PROTESTING DURING A PANDEMIC - STATE RESPONSES DURING COVID-19 APRIL 2021 - INCLO

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PROTESTING DURING A PANDEMIC - STATE RESPONSES DURING COVID-19 APRIL 2021 - INCLO
PROTESTING DURING A PANDEMIC
STATE RESPONSES DURING COVID-19

APRIL 2021
PROTESTING DURING A PANDEMIC - STATE RESPONSES DURING COVID-19 APRIL 2021 - INCLO
PROTESTING DURING A PANDEMIC                                    STATE RESPONSES DURING COVID-19

TABLE OF CONTENTS

04 ABOUT INCLO         20 EXCESSIVE AND
                          DISCRIMINATORY
06 A. INTRODUCTION
                          IMPLEMENTATION OF
10 B. GOVERNMENT          COVID-19 RESPONSE
   RESPONSES TO PROTEST   MEASURES
   DURING THE COVID-19                                         34 ILLEGAL AND                     44 C. RESPONSES AND
   PANDEMIC                                                       DISPROPORTIONATE                   STRATEGIES FROM
                                                                  USE OF FORCE BY LAW                CIVIL SOCIETY TO
10 CRIMINALIZATION
                                                                  ENFORCEMENT AND                    PROTECT THE RIGHT
   OF PROTEST
                                                                  MILITARY PERSONNEL                 TO PROTEST                                                                       57 G. APPENDIX

                               21 THE CONCENTRATION                                                                                         54 D. CONCLUSION
                                  OF STATE POWER:
                                                                                                                                            55 E. METHODOLOGY
                                  Hungary and Russia
                                                                                                                                            56 F. LEGAL
                               22 ABUSE OF STATES OF
                                                                                                                                               FRAMEWORK
12 Australia                      EMERGENCY:
                                  Canada, Colombia, Ireland,   36 Indonesia                       46 Legal Actions                                                                    57 Relevant United Nations
13 Hungary                        and the United Kingdom                                                                                                                                 Guidance Documents during
                                                               37 Israel                          48 Monitoring & Advocacy
                                                                                                                                                                                         the COVID-19 Pandemic
14 Indonesia                   24 TARGETING                    38 Kenya                           51 Direct Support and
                                  DISSIDENTS:                                                                                                                                         58 List of Acronyms and
15 Ireland                                                                                           Guides
                                  Kenya, Hungary, India,       39 South Africa                                                                                                           Abbreviations
16 Israel                         and Russia                                                      52 Dissemination and Public
                                                               40 Militarized Responses by                                                                                            59 Endnotes
                                                                                                     Engagement
17 United Kingdom              29 FORCED EVICTIONS                Law Enforcement during
                                                                                                                                                                                      61 Acknowledgements
                                  DURING THE                      the Pandemic: Colombia,         53 Other Monitoring and
18 United States                                                  Kenya, South Africa, and
                                  PANDEMIC:                                                          Analysis Initiatives
19 MAIN TAKEAWAYS                 Argentina, Colombia,            the United States
                                  Kenya, and South Africa
                                                               42 Precarious Conditions
                               33 MAIN TAKEAWAYS                  and Protests in Prisons:
                                                                  Argentina, Colombia,
                                                                  and Indonesia
                                                               43 MAIN TAKEAWAYS                  COVER IMAGE: lmnopi, “Protect Nurses,” Urban Art Mapping: Covid-19 Street Art , accessed May 3, 2021

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PROTESTING DURING A PANDEMIC - STATE RESPONSES DURING COVID-19 APRIL 2021 - INCLO
PROTESTING DURING A PANDEMIC                                      STATE RESPONSES DURING COVID-19

ABOUT INCLO

The International Network of Civil Liberties     The members of INCLO are: the Agora                INCLO advocates against government and              their use on the meaningful enjoyment of the
Organizations (INCLO) is a network of            International Human Rights Group (Agora,           police repression, and criminalisation of social    rights to freedom of assembly and expression.
fifteen independent national human rights        Russia); the American Civil Liberties Union        protests and human rights activism. In fulfilling   The third report Defending Dissent: Towards
organisations from different countries in the    (ACLU, United States); the Association             its mandate, INCLO has published three              State Practices that Promote and Protect
Global North and South. They work together to    for Civil Rights in Israel (ACRI, Israel); the     reports compiling standards and practices           the Right to Protest was published in 2018
promote fundamental rights and freedoms by       Canadian Civil Liberties Association (CCLA,        from INCLO jurisdictions. In 2013 INCLO             in collaboration with the International Human
supporting and mutually reinforcing the work     Canada); the Centro de Estudios Legales            published its first report, Take Back the           Rights Clinic (IHRC) of the University of
of member organisations in their respective      y Sociales (CELS, Argentina); Dejusticia           Streets: Repression and Criminalization of          Chicago Law School. The report provides a
countries and by collaborating on a bilateral    (Colombia); the Egyptian Initiative for            Protest around the World, which documents           roadmap on how states, and their policing and
and multilateral basis. Each organisation is     Personal Rights (EIPR, Egypt); the Human           case studies of police responses to protests        security institutions can find ways to better
multi-issue, multi-constituency, domestic        Rights Law Centre (HRLC, Australia);               from INCLO jurisdictions globally, drawing          serve the people, to protect their rights, and
in focus, independent of government, and         the Human Rights Law Network (HRLN,                out the common trends and underlying                to identify and address counterproductive
each advocates on behalf of all persons          India); the Hungarian Civil Liberties Union        problems. The second report, Lethal in              strategies and practices related to policing
in its country through a mix of litigation,      (HCLU, Hungary); the Irish Council for             Disguise: The Health Consequences of                protests and assemblies.
legislative campaigning, public education, and   Civil Liberties (ICCL, Ireland); the Kenya         Crowd-Control Weapons, was released in
grassroots advocacy.                             Human Rights Commission (KHRC, Kenya);             2016 in collaboration with Physicians for           Learn more at https://inclo.net
                                                 KontraS (Indonesia); the Legal Resources           Human Rights and documents the misuse
                                                 Centre (LRC, South Africa); and Liberty            and abuse of crowd-control weapons, their
                                                 (United Kingdom).                                  detrimental health effects, and the impact of
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PROTESTING DURING A PANDEMIC - STATE RESPONSES DURING COVID-19 APRIL 2021 - INCLO
PROTESTING DURING A PANDEMIC                                        STATE RESPONSES DURING COVID-19                                                                                      A. INTRODUCTION

A. INTRODUCTION                                                                                       FOR MORE ON UN GUIDANCE
                                                                                                      DURING THE COVID-19 CRISIS,
                                                                                                      HEAD TO PAGE 57.

