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.
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