The hypocrisy of how Western democracies respond to protest

On Monday 16 September, the United States imposed financial sanctions and visa restrictions on Georgians who they believed to be involved with violent crackdowns on peaceful protests that had occurred in the country’s capital Tbilisi in the spring. The protests were sparked in resistance to the passing of a “foreign agents law”, which shares similarities with an existing law in Russia – raising concerns that the Georgian government is aligning more closely with the Kremlin.

These demonstrations were led by young adults. University students organised and turned out in their thousands, and the majority of protesters on the streets were members of Gen Z. It is commonplace for young people to be vocal about what they believe in, but despite the US supporting the struggle of the youth against their government in Georgia, when it comes to home soil, their commitment to free speech isn’t so steadfast. The US drew condemnation from UN human rights experts regarding the aggressive and harsh measures used by authorities against pro-Palestine protesters on US university campuses – many peaceful demonstrations were met with surveillance and arrests across the country. Further measures are being taken to prevent protests ahead of the 2024/25 academic year, and these have been met with disdain from the American Association of University Professors in a statement made last month.

The USA is far from alone when it comes to recent crackdowns on the right to protest. As Index has previously covered, there have been multiple arrests at both climate protests and pro-Palestine protests in the UK in recent years, and the Conservative government led by Rishi Sunak introduced the much criticised Policing, Crime, Sentencing and Courts Act 2022, the Public Order Act 2023, and Serious Disruption Prevention Orders, all of which significantly inhibit people’s right to protest. This crushing of demonstrations even breached the realms of legality when Suella Braverman was ruled to have passed unlawful anti-protest legislation in 2023. In recent times, the sheer scale of punishment for non-violent protesters in the UK has been brought into the public eye with the sentencing in July of Roger Hallam of Just Stop Oil (JSO) to five years imprisonment, and four other JSO members to four years, for coordinating protests on the M25.

Lotte Leicht, a Danish human rights lawyer who holds the position of advocacy director at Climate Rights International – a monitoring and advocacy organisation that recently put out a statement outlining hypocrisy from western governments regarding climate protests – spoke to Index on this issue, and she believes that the UK is the worst offender.

“The crackdown, and particularly the use of law to sentence non-violent disruption by climate protesters in the UK has stood out as the most severe and most extraordinary measure [from any country]. And one thing that’s very disappointing from our point of view is not to see the new Labour government tackling these draconian laws from the previous government, and taking steps to revoke them,” Leicht said.

She added: “The prevention of UK activists from explaining their motivations for their actions in court, and judges actually preventing them from doing so… As a lawyer, I would say this prevents people from having a fair trial.”

This crackdown on protests has become prevalent in many democracies within ‘the Global North’ in recent years, and examples are not hard to come by. On 11 September, thousands of anti-war protesters in Melbourne, Australia gathered outside a weapons expo, protesting the government’s stance on arms, and the use of such weapons in Gaza. The protests quickly became the subject of great scrutiny when there were violent clashes between Melbourne police and demonstrators, with police allegedly using excessive “riot-type” force, resulting in multiple injuries.

In Germany, pro-Palestine protests have also repeatedly been met with harsh measures, such as bans. The country’s history of anti-Semitism has impacted its attitude towards protests and events that are critical of Israel, causing police to be more heavy handed than in other democracies.

Leicht, who is also the council chairwoman at the European Center for Constitutional and Human Rights (ECCHR), a nonprofit dedicated to enforcing civil and human rights globally, told Index that this increasing anti-protest action from western democracies sets a very worrying precedent.

“This represents a massive deployment of double standards. Because these are the same governments that rightfully stand up for freedom of expression, association and assembly in different corners of the world when authoritarian governments are cracking down horrifically on dissent in their countries,” she said.

“These countries are usually there to say ‘Oh, that’s not good’, and we want them to do that! But by not practising what they preach and undermining these principles at home, they will lose that credibility. In a way, they will provide a green light to authoritarian governments to do the exact same for those that they don’t like. I mean, why not?”

Leicht does, however, believe that a continued struggle against these litigations will not be in vain.

“Protests in the past have also been disruptive, annoying and irritating for those in power — look at the Suffragettes. Now, is that something that we today would say ‘That’s just annoying and irritating’? Many felt so at the time. They were disruptive, they were irritating, they were strong, they were principled – and they were successful. And I think history will tell the same story about courageous climate protesters,” she said.

It is clear that countries positioning themselves as “champions of democracy” must truly allow freedom of expression within their own borders, especially when they set the tone globally. If they continue to infringe upon the rights of people to demonstrate their beliefs and advocate publicly for change, then the future will be silent.

COP26: A Review

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

Where: Online, register for a free ticket here

Index on Censorship, Clifford Chance

Playing with Fire: How theatre is resisting the oppressors

How is Turkish theatre resisting censorship and oppression? Join Meltem Arikan, Kaya Genç, and Kate Maltby for a recital and Q&A.

