayed.</p>
<p>These requirements risk chilling freedom of expression in gatherings as speakers may be unwilling to be identified in advance out of fear that their speeches may make them targets for harassment or intimidation.</p>
<p>The datasets revealed that municipalities held preparatory meetings for most gatherings they’d received notices about. This is in spite of the fact that in terms of the Act, meetings are needed only if the responsible officer has concerns about the gathering.</p>
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Read more:
<a href="https://theconversation.com/why-student-protests-in-south-africa-have-turned-violent-66288">Why student protests in South Africa have turned violent</a>
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<p>My research showed that outright prohibitions or refusals of requests for gatherings were a rarity. However, municipalities have also been known to impose blanket prohibitions on gatherings during special events – such as around the time of the 2010 football World Cup and, more recently, the 2016 local government elections – effectively suspending the right to gather in public spaces outside of a State of Emergency.</p>
<h2>A shift</h2>
<p>Municipal over-regulation of protests, coupled with over-policing, suggests a doctrinal shift in how they are viewed by the government. Instead of recognising protests as a democratic right and legitimate form of expression, increasingly protests have been framed as threats to domestic stability and, consequently, national security.</p>
<p>For example, I found no evidence from my research that the national government stepped in to curb abuses.</p>
<p>This shift is not confined to South Africa. It reflects a more conflictual global social order, declining respect for democracy as a political form, and consequently increasingly common framings of protests as riots and protesters as mobs. </p>
<p>State conduct during the lockdown has been yet another sign of this doctrinal decline.</p>
<p><em>Mlungwana</em> was an important step towards reforming the problematic notification process. But, unless the judgment is followed by a deeper and more consistent ideological and doctrinal commitment to respecting the right to protest and ensuring a more genuine incorporation of the majority of South Africans into the political system, then the changes are likely to be limited.</p><img src="https://counter.theconversation.com/content/156966/count.gif" alt="The Conversation" width="1" height="1" />
<p class="fine-print"><em><span>Jane Duncan receives funding from the Open Society Foundation for South Africa and Luminate.</span></em></p>Instead of being a democratic right and legitimate form of expression, protests have increasingly been framed as threats to national security.Jane Duncan, Professor, Department of Journalism, Film and Television, University of JohannesburgLicensed as Creative Commons – attribution, no derivatives.tag:theconversation.com,2011:article/1183522019-06-10T13:27:47Z2019-06-10T13:27:47ZMore countries need to give peaceful protest the chance it deserves<figure><img src="https://images.theconversation.com/files/278286/original/file-20190606-98010-9lc4lh.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=496&fit=clip" /><figcaption><span class="caption">A Sudanese protester waves the Sudanese and Algerian flags. Peaceful protestors in both countries eventually toppled their long term presidents.</span> <span class="attribution"><span class="source">EPA-EFE/Amel Pain</span></span></figcaption></figure><p>The right of peaceful protest is enshrined in the <a href="https://www.un.org/en/universal-declaration-human-rights/">Universal Declaration of Human Rights</a>, adopted by the United Nations in December 1948. Today, this right is recognised in the constitutions of 182 countries. However, we are still far away from universal acceptance of this right in practice. </p>
<p>There is, of course, nothing inherently good or bad about the causes pursued through peaceful protest. It has been used, for example, to foster acceptance for many fundamental human rights. It’s also been used to call for the <a href="https://www.independent.co.uk/news/world/europe/brussels-anti-immigration-far-right-protest-riot-police-eu-un-global-migration-a8685876.html">rejection of foreigners</a>, and lesbian, gay, bisexual, transgender and queer (<a href="https://www.independent.co.uk/news/uk/home-news/anti-trans-protest-london-pride-parade-lgbt-gay-2018-march-lesbian-gay-rights-a8436506.html">LGBTQ)</a> people. It has also been used for and against <a href="https://elombah.com/anti-abortion-pro-life-protest-rocks-nairobi-kenya/">abortion</a>. And in some cases assemblies deteriorate into riots. </p>
