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Climate
Rich Countries Crack Down on Climate Protests While Lecturing on Rights Elsewhere: Report
"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."
Sep 10, 2024
Rich Western countries have cracked down on non-violent climate protests with harsh laws and lengthy prison sentences, in violation of international law and the civil rights they champion globally, according to a report released Monday by Climate Rights International.
CRI, an advocacy group based in California, found that Australia, Germany, France, the Netherlands, Sweden, the United Kingdom, and the United States had used heavy-handed measures to silence climate protesters in recent years. The measures aren't in keeping with the freedoms of expression, assembly, and association enshrined in international law, the report says.
"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, CRI's executive director, said in a statement.
"Governments too often take such a strong and principled view about the right to peaceful protest in other countries—but when they don't like certain kinds of protests at home they pass laws and deploy the police to stop them," Adams toldThe Guardian.
“These defenders are basically trying to save the planet... These are people we should be protecting, but are seen by governments & corporations as a threat to be neutralised. In the end it’s about power & economics”
- @MaryLawlorhrdshttps://t.co/WPunhbDhCq
— Dr. Aaron Thierry (@ThierryAaron) September 10, 2024
The CRI report details relevant international law, disproportionate actions taken against climate protestors, and draconian new laws established in four of the countries studied. It also lays out recommendations and proposed reforms. CRI was founded in 2022 with a mission that states, "Progress on climate change cannot succeed without protecting human rights—and the fight for human rights cannot succeed without protecting our planet against climate change."
The examples of government crackdowns on climate protesters are numerous. In October 2022, Just Stop Oil activists Morgan Trowland and Marcus Decker climbed the cables of a major bridge in England and remained there for two days, causing police to stop traffic across the bridge. They called for the U.K. to stop licensing new oil and gas projects in the North Sea.
Trowland and Decker were each subsequently sentenced to more than 30 months in prison under a 2022 law passed by the Conservative government that led the country at the time. The sentencing prompted concern from a United Nations special rapporteur. An op-ed published Tuesday in The Guardian by Linda Lakhdhir, CRI's legal director, indicated that the Labour Party, now in power in the U.K., has not made a total break from the Conservatives policies.
A similar U.K. case involved Just Stop Oil's disruption of traffic on a highway in November 2022. Five campaigners, including Roger Hallam, well-known as a co-founder of Extinction Rebellion, had spoken on a Zoom call designed to increase participation in the direct action. This July, they were each sentenced to at least four years in jail, with Hallam receiving a five-year sentence—the longest sentences ever given in the country for non-violent protest, The Guardianreported.
Michel Forst, the U.N.'s special rapporteur on environmental defenders, attended part of the trial and called the sentencing a "dark day for peaceful environmental protest."
The attempt to silence climate protest has gone well beyond the U.K. In late August, a German court sentenced a 65-year-old man to nearly two years in prison for blocking a road as part of a protest. An Australian protester was given 15 months in prison for blocking one lane in a five-lane road for 28 minutes in 2022.
In April 2023, Joanna Smith was one of two protesters who put water-soluble paint on the protective case of a sculpture at the National Gallery of Art in Washington, D.C. She faced unexpectedly harsh federal charges—for two felonies—that could have landed her in prison for five years, and ended up making a plea deal for a 60-day sentence. Her fellow protestor, Timothy Martin, has a trial scheduled for November.
The report makes the following four general recommendations for governments:
- Promote and protect peaceful protest;
- Adopt a proactive approach to facilitating and protecting peaceful demonstrations;
- Review, repeal, or amend legislation restricting the right to protest to meet international standards; and
- Ensure fairness for climate protesters in legal proceedings by allowing a public interest defense and an explanation of motivations.
The final recommendation stems from the fact that some jurisdictions and judges have prevented climate activists from stating the reasons for their civil disobedience in court. A U.K. judge, Silas Reid, has repeatedly denied climate protesters the ability to explain their motivations to juries, and even jailed two of them for contempt of court when they did so anyway.
The U.S. has not passed a harsh federal bill along the lines of the 2022 U.K. law, but many states have placed anti-protest laws on the books in recent years, and other state legislatures have considered measures, the report says. A 2019 Texas law strengthened penalties for protests around pipelines and other fossil fuel infrastructure, and a 2020 Tennessee law did so for "inconvenient" protests.
Harsh penalties are not the only danger that environmental defenders face. Nearly 200 environmental defenders were killed across the world in 2023, according a report released Tuesday by Global Witness.
Crackdowns on non-violent protest in rich Western countries extend beyond the issue of climate. Pro-Palestinian campus protests in the U.S. have also seen harsh crackdowns in the past year, with fears among campaigners that anti-protest measures could increase.
The report posits that governments should take a different approach to such civil disobedience, given its importance in spurring social change in the past.