Join us for the launch of the new Index on Censorship magazine, Playing with Fire: How theatre is resisting the oppressor. In this edition we are engaging with the writers, playwrights, and actors using the theatre to resist oppression and censorship.

With a particular focus on Turkey, this launch event looks closer at the potential of the theatre, the impact of censorship on culture and literature, and the risks of speaking out. The conversation will be facilitated by Kate Maltby, deputy chair of the Index on Censorship Board of Trustees.

About the speakers:

Kaya Genç is a contributing editor for Index on Censorship based in Istanbul. Kaya is a novelist and journalist whose work has been published in The New York Times, The Paris Review and The London Review of Books among others. He has a PhD in English literature and his first novel, L’Avventura (Macera), was published in 2008. His latest book is The Lion and the Nightingale, which tells of his extraordinary quest to find the places and people in whom the contrasts of Turkey’s rich past meet.

Meltem Arikan is a Turkish/Welsh author. Arikan is known for her sharp critique of society and fearless and outspoken voice in her novels, plays, poems and articles. Arikan has written 11 books including nine novels and five plays. Her fourth novel Yeter Tenimi Acıtmayın (Stop Hurting My Flesh) was banned in early 2004 by the Committee to Protect Minors from Obscene Publications. The ban was eventually lifted and Arıkan was awarded with “Freedom of Thought and Speech Award 2004” by the Turkish Publishers’ Association. She has received several awards and was short-listed for the Freedom of Expression Award in 2014 by Index on Censorship for her play Mi Minör which the Turkish authorities claimed was a rehearsal for the Gezi Park demonstrations in 2013. Their subsequent hate campaign, fuelled by state sponsored media, forced her to leave Turkey to start living in Wales. In 2019 Turkish courts accepted the so-called Gezi Indictment which seeks life sentences for 16 people including her.

Kate Maltby is the deputy chair of the Index on Censorship Board of Trustees. She is a critic, columnist, and scholar. She is currently working towards the completion of a PhD which examines the intellectual life of Elizabeth I, through the prism of her accomplished translations of Latin poetry, her own poems and recently attributed letters, and her representation as a learned queen by writers such as Shakespeare, Spenser and Sidney.[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column][vc_column_text]

When: Monday 13 December, 13.00-14.00 GMT

Where: ONLINE

Tickets: Free, advance booking essential

Climate of fear: Indigenous activists fighting for environmental justice

[vc_row][vc_column width=”1/2″][vc_single_image image=”117589″ img_size=”full”][/vc_column][vc_column width=”1/2″][vc_column_text]In preparation for COP26, Index on Censorship invites you to reflect on the role of indigenous activists in climate activism.

As we prepare for challenging and necessary conversations at COP26, Index on Censorship brings attention to the cases of people whose voices are too easily forgotten in climate change debates. Index sheds light on the challenges of speaking up about climate change.

Join us for the launch of the new Index on Censorship magazine, A Climate of Fear. The conversation will be chaired by Index on Censorship acting editor Martin Bright with a focus on indigenous activists in Ecuador fighting for environmental justice and those who tell their stories.

Steven Donziger is a US lawyer who was part of an international legal team that obtained a multi-billion-dollar pollution judgment designed to remedy decades of deliberate toxic dumping by global oil company Chevron on indigenous ancestral lands in Ecuador.

Jimmy Piaguaje is an indigenous defender and filmmaker of Siekopai nationality from the community of Siekoya Remolino in Ecuador’s northeastern Amazon region. He is the co-founder of the Sëra Foundation, a grassroots organisation created by a group of young people from Siekoya Remolino to preserve their ancestral knowledge via audiovisual techniques and education. His latest documentary, about fighting covid in the Amazon with ancestral medicine, was published by the New Yorker.

Bethany Pitts is a writer and activist who has been working with indigenous communities in Ecuador since 2013, especially those defending the Amazon from oil exploitation. She is the author of the Moon Guide to Ecuador & The Galapagos Islands, the first internationally published guidebook on Ecuador with a focus on ethical travel. It was while Bethany was in the Amazon researching for her book in 2018 that she met Jimmy Piaguaje. Since then, she has been working to support the Sëra Foundation.

Martin Bright has over 30 years of experience as a journalist, working for the Observer, the Guardian and the New Statesman among others. He has worked on several high-profile freedom of expression cases often involving government secrecy. He broke the story of Iraq War whistleblower Katharine Gun, which was made into the movie Official Secrets (2019) starring Keira Knightley. He is the founder of Creative Society, a youth employment charity set up in response to the economic crash of 2008.[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column][vc_column_text]

When: Tuesday 19 October 2021, 17:30 to 18:30 BST

Where: ONLINE

Tickets: Free, advance booking essential

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