The health, economic, and social emergency        civil liberties and human rights organizations      Minneapolis, United States, anti-racism            Indonesia, Colombia and Argentina.
caused by the COVID-19 pandemic cannot            have monitored and warned against the               and anti-police brutality demonstrations           The excessive and discriminatory use of force
be gainsaid. It has had an enormous global        immediate and long-term impacts these               were organized in more than 2,000 cities           by law enforcement and the criminalization of
impact since it was first detected in late-       measures can have on human rights. They             and towns in the United States and in more         protests are ongoing and well-documented
2019. States have taken a wide array of           have highlighted the need for responses that        than 60 countries. During these protests,          problems. Members of the International
measures in response to the crisis, ranging       — while based on science and following the          law enforcement officials not only failed to       Network of Civil Liberties Organizations
from limiting non-essential travel to severely    advice of health experts and professionals —        protect and facilitate the right to protest, but   (INCLO) such as the Association for Civil
curtailing movement and ordering full             focus on protecting people and their rights         used disproportionate and unnecessary force        Rights in Israel (ACRI), the American
country lockdowns to attempt to mitigate          during the pandemic and do not unnecessarily,       and arbitrary arrests that targeted peaceful       Civil Liberties Union (ACLU), the Centro
and prevent the spread of the deadly virus.       disproportionately, and in discriminatory ways      protesters, paramedics, and journalists, and       de Estudios Legales y Sociales (CELS)
In most instances, these measures have had        limit basic civil liberties.                        caused several deaths and injuries.                in Argentina, the Egyptian Initiative for
an immediate impact on civil liberties. More                                                                                                             Personal Rights (EIPR) the Legal Resources
than 96 countries have enforced emergency         Despite governments imposing significant            In some instances, protestors have found           Center (LRC) in South Africa, and the Kenya
measures, while 130 countries have                restrictions on gatherings, protests have           creative ways to express their grievances and      Human Rights Commission (KHRC) have
introduced measures that affect the right to      played a prominent part in the pandemic,            communicate their demands while following          all done work in this area. INCLO has also
assembly and 50 that affect free expression.      whether as a part of ongoing social movements       social distancing guidelines, such as the          addressed these issues in its previous reports
                                                  like in Chile, Hong Kong and India or catalyzed     car caravan protests in Hungary and the            Defending Dissent (2018), Lethal in Disguise
Despite the need for quick and effective          by ineffective governmental responses to the        United States, or placing flags on windows or      (2016),1 and Take Back the Streets (2013).
responses to the pandemic, the manner in          pandemic such as in Brazil. New protests            balconies to indicate an urgent need for help
which these measures have been implemented        have also emerged during the pandemic in            in Colombia. In other instances, protesters’       Comparing government responses and
has highlighted existing practices by some        response to police brutality, both inspired by      willingness to risk their health in order to       civil society tactics during the COVID-19
governments that curtail civil liberties,         the Black Lives Matter (BLM) movement or            protest was an indication of the dire situations   pandemic is a unique opportunity to
and how crisis responses may exacerbate           due to ongoing human rights violations like         they found themselves in, struggling to have       form a global perspective on the issues of
authoritarian tendencies and worsen existing      the anti-SARS protests in Nigeria. In response      enough to eat in India and South Africa, or        criminalization of protest, and excessive and
inequalities. From the beginning of the crisis,   to the police murder of George Floyd in             facing overcrowded prison conditions in            discriminatory forms of policing. It also offers

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PROTESTING DURING A PANDEMIC                              STATE RESPONSES DURING COVID-19                                         B. GOVERNMENT RESPONSES TO PROTEST DURING THE COVID-19 PANDEMIC

                  FOR MORE ON THE HUMAN RIGHTS
                  FRAMEWORK AROUND THE RIGHT TO
                  PROTEST, HEAD TO PAGE 56.

an entry point to ongoing questions and                                                       The health crisis did affect everyone, but         fact that some of these protests were met
debates regarding government responses                                                        not in the same manner. In many countries,         with police violence and suppression reaffirms
in times of crises and their impact on the                                                    marginalized communities, including racial         the critical need to protect the right to protest
right to protest, especially for marginalized                                                 minorities, were overwhelmingly affected           and its vital importance for more equal and

                                                  “
groups. States of emergency are addressed                                                     by the COVID-19 crisis, as has happened            pluralist societies.
in international human rights law and national                                                with many other social crises. These
laws to allow governments to respond to           ... the uneven application                  communities have been severely impacted by         Civil society organizations have sought to
crises. Human rights law allows restrictions      of states of emergencies                    lockdowns, faced worse living conditions and       support those protesting for their rights
of certain rights where necessary to protect      and other restrictions to                   disproportionately high numbers of deaths.         during the pandemic and to push back
national security, public safety, or order,       rights during the pandemic                  It may not be a coincidence that the biggest       against authoritarian tendencies that sought
health or the fundamental rights and              has highlighted pervasive                   protests against racism in decades arose in        to misuse and abuse measures meant to
freedoms of others. However, the uneven           inequalities and exacerbated                the middle of the pandemic.                        respond to the COVID-19 crisis. INCLO
application of states of emergencies and other    difficult relationships                                                                        member organizations have advocated for
restrictions to rights during the pandemic        between law enforcement                     These communities faced both the impacts           more community-led and human rights-
has highlighted pervasive inequalities and        and communities that are                    of the virus spreading quickly in crowded          centered approaches to pandemic responses.
exacerbated difficult relationships between                                                   spaces and the state’s failure to alleviate        They have highlighted the need for these
                                                  disproportionately targeted.
law enforcement and communities that are                                                      the economic hardships of the lockdowns            responses to both address the unique context
disproportionately targeted. This paper seeks                                                 or to address longstanding structural              of each country they are based in, and the
to engage with these challenges and better                                                    discrimination. Severe situations of inequality    common universal challenges that recognised
understand how to protect the right to protest                                                and massive protests demanding a change            civil liberties — especially the right to protest
during national and global health crises.                                                     in social policies were already happening in       — face today, while continuing to follow the
                                                                                              many countries when the pandemic started.          advice of public health experts. Given the
At the beginning of the pandemic,                                                             Analysis by INCLO member organizations             uncertain length of the COVID-19 pandemic,
commentators noted that the crisis would                                                      shows that the pandemic further exacerbated        identifying these practices can provide
affect everyone, and that the virus would not           FIND THE OHCHR’S
                                                                                              and crystallized existing inequalities which, in   valuable tools and strategies for activists,
                                                        RECOMMENDATIONS ON EMERGENCY
discriminate. Very quickly, it became clear             MEASURES DURING THE COVID-19 CRISIS   turn, contributed to the eruption of protests      protesters, civil society, and human rights
                                                        IN PAGE 57.
that this prediction was not entirely correct.                                                against systemic racism and exclusion. The         groups both during this crisis and in future.2
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PROTESTING DURING A PANDEMIC - STATE RESPONSES DURING COVID-19 APRIL 2021 - INCLO
PROTESTING DURING A PANDEMIC                    STATE RESPONSES DURING COVID-19                                                  B. GOVERNMENT RESPONSES TO PROTEST DURING THE COVID-19 PANDEMIC