"Governments should welcome peaceful protests as the sign of an engaged citizenry," the report says. "Those who engage in peaceful protest should, at a minimum, be assured that their rights will be respected."
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'Simply Unacceptable': Nearly 200 Environmental Defenders Killed in 2023
"Activists and their communities are essential in efforts to prevent and remedy harms caused by climate damaging industries," one campaigner said. "We cannot afford to, nor should we tolerate, losing any more lives."
Sep 10, 2024
Almost 200 people were killed in 2023 for attempting to protect their lands and communities from ecological devastation, Global Witness revealed Tuesday.
This raises the total number of environmental defenders killed between 2012—when Global Witness began publishing its annual reports—and 2023 to 2,106.
"As the climate crisis accelerates, those who use their voice to courageously defend our planet are met with violence, intimidation, and murder," Laura Furones, the report's lead author and senior adviser to the Land and Environmental Defenders Campaign at Global Witness, said in a statement. "Our data shows that the number of killings remains alarmingly high, a situation that is simply unacceptable."
At least 196 people were murdered in 2023, 79 of them in Colombia, which was both the deadliest country for defenders last year and the deadliest overall. In 2023, more defenders were killed in Colombia than have ever been killed in one country in a given year since Global Witness began its calculations.
While the government of left-wing President Gustavo Petro has promised to protect activists, organizers on the ground say the situation has only gotten worse for defenders in the past year. Colombia will host the 16th Conference of Parties to the Convention on Biological Diversity in October, and has promised to highlight the role of defenders in protecting nature. This presents a "historic opportunity" to stand up for the rights of environmental activists, Global Witness said.
Overall, Latin America is the deadliest region for defenders, making up 85% of killings in 2023. It was home to the four deadliest countries for defenders—Colombia, Brazil, Honduras, and Mexico—which together accounted for 70% of all killings. Honduras also saw the highest number of killings per capita, both in 2023 and over the past 11 years.
"It is the job of leaders to listen and make sure that defenders can speak out without risk."
The fifth deadliest country for defenders in 2023 was the Philippines, which saw 17 people killed. Overall, nearly 500 people have been murdered in Asia since 2012, with the Philippines remaining the deadliest country in the region during that time. Global Witness recorded four deaths in Africa in 2023, and 116 since 2012, but noted that this is likely a "gross underestimate" as killings on the continent are more difficult to document due to a lack of information.
Global Witness cannot always link a particular industry to the murders of the land defenders who oppose environmental harm. In Colombia, for example, it estimates that half of people killed in 2023 were killed by organized criminal elements. However, for the deaths it was able to connect, most people died after opposing mining operations at 25. This was followed by logging (5), fishing (5), agribusiness (4), roads and infrastructure (4), and hydropower (2).
The threat of even more mining-related violence looms as nations scramble for the critical minerals necessary for the transition away from fossil fuels and toward renewable forms of energy. This dovetails with another component of Global Witness' findings: the disproportionate violence borne by Indigenous communities for defending their homes. Of the defenders killed in 2023, nearly half were Indigenous peoples or Afrodescendants, and almost half of the minerals needed for the energy transition are located on or near Indigenous or peasant land.
Jenifer Lasimbang, an Indigenous Orang Asal woman from Malaysia and executive director of Indigenous Peoples of Asia Solidarity Fund, explained the situation her community faces:
In Malaysia, as in many other countries, we Indigenous Peoples have been subject to wave after wave of destruction. First came the logging and oil palm companies. As a result, nearly 80% of the land surface in Malaysian Borneo has been cleared or severely damaged.
Now, as the world moves away from a fossil-fuel based economy, we're seeing a rush for critical minerals, essential to succeed in the transition to a green economy.
With Malaysia the regional leader in aluminium, iron and manganese production, extracting rare minerals isn't new to us. But our experience so far has been that this comes at a huge environmental cost.
The Malaysian government is issuing an increasing number of prospecting and mining licenses. We know what this new "green rush" means for us. We know it's going to get worse while demand for resources remains high.
Lasimbang said that her community did not oppose development itself, but an "unsustainable and unequal global system" predicated on ever-increasing consumption, and that world leaders should learn from Indigenous communities like hers how to sustain a society without destroying the environment.
"There is only really one thing left to say: Trust us. Let us lead. We will take you with us," Lasimbang said.
While global awareness of the climate crisis and commitments to address it should have translated into greater protections for those on the frontlines of defending biodiversity, that has not been the case. Since the Paris agreement was signed in 2015, at least 1,500 defenders have been murdered, Global Witness said.
Even in wealthier countries like the U.K., E.U., and U.S. where killings are less frequent, governments have increasingly repressed environmental activists by criminalizing protest. In 2023, Global Witness observed that the "global surge in anti-protest legislation persisted."
