This is an article of mine that was recently published in Russian on the web page of the NGO Youth Human Rights Movement. And this is my name in Russian: Амилы Ясаревич. Cool, innit ? Enjoy. And share the link above with your Russian speaking friends.
Denmark and COP15: Erosion of the right to assembly
Something is rotten in the state of Denmark and it’s not just the cheese. Civic rights have recently been quite seriously impaired in Denmark, suddenly making it a lot scarier to protest in public. Or even just to be outside at the wrong time.
On October 29th 2009, the Danish Justice Minister Brian Mikkelsen from the Conservative People’s Party proposed a new law on “civil disturbance”. Read on and you’ll se why I put this in quotation marks.
The law was rushed through and was adopted only a month later. All warnings, protests and suggestions from law and human rights experts, judges and the opposition were dismissed. Only ten days before the UN Climate Change Conference 2009 (COP15) was to begin in Copenhagen, the law was adopted, giving the police expanded powers to detain random citizens.
This law basically authorizes the police to detain people for up to 12 hours because they look like they might do something at some point. Or because someone else is doing something. All they need to do is be at a protest. Even if they’re actually just crossing the street during a protest and not actually taking part in it, they can be detained. And they can also end up in jail for 40 days for hindering the police’s work, which outlaws peaceful civil disobedience like sit-downs. It is completely at the police’s discretion how to use this law.
During the one month that the law was deliberated in parliament, the media was overflowing with political spin. The law was consequently called “the trouble makers law”, in order to pacify the citizens and make them believe that only bullies would be affected by it. But the law applies to everybody in Denmark, of course, like all other laws. The media was also full of stories about how full the prisons would be during COP15, how bad the conditions would be in the prisons and how uncomfortable it would be for all those many, many protesters that the police already knew they would arrest. We were shown pictures of cages that were going to be used as the “climate prison”. It was clearly scare tactics. The message was: stay at home. Nice people stay indoors, only trouble makers go out.
Whether it was because the people let themselves fall for that rhetoric or because most Danes live outside of Copenhagen and probably never go to protests, there was no real public outcry against what was happening. NGOs, human rights experts, law experts and indymedia were in an uproar, but their protests apparently fell on deaf ears. The citizens seemed too complacent to care. Or too naïve.
Once COP15 began, we started seeing the consequences of the law. There were a lot of protests and actions at the time and the police were quite eager to use their new powers. On one occasion, 67 people were detained for a total of one broken window. On another occasion, an entire protest was kettled and detained. But the biggest event was when the police detained 968 people all at once, cable tied their hands behind their backs and made them sit on the cold street for hours before taking them to the cages (the “climate prison”). Of all those people, less than a handful were actually charged. The police simply detained them not because they were doing something but because they were there.
This happened on December 12th during the biggest protest that counted about 100.000 people from all over the world. A small group called “Never trust a COP” was going to have a separate protest, but the police told them they had to join the big one. They tagged along at the back. Not long after that, the police kettled a big section at the back of the protest and detained those 968 people. The official explanation was that someone had thrown a rock at a policeman, some windows had been broken and there were some fireworks. Also, there were a lot of people wearing black in that part of the protest. It was the guys from “Never trust a COP”, the same ones that the police pushed into the protest.
I was close to the part of the protest that was kettled. I had been very anxious about the heavy police presence – I had honestly never seen more uniforms at a protest – so I kept in the back because I expected the trouble to happen in the front once we reached the conference centre. I could very easily have been among the detained. But I saw no disturbance. I heard two fireworks and that was it. Writer and activist Naomi Klein was also at the back and she later wrote “it barely interrupted my conversation”. But the police chose to detain the whole end section. Simply because they could.
Pictures of the detainees went around the world. People sitting in long rows on the cold and wet street. Many had urinated on themselves because they weren’t allowed to use a bathroom. Artist Camilla Brodersen updated the old tourist poster for Copenhagen and it too went around the world.
The police also tapped activists’ phones, stopped and searched entire city busses (because people “looked like they were up to something”) and even beat delegates from the conference centre, when they tried to meet protesters who were trying to enter the premises. Meanwhile, a couple of Greenpeace activists managed to crash the Queen’s galla with 100 heads of state, where they unfolded a banner saying “Politicians talk – leaders ACT”. Why? Because they were wearing nice clothes and didn’t look like they might do something. They had even had a Greenpeace sticker on their car, but the police failed to stop them before they made it all the way into the castle.
During COP15, nearly 2.000 people were detained. And in spite of all that happened, most politicians completely failed their task and actually praised the police in stead of criticizing them. Some even chose to downplay the situation by focusing on the 99.000 protesters that weren’t detained. It’s true we weren’t detained. But that’s our constitutional right, not an exception or a gesture generously bestowed upon us by the authorities!
There still hasn’t been any real debate about the impact this law has on the right to assembly. We can still all be detained for 12 hours with no charges – just for being present at a protest. Many have argued that this actually makes violent protests more likely, as there is no difference whether you’re peaceful or violent, you will be treated the same. So concerning its name – “trouble makers law” – this law might not be preventing riots and disturbance of the peace but actually encouraging people to become trouble makers. Because you might as well, if you’re going to be detained anyway.
Denmark and COP15: Erosion of the right to assembly