Civil liberties

Drawing on more than a year of information gathering, this position paper presents a snapshot of the repression and criminalization of peaceful environmental protest and civil disobedience observed by the Special Rapporteur in European countries that are Parties to the Aarhus Convention. It explains why the Special Rapporteur considers this repression and criminalization to constitute a major threat to democracy, human rights, the civic space, and to the exercise of the rights guaranteed under the Aarhus Convention, and therefore why he has made this issue a priority topic under his mandate. It sets out why the Special Rapporteur considers a profound change in how States respond to environmental protest to be urgently required and features five calls for action to States on how to do so. It also urges the human rights community to coordinate their efforts to support this call for action.

The criminalisation and repression of climate and environmental protest is problematic for at least two main reasons. First, it focuses state policy on punishing dissent against inaction on climate and environmental change instead of taking adequate action on these issues. In criminalising and repressing climate and environmental activists, states depoliticise them. Second, they represent authoritarian moves that are not consistent with the ideals of vibrant civil societies in liberal democracies.

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Governments, legislatures, courts and police forces should operate with a general presumption against criminalising climate and environmental protests. Instead, climate and environmental protest should be regarded as a reasonable response to the urgent and existential nature of the climate crisis, and activists engaged as stakeholders in a process of just transition.

A new study was released in recent days that should have been newsworthy, but it escaped the media's attention in Australia.

It showed Australian police are world leaders at arresting climate and environmental protesters.

According to the study, more than 20 per cent of all climate and environment protests in Australia involve arrests, which is more than three times the global average (6.3 per cent).

Australia's arrest rate was the highest of 14 countries in the global study.

It's higher than policing efforts in the United Kingdom (17.2 per cent), Norway (14.5 per cent), and the United States (10 per cent).

The research makes it clear that Australia's political leaders have joined the "rapid escalation" of efforts to criminalise and repress climate and environmental protest, while sovereign states globally fail to meet their international agreements and emissions targets.

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When you read the Bristol University study alongside the special rapporteur's position paper and the EDO paper, you get a pretty good sense of how the clampdown on climate and environmental activism actually works, and why it's occurring.

Collectively, the reports discuss an issue that links political donations and pressure from fossil fuel companies, governments writing new laws and harsher penalties for climate and environmental activists, federal and state policing agencies being put to work to enforce the new laws, and legal systems and courts being used to bed them down.

And hanging over the entire political problem is the question of the "pricing mechanism" and the role it plays in a society like ours.

When you look at this issue dispassionately, you'll see that we're witnessing a nasty global battle over the attempt to have the negative externalities of fossil fuels properly reflected in the market prices of the products of fossil fuel companies.

This centrist Democratic strategy fits into a larger, longer-term, bipartisan alliance that views protesters as the enemy, and their tactics as a threat to the fundamental interests of our militarized, fossil-fuel-dependent society.

The repressive bipartisan playbook is partly rooted in the 2001 Patriot Act, rushed through and passed overwhelmingly on the wave of fear following the 9/11 attacks on the World Trade Center and the Pentagon. The law led to increased racial profiling, sweeps of millions of private phone records, and a vast expansion of the government’s ability to spy on ordinary citizens. Simultaneously, decommissioned military hardware from the wars in Iraq and Afghanistan flowed to local police and sheriff’s departments, allowing them to deploy bayonets, riot shields, grenade launchers, sound cannons, sniper scopes, detonator robots, and tank-like Mine-Resistant Ambush Protected trucks known as MRAPs. (Some of this equipment was restricted under President Obama, then allowed again under Trump.) Hence local police and sheriff’s offices, moving in military-like formation in places like Ferguson (after the police killing of Michael Brown), Minneapolis (after the murder of George Floyd), and the Standing Rock Sioux reservation during the Dakota Access Pipeline protests, confronted unarmed citizens as if they were Middle East insurgents. In other words, like the enemy.

Last month, the Secretary of State for Levelling Up, Housing and Communities, Michael Gove MP, announced a new and expanded definition of extremism as part of the Government’s Counter Terrorism Strategy. 

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Extremism is now defined as: “the promotion or advancement of an ideology based on violence, hatred or intolerance, that aims to:

1. Negate or destroy the fundamental rights and freedoms of others; or
2. Undermine, overturn or replace the UK’s system of liberal parliamentary democracy and democratic rights; or
3. Intentionally create a permissive environment for others to achieve the results in (1) or (2).”

While to some this may seem like a reasonable measure to protect against threats to democracy, the imprecise language leaves too much room for interpretation and potential misuse. The third of these – aiming to “intentionally create a permissive environment for others” is especially subjective and problematic: merely stating that legitimate grievances or drivers of extremism need to be tackled could be interpreted as falling within this definition.

