Rich countries cracking down on climate protests while advocating for rights abroad, new study says

US, UK, Germany violating their legal obligations, study by Climate Rights International says

Rich democratic countries like the United Kingdom and United States are increasingly using harsh, sweeping criminal laws against climate protesters, contradicting their global stance on human rights, a new report has found.

The report, published on Monday by Climate Rights International, documents the growing repression faced by climate activists in Australia, Germany, France, the Netherlands, New Zealand, Sweden, the UK, and the US.

It says these countries are violating their legal obligations to safeguard the freedoms of expression, assembly, and association. And while these democracies claim to champion human rights internationally, their domestic policies increasingly target peaceful climate activism.

“You don’t have to agree with the tactics of climate activists to understand the importance of defending their rights to protest and to free speech,” Brad Adams, executive director at Climate Rights International, said.

“Instead of jailing climate protesters and undermining civil liberties, governments should heed their call to take urgent action to address the climate crisis.”

The UK, for example, is handing down unprecedented prison sentences to non-violent protesters such as Roger Hallam, the founder of Just Stop Oil, who was recently given a five-year term for blocking a motorway.

A protester in Germany similarly received a 22-month sentence for participating in a sit-in blockade.

In Australia, the law allows up to two years in prison for blocking a bridge, with Deanna “Violet” Coco receiving a significant sentence under this provision.

The Netherlands has seen arrests before protests even occurred, while in the US, activists like Joanna Smith are facing hefty fines and up to five years of prison time for defacing Degas exhibit at the National Gallery of Art.

The report criticises these punitive measures as a stark contradiction to the democratic values these nations espouse.

“July 2024 was the 14th consecutive month to break heat records, highlighting the urgency of climate action,” Mr Adams noted.

“Instead of focusing on curbing climate action, governments should address the climate crisis directly.”

The report notes that these countries are increasingly prohibiting discussions about the motivations behind the protests, undermining the right to fair trial. For example, in the UK, climate protesters have been barred from explaining their motivations in court.

It calls for protecting the right to peaceful protest, implementing measures to support safe and responsible protests, repealing or amending laws targeting peaceful protesters, and allowing climate motivations to be considered in legal proceedings.

“Governments should view climate activists as allies in the fight against climate change, not as criminals,” Mr Adams said.

“The crackdown on peaceful protests not only violates basic rights but also emboldens repressive governments to target climate and human rights defenders globally.”

The question of harsh sentences given to climate protesters has generated a mixed response from the public.

In recent months, Just Stop Oil has received widespread criticism with protests at Stonehenge and Stansted airport as well as for cutting through security fences to access an airfield at which they believed Taylor Swift’s private jet was parked.

A UK court recently heard the case of five Just Stop Oil activists who were reportedly in a group that climbed gantries over a motorway in November 2022, forcing police to stop the traffic and causing a gridlock.

In his sentencing remarks in July, judge Christopher Hehir said that the protesters had “crossed the line from concerned campaigner to fanatic”, giving one of them a five-year sentence and the rest four years each in jail.

In a conversation with The Independent this week, Green Party co-leader Adrian Ramsay also questioned the lengths of the jail sentences handed to the protesters.

“I think I’ve seen examples of the government being heavy-handed and not being consistent in how different types of sentences are doled out,” he told The Independent.

“And I don’t think anyone could really genuinely say that a peaceful protest should get a heavier sentence than someone who’s a rapist.”

The Independent will be revealing its Climate100 List in September and hosting an event in New York, which can be attended online.