Calls for Review of UK Protest Laws After Palestine Action Arrests

blockchain In light of recent mass arrests linked to the Palestine Action protests, Europe’s leading human rights official, Michael O’Flaherty, has urged the UK government to reassess its current protest legislation. O’Flaherty, who serves as the Council of Europe Commissioner for Human Rights, expressed his concerns in a letter addressed to Home Secretary Shabana Mahmood.

O’Flaherty highlighted that the existing legal framework permits UK authorities to impose overly stringent restrictions on freedoms of assembly and expression, which could lead to over-policing. He specifically referenced the contentious provisions in the crime and policing bill currently under consideration in the House of Lords. One of the proposed changes would criminalize the act of concealing one’s identity during protests.

Since the ban on Palestine Action was enforced under the Terrorism Act on July 5, hundreds of individuals have been arrested, primarily for displaying placards that read: “I oppose genocide, I support Palestine Action.” In his correspondence to Mahmood, O’Flaherty noted that a significant number of arrests have occurred due to the display of banners that express solidarity with the organization or dissent against the government’s decision to classify it as proscribed.

Regulation O’Flaherty acknowledged that while supporting a proscribed group is indeed an offence under the Terrorism Act 2000, he emphasized that domestic laws aimed at countering terrorism or violent extremism should not infringe upon fundamental rights and freedoms, such as the right to peaceful assembly, unless strictly necessary for safeguarding national security and the rights of others.

Continuing his address, O’Flaherty remarked on how recent amendments—following the enactment of the Police Crime, Sentencing and Courts Act 2022 and the Public Order Act 2023—have further enabled authorities to impose excessive restrictions on civil liberties. He underscored the potential for over-policing and urged the government to review any arrests or convictions based on regulations that have been deemed unlawful by recent court rulings.

How Regulations Shape Our Daily Lives: A Simple Guide O’Flaherty recommended a thorough examination of the current protest policing legislation to ensure compliance with the UK’s human rights obligations. His letter pointed out the need for a legal framework that respects civil liberties while balancing the necessary measures for public safety.

The crime and policing bill proposes that individuals concealing their identity in areas where police believe a protest may occur could face criminal charges, particularly if the protest is thought to involve illegal activities. Under current public order laws, police already possess the authority to ask individuals to remove facial coverings when necessary.

O’Flaherty raised significant concerns regarding the broad nature of the proposed offence, especially since police already have the power to enforce the removal of face coverings in certain situations. He emphasized the importance of examining the necessity and proportionality of such measures in the context of protecting civil liberties.

The international human rights community has criticized the UK’s approach to protest laws, particularly in relation to the recent crackdown on Palestine Action demonstrations. As discussions continue, the implications of these regulations on UK civil liberties remain a critical topic of concern.

As the UK grapples with the balance between national security and civil liberties, O’Flaherty’s call for a thorough review of protest laws is timely and essential. The ongoing discourse around the legality of recent arrests and the potential chilling effects of new legislation on freedom of expression and assembly will be pivotal in shaping the future of protest rights in the UK.