B. GOVERNMENT RESPONSES
TO PROTEST DURING THE
COVID-19 PANDEMIC

                                                                                  George Floyd Protest Donald Trump Birthday Protest - New York City
                                                                                  IRA L. BLACK/CORBIS VIA GETTY IMAGES

          CRIMINALIZATION      A large majority of countries issued measures
                               in response to the COVID-19 pandemic
               OF PROTEST      that placed bans or severe restrictions on
                               public assemblies and thus impacted the
                               right to protest. Protests have continued
                               to take place, with some respecting social
                               distancing guidelines. Protests have mobilized
                               people from a wide political spectrum and
                               communicated discontent related to issues
                               ranging from ineffective pandemic responses,

                                                                                        “
                               economic hardships occasioned by the
                               pandemic, and ongoing police brutality to
                               discontent instigated by conspiracy theories
                               and far-right rhetoric. Civil liberties and
                                                                                        Civil liberties and human rights
                               human rights groups have raised concerns
                                                                                        groups have raised concern
                               about ineffective approaches to the pandemic             about ineffectives approaches
                               that have, in certain cases, led to the                  to the pandemic that have,
                               selective enforcement of criminal charges,               in certain cases, let to the
                               fines, and other penalties by governmental               selective enforcement [...] and
                               authorities towards protesters, and in others,           in others, the enforcements of
                               the enforcement of lockdowns that create                 lockdowns that create blanket
                               blanket bans on protests.                                bans on protests.
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PROTESTING DURING A PANDEMIC                                                                STATE RESPONSES DURING COVID-19                                        B. GOVERNMENT RESPONSES TO PROTEST DURING THE COVID-19 PANDEMIC

                                                                                                                              HUNGARY
                                                                                                                              In Hungary, the government introduced a
                                                                                                                              general ban on protests allegedly to counter
                                                                                                                              the COVID 19 pandemic. As a result, two
                                                                                                                              independent Members of Parliament (MPs)
                                                                                                                              and an opposition party called for a driving
                                                                                                                              demonstration to protest the government’s
                                                                                                                              decision to evict current patients to free up
                                                                                                                              hospital beds as well as other failures in dealing
                                                                                                                              with the health crisis. The first protest held on
Protesters at a Black Lives Matter rally in Melbourne in June 2020. GETTTY / QUINN ROONEY                                     20 April 2020 received little response from          Lorem ipsum dolor sit amet, consectetur adipiscing elit. Lorem
                                                                                                                              law enforcement. When the organizers called          ipsum dolor sit amet, consectetur adipiscing elit.
                                                                                                                                                                                   BOTOS TAMÁS / 444.HU
                                                                                                                              for weekly driving protests, police began
AUSTRALIA
                                                                                                                              cracking down and allocating excessive, and
                                                                                                                                                                                                           IN RESPONSE, HCLU REPRESENTED
In June 2020, massive Bla(c)k Lives Matter                          the Prime Minister announced that sports                  in some cases, repeated fines to protesters.                                 SEVERAL PROTESTERS AND CREATED

(BLM) / Aboriginal Lives Matter protests                            stadiums with crowds of up to 10 000 people               The organizers finally decided to cancel                                     A KNOW-YOUR-RIGHTS GUIDE VISITED
                                                                                                                                                                                                           BY OVER 1 MILLION PEOPLE. READ
took place across Australia, involving tens of                      were to reopen the following month. Protests              the sixth protest after the overwhelming                                     MORE ON PAGE 51.

thousands of protesters. Although organizers                        faced similar inconsistent responses by the               number of fines. Judicial reviews at the end
took extra measures to allow social distancing,                     courts, with some ruling protests unlawful and            of 2020 modified the fines to warnings. The
government officials condemned the protests,                        others allowing them to continue. In Sydney,              crackdown on these protests that respected
including the Australian Prime Minister who                         a last-minute decision by the Court of                    social distancing guidelines were in sharp
made a statement that protestors marching                           Appeal reversed the previous day’s Supreme                contrast to the Hungarian government’s
for BLM threatened the country’s economic                           Court ruling, authorizing almost 10 000                   response to a protest organized by far-right
recovery from the pandemic and should be                            protesters to demonstrate without the fear                groups that gathered several thousand people
charged if they marched. Some government                            of arrest under the COVID-19 restrictions.                in Budapest on 28 May 2020. The reasons
ministers suggested that BLM protesters                             Another decision by the New South Wales                   for the different treatment of protests by
should lose social security payments, with one                      (NSW) Supreme Court prohibited a protest                  law enforcement remains unclear, but it
minister calling for protesters to return health                    for refugee rights, which was expected to                 has undermined public confidence in the
related payments in advance of attending the                        attract between 150 and 200 protesters, due               authorities and has led to uncertainty among
protests. This statement came just days before                      to health risks.                                          citizens intending to protest in the future.
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PROTESTING DURING A PANDEMIC                                                                STATE RESPONSES DURING COVID-19                                     B. GOVERNMENT RESPONSES TO PROTEST DURING THE COVID-19 PANDEMIC