For example, in 2023 the U.K. expanded its Public Order Act to allow police to prosecute certain protests that disrupted national infrastructure or caused "more than a minor" disturbance. In November of that year, police arrested at least 630 people for marching slowly on a public road to protest new fossil fuel projects.
In the U.S., more than 20 states have passed "critical infrastructure" laws that target protests against fossil fuel projects like pipelines. E.U. countries have passed similar laws as well.
Even in the developed world, the criminalization of protest can turn deadly: In January 2023, police in Georgia shot and killed 26-year-old defender Manuel Esteban Paez Terán, or Tortuguita, as they were camping out in a local forest to prevent it from being bulldozed to facilitate the construction of a "Cop City" training facility.
To protect defenders worldwide, Global Witness called on governments and businesses to document attacks and hold perpetrators to account.
"Governments cannot stand idly by; they must take decisive action to protect defenders and to address the underlying drivers of violence against them," Furones said. "Activists and their communities are essential in efforts to prevent and remedy harms caused by climate damaging industries. We cannot afford to, nor should we tolerate, losing any more lives."
Nonhle Mbuthuma of South Africa, who won the Goldman Environmental Prize in 2024, wrote in the report's forward that both defenders and governments had a role to play in creating a more just and sustainable world as it teeters on the brink of climate and ecological breakdown.
"Now it is my role, as a defender, to push elite power to take radical action that swings us away from fossil fuels and toward systems that benefit the whole of society," Mbuthuma wrote. "It is the job of leaders to listen and make sure that defenders can speak out without risk. This is the responsibility of all wealthy and resource-rich countries across the planet."
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Pacific Islands Push ICC to Recognize Ecocide as International Crime
"This is a moment of generational change, one that is needed to safeguard our environment and signal to coming generations that the world is truly serious about doing so," said one legal expert on ecocide.
Sep 10, 2024
Campaigners against ecocide, the destruction of nature, applauded what one leader called a "key moment" in the fight to protect the natural world and communities that are most vulnerable to climate damage on Monday as three Pacific island nations proposed that the International Criminal Court formally recognize the crime.
Vanuatu, which first made a similar proposal in 2019, was joined by Samoa and Fiji in submitting the proposal to the ICC, which was established in 2002 to prosecute cases regarding genocide and crimes against humanity.
"Vanuatu considers it imperative that the international community takes this conversation seriously, and we warmly invite all member states to engage," said Ralph Regenvanu, special envoy for climate change and environment for Vanuatu, in a statement. "Legal recognition of severe and widespread environmental harm holds significant potential to ensure justice and, crucially, to deter further destruction."
The recognition of environmental and ecosystem destruction as a crime could allow the court to prosecute individuals accused of ecocide, such executives of pollution-causing companies whose activities are linked to planetary heating and the sea-level rise and intense storms small island nations increasingly face and officials of governments that continue to emit high levels of greenhouse gases.
Philippe Sands, a law professor at University College London and co-chair of an expert panel on the legal definition of ecocide, said that as drafted, the Rome Statute, which established the ICC, "cannot adequately address environmental harms" and must be changed to reflect "a growing recognition that severe environmental destruction deserves the same legal accountability as other grave international crimes that focus on the human."
"People clearly understand that the most severe forms of environmental destruction harm all of us, and that there is real deterrent potential in creating personal criminal liability for top decision-makers."
“There is a manifest gap in the statute of the ICC, and ecocide is now firmly on the agenda, a vital and necessary moment for an effective international law," said Sands. "This is a moment of generational change, one that is needed to safeguard our environment and signal to coming generations that the world is truly serious about doing so."
Sands told The Guardian that he is "100% certain" that ecocide will ultimately be recognized as an international crime, but with the matter tabled for a full discussion by the ICC at a later date, a long deliberation process is expected.
The Pacific nations introduced the proposal at the ICC days after the Global Commons Survey, conducted by Ipsos UK, found that 72% of people in G20 countries believe ecocide should be recognized as a crime.
Jojo Mehta, co-founder and CEO of Stop Ecocide International, said last week that "widespread civil society demand" has driven the European Union to recognize "conduct comparable to ecocide" as a "qualified" offense, and Belgium to adopt ecocide as a crime punishable by up to 20 years in prison and fines as high as $1.8 million.
"We're seeing significant policy shifts in favor of ecocide legislation at the domestic, regional, and international levels," said Mehta. "People clearly understand that the most severe forms of environmental destruction harm all of us, and that there is real deterrent potential in creating personal criminal liability for top decision-makers. Damage prevention is always the best policy, which is precisely what ecocide law is about."
Some of the world's biggest polluters, including the United States, China, and Russia, are not member states of the ICC, and could challenge the court's jurisdiction if accused of ecocide—but Mehta said Monday that "by establishing legal consequences, we create a guardrail that compels decision-makers to prioritize safety for people and planet, fundamentally altering how they approach their obligations."
