16 Jun 2023 | Brazil, News and features, United Kingdom
The temperature is rising, and not just for former British Prime Minister Boris Johnson. The heat has increased in the UK in more literal ways, leading the National Grid to fire up a coal power plant to create enough energy to power all our air-con units. The irony of this is lost on no-one, particularly environmental campaigners.
No, we haven’t gone off on an environmental tangent. There are plenty of free speech issues stemming from the climate crisis, as we have reported many times in the past. Yesterday morning some of the very people who are protesting dirty energy were dealt another blow. After Home Secretary Suella Braverman gave further clarification that “serious disruption” included slow walking protests that block roads, the amendments to the Public Order Act, which further lowers the “serious disruption” threshold, came into effect. The Home Office said: “While the right to peaceful protest remains a cornerstone of our democracy, causing traffic to halt, delaying people getting to work and distracting the police from fighting crime will not be tolerated.”
Disruptive environmental groups have been targeted in government legislation before (à la the Public Order Bill policy paper’s specific reference to Extinction Rebellion), and this latest example is no different. Braverman said: “The public are sick of Just Stop Oil’s selfish and self-defeating actions, which achieve nothing towards their cause.”
Human rights barrister Adam Wagner, commissioned by Friends of the Earth, gave his legal opinion on the matter, highlighting “serious implications for the right to freedom of speech and protest”. He said there will be a chilling effect on people who want to attend protests, “because people who are deciding whether to organise or attend a protest would not be able to predict with sufficient certainty whether the police are likely to impose conditions”. Human rights group Liberty, meanwhile, is launching a legal action over the legislation, which they describe as being “brought in by the back door”.
Groups like Just Stop Oil do indeed divide opinion. But they cannot be used as an excuse to further erode public assembly and protest rights. Imagine a future controlled by the very worst of governments — now imagine how they could use this law.
Last week also was the anniversary of the deaths of British journalist Dom Phillips and Indigenous expert Bruno Pereira, who were killed while reporting in Brazil’s Javari Valley in the Amazon last year. There were memorials across the world. At an event at Rich Mix in London, people not only remembered their lives, they also shone a light on the threats that Indigenous people continue to face in the Javari Valley, as they stand in defence of the rainforest.
Back in autumn 2021 our special report examined the silencing of the planet’s Indigenous peoples. We reported on how environmental defenders in Ecuador were criminalised, threatened and attacked and Australia’s history of selective listening when it comes to First Nations voices. Indigenous communities are just as at risk now as they were then — and as they have been for centuries.
As the mercury levels keep going up globally and defenders of the planet keep raising their voices, we have not forgotten about the threats they face, and the importance of their voices being heard.
14 Dec 2022 | Australia, News and features, The climate crisis
Ever since environmental activist Deanna “Violet” Coco was handed down a 15-month sentence earlier in December, protesters in New South Wales (NSW), Australia, have rallied in solidarity and to voice their dismay. On Tuesday this week, Coco walked free from prison. The temporary reprieve came as her bail appeal was approved, while she awaits an appeal on her sentence.
In April, Coco and a handful of other protesters from Fireproof/|Floodproof Australia blocked one lane of traffic on Sydney Harbour Bridge, holding aloft a flare to signal the climate emergency. Her sentence is the first of its kind under new laws in New South Wales.
For Suelette Dreyfus, executive director at Australia-based organisation Blueprint for Free Speech, Coco’s recent release must not divert attention from the serious penalties being given to environmental protesters, and the impact on freedom of expression.
“New South Wales has been targeting environmental protesters in the past year especially,” Dreyfus said. “That includes a Conservative state government and a streak in the media that is quite anti-environmentalist.”
She describes the penalties environmental activists typically faced in the past compared to today. What could once have been a fine for a few hundred Australian dollars, has become the threat of a lengthy prison sentence. This comes after NSW introduced the Roads and Crimes Legislation Amendment Act 2022 in April, meaning protesters could be fined up to AU$22,000 or be imprisoned for up to two years for trespassing on a major road and causing damage or disruption, or for damaging or disrupting a major facility.
Alongside this, a new police unit was created to disrupt environmental protest, called Strike Force Guard.
Dreyfus called this “an extreme power that’s been given to both police and the judiciary, to silence environmental protesters”.
When Coco’s sentence was handed down, NSW premier Dominic Perrottet described it as “pleasing to see”.
“It seems to be a strange thing to want to put a peaceful young woman exercising her right to freedom of expression in prison for two years, and feel self-satisfied about it,” Dreyfus told Index.
Coco is not alone in facing the sharp end of NSW’s new laws. In April, fellow Fireproof Australia activist Andrew George interrupted a National Rugby League match by running onto the pitch with a flare, and was handed down a three-month jail sentence, which he later appealed and won. In September, Blockade Australia activist Mali Cooper was cleared of charges against them, after they blocked the Sydney Harbour Tunnel in an attempt to force systemic change after witnessing the Lismore floods. They had faced the threat of two years in prison and $22,000 in fines.
Dreyfus referred to this landscape for environmental protest as a New South Wales phenomenon, but she said there is evidence that it’s leaching to other states. Victoria and Tasmania introduced similar laws this year.
“I think that the New South Wales government is actually weaponising the law against environmental protest in that state by going for the most serious charges they think they can, rather than charges that are commensurate with the very often very minor disruption that the protesters may cause,” Dreyfus said.
“We’re not talking about people who have burned down the Sydney Opera House here. We’re talking about people who have marched peacefully, and may have marched some bit of time in the road,” she said. “It’s really a minor offence, and it’s being treated like a major offence. So, it’s definitely chilling freedom of expression. It’s not a spring chill. It’s a full-on disturbing kind of winter hail.”
She said people are not attending ordinary protests in the same way as before, referring to demonstrations of around 100 people marching along a road, where some might step off the pavement and disrupt traffic. Coco’s sentencing, she said, has dampened participation.
However, she does not believe people will be silenced in this harsh landscape: “Most protesters of that nature are resourceful. So they will find another way to express what they think is important.”
The unintended consequence of the way NSW is dealing with this issue, she said, is that they are ultimately giving a bigger microphone to the protesters. Where before, disruptive protests were encouraging people to talk about environmental issues, now people are talking about environmental issues, freedom of expression and law reform. She calls that a killer combination for positive change.
“It will be up to the civil society community to make the most of that,” she said. “That’s something that they have to decide how they’re going to embrace.”
16 Jun 2022 | Brazil, Opinion, Ruth's blog, United Kingdom
A vigil held for Dom Phillips and Bruno Araujo Pereira. Photo: Victoria Jones/PA Wire/PA Images
On Friday 16 June 2016, my beautiful and kind former colleague Jo Cox was murdered for no reason other than she was doing her duty, representing the people of Batley and Spen as a Member of the British Parliament to the best of her ability. Jo was a democrat, a wife, a mother, a daughter, and a friend to lots of us.
When we lost her, the foundations of our democracy were shaken but her legacy cannot and must never be defined by the heart-breaking and evil events of 16 June. Her family will not allow it, and neither must we.
Having said that I woke up this morning feeling a little sick and very sad. I’m honestly not sure that this day will ever be easy for those people that knew and loved Jo, but as I had my morning cuppa and listened to the news, every story reminded me not of her murder but of how angry she would have been about each news item and how determined and driven she would have been to make a difference. Because that’s who she actually was.
Jo’s legacy is not her murder but her love. It’s not the hate-filled extremist that stole her from us, it’s her determination to leave the world in a better place than she found it. It’s not the silence she left behind but rather the laughter and words she gave us. Which drive so many of us today.
That’s her legacy, which has been embraced by her family and institutionalised by the Jo Cox Foundation. And today as we remember Jo, we cannot forget the instructions she gave us to make the world better.
Which brings me to two more families who are in mourning today – those of Dom Phillips and Bruno Pereira.
Once again two people have seemingly been killed for refusing to be silenced. For refusing to take the easy route. For standing up for those people whose voices aren’t as loud.
Dom Phillips was a brave and inspirational journalist, determined to not only tell the stories of indigenous people affected by climate change but to offer solutions for how we could help save the Amazon. His death in the Brazilian rainforest must not be allowed to define his life or his legacy. He is so much more than the people who have silenced him.
But today my thoughts and prayers are with those who are struggling with their grief – as they seek to make sense of these horrors.
The only words I can give are those of Jo. She left us with one core premise – we have more in common with each other than the things that divide us. Whether that’s across the political aisle, or in every one of our communities, this basic fact of our collectively humanity is something that we must hold onto.
6 Jan 2022 | Events
In a recent interview with the Guardian, the president of COP26 Alok Sharma expressed concern that the agreements made at the Glasgow summit will end up as “a bunch of meaningless promises”. Two months on from the summit, it is timely to take stock and reflect on the road ahead. What are the key takeaways from the discussions in Glasgow? Who got to speak, and who did not? How can we keep up the momentum from COP26 to ensure positive and inclusive outcomes?
Focusing on the voices of indigenous peoples as a starting point, this event invites activists, experts and legal professionals to review COP26 and reflect on the future of climate action. The conversation will be chaired by Index on Censorship’s CEO Ruth Smeeth and features Darren Jones MP, Kate Gibbons, and Roger Leese with contributions from indigenous activists.
About the speakers:
Darren Jones MP
Darren Jones is the Labour Member of Parliament for Bristol North West and the Chair of the House of Commons Business, Energy and Industrial Strategy Committee. He sits as a member of the Joint Committee on the National Security Strategy and the Liaison Committee, which scrutinises the work of the Prime Minister. As Chair of the Business, Energy and Industrial Strategy Committee, Darren also scrutinises the Government’s delivery of COP26, the use of its national security and investment powers and monitors regulatory reform across the whole of Government.
Kate Gibbons
Global Knowledge Partner and Finance and Capital Markets Partner, Clifford Chance
Kate Gibbons is Clifford Chance’s Global Knowledge partner as well as being a Finance and Capital Markets partner from which she leads the Practice’s Knowledge function. In these capacities she chairs the Firm’s Knowledge Committee and Thought Leadership Board and is a member of its London and Global Legal Opinion Committees, the Global ESG Board and the London Graduate Recruitment Partner Committee. She is a member and director of the Financial Markets Law Committee, considers issues of security reform and legal opinions for the City of London Law Society, is a distinguished practitioner of Harris Manchester College Oxford and a member of the Chatham House Council.
Roger Leese
Litigation & Dispute Resolution Partner, co-head of Business & Human Rights practice and member of the ESG Risk Leadership Group, Clifford Chance
Roger is a Partner in the firm’s Litigation & Dispute Resolution practice, co-head of the firm’s Business & Human Rights practice and a member of the ESG Risk Leadership Group. Roger advises on a range of ESG-related issues, including the development of policy, due diligence (particularly in the context of M&A), training and shareholder/NGO activism. Roger advises clients across a range of sectors, notably financial institutions and Private Equity. Roger is also a member of the firm’s ESG Board, which co-ordinates the firm’s work for clients in this space. Roger is also a member pf the firm’s Responsible Business Board. In that context Roger has Global responsibility for the Firm’s pro bono and community work and also for delivering on the Firm’s Net Zero 2030 commitment. Roger is the Chair of the UK legal charity, Advocates for International Development (A4ID). During his time as Chair, Roger has encouraged A4ID’s focus on business and human rights, alongside the Sustainable Development Goals
Ruth Smeeth
CEO, Index on Censorship
Ruth Smeeth is the CEO of Index on Censorship. Ruth was a British Labour Party politician and a Member of Parliament from 2015 until 2019 representing the Potteries. Prior to that she was deputy director of anti-racist organisation, HOPE not hate. Ruth is a passionate campaigner and is usually found with a cup of tea in hand (mug made in Stoke-on-Trent obviously).
When: 18.00-19.00, Monday 17 January 2022
Index on Censorship, Clifford Chance