                                                                                                                                                                               Dublin, Ireland - 1 June 2020 : Thousands of people marched
                                                                                                                                                                               through Dublin in solidarity with Black Lives Matter protesters in
                                                                                                                                                                               the United States. SHUTTERSTOCK / 4H4 PHOTOGRAPHY

     Indonesia - 22 Oct 2020 : A man attempted to invade a trans-
       mitting pole and raise a flag during the protest against the Job
                                                         Creation Act.
                                                  RIVANLEE ANANDAR

                                                                                                                                                                               The debate around whether protest should
                                                                                                                                                                               be allowed became urgent when the first
                                                                                                                                                                               large marches during the pandemic were
INDONESIA
                                                                                                                                                                               organized in solidarity with BLM. In contrast
Since the beginning of the COVID-19                                                                                                                                            with previous protests during the pandemic
pandemic, Indonesian authorities, especially                                                                                                                                   that ranged from a few protesters to a few
the police force, have released several                                                                                                                                        dozen, on 1 June, between 1 000 and 5 000
regulations that have impacted the right to                                                                                                                                    people took part in a BLM solidarity march in
                                                                                                                              IRELAND
protest. Notably, the chief of the Indonesian                             These policies and instructions were not                                                             Dublin. Although demonstrators largely wore
National Police instructed the police force to                            consistently applied by law enforcement. The        In Ireland, the COVID-19 crisis gave rise to     face masks, the Gardaí — the Irish Police
criminally charge anyone who, according to                                police used pandemic restrictions on gatherings     a debate regarding whether protests should       Service — took the details of some protesters
the police, was guilty of defamation toward                               to disperse several protests against special        be allowed as a reasonable excuse to leave       indicating that despite their attempts to
the president, other public officials, or state                           autonomy in Papua and a protest regarding           one’s place of residence during COVID-19.        respect social distancing guidelines, they
institutions. These instructions were in direct                           minimum wages in Batam. In contrast, several        At different points during 2020, different       needed to investigate breaches of COVID-19
conflict with a ruling by the Constitutional                              gatherings organized by public officials were       sizes of gatherings for events were allowed      regulations, in particular the restrictions on
Court in 2007 that had revoked articles in the                            not forcefully dispersed, including a concert       from 15 to 50 people. However, regulations       organizing events. The media reported that
Penal Code regarding criminal defamation.                                 arranged by the head of a Regional People’s         did not expressly carve out the protest as a     the police had passed files to the Director of
The chief of the Indonesian National Police                               Representative Office in Tegal, Central Java.       reasonable excuse exemption. As a result,        Public Prosecutions to potentially prosecute
also provided additional instructions to all                              The Indonesian government also decided to           protests were policed inconsistently during      these breaches by BLM protest organizers
police branches stating that permission for                               hold simultaneous regional elections in 270         the pandemic, sometimes depending on             and by far rights protesters opposing the
any gatherings, including protests, should                                regions, which meant numerous gatherings            region, with police cracking down on protests    lockdown. However, there have been no
not be given; that the health quarantine                                  for political campaigning. KontraS found            in Dublin in the early stages of the pandemic,   publicly reported prosecutions for organizing
law should be used to criminally prosecute                                that many gatherings during the election            more so than in other regions. However, as       protests. Although the Gardaí’s response
anyone who engaged in gatherings; and that                                campaign period failed to strictly implement        restrictions were eased into the summer more     did not stop all demonstrations, it did have
the police’s public relations strategy should                             health protocols such as physical distancing        and more protests could take place, including    a chilling effect on some organizers who
dissuade people from gathering.                                           and wearing masks.                                  those opposing the lockdown.                     cancelled planned protests.
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PROTESTING DURING A PANDEMIC                                                        STATE RESPONSES DURING COVID-19                                        B. GOVERNMENT RESPONSES TO PROTEST DURING THE COVID-19 PANDEMIC

ISRAEL
In mid-March, Israel announced a partial                          Among other practices, the police extensively
lockdown and several measures, including a                        enforced the offence of “refusal of an
ban on gatherings of more than 10 people,                         instruction to disperse a gathering”. Many
to minimize the COVID-19 outbreak.                                protestors and passers-by were given fines
Despite these measures, a wide range                              despite no order to disperse being issued.
of protests were organized throughout                             At demonstrations in Tel Aviv, protestors
the year, despite challenges from police                          were fined in instances when the police
who responded to protests inconsistently                          itself surrounded them and blocked their
and misapplied COVID-19 regulations.                              exit and egress (known as the “kettling).
Israeli law enforcement reportedly used                           Demonstrators who organized protests were
fines and arrests in an unjustified and                           often fined when they did not present any
discriminatory manner, and as a means                             risk of infection or any danger of any other
for dispersing demonstrations or for                              kind to the public. As early as March 2020,
punishing demonstrators for participating                         significant fines were issued to hundreds of
in the protests. Monitoring groups have                           demonstrators who participated in a convoy
also warned of a new practice of law                              to Jerusalem and the Knesset protesting
enforcement officers filming protesters on                        parliamentary and political developments.
their cellphones, which deter demonstrators                       The fines were issued at dedicated roadblocks
and violate their freedom of expression, their                    established by the police for this purpose.                                      A woman protests the death of George Floyd in Mineapolis. THABO JAIYESIMI/ALAMY LIVE NEWS

