European rights body urges UK ministers to review protest laws

European Rights Body Urges UK Ministers to Review Protest Laws Amid Policing Concerns

Strasbourg, France – A stark warning has been issued to the UK government by Europe's leading human rights watchdog, urging ministers to reconsider current protest laws and the way demonstrations are policed. The Council of Europe's Commissioner for Human Rights, Dunja Mijatović, has expressed significant concerns about the impact of recent legislation and policing tactics on the fundamental right to peaceful assembly in Britain.

In a series of communications and a recent report, Mijatović has highlighted a troubling trend where new laws, particularly the Public Order Act 2023, appear to be unduly restricting legitimate protest. This intervention from a prominent international body underscores the growing unease among human rights advocates about the UK's commitment to upholding civil liberties. Is the government inadvertently stifling dissent, and what are the long-term implications for British democracy?

Concerns Over New Legislation and Policing Powers

The core of Commissioner Mijatović's concerns revolves around the broad definitions and potential interpretations within the Public Order Act 2023. The legislation introduced new criminal offences, including "locking on," "tunnelling," and causing public nuisance, which critics argue are too vague and could be used to criminalise peaceful protestors engaged in disruptive, but not necessarily violent, actions. The Council of Europe's human rights body has specifically pointed to the potential for these laws to disproportionately affect environmental activists and other groups employing civil disobedience tactics.

Furthermore, the Commissioner has raised red flags about the increased police powers granted under the new act. The ability for police to impose conditions on protests, such as starting and ending times, noise levels, and the size of gatherings, is seen by some as a significant erosion of the right to protest freely. Mijatović has emphasized the importance of proportionality, stating that any restrictions must be necessary and narrowly tailored to address a genuine threat to public order or the rights of others. The worry is that the current framework allows for a more heavy-handed approach that chills legitimate expression.

"The exercise of the right to peaceful assembly is a cornerstone of democratic societies," stated a spokesperson for the Commissioner's office. "While states have a legitimate interest in maintaining public order, this must not come at the expense of fundamental freedoms. We are urging the UK authorities to review the implementation and impact of their protest laws to ensure they are compatible with European human rights standards."

Impact on Environmental and Social Movements

The timing of these warnings is particularly relevant given the rise of prominent environmental movements like Extinction Rebellion and Just Stop Oil. These groups have frequently employed disruptive tactics to draw attention to the climate crisis, often facing significant police intervention. The new legislation, critics argue, is designed precisely to curb such forms of protest, effectively making it harder for these groups to have their voices heard.

Human rights organisations in the UK have echoed the Council of Europe's sentiment. Liberty, a leading civil liberties advocacy group, has been vocal in its opposition to the Public Order Act, describing it as a "draconian" piece of legislation. They argue that the laws criminalise not just the disruption caused, but the very act of protesting in a way that challenges the status quo.

"This isn't just about a few noisy protestors," said a campaigner from Liberty. "It's about the right of everyone to stand up and speak out against injustice. When governments make it harder for people to protest, they are silencing dissent and undermining the democratic process. We are seeing a worrying trend towards criminalising protest itself, rather than addressing the issues protestors are raising."

The Role of the Police and Accountability

Beyond the legislative framework, Commissioner Mijatović has also expressed concern about the policing of demonstrations. Reports of arrests for minor offences, the use of kettles (containing protestors in a designated area for extended periods), and allegations of excessive force have been scrutinised. The Commissioner has stressed the need for police forces to act with restraint and to ensure that their actions are proportionate and lawful.

There's a delicate balance to strike, isn't there? Police have a duty to protect the public and maintain order, but they also have a responsibility to uphold the rights of protestors. When that balance is perceived to be tipping too far in one direction, it erodes public trust. The Council of Europe's intervention suggests that this balance is indeed being questioned at an international level.

The Commissioner's office has called for greater transparency and accountability in the policing of protests. This includes ensuring that robust complaints procedures are in place and that officers are adequately trained in human rights and the law surrounding peaceful assembly. The aim is to build confidence that the police are acting impartially and with respect for fundamental rights.

What Happens Next?

The UK government has consistently defended its protest laws, arguing that they are necessary to prevent serious disruption and protect the public. Ministers have stated that the legislation strikes a balance between the right to protest and the need to maintain order. However, the persistent concerns raised by the Council of Europe and domestic human rights groups suggest that this balance may not be as successfully achieved as the government claims.

The Council of Europe's Commissioner for Human Rights does not have enforcement powers, but its reports and recommendations carry significant weight. They serve as an important benchmark for human rights standards across the continent. The ball is now firmly in the UK government's court. Will they heed the warnings and initiate a meaningful review of their protest laws, or will they continue on a path that risks alienating a significant portion of civil society and drawing further international criticism? The answer will reveal much about the UK's dedication to its democratic principles and its role as a defender of human rights.