<p>But when a society permits people to air their grievances in the streets in a peaceful way, it allows public engagement with the matter, and creates a powerful tool for tensions to be resolved in an inclusive and peaceful manner. This is an integral part of a democratic and pluralistic society.</p>
<p>Yet, in spite of noble promises in their constitutions, a significant number of countries worldwide have a very restrictive approach to demonstrations. </p>
<p>At the Centre for Human Rights of the University of Pretoria we did a comprehensive survey of the <a href="https://www.policinglaw.info/">use of force laws</a> of every country in the world. Many countries allow the use of force by the police to disperse assemblies, without regard to the principles of necessity and proportionality, as is required under international law. Or they ominously provide that the police may use <a href="https://www.ohchr.org/en/professionalinterest/pages/useofforceandfirearms.aspx">“all means necessary”</a>. </p>
<p>Such an approach very easily results in an escalation of force on all sides - or in the long term suppression of the population, which can only be sustained with more repression.</p>
<p>The national laws of a country are the first line of defence of the population’s freedoms. The international human rights system can help to set universal standards. But it can provide only limited protection if this is not done in the country itself. Moreover, uncertainty about the applicable laws leads to dangerous “surprises”. The <a href="http://www.icla.up.ac.za/images/un/hrc/A_HRC.26.36.pdf">reform of national laws</a> to reflect internationally accepted and clear “rules of engagement” during peaceful protest is a matter of greatest importance.</p>
<p>International law reflects the experience of many years and societies. It requires accommodation of those who want to take their protests to the streets but also provides that the legitimate interest of the State in maintaining law and order and protecting the rights of the rest of society should be recognised. For example, such assemblies have to be peaceful, hate crimes must be prohibited, and advance notification of large gatherings may be required to allow the State time to prepare. </p>
<h2>Use of force laws</h2>
<p>But, there are still some unanswered questions concerning the international standards. It is in this context that those of us who serve on the United Nations Human Rights Committee are in the process of <a href="https://www.ohchr.org/EN/HRBodies/CCPR/Pages/GC37.aspx">drafting a document</a> aimed at helping to bring more clarity on the standards applicable to peaceful assemblies.</p>
<p>For example, may demonstrations be held on privately owned property? If the marketplace where people used to assemble has been replaced by shopping malls, can people no longer demonstrate there? Can assemblies occur online, or do they require physical presence? What are the standards for the <a href="https://www.geneva-academy.ch/news/detail/131-leading-academics-will-address-the-use-of-less-lethal-weapons-for-law-enforcement-purpose">use of less lethal weapons</a> for law enforcement?</p>
<p>In the wake of the killing of 34 striking miners by police in <a href="https://theconversation.com/marikana-shining-the-light-on-police-militarisation-and-brutality-in-south-africa-44162">Marikana</a>, South Africa, in August 2012, a local company has started marketing <a href="https://www.desert-wolf.com/dw/products/unmanned-aerial-systems/skunk-riot-control-copter.html">drones</a> which can be used to dispense weapons such as teargas and rubber bullets. </p>
<p>The selling point is that this will prevent situations where the police may feel compelled to use lethal force to defend themselves. However, the remote use of force raises the risk of treating people like animals, and adding insult to injury. Should this be allowed?</p>
<p>There are also questions where the African context may matter. The approach in Europe and elsewhere has largely been that organisers of demonstrations cannot be <a href="https://www.osce.org/odihr/73405?download=true">held responsible for riot damage</a>. </p>