right to protest, and their right to privacy.                     The result of these policing practices during       UNITED KINGDOM
                                                                  the pandemic is the unjustified denial of           In the United Kingdom, unclear lockdown                 sentences for damaging statues, while other
                                                                  demonstrators’ liberty, their stigmatization as     regulations — brought in unnecessarily using            government authorities put forward a measure
                                                                  lawbreakers, and the deterrence of citizens         emergency powers and without effective                  under which protesters could be jailed within
                                                                  from participating in the protests.                 parliamentary oversight — have been used                24 hours. This was particularly alarming
                                                                                                                      by police to restrict the right to protest. As          given the growing evidence of widening
                                                                                                                      a result of the government’s refusal to allow           disproportionality in policing practices in the
                                                                                                                      and facilitate protests during the lockdown,            United Kingdom and the findings of a Liberty
                                                                                                                      people’s administrative law rights to challenge         Investigates report that found that expanded
                                                                                                                      these decisions have been undermined                    police powers during the pandemic had been
                                                                                                                      and protesters have been criminalized and               overwhelmingly deployed against people
                                                                                                                      intimidated. Threats of prosecution of                  of colour.
                                                                                                                      protesters were made by government officials
                                                                                                                      after the removal of a slave trader statue by
                                                                                                                      protesters in Bristol, which sparked counter-                                   TO READ MORE ABOUT LIBERTY
                                                                                                                                                                                                   INVESTIGATES REPORT AND OTHER
Around 6000 Israelis and Palestinians protest against                                                                 protests from conservative groups. Ministers                                  ACTIONS THEY TOOK DURING THE
Netanyahu’s plan to annex parts of the West Bank in July, Rabin
square, Tel Aviv, June 6, 2020. ACTIVESTILLS / OREN ZIV                                                               indicated they would support extending                                       COVID-19 CRISIS, HEAD TO PAGE 49.

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PROTESTING DURING A PANDEMIC - STATE RESPONSES DURING COVID-19 APRIL 2021 - INCLO
Los Angeles, California / USA - May 28, 2020: People in
                                                  Downtown Los Angeles protest the brutal Police killing of George
                                                  Floyd. SHUTTERSTOCK / MATT GUSH

                                                  journalists who were in the process of covering
UNITED STATES                                     protests. Since 26 May 2020, there have
                                                  been over 400 instances of journalists being
More than any other protest movement of           detained, assaulted, or otherwise prevented
2020, the BLM demonstrations sparked              from performing their duties by police.
                                                                                                                     LONDON Zabou, “Racism is a virus,” Urban Art Mapping: Covid-19 Street Art , accessed April 8, 2021.

by the murder of George Floyd by a police
                                                                                                                                                                          MAIN TAKEAWAYS
officer and other similar incidents have          Amidst the COVID-19 pandemic, police
tested and highlighted the disparities in the     failures to facilitate peaceful protests
enforcement of COVID-19 regulations that          (including by refusing to wear masks) also
limit gatherings in the United States. The use    increased health risks for police, protesters,                                          In response to the COVID-19 pandemic, governments have introduced
of curfews to curb rallies, mass detentions       bystanders, and the community at large.                                                 measures that have impacted and restricted the right to protest, even when
of peaceful protesters and the threats by         Specific police tactics like kettling —                                                 protest organizers have taken measures to follow social distancing guidelines,
authorities to prosecute demonstrators            essentially trapping protesters and bystanders                                          such as in Hungary, Ireland, and Australia.
indicate a desire to clamp down on protesters,    into a limited, often crowded area with only
rather than protecting the health of protesters   one point of exit controlled by officers —
or defending their right to protest. Federal,     were even more troubling during a pandemic
                                                                                                                                          Governmental authorities, including law enforcement institutions, have used
state, and local governments resorted to          because they heighten the risk of infection
                                                                                                                                          COVID-19 measures to threaten protesters and activists with fines and
excessive and indiscriminate use of force,        by forcing large numbers of people closer
                                                                                                                                          prosecution in Australia, Hungary, Indonesia, Ireland, Israel, and the United
arrests, and attacks on BLM protesters. Over      together. Similarly, arresting protesters
                                                                                                                                          Kingdom, among others.
17,000 protesters were arrested in the first      and holding them overnight would likely
two weeks following George Floyd’s murder         exacerbate the spread of COVID-19, pushing
alone.3 In the vast majority of these cases,      more people into jails that had become
charges against protesters were dropped,          hotbeds of infection. And public health
                                                                                                                                          Law enforcement officers have been deployed unevenly to respond to
dismissed, or otherwise not filed, indicating     experts cautioned that the use of particular
                                                                                                                                          protests during the COVID-19 pandemic in Australia, Indonesia, Israel, and
that the mass arrests were baseless. Police       police weapons, including tear gas and pepper
                                                                                                                                          the United States, leading to questions around the objective, purpose, and
also targeted journalists who had visible press   spray, could heighten COVID-19 risks by
                                                                                                                                          role of law enforcement in a public health crisis.
identification, causing injuries and detaining    causing people to cough and gasp for air.

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PROTESTING DURING A PANDEMIC                     STATE RESPONSES DURING COVID-19                                       B. GOVERNMENT RESPONSES TO PROTEST DURING THE COVID-19 PANDEMIC

                                                                                   THE CONCENTRATION OF
                                                                                   STATE POWER: HUNGARY
                                                                                   AND RUSSIA
                                                                                   The COVID-19 responses by the Hungarian
                                                                                   and Russian governments have sought to take
                                                                                   advantage of an emergency to expand their
                                                                                   powers. In March, the Hungarian government
          EXCESSIVE AND        To swiftly respond to the health crisis, many
                                                                                   declared a national “state of danger” to counter
                               states declared states of emergency, giving
        DISCRIMINATORY         authorities and law enforcement more power
                                                                                   the COVID-19 pandemic and a subsequent
                                                                                   law extended the government’s power to
     IMPLEMENTATION OF         with fewer restrictions. Civil society groups
                                                                                   rule by decree. On 16 June, the Hungarian
                               have been vocal about the potential danger of
      COVID-19 RESPONSE        these expanded powers when their use is not
                                                                                   Parliament voted to end the controversial
               MEASURES        limited to the health crisis response, and there
                                                                                   emergency powers, but civil rights groups
                                                                                   remain concerned that those emergency
                               is no clear deadline by when those powers will
                                                                                   powers will be integrated into normal law.
                               be scaled back. Without these parameters
                                                                                   Their fears were substantiated, as after the       RUSSIA
                               present, COVID-19 responses have been                                                                  Nikita Nomerz, “Social distance,” Urban Art Mapping: Covid-19
                                                                                   parliament enacted a health emergency law,         Street Art , accessed March 29, 2021.
                               used by some governments to continue
                                                                                   intending to empower the government to
                               their efforts to expand and concentrate
                                                                                   tackle the next waves of the pandemic, the
                               their power and target dissidents. The
                                                                                   government again declared a state of danger.
                               implementation of COVID-19 governmental
                               responses has also highlighted long-term
                                                                                   In Russia, the Parliament approved a law
                               structural issues which overwhelmingly affect
                                                                                   allowing the federal and regional authorities
                               the economically marginalized.
                                                                                   to enact unchecked restrictions on human
                                                                                   rights in the course of a so-called “high alert
                                                                                   preceding a situation of emergency”. This
                                                                                   vague regime of “high alert” was used instead
                                                                                   of the pre-existing “quarantine”, “situation of
                                                                                   emergency”, and “state of emergency,” all of
                                                                                   which had more precise legal frameworks. In
                                                                                   both of these cases, these efforts to expand
                                                                                   and consolidate power are not a departure
                                                                                   from, but rather a continuation of, the current
                                                                                   government’s authoritarian tendencies.
20                                                                                                                                                                                               21
PROTESTING DURING A PANDEMIC                                                     STATE RESPONSES DURING COVID-19                                     B. GOVERNMENT RESPONSES TO PROTEST DURING THE COVID-19 PANDEMIC

