New South Wales’ chilling landscape for environmental protest

Ever since environmental activist Deanna “Violet” Coco was handed down a 15-month sentence earlier in December, protesters in New South Wales (NSW), Australia, have rallied in solidarity and to voice their dismay. On Tuesday this week, Coco walked free from prison. The temporary reprieve came as her bail appeal was approved, while she awaits an appeal on her sentence.

In April, Coco and a handful of other protesters from Fireproof/|Floodproof Australia blocked one lane of traffic on Sydney Harbour Bridge, holding aloft a flare to signal the climate emergency. Her sentence is the first of its kind under new laws in New South Wales.

For Suelette Dreyfus, executive director at Australia-based organisation Blueprint for Free Speech, Coco’s recent release must not divert attention from the serious penalties being given to environmental protesters, and the impact on freedom of expression.

“New South Wales has been targeting environmental protesters in the past year especially,” Dreyfus said. “That includes a Conservative state government and a streak in the media that is quite anti-environmentalist.”

She describes the penalties environmental activists typically faced in the past compared to today. What could once have been a fine for a few hundred Australian dollars, has become the threat of a lengthy prison sentence. This comes after NSW introduced the Roads and Crimes Legislation Amendment Act 2022 in April, meaning protesters could be fined up to AU$22,000 or be imprisoned for up to two years for trespassing on a major road and causing damage or disruption, or for damaging or disrupting a major facility.

Alongside this, a new police unit was created to disrupt environmental protest, called Strike Force Guard.

Dreyfus called this “an extreme power that’s been given to both police and the judiciary, to silence environmental protesters”.

When Coco’s sentence was handed down, NSW premier Dominic Perrottet described it as “pleasing to see”.

“It seems to be a strange thing to want to put a peaceful young woman exercising her right to freedom of expression in prison for two years, and feel self-satisfied about it,” Dreyfus told Index.

Coco is not alone in facing the sharp end of NSW’s new laws. In April, fellow Fireproof Australia activist Andrew George interrupted a National Rugby League match by running onto the pitch with a flare, and was handed down a three-month jail sentence, which he later appealed and won. In September, Blockade Australia activist Mali Cooper was cleared of charges against them, after they blocked the Sydney Harbour Tunnel in an attempt to force systemic change after witnessing the Lismore floods. They had faced the threat of two years in prison and $22,000 in fines.

Dreyfus referred to this landscape for environmental protest as a New South Wales phenomenon, but she said there is evidence that it’s leaching to other states. Victoria and Tasmania introduced similar laws this year.

“I think that the New South Wales government is actually weaponising the law against environmental protest in that state by going for the most serious charges they think they can, rather than charges that are commensurate with the very often very minor disruption that the protesters may cause,” Dreyfus said.

“We’re not talking about people who have burned down the Sydney Opera House here. We’re talking about people who have marched peacefully, and may have marched some bit of time in the road,” she said. “It’s really a minor offence, and it’s being treated like a major offence. So, it’s definitely chilling freedom of expression. It’s not a spring chill. It’s a full-on disturbing kind of winter hail.”

She said people are not attending ordinary protests in the same way as before, referring to demonstrations of around 100 people marching along a road, where some might step off the pavement and disrupt traffic. Coco’s sentencing, she said, has dampened participation.

However, she does not believe people will be silenced in this harsh landscape: “Most protesters of that nature are resourceful. So they will find another way to express what they think is important.”

The unintended consequence of the way NSW is dealing with this issue, she said, is that they are ultimately giving a bigger microphone to the protesters. Where before, disruptive protests were encouraging people to talk about environmental issues, now people are talking about environmental issues, freedom of expression and law reform. She calls that a killer combination for positive change.

“It will be up to the civil society community to make the most of that,” she said. “That’s something that they have to decide how they’re going to embrace.”

The terrible price of refusing to remain silent

A vigil held for Dom Phillips and Bruno Araujo Pereira. Photo: Victoria Jones/PA Wire/PA Images

On Friday 16 June 2016, my beautiful and kind former colleague Jo Cox was murdered for no reason other than she was doing her duty, representing the people of Batley and Spen as a Member of the British Parliament to the best of her ability. Jo was a democrat, a wife, a mother, a daughter, and a friend to lots of us.

When we lost her, the foundations of our democracy were shaken but her legacy cannot and must never be defined by the heart-breaking and evil events of 16 June. Her family will not allow it, and neither must we.

Having said that I woke up this morning feeling a little sick and very sad. I’m honestly not sure that this day will ever be easy for those people that knew and loved Jo, but as I had my morning cuppa and listened to the news, every story reminded me not of her murder but of how angry she would have been about each news item and how determined and driven she would have been to make a difference. Because that’s who she actually was.

Jo’s legacy is not her murder but her love. It’s not the hate-filled extremist that stole her from us, it’s her determination to leave the world in a better place than she found it. It’s not the silence she left behind but rather the laughter and words she gave us. Which drive so many of us today.

That’s her legacy, which has been embraced by her family and institutionalised by the Jo Cox Foundation. And today as we remember Jo, we cannot forget the instructions she gave us to make the world better.

Which brings me to two more families who are in mourning today – those of  Dom Phillips and Bruno Pereira.

Once again two people have seemingly been killed for refusing to be silenced. For refusing to take the easy route. For standing up for those people whose voices aren’t as loud.

Dom Phillips was a brave and inspirational journalist, determined to not only tell the stories of indigenous people affected by climate change but to offer solutions for how we could help save the Amazon. His death in the Brazilian rainforest must not be allowed to define his life or his legacy. He is so much more than the people who have silenced him.

But today my thoughts and prayers are with those who are struggling with their grief – as they seek to make sense of these horrors.

The only words I can give are those of Jo. She left us with one core premise – we have more in common with each other than the things that divide us. Whether that’s across the political aisle, or in every one of our communities, this basic fact of our collectively humanity is something that we must hold onto.

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