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The new guidance is non-statutory, meaning it will not be enshrined in law and will only affect parliamentarians and civil servants who will no longer be allowed to engage with groups that supposedly meet the new definition. The government’s independent reviewer of state threat legislation, Jonathan Hall KC, has warned that this defines people as extremists by “ministerial decree”.

It is important to ask why the government have renewed their focus on extremism since 7 October, without proposing legislative changes and therefore denying parliamentary scrutiny. This may be because a previous attempt to redefine extremism by the Cameron government, failed to find a “legally robust” definition. However, regardless of how the new definition of extremism is applied, there will, no doubt, be a wider chilling effect on free speech.

First to the lectern was Mike Burgess, director general of the Australian Security and Intelligence Organisation, who opened by saying “The internet is a transformative information source… and the world’s most potent incubator of extremism.”

As he outlined an argument that a dynamic tension exists between security and technology, Burgess added “encryption protects our privacy and enables our economy…and creates safe spaces for violent extremists to operate, network and recruit.”

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“But even when the warrant allows us to lawfully intercept an encrypted communication, we cannot actually read it without the assistance of the company that owns and operates the app,” he said. “The company has to be willing and able to give effect to our warrant.”

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ASIO boss Burgess also discussed AI, a technology he said is “ equal parts hype, opportunity, and threat”

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“Finding a critical piece of intelligence is less like looking for a needle in a haystack than looking for a needle in a field of haystacks,” he said. “AI makes that process easier and faster; it can identify worrying patterns and relationships in minutes and hours rather than weeks and months.”

But only if the data it’s working on isn’t encrypted.

There's the sleight of hand; start out talking about executing warrants, and while people are nodding, slip ever-so-gradually into advocating for carte blanche to conduct limitless, methodologically dubious, extrajudicial fishing expeditions.

I have written for years (FAIR.org, 10/23/20, 11/17/21, 3/25/22), as have many others, that Republican complaints about “cancel culture” on campus suppressing free speech are exaggerated. One of the biggest hypocrisies is that so-called free-speech conservatives claim that campus activists are silencing conservatives, but have little to say about blatant censorship and political firings when it comes to Palestine.

This isn’t a mere moral inconsistency. This is the anti-woke agenda at work: When criticism of the right is deemed to be the major threat to free speech, it’s a short step to enlisting the state to “protect” free speech by silencing the critics—in this case, dissenters against US support for Israeli militarism.

But this isn’t just about Palestine; crackdowns against pro-Palestine protests are part of a broader war against discourse and thought. The right has already paved the way for assaults on educational freedom with bans aimed at Critical Race Theory adopted in 29 states.

If the state can now stifle and punish speech against the murder of civilians in Gaza, what’s next? With another congressional committee investigating so-called infiltration by China’s Communist Party, will Chinese political scholars be targeted next (Reuters, 2/28/24)? With state laws against environmental protests proliferating (Sierra, 9/17/23), will there be a new McCarthyism against climate scientists? (Author Will Potter raised the alarm about a “green scare” more than a decade ago—People’s World, 9/26/11; CounterSpin, 2/1/13.)

As Michael Gove launched his preposterous and dangerous new extremism definition, some of the groups he targeted have hit back – calling it a “deep dive into authoritarianism” and laying cover for the government “aiding and abetting” Israel’s genocide in Gaza.

The lives of detainees in Australia’s immigration detention centres are controlled by a secret rating system that is opaque and often riddled with errors, a Guardian investigation has found.

Developed by Serco, the company tasked with running Australia’s immigration detention network, the Security Risk Assessment Tool – or SRAT – is meant to determine whether someone is low, medium, high or extreme risk for factors such as escape or violence.

Detainees are also rated for an overall placement and escort risk – which may determine how they are treated while being transported, such as whether they are placed in handcuffs and where they stay inside a detention centre – but aren’t given the opportunity to challenge their rating, and typically are not even told it exists.

Immigration insiders, advocates and former detainees have told Guardian Australia the SRAT and similar algorithmic tools used in Australia’s immigration system are “abusive” and “unscientific”. Multiple government reports have found that assessments can be littered with inaccuracies – with devastating consequences.

Ministers and civil servants will be banned from talking to or funding organisations that undermine “the UK’s system of liberal parliamentary democracy”, under a new definition of extremism criticised by the government’s terror watchdog and Muslim community groups.

Michael Gove, the communities secretary, will tell MPs on Thursday that officials should consider whether a group maintains “public confidence in government” before working with it.

Groups that will be effectively cancelled by ministers for falling foul of the new definition will be named in the coming weeks, government sources said.

There will be no appeals process if a group is labelled as extremist, it is understood, and groups will instead be expected to challenge a ministerial decision in the courts.