                                                   CANADA
      A Bronwyn Schuster, “Woman with face mask,” Urban Art
     Mapping: Covid-19 Street Art , accessed March 29, 2021.

ABUSE OF STATES OF
EMERGENCY: CANADA,
COLOMBIA, IRELAND, AND
THE UNITED KINGDOM

Despite there not being a clear timeline for                   In Canada, several provinces took steps to          The Colombian government’s COVID-19              People ask for food with red rags hanging from their windows on
                                                                                                                                                                    a poor neighborhood on April 25, 2020 in Bogota, Colombia.
a resolution to the COVID-19 pandemic,                         amend their emergency laws, attempting to           response, although more centralized, included    JOHN VIZCAINO / VIEWPRESS VIA GETTY IMAGES
the issuing of broad emergency measures                        broaden powers conferred on the executive           over 100 decrees. The first decree, issued in
with specific time limits has been a primary                   branch during an emergency. In Alberta, for         March 2020, declared a state of economic,
concern of monitoring groups. The dangers of                   example, the government rushed through              social, and ecological emergency. Further
                                                                                                                                                                                          THE IACHR’S RECOMMENDATIONS
emergency powers, without a clear end date,                    legislation that retroactively sought to validate   decrees developed measures to alleviate                                TO COLOMBIA AND OTHER LATIN
mobilized the Irish Council for Civil Liberties                legal orders that it had previously made as         the crisis caused by COVID-19. Dejusticia                              AMERICAN GOVERNMENTS
                                                                                                                                                                                          EMPHASIZED THE CRITICAL NEED TO
(ICCL) who closely monitored proposed                          part of the state of emergency and expand           intervened in the constitutionality review of                          PROTECT HUMAN RIGHTS DEFENDERS.

emergency legislation. Their in-depth analysis                 the powers of the executive going forward.          the decree declaring the State of Emergency,                           TO FIND THE FULL GUIDANCE AND
                                                                                                                                                                                          OTHERS, HEAD TO PAGE 57.
was sent to all members of the Irish Parliament                The changes to the law were widely criticized       which was ultimately declared constitutional.
ahead of debates and ultimately secured                        and a special committee was charged                 Despite the declaration of constitutionality,
a sunset clause (a clause that stipulates                      with reviewing the changes. The Canadian            the decree allowed for certain abusive
when specific provisions will cease to have                    Civil Liberties Association (CCLA) made             measures and the excessive use of force from
legal effect) in the emergency legislation.                    submissions before that committee and the           the Police in compliance with the measures
Similarly, Liberty alongside a coalition of civil              government has since promised to repeal the         decreed by the government. For example,
society groups monitored the development                       changes to the law. In Ontario, the provincial      the decree included the imposition of fines
of the emergency Coronavirus Act in the                        government also rushed through legislation to       for not complying with confinement, the
UniteKingdom. These monitoring efforts led                     allow it to continue to exercise extraordinary      militarization of cities, and the abuse of
to the inclusion of a provision providing for a                emergency-like powers, despite ending the           authority in access control to businesses and
parliamentary vote on the extension of the                     official state of emergency and significant         public spaces.
legislation every six months.                                  concerns being raised by the CCLA and
                                                               other civil society groups.
22                                                                                                                                                                                                                               23
PROTESTING DURING A PANDEMIC                                                             STATE RESPONSES DURING COVID-19                                                            B. GOVERNMENT RESPONSES TO PROTEST DURING THE COVID-19 PANDEMIC

The Fearless Collective is a group of women who street art with
local communities. OPEN DEMOCRACY / GAYATRI GANJU

TARGETING DISSIDENTS:
KENYA, HUNGARY, INDIA,                                              Police officers patrol on March 30, 2020 on the deserted Red    An activist is detained by security forces during anti-government protests dubbed “Saba Saba People’s March”, in downtown Nairobi,
AND RUSSIA                                                        square, Moscow as the city and its surrounding regions imposed
                                                                                    lockdowns to slow the spread of the COVID-19.
                                                                                                                                    Kenya July 7, 2020. REUTERS / THOMAS MUKOYA