"We also create a route to justice for the worst harms," she said, "whether they occur in times of conflict or in times of peace."
Regenvanu said Vanuatu has prioritized the recognition of ecocide as a crime after suffering significant climate damage for years, with the government already having relocated six towns due to irreversible sea level rise.
"Environmental and climate loss and damage in Vanuatu is devastating our island economy, submerging our territory, and threatening livelihoods. This tragedy is not unique to Vanuatu but is shared by many small island nations that, despite bearing the least responsibility for the crisis, suffer most from its impacts," said Regenvanu. "We urge ICC member states to take note of the very substantial civil society support for this initiative around the world as it moves forward in this crucial discussion."
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Most US Voters Want Plastics Industry Held Accountable for Recycling Deception: Poll
"No one is really OK with a corporation lying to consumers. What jumps out here is the overwhelming agreement among voters that it's deceptive and wrong for companies to label a product as recyclable when it's not."
Sep 09, 2024
Most U.S. voters would support officials in their state taking legal action against the plastics and fossil fuel industries for creating plastic pollution, based on evidence that they misled the public about the viability of recycling their products, according to a poll released Monday.
The poll, conducted by Data for Progress and the Center for Climate Integrity, follows a report CCI released in February that showed decades of industry deception about the recyclability of plastics and a yearslong, ongoing investigation by the California attorney general, which could lead to a lawsuit.
The poll indicates that 70% of voters support such a lawsuit and even 54% of Republicans do so.
"Regardless of your politics, no one is really OK with a corporation lying to consumers," Davis Allen, a CCI researcher, said in a statement. "What jumps out here is the overwhelming agreement among voters that it's deceptive and wrong for companies to label a product as recyclable when it's not."
Allen's colleague Alyssa Johl, a CCI vice president, argued that the poll bolsters the case that attorneys general should pursue lawsuits against industry for its role in creating plastic waste and deceiving the public about recycling.
"As we're watching to see what comes from California's investigation, it's clear that the public is very concerned about the plastic waste crisis and would support holding Big Oil and the plastics industry accountable for the fraud of plastic recycling," she said. "Any attorney general or public official who is considering action on this issue should know that both the law and public opinion are on their side."
📣 New poll from us & @DataProgress:
The vast majority of U.S. voters — including 54% of Republicans — support legal action against Big Oil & the plastics industry for lying about the viability of plastic recycling and causing the plastic waste crisis. https://t.co/YFjmxzeOYT pic.twitter.com/0oHAMHPtem
— Center for Climate Integrity (@climatecosts) September 9, 2024
The survey, conducted on 1,231 web panel respondents, also included a number of other plastics-related questions. More than two-thirds of respondents, after being prompted with information during the course of the survey, said the plastics industry should have "a great deal of responsibility" to address the plastic crisis, while 59% said the same about the fossil fuel industry. The industries are in fact connected; almost all plastics are made out of fossil fuels.
More than 60% of respondents strongly agreed—and 85% agreed at least "somewhat"—that it was deceptive to put the "chasing arrows" symbol on products that were not in fact recyclable. California restricted the practice with a 2021 law, and the Federal Trade Commission is revising its guidelines following recommendations issued last year by the U.S. Environmental Protection Agency, which said the use of the symbol can be "deceptive or misleading."
The poll showed that Americans tend to overestimate the amount of plastic being recycled. The average respondent guessed that about 45% of plastic gets recycled, when in fact a 2021 Greenpeace report indicated that the real figure is about 6%.
Despite the negative impacts of plastic waste, plastic production continues to increase worldwide. About 220 million tons of plastic waste are expected to be generated this year alone. Last week, a study in Nature, a leading journal, estimated global plastic waste emissions at about 52 million metric tons per year.
Recycling plastic is logistically challenging because many products are made of composites of different types of plastic and because the quality of the material goes down with each generation of use.
The poll comes out during the final stages of negotiations on a global plastics treaty, which has been in the works for several years. Ahead of United Nations General Assembly meetings this week, a group of celebrities including Bette Midler called for strong action on plastics in an open letter published by Greenpeace.
The final global plastics treaty negotiations will be held in Busan, South Korea starting November 25. The previous major round of negotiations, in April, was dominated by corporate lobbyists, advocates said. Activists and Indigenous leaders were also left out of a smaller meeting in Thailand last month, drawing criticism.
The call for accountability for plastics producers comes as the fossil fuel industry already faces legal action for its role in perpetuating the climate crisis. Dozens of cities and states have filed suits. None has yet reached the trial stage. The one that is closest to doing so, City and County of Honolulu v. Sunoco et al., has been the subject of political and legal wrangling, with the industry trying to have the suit dismissed.
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