<p>Do the same considerations apply in Africa, where vendors who bear the brunt may not not have insurance and are without recourse? The South African Constitutional Court has <a href="http://www.saflii.org/za/cases/ZACC/2012/13.html">held</a> that organisers can, under certain circumstances, be held responsible.</p>
<h2>Need for reform</h2>
<p>While it is necessary to find answers to these questions on the international level, the real protection of people’s rights lies in their countries’ legal systems. The test for the new UN guidelines will be whether they help to ensure greater compliance with international standards, and the realisation of the promises of nations’ constitutions.</p>
<p>It is in the interest not only of the people concerned, but of democracy itself, in Africa and elsewhere, that internationally accepted ground rules are set for peaceful assembly as a tool of change.</p><img src="https://counter.theconversation.com/content/118352/count.gif" alt="The Conversation" width="1" height="1" />
<p class="fine-print"><em><span>Christof Heyns is a member of the UN Human Rights Committee.</span></em></p>In spite of noble promises in their constitutions, many countries have a very restrictive approach to demonstrations.Christof Heyns, Professor of human rights law, University of PretoriaLicensed as Creative Commons – attribution, no derivatives.tag:theconversation.com,2011:article/1155952019-04-17T08:55:34Z2019-04-17T08:55:34ZHow portrayal of protest in South Africa denigrates poor people<figure><img src="https://images.theconversation.com/files/269611/original/file-20190416-147508-31nmli.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=496&fit=clip" /><figcaption><span class="caption">A man challenges police during a protest in Eldorado Park, Johannesburg.</span> <span class="attribution"><span class="source">EPA-EFE/Kim Ludbrook</span></span></figcaption></figure><p>Poor people in South Africa often feel that the only way they can be heard is to <a href="https://theconversation.com/voices-of-the-poor-are-missing-from-south-africas-media-53068">protest</a>. The past few days have shown that not even this gets them a hearing.</p>
<p>Protests in the townships and shack settlements where most poor people live in Johannesburg, Tshwane and Cape Town are <a href="https://www.iol.co.za/news/south-africa/look-service-delivery-protests-snowball-as-politicians-shift-blame-21026190">in the news</a>. These are the three metropolitan areas controlled by the opposition Democratic Alliance (DA).</p>
<p>The party insists that the protests have been <a href="https://www.news24.com/SouthAfrica/News/maimane-accuses-anc-of-orchestrating-violent-protests-in-da-led-areas-20190414">organised</a> by the governing African National Congress (ANC). The DA has <a href="https://www.timeslive.co.za/politics/2019-04-07-solly-msimanga-asks-police-to-probe-anc-involvement-in-alex-protests/">has laid a charge</a> against the ANC with the police, claiming that it has proof of the party’s involvement.</p>
<p>Much of the media have supported, denouncing the ANC for disrupting the calm of these cities in a <a href="https://www.businesslive.co.za/bd/opinion/columnists/2019-04-12-anthony-butler-ancs-desperate-election-campaign-behind-the-alex-shutdown/">cynical attempt to embarrass</a> the main opposition party during the current national election campaign.</p>
<p>The effect is, not for the first time, to denigrate poor people by offering a distorted picture of their lives and to keep alive spurious claims about protest which hail back to the era when the apartheid system governed the country.</p>
<p>The consensus between parts of the media and the DA presents protest in South Africa as something abnormal, which must be organised by sinister forces if it is to happen at all.</p>
<p>Protests are still presented as unusual events - the media insists that there has been a “wave of protest” triggered by the election campaign. But protest is commonplace in townships and shack settlements, where most poor people live. </p>
<p>Every now and then - <a href="https://www.enca.com/news/anc-behind-recent-violent-protests-says-maimane">as now </a>- the media announces that <a href="https://www.timeslive.co.za/news/south-africa/2019-01-16-more-protests-in-2018-than-in-any-of--previous-13-years--and-it-could-get-worse/">protest has increased</a>.