                                                                                                 GETTY IMAGES / DIMITAR DILKOFF

In response to the pandemic, Russia’s                             with a reckless disregard for its truth or                        arrest, demonstrating the legislation’s aim of                      Similarly, in Kenya, pandemic restrictions
Criminal Code was amended to establish                            falsehood with intent to obstruct or prevent                      chilling the expression of critical views of the                    were used to clamp down on the annual
prison sentences of three to five years for the                   the effectiveness of protective measures                          government during the pandemic.                                     commemorative march known as Saba Saba
public dissemination of false information that                    could be punished with one to five years                                                                                              held on 7 July and arrest the activists that
threatens public health. The dissemination                        of imprisonment. Uncertainty about the                            In India, COVID-19 regulations caused a long-                       organized it. More than 50 activists were
of information on the pandemic, if deemed                         wording of the measure and the expansion                          lasting sit-in demonstration against a new                          arrested as they marched in Nairobi protesting
false by the authorities, became a regulatory                     of its applicability beyond scenes of public                      citizenship law that is discriminatory against                      against police brutality in the enforcement of
offence punishable by fines. Several                              danger resulted in a chilling effect on critical                  Muslims to end. The sit-in demonstration had                        a curfew to contain the rise of coronavirus
convictions occurred under both provisions,                       views on the effectiveness of the pandemic-                       been in place in Shaheen Bagh, Delhi since                          cases. Heavily armed police officers were
with all accused’s sentenced to non-custodial                     related governmental measures. Shortly after                      December 2019 and had originally gathered                           deployed to disperse demonstrators and were
sentences, including for a factually verified                     its commencement, the Hungarian police                            hundreds of thousands of people. Despite                            accused of infringing free speech as they
social media post on the shortages of                             started to apply the new rule in a demonstrative                  limiting demonstrators to a few dozen people                        targeted protest organizers in their arrests.
protective gear for doctors.4                                     way: two citizens, one of them an opposition                      to respect the government’s social distancing                       Similar accusations were made when police
                                                                  activist, who expressed their opinion on                          guidelines, on 24 March 2020, hundreds                              tear-gassed demonstrations protesting
Hungary created similar new crimes under                          social media had their homes raided and                           of police in riot gear forced the protesters                        alleged corruption and theft of supplies by
its emergency regulations. Based on these                         were arrested for scare-mongering. Though                         to leave, arresting nine people who resisted                        government officials in charge of the fight
regulations, any communication or publishing                      the prosecutor decided not to prosecute,                          and bulldozing the tents and banners at the                         against COVID-19.
of a statement one knew to be false or                            the police still published its recordings of the                  protest site.
24                                                                                                                                                                                                                                                                   25
PROTESTING DURING A PANDEMIC                                                                    STATE RESPONSES DURING COVID-19                                                           B. GOVERNMENT RESPONSES TO PROTEST DURING THE COVID-19 PANDEMIC

                                                                                                                                                                                                            conducted early in the morning with families
                                                                                                                                                                                                            saying they had received notice less than
                                                                                                                                                                                                            24 hours prior, or no notice at all and in
                                                                                                                                                                                                            total disregard of a Court order that KHRC
                                                                                                                                                                                                            had obtained barring any eviction of these
                                                                                                                                                                                                            residents. Police officers would later on
                                                                                                                                                                                                            forcefully disperse residents using tear gas
                                                                                                                                                                                                            and water cannons after they blocked a busy
                                                                                                                                                                                                            bridge in protest.

                                                                                                                                                                                                            In South Africa, social justice organizations
                                                                                                                                                                                                            highlighted the impossibility of many to
                                                                                                                                                                                                            follow safety protocols given their lack
                                                                                                                                                                                                            of adequate housing or proper access to
                                                                                                                                                                                                            water and sanitation and advocated for
                                                                                                                                                                                                            better protections for the most vulnerable.
In Argentina, in late-October, about 1 400 families living in the informal settlement, Guernica, were evicted and their homes destroyed   People ask for food with red rags hanging from their windows on   Additionally, there were concerns raised about
and burned by law-enforcement officers. ANRed / GERMÁN ROMEO PENA                                                                         a poor neighborhood on April 25, 2020 in Bogota, Colombia.        evictions, removals, and demolitions being
                                                                                                                                          GETTY IMAGES / JOHN VIZCAINO
                                                                                                                                                                                                            carried out in different parts of the country.
FORCED EVICTIONS                                                                                                                          From the start of the national lockdown,                          The LRC filed several application proceedings
DURING THE                                                             officers. Over 4 000 police officers were                          workers in the informal sector in Colombia                        to halt illegal evictions and harassment of
PANDEMIC: ARGENTINA,                                                   involved in the removal of Guernica residents,                     protested the government measures that                            residents of informal settlements by the City
COLOMBIA, KENYA, AND                                                   which included families with children. Many of                     decimated their source of income. The                             of Cape Town.

                                                                                                                                                                                                                   “
SOUTH AFRICA                                                           the residents were removed violently and with                      protesters have also demanded financial
                                                                       the use of pepper spray and rubber bullets. 46                     support. At the start of April, people began
The economic impact of lockdown                                        residents were detained. Since the end of July,                    placing red cloths on their windows to                                   The economic impact of
requirements during the pandemic hit those                             over 2 500 families — previously homeless                          indicate a need for food and other supplies.
                                                                                                                                                                                                                   lockdown requirements
working in the informal sector and the                                 or in precarious living situations — had settled                   In an informal settlement in Bogotá, residents
                                                                                                                                                                                                                   during the pandemic hit
unemployed especially hard. In some places,                            in this private land in the periphery of Buenos                    were evicted during police raids and had their
the government response to the pandemic has                            Aires, although the majority had already
                                                                                                                                                                                                                   those working in the informal
                                                                                                                                          homes partially destroyed. To carry out these
made their situation even worse, increasing                            agreed to reallocate. CELS and other human                         evictions, the Mayor’s Office of Bogotá
                                                                                                                                                                                                                   sector and the unemployed
the difficulties to meet their basic needs of                          rights organizations criticized the handling of                    authorized the Mobile Anti-Riot Squad to
                                                                                                                                                                                                                   especially hard. In some
shelter and food.                                                      the situation, stating that it failed to address                   use force, including the use of irritating gases                         places, the government
                                                                       the economic and housing crisis the Guernica                       and other less-lethal weapons.                                           response to the pandemic
In Argentina, in late-October, about 1 400                             settlement embodied and that the forced                                                                                                     has made their situation
families living in the informal settlement,                            eviction ignored ongoing dialogue that civil                       In Nairobi, officials forcibly evicted 7 000                             even worse, increasing the
Guernica, were evicted and their homes                                 groups were facilitating between residents                         people living in informal settlements and                                difficulties to meet their basic
destroyed and burned by law-enforcement                                and the provincial government authorities.                         bulldozed their homes. The evictions were                                needs of shelter and food.
26                                                                                                                                                                                                                                                      27
PROTESTING DURING A PANDEMIC                                       STATE RESPONSES DURING COVID-19                                                  B. GOVERNMENT RESPONSES TO PROTEST DURING THE COVID-19 PANDEMIC

                                                         TO READ ON HOW A COALITION ADVOCATED
                                                         FOR BETTER CONDITIONS FOR THE HOMELESS
                                                         POPULATION IN TORONTO DURING THE COVID-19
                                                         CRISIS, HEAD TO PAGE 50.

