Protest has always been an avenue by which change happens, through which government gain an understanding of the will of the people.
Protest is part of a democratic negotiation of power. People who seek change may submit petitions and letters to their representatives. If these are ignored, they may picket, engage in walk-outs, boycotts, strikes, and other forms of direct action.
In democracies, the government comes to the table to negotiate.
In authoritarian regimes, the government ignores or imprisons those who engage in such acts. Usually when this happens, those who truly believe in the cause will start committing criminal acts.
The legality and availability of every action before this point is an essential part of a peaceful democracy. We would all prefer to live in a world without criminal protest. But many of the peaceful avenues of protest are no longer available to those who wish to change the world for the better.
Those who worry about the right to protest will already be aware of the way the Police Crime Sentencing and Courts Bill sought to criminalise peaceful protest through creating offences based around noise, single-person protests, being a “nuisance” and blocking roads.
Ways to protest peacefully have become criminalised recently in more ways than one.
An example from my hometown: When Cardiff University were unable to stop Caerdydd Students for Palestine from protesting for peace in Gaza by using existing laws and powers, they sought new ones.
They acquired an injunction from the courts, stating that no-one may enter, occupy or remain on the campus for the purpose of protest, lest they face fines and prison.
A UN watchdog described this as a flagrant violation of international human rights. The way Cardiff University did this involved use of a new type of injunction called a “newcomer injunction” – which is currently being advertised to universities across the country by law firm Shakespeare Martineau LLP.
Newcomer injunctions act against anyone and can function as a creation of a new bylaw with new punishments – up to and including imprisonment.
An example from 2023: The then Conservative UK Government banned public bodies (such as democratically elected councils) from boycotting goods from foreign countries and territories.
This was specifically meant to prevent councils from being able to boycott Israel, in the way they boycotted South Africa during apartheid. And now, the UK Government has banned all support of Palestine Action – regardless of how simple or peaceful.
Anyone who has experience with authority over another person – whether that be parents, managers, or schoolteachers – knows that when their [wards] “act out”, the urge to discipline and punish gets stronger.
However, those who have successfully moved forward in these situations will know that this is rarely effective. It is the causes for unrest that must be addressed.
It is not only authoritarian and immoral to respond to protesters by locking them away and trying to get them to be quiet by whatever means necessary; it is immature. It is giving in to a base instinct to seek control above all else – even if it means ignoring the personhood and rights of others.
It is natural when one has any power to feel defensive when the way you use that power is challenged. Westminster it seems feels incredibly threatened by modern day environmental and anti-genocide activists.
Cutting off avenues of peaceful protest will not prevent protests from happening, it will accelerate activists towards more extreme choices.
If activists know they will be thrown in prison regardless of whether they silently hold a sign or destroy a munitions factory, why should we expect peaceful protest at all?
UK Government made clear they do not care about the worries of the UK population with regards to Palestine.
They will not let the population do anything themselves to help, such as divest council funds from Israel, and they will arrest anyone making too much of a peaceful fuss about the issue.
Thus, the acts of Palestine Action – directly destroying munitions headed for Israel – were inevitable.
UK Government could stop such escalations. They could and should remember that democracy is meant to be a peaceful negotiation between the people and the parliament that is meant to represent them.
Peaceful protest should not be considered a hindrance to running a democracy but an essential part of one.
It not only leads to landmark outcomes – votes for women, action on climate change, workers’ rights – it prevents disastrous ones.
Featured image via Loredana Sangiuliano / Shutterstock.