In reality, South Africa has experienced constant high levels of protest since 1973, when workers in the port city of Durban <a href="https://www.sahistory.org.za/article/1973-durban-strikes">struck for higher wages</a>, with only a brief pause between 1994 and 1997. This was prompted, no doubt, by hopes that democracy had ended the need to protest. So, what the media really mean when they announce a “wave” of protest is not that there are more protests, but that they have noticed them more.</p>
<p>At the same time as attention was fixated on protests in DA controlled areas, Klerksdorp and Potchefstroom in North West province and <a href="https://www.timeslive.co.za/news/south-africa/2019-04-16-five-arrested-for-steynrus-unrest/">Steynsrus</a> in the Free State were also gripped by protest. None of the commentaries mention these events, which happened in ANC municipalities and so couldn’t have been caused by a desire to embarrass the opposition.</p>
<h2>Organisation</h2>
<p>Horror at the fact that the protest was organised harks back to the apartheid period. The authorities claimed then that black people were content with their lot. When protest erupted, it had to be because it was organised by agitators who manipulated people into believing that there was something wrong with legalised racism.</p>
<p>All protest is organised. So are cake sales and shopping expeditions – any activity in which human beings cooperate needs organising. But that doesn’t mean, as those who mention organisation claim, that people are forced to protest by the organisers.</p>
<p>Unless there is evidence that organisers forced unwilling people to protest, harping on the fact that a protest is organised is like noting that people won’t go to an event unless someone invites them. There’s no evidence that anyone has been forced to take part in the current protests. </p>
<p>Anyone who knows life in townships and shack settlements will know that you don’t need agitators to persuade people to protest – protest organisers simply channel existing anger. Complaining about this denies the justifiable anger that poor people feel at being ignored by both public and private power holders.</p>
<p>If these protests were organised by the ANC, this also says less than we are told. First, the DA and the country’s third biggest party, the Economic Freedom Fighters, sometime organise protests directed at the ANC. It’s not clear why these are acceptable but not those which the ANC might organise against them.</p>
<p>Second and more important, in the areas where poor people live, many protests are organised by the ANC – including many which are <a href="https://www.news24.com/SouthAfrica/News/watch-irate-mkmva-members-storm-anc-kzn-offices-with-list-of-demands-20190107">directed at the ANC</a>.</p>
<p>The ANC has, for many years, dominated the townships. This continues even in those areas governed by the DA. In Johannesburg and Tshwane, the DA governs with only about a third of the vote because the ANC still wins all the wards in these areas. Since this is typical of much of the country, protests often reflect tensions within the ANC - one part is protesting at another. One reason the ANC lost Tshwane in 2016 is that its branches <a href="https://www.news24.com/elections/news/tshwane-anc-members-protest-over-didiza-nomination-20160620">organised protests</a> directed at the mayoral candidate chosen by the party leadership.</p>
<h2>Denigrating poor people</h2>
<p>Politicians and journalists who find it interesting that the ANC organised a protest are again showing that they have no idea how township protest works. Nor does this, in the absence of other evidence, show that people have been manipulated or forced to protest.</p>
<p>Poor township conditions do not justify another way of denigrating the poor favoured by media and politicians – explaining protests away as <a href="https://www.timeslive.co.za/news/south-africa/2018-05-14-service-delivery-protests-increasing-and-most-are-violent/">“service delivery protests”</a>.</p>
<p>The term “service delivery” is deeply undemocratic. It implies that the role of citizens in a democracy is to wait while those in government who know better “deliver” to them. The democratic view is that everyone is entitled to an equal say in the decisions which affect them – including a say in how government serves them. The “service delivery” explanation reduces citizens to people who benefit or suffer from decisions over which they have no control.</p>
<p>More important, the “service delivery” cliché doesn’t describe why people protest. The issues vary but, in each case, people are saying that their <a href="https://theconversation.com/voices-of-the-poor-are-missing-from-south-africas-media-53068">views and needs are ignored </a>– that they have no voice. They don’t want government to “deliver” to them, they want it to listen to them. Journalists often say people are engaged in a “service delivery protest” because they cannot be bothered to ask them why they are protesting.</p>
<h2>Insiders and outsiders</h2>
<p>None of this means that the ANC is the victim of injustice. South African electoral politics are rough and the ANC is guilty of as many assaults on the truth as its opponents.</p>
<p>What it does show is that the default position of the mainstream is to denigrate poor people. They are courted at election time and noticed when their protests spill out of townships, affecting the lives of the insider minority who monopolise public life. </p>
<p>For the rest, the insiders who dominate debate claim regularly that everything they do favours poor people – but never ask the poor what they favour. And, when poor people are persuaded by local organisers or ambitious politicians that they have an opportunity to be heard by taking to the streets, they are reduced by the insiders to passive consumers of “delivered” services or pawns in the hands of agitators.</p>
<p>All of which explains why poor people have been on the streets for more than 40 years.</p><img src="https://counter.theconversation.com/content/115595/count.gif" alt="The Conversation" width="1" height="1" />
<p class="fine-print"><em><span>Steven Friedman does not work for, consult, own shares in or receive funding from any company or organisation that would benefit from this article, and has disclosed no relevant affiliations beyond their academic appointment.</span></em></p>To claim that protests are being organised suggests sinister motives. But all protest is organised. So are cake sales and shopping expeditions.Steven Friedman, Professor of Political Studies, University of JohannesburgLicensed as Creative Commons – attribution, no derivatives.tag:theconversation.com,2011:article/1074432018-11-26T13:34:21Z2018-11-26T13:34:21ZIs South Africa’s Constitutional Court protecting democracy?<figure><img src="https://images.theconversation.com/files/246887/original/file-20181122-182050-16wr165.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=496&fit=clip" /><figcaption><span class="caption">South Africa's Chief Justice Mogoeng Mogoeng. </span> <span class="attribution"><span class="source">EFE-EPA/Mike Hutchings</span></span></figcaption></figure><p>A recent <a href="http://www.saflii.org/za/cases/ZACC/2018/45.html">decision</a> by South Africa’s Constitutional Court on the right to <a href="https://www.iol.co.za/news/politics/what-does-the-constitutional-court-judgment-on-peaceful-protests-mean-18190008">peaceful protest</a> has drawn renewed attention to its role in safeguarding the country’s democracy. In declaring a section of the <a href="https://www.gov.za/sites/default/files/Act205of1993.pdf">Regulation of Gatherings Act</a> partly unconstitutional, the Court confirmed its function as a protector of democratic rights.</p>
<p>But, how in general should we measure the success of a constitutional court when it comes to protecting democratic rights?</p>
<p>The answer isn’t straightforward because there are conflicting views about the standard we should use.</p>
<p>For most lawyers, constitutional courts’ success in protecting democracy should be measured by their jurisprudential record - their performance according to legal professional standards of appropriate decision-making. </p>
<p>On this view of things, courts are essentially reactive institutions. The only power they have to influence the quality of democracy is to interpret democratic rights in the cases they happen to be asked to decide. </p>
<p>For many political scientists, this legalistic measure is inadequate. What needs to be assessed is the actual impact of a court’s decisions on the overall quality of democracy.</p>
<p>On this alternative account, constitutional courts have much greater agency than lawyers give them credit for. They should be seen as political institutions with the capacity to adjust their decisions according to their likely effects. </p>
<p>The Colombian Constitutional Court, for example, famously thwarted President Alviro Uribe’s <a href="https://www.nytimes.com/2010/02/27/world/americas/27colombia.html">bid for a third term</a>. In a bold decision, the Court correctly calculated that it had sufficient institutional legitimacy to stand up to a charismatic politician. </p>
<p>The political science account represents a more realistic picture of the discretion constitutional courts enjoy in shaping the law. The problem, however, is that it is difficult to assess the influence of any particular decision on democratic health. There are just too many intervening variables.</p>
<p>Thus, for practical purposes, we are forced back to assessing constitutional courts’ performance by looking at their record in interpreting democratic rights. But this doesn’t mean we have to treat them as reactive institutions. The key to appreciating their role in safeguarding democracy is to fuse the sense lawyers have of their duty to decide cases according to law with a political science perspective.</p>
<h2>Track record</h2>
<p>Every time a court decides a case it not only settles the issue in dispute but also invites other types of litigation. That happens because the court’s interpretation of the law in one case sends out signals about how it’s likely to interpret the law in the next. </p>
<p>A constitutional court, on this understanding, has the power either to play itself into the business of safeguarding democratic rights or play itself out. It plays itself in when it takes a decision that enhances its capacity to take further decisions protective of democracy. It plays itself out when its decision forecloses that possibility.</p>
<p>Judged by this more nuanced measure, South Africa’s Constitutional Court has performed remarkably well since 1995.</p>
<p>The major threat to South Africa’s democracy during this time has been the governing African National Congress’s entrenchment as a <a href="https://theconversation.com/south-africas-anc-has-remained-dominant-despite-shifts-in-support-base-63285">dominant political party</a>. Denied the sunlight of regularly rotating governments, South Africa’s democracy has developed certain well-known pathologies.</p>
<p>Faced with this situation, one approach the Constitutional Court might have taken would have been to decide cases according to its assessment of the threat posed by the ANC to South Africa’s democracy. But this approach would have undermined the special legitimacy the Court enjoys as a legally constrained actor, and exposed it to political attack. </p>
<p>Instead, what the Court has done has been to progressively expand the scope of its authority. In small, incremental steps, it has built public understanding of its legitimate power to review all aspects of the democratic process, from the quality of <a href="https://theconversation.com/south-africas-anc-has-remained-dominant-despite-shifts-in-support-base-63285">democracy within political parties</a> to the functioning of the legislature.</p>
<p>The best-known recent example of this was the Court’s ruling that the National Assembly’s failure to make rules regulating the removal of a President in terms of section 89(1) of the Constitution <a href="http://www.saflii.org/za/cases/ZACC/2017/47.html">violated that provision</a>.</p>
<p>The majority decision in this case provoked a forceful response from Chief Justice Mogoeng Mogoeng. He <a href="https://www.news24.com/SouthAfrica/News/mogoengs-deep-seated-agony-and-bafflement-over-majority-concourt-judgment-20171229">argued in dissent</a> that the Court’s insistence that an inquiry should always be held before impeachment violated the separation of powers.</p>
<p>Mogoeng’s dissent shows that the question of the appropriate scope of the Court’s authority is always legally fraught. But it also shows how creative the Court has been in pushing the limits of its authority to protect the democratic system.</p>
<h2>Oiling the wheels of democracy</h2>
<p>This, in conclusion, is arguably what constitutional courts established on the liberal-democratic model have to do. The current populist threat to democracy is not coming out of thin air. It exploits a sense, however unjustified, that liberal constitutionalism has failed a large section of the population.</p>
<p>To counteract this threat, constitutional judges need to demonstrate that they are not on the side of the status quo. Rather, their role is to support democratic social change, wherever that might lead. </p>
<p>Ultimately, this is what the Court’s recent judgment protecting the <a href="https://www.iol.co.za/news/politics/what-does-the-constitutional-court-judgment-on-peaceful-protests-mean-18190008">right to protest</a> was about. By protecting the applicants’ right to demonstrate, the Court oiled the wheels of democracy as the primary vehicle of peaceful social transformation.</p><img src="https://counter.theconversation.com/content/107443/count.gif" alt="The Conversation" width="1" height="1" />
<p class="fine-print"><em><span>Theunis Roux does not work for, consult, own shares in or receive funding from any company or organisation that would benefit from this article, and has disclosed no relevant affiliations beyond their academic appointment.</span></em></p>South Africa’s Constitutional Court has performed remarkably well in protecting democracy since 1995.Theunis Roux, Professor of Law, UNSW SydneyLicensed as Creative Commons – attribution, no derivatives.tag:theconversation.com,2011:article/907472018-02-22T23:23:41Z2018-02-22T23:23:41ZHow media framing limits public debate about oil exploration<figure><img src="https://images.theconversation.com/files/207185/original/file-20180220-116333-1kaezm.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=496&fit=clip" /><figcaption><span class="caption">Research found that media largely frame debate about oil and gas developments in New Zealand around how drilling should take place, rather than whether it should happen at all.</span> <span class="attribution"><a class="source" href="https://www.flickr.com/photos/garryknight/15125371507/in/photolist-p3ztZn-RDNKb6-pk6SU8-UnxRqy-kDeXmK-pPoXBQ-RY9MuZ-RocwU9-p3PeR6-9SVhon-7PgQ3g-7rsCdj-qTWvXT-pkjjLi-hB83LU-7rTFxV-RLUWTt-p35KnT-pkuyfc-qfVcN1-79hSuF-pvJuGL-pkampJ-rTuHBn-VBvsCu-V4XJ9s-J4tutS-vSQHjS-TWSgyy-pk7r3g-qVtta6-vCEB9n-Hu8vy8-qVtjh6-6wbDob-8iChsN-YREvxj-pk6TW8-aoW6Nt-q8F3Rb-rf22VS-Rocycu-vDJVyd-kYvicc-pdetq3-q6s3pG-q6rKts-kF6BUd-fPELx3-pmjPg8">Garry Knight/flickr</a>, <a class="license" href="http://creativecommons.org/licenses/by-nd/4.0/">CC BY-ND</a></span></figcaption></figure><p>Throughout the world, people are taking direct action to tackle environmental problems – from <a href="https://theconversation.com/how-standing-rock-became-a-site-of-pilgrimage-70016">Standing Rock</a> in the United States, to the <a href="https://theconversation.com/infographic-heres-exactly-what-adanis-carmichael-mine-means-for-queensland-87684">Carmichael coal mine</a> in Australia, to the community groups standing against oil and gas exploration in Aotearoa New Zealand. </p>
<p>Some of the most important societal changes have been made because of <a href="https://www.akpress.org/directactionebook.html">direct action</a>, but this isn’t always the story the mainstream media reports. </p>
<p>Our <a href="https://academic.oup.com/cdj/article-abstract/52/3/488/3926152?redirectedFrom=fulltext">research</a> has focused on the media framing of the debate surrounding oil and gas developments in Aotearoa New Zealand. </p>
<p>We found that it shifted discussions towards how drilling should take place, rather than whether it should happen at all.</p>
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<em>
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Read more:
<a href="https://theconversation.com/latest-twist-in-the-adani-saga-reveals-shortcomings-in-environmental-approvals-91821">Latest twist in the Adani saga reveals shortcomings in environmental approvals</a>
</strong>
</em>
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<h2>Framing avoids real debate</h2>
<p>We interviewed more than 50 people, including climate activists, representatives from non-government organisations and the oil and gas sector, and local government officers. We also analysed mainstream media coverage over a period of six years.</p>
<p>The <a href="https://academic.oup.com/cdj/article-abstract/52/3/488/3926152?redirectedFrom=fulltext">research shows</a> that mainstream media in Aotearoa New Zealand tended to present further fossil fuel development as something positive for the economy, and therefore society. Opponents have tended to be framed as irrational, few, and extremist.</p>
<p>For example, former prime minister John Key was quoted describing Greenpeace as “<a href="http://www.newshub.co.nz/nznews/key-dismisses-anadarko-protesters-as-rentacrowd-2013112605#axzz3ZVkYCVdo">rent-a-crowd</a>” or a 7,000-strong protest as a “few people wandering around the beach”. </p>
<p>One view that was commonly emphasised in reporting is that protesters are taking their democratic right to protest too far. This was illustrated in 2016, when the climate activist group 350.org organised direct actions throughout Aotearoa New Zealand, as part of a series of global <a href="https://breakfree2016.org/">Break Free</a> events. They targeted branches of ANZ bank to inform customers about its NZ$13 billion investment in the fossil fuel industry. </p>
<h2>A case study</h2>
<p>In 2016, in the small university town of Dunedin, around 200 climate activists blockaded three ANZ branches. Many customers delayed their banking or went somewhere else, but some were encouraged by police to use “<a href="https://academic.oup.com/cdj/article/52/3/488/3926152">reasonable force</a>” to climb over the protesters who were blocking the doors. </p>
<p>Until this point, mainstream media outlets had resisted negative framing of protesters, and had quoted activists at length in their reporting of the blockade. After police told bank customers to climb over the protesters, an <a href="https://www.stuff.co.nz/national/79969188/Elderly-woman-forced-to-walk-through-protesters-You-should-respectpeople">elderly woman tried to make her way into the bank</a>. Bank staff and activists encouraged her to use a side door, but <a href="https://academic.oup.com/cdj/article/52/3/488/3926152">police insisted</a> on her going through the blockade. </p>
<p>Reporting of the protests quickly changed and activists were <a href="https://www.odt.co.nz/news/dunedin/respect-call-after-protesters-bar-entry-video">portrayed as disrespectful</a> and taking the protest too far. Social media erupted, and <a href="http://350.org.nz">350 Aotearoa</a>’s Facebook page attracted more than 2,000 comments within a few hours, including threats of violence against the blockaders. </p>
<p>Even though a protester reported being kneed by police, police were <a href="https://academic.oup.com/cdj/article-abstract/52/3/488/3926152?redirectedFrom=fulltext">represented in the media</a> as having been balanced and compelled to act in this way. </p>
<p>One of the activists later <a href="https://fossilfoolsnz.wordpress.com/2016/05/16/anz-blockade-and-backlash/">wrote</a>:</p>
<blockquote>
<p>In the media coverage, the burden of responsibility for that [elderly] woman’s distress was placed solely with us. The coverage successfully removed responsibility from ANZ and the police, who worked together to create that scenario.</p>
</blockquote>
<p>The narrative that emerged pitched decent citizens against “unemployable”, “disrespectful” protesters, with the police as benign supporters of decency and the bank as an apolitical service provider. Broader debates about climate justice and corporate responsibility were not heard in these media reports. </p>
<h2>Media coverage limits public debate</h2>
<p>Such media reporting about oil and gas exploration and drilling focuses on how fossil fuel extraction should take place, rather than whether it should happen at all. For example, the idea that Aotearoa New Zealand has the highest environmental standards in the world when it comes to exploration and extraction was often reported. In these <a href="http://www.stuff.co.nz/business/industries/9182390/Oil-search-steps-up-as-sector-fights-misconceptions">reports</a>, climate activists were portrayed as ignorant about the risks. </p>
<p>Discussions about the ethics of further fossil fuel extraction in a rapidly changing climate were lost – at a time when we need to be debating how we might change our economy and society to avoid the worst of climate change. </p>
<p>Climate change does raise ethical dilemmas and climate justice activists are trying to get us to think about them. As one of the people involved in the ANZ blockade in Dunedin said:</p>
<blockquote>
<p>People couldn’t quite register the fact that there’s a vast difference between us making the day of a couple of people a bit more inconvenient, versus climate change killing people, and making people lose their homes. That’s considerably more inconvenient than not being able to get into a bank for the day when there’s another one just down the road.</p>
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<p>The new government in Aotearoa New Zealand has sent some positive signals about taking climate change seriously. Consultation on a <a href="http://www.nzherald.co.nz/nz/news/article.cfm?c_id=1&objectid=11961862">zero carbon act</a> will begin later this year. In-depth media coverage that engages a broad range of people including activists, and <a href="https://www.newsroom.co.nz/@future-learning/2018/02/07/81736/a-new-nuclear-free-moment-first-things-first">pro-democracy reforms</a>, will be essential to developing good debate and the best possible response to climate change. </p>
<p>Media portrayals of environmental activists as hopelessly idealistic, irrational hippies are nothing new. But when mainstream media continues to repeat these ideas, and frames the status quo as common sense, the public is denied opportunities for genuine debate about solutions to tricky environmental problems.</p><img src="https://counter.theconversation.com/content/90747/count.gif" alt="The Conversation" width="1" height="1" />
<p class="fine-print"><em><span>Sophie Bond is affiliated with Economic and Social Research Aotearoa. </span></em></p><p class="fine-print"><em><span>Amanda Thomas is affiliated with Economic and Social Research Aotearoa and is involved in planning direct action related to climate justice. </span></em></p><p class="fine-print"><em><span>Gradon Diprose does not work for, consult, own shares in or receive funding from any company or organisation that would benefit from this article, and has disclosed no relevant affiliations beyond their academic appointment.</span></em></p>Researchers find that mainstream media in New Zealand tend to present fossil fuel development as positive for the economy, while framing opponents as irrational and extremist.Sophie Bond, Senior lecturer in geography, University of OtagoAmanda Thomas, Lecturer in Environmental Studies, Te Herenga Waka — Victoria University of WellingtonGradon Diprose, Senior Researcher, Environmental Social Science, Manaaki Whenua - Landcare ResearchLicensed as Creative Commons – attribution, no derivatives.