THE DISPROPORTIONATE
IMPACT OF COVID-19
MEASURES ON
MARGINALIZED
COMMUNITIES: CANADA,
COLOMBIA, ISRAEL, UNITED
KINGDOM, AND THE
UNITED STATES                                                                                        Toronto, Canada - Oct 27, 2020: Sign winter is coming we need
                                                                                                     permanent housing now at homeless tent camp at Trinity Bellwods
                                                                                                     Park. SHUTTERSTOCK / ELENA BERD
Black, indigenous, and people of                 the homeless was successful, but not before
colour (BIPOC) communities have                  several homeless persons were given hefty
been disproportionately impacted by              fines and one homeless man died tragically
the COVID-19 pandemic and the                    just steps away from a shelter that was closed                                                                          USA “BLM Cop Car: A Riot is the Language of the Unheard,”
implementation of regulations.5 Structural       for the night.                                                                                                         George Floyd & Anti-Racist Street Art , accessed April 8, 2021.

inequality and pervasive racial disparities
in policing practices have become further        In Colombia, the relationship between socio-        investigations found that those most likely to                    family. He died hours later in his bed from a
crystallized in the different responses from     economic inequality and police abuse has            suffer from police abuse were lower-income                        cranio-cerebral injury. The death of Anderson
law enforcement to those protesting during       become even more pronounced during the              persons that identify as Black or indigenous                      Arboleda is part of a consistent pattern
the pandemic.                                    pandemic. After heavy police repression             and whose appearance is connected to an                           of arbitrary violence and impunity by law
                                                 occurred during #9S protests on 9, 10               urban subculture.                                                 enforcement against historically marginalized
In Canada, the CCLA was vocal about the          and 11 September 2020, Cerosetenta, an                                                                                populations in Colombia.
impact of punishing individuals who were         independent digital journalism platform,            As protests triggered by the murder of
unable to obey public health rules (because      conducted an investigation using more than          George Floyd grew in the United States and                        Indigenous peoples in Colombia have also
of personal circumstances like homelessness)     200 videos collected on social media that           around the world, Dejusticia drew parallels to                    disproportionately suffered during the
and raised concerns that measures like curfews   indicated that police disproportionately            the recent murders of two young people by                         pandemic. Before COVID 19, indigenous
and stay-at-home orders created conditions       used excessive force when responding to             police in Colombia. One of them, Anderson                         peoples were already facing marginalization
that were ripe for abuse by law enforcement.     demonstrations in middle-class or poor              Arboleda, a person of African descent, was                        due to a majority living in poverty and their
When the province of Quebec instituted a         neighbourhoods. Data regarding shots                killed by police on 20 May 2020 outside of                        rights to health, food, drinking water, among
curfew during the second wave of infections,     fired and people injured and killed by police       his home. Anderson was attacked by police                         others being historically violated. The Wayúu
the government argued that homeless people       were consistent with the trends found in            for allegedly violating quarantine rules when                     people, for example, who live in the La
would not be exempt, stating, inaccurately,      investigations carried out by Dejusticia in         saying goodbye to his younger brother from                        Guajira peninsula, face serious and structural
that there were adequate shelter spaces. A       2013 and 2015, both focused on police               the door of his house. Police hit him on the                      problems in accessing their fundamental
legal challenge to the curfew’s application to   forces, security, and inequality. These             head twice and used tear gas on him and his                       rights. For years, children have been dying
28                                                                                                                                                                                                                                  29
PROTESTING DURING A PANDEMIC                                                                    STATE RESPONSES DURING COVID-19                                                           B. GOVERNMENT RESPONSES TO PROTEST DURING THE COVID-19 PANDEMIC

                                                                                                                                          Demonstrators in Plaza de de Bolívar in Bogotá during the
                                                                                                                                          National Strike.
                                                                                                                                          LIA VALERO

Around 6000 Israelis and Palestinians protest against Netanyahu’s plan to annex parts of the West Bank in July, Rabin square, Tel Aviv,                                                                  ENGLAND Artist: Tommy Fiendish (@tommyfiendish)Photographer:
June 6, 2020. ACTIVESTILLS / OREN ZIV                                                                                                                                                                     @vera_is_my_name_50, “Fear and Salvation,” Urban Art Map-
                                                                                                                                                                                                                     ping: Covid-19 Street Art , accessed April 8, 2021.

of malnutrition and dehydration due to a                               not been enough and protests have been                             by the police as a threat requiring a harsh                    by Liberty’s investigative journalism unit,
lack of food and clean water. Despite having                           repressed by the police. Likewise, the closure                     response and the use of force. This pattern                    Liberty Investigates, found that nationally
judicial pronouncements on the matter, the                             of schools has left children without access                        has been seen, for example, during protests                    people of colour were over 50 per cent more
government’s plans to address this problem                             to the school feeding program. The scope                           by members of the Ethiopian community                          likely than white people to be handed a fine for
of rights violations have been insufficient.                           of the impact of the government measures                           against police violence, demonstrations by                     breaching the lockdown. There is no statutory
                                                                       may go even further, however it is hard to                         Haredim opposed to military service, and                       right of appeal against fines. The only route
The pandemic has created even greater                                  accurately measure given that institutions do                      demonstrations by the Arab population.                         available to people who wish to challenge a
difficulties for the Wayúu people, who in                              not systematically record information, leading                     These responses create a sense of exclusion,                   fine they believe was unfairly levied is to refuse
addition to contagion by coronavirus must                              to underreporting.                                                 contempt, and degradation, and has severe                      to pay and risk criminal prosecution. A group
worry about hunger. Mandatory isolation                                                                                                   social consequences.                                           of lawyers and civil society organizations
measures and restrictions on movement                                  In Israel, discrimination in the exercise of                                                                                      (CSOs), which included Liberty, wrote to the
have had negative consequences for the                                 enforcement powers and racial profiling is                         In the United Kingdom, Liberty warned that                     National Police Chiefs Council (NPCC) on
many Wayúu people working in the tourism                               not a new phenomenon. For many years,                              handing police broad powers to enforce                         20 May 2020 to call for a wholesale review
sector, both formally and informally, who                              the police have adopted a hardline policy                          restrictions on movement and gatherