The Hypocrisy of Wealthy Countries – How Climate Protests Are Silenced

On Thin Ice – is the title of a report prepared by the organization Climate Rights International (CRI), focused on the disproportionate reactions of democratic governments to climate protests. Among the accused are the United States, the United Kingdom, France, and Germany – wealthy countries that, on one hand, condemn human rights violations in dictatorial regimes, but on the other, drastically crack down on their own eco-activists. The CRI report cites specific examples of repression and legal restrictions aimed at silencing inconvenient voices of criticism.

Prison sentences for climate protests

According to CRI representatives, the main problem is the disproportionate responses of government institutions and the police to peaceful acts of civil disobedience. No one denies that deliberate lawbreaking should be punished, but the severity of penalties imposed on activists advocating against climate change raises concerns.

In 2023, Stephen Gingell was sentenced to six months in prison for participating in a climate protest, which involved half an hour of walking on one of London’s streets. Charges were also brought against more than 120 other demonstrators. The basis was a newly enacted law prohibiting interference with key national infrastructure.

A year earlier, Morgan Trowland was sentenced to three years in prison after climbing the Queen Elizabeth II bridge with a companion and remaining there for 36 hours. This was the highest sentence ever handed down for a peaceful climate protest in British history. Prime Minister Rishi Sunak supported the court’s decision, stating that protesters selfishly disrupt the lives of the working majority.

There were many other similar cases of penalties deemed disproportionate to the crime by CRI, not only in the United Kingdom but also in Germany, Australia, and the United States. Prison sentences for climate protests ranged from 15 months to as much as 8 years. The latter case involved the destruction of equipment used to build an oil pipeline in the U.S. state of Dakota. Even subtler forms of protest, such as temporary or permanent damage to works of art, were punished with disproportionately high fines.

Brutal tactics and draconian laws against protesters

The CRI report also highlights reports of preventive arrests carried out under the alleged pretext of maintaining public order. According to the authors, these actions contradict fundamental human rights. Equally problematic are the complete bans on demonstrations issued by local authorities and attempts to outlaw organizations of climate activists.

The police are accused of using overly aggressive tactics in cases of mass demonstrations. Climate protests in The Hague in 2023 were dispersed with water cannons, while in Germany, officers regularly use painful holds targeting sensitive body parts. Not only protesters but also journalists and neutral observers have been victims of repression.

According to CRI, the key issue is new laws being implemented to restrict the right to protest, especially regarding climate issues. Governments of individual countries try to justify themselves by citing the need to maintain public order, protect economic interests, or the law.

In the United Kingdom, for instance, in 2022 and 2023, several laws were passed limiting the right to organize protests and expanding police powers to suppress them. Criminal liability for protesters was also increased, as were prison sentence limits. In particular, the use of national infrastructure in ways other than its intended purpose was banned, opening the door to punishing even the smallest disturbances in cities.

In Australia, too, in 2018, laws concerning demonstrations related to critical infrastructure were tightened. Disrupting pedestrian or vehicle traffic on major bridges or tunnels became a criminal offense. In Victoria, prison sentences of up to 12 months and financial penalties exceeding 20,000 Australian dollars were introduced for obstructing logging.

In the German region of Bavaria, controversial legislation was introduced allowing for preventive detention for 1 day, with the possibility of extension to 30 days – since 2022, over 80 activists have been detained for this reason. At the same time, to stifle climate protests in their infancy, the police were given easier access to intercept correspondence and use drones.

Similarly, in 45 U.S. states, laws have been created to make protesting more difficult. In Texas, the mere intention of damaging infrastructure is treated as a crime, and financial fines can reach up to 500,000 dollars. In South Dakota, you can be jailed for a year for obstructing traffic, and the same punishment in Tennessee is provided for “inconvenient” climate protests.

Climate change requires action, CRI argues

The CRI report reminds us that democratic developed countries often express loud and open opposition to authoritarian regimes that deny their own citizens the right to assemble and express their opinions. In 2023/2024 alone, the United States and the United Kingdom officially advocated peaceful protest actions as a key element of political life.

Meanwhile, they view climate protests in their own backyard as an assault on security and public order. These double standards are all the more surprising since, in CRI’s view, climate change is the greatest threat to society, the economy, and the environment. Participation in climate protests, because of the gravity of the problem, should be treated by the judiciary as a mitigating circumstance, not an argument that exacerbates the sentence.

Evidence showing the motivation of protesters is too often ignored by the courts. And these include. a lack of alternative solutions or a sense of need to raise public awareness of a particular problem. CRI lawyers also point out that in many cases, the line of defense can invoke the argument of trying to prevent catastrophic consequences of specific government or industrial actions, such as leading to an environmental disaster. This scenario should be treated as an exculpatory circumstance.

Appeal to democratic governments

The CRI report concludes with very specific recommendations aimed at democratic governments actively and overzealously silencing climate protests. The authors point out that every year the effects of climate change have a devastating impact on the human rights and well-being of today’s and future generations. In this context, peaceful demonstrations and civil disobedience are among the most important tools for forcing change on governments and holding individual corporations accountable.

CRI suggests that democratic national and regional governments:

• support and protect peaceful climate protests, making the public aware of their importance;
• implement proactive solutions to facilitate peaceful demonstrations in a safe and responsible manner;
• analyze and reform laws restricting the right to protest in line with international standards;
• ensure that police responding to climate protests are properly trained;
• ensure the protesters’ right to a fair trial with the opportunity to present their motives.

According to the report’s authors, the dramatic increase in climate protests is evidence of growing public frustration. Open dialogue and inviting citizens to participate in decisions on climate action is a key step toward a better and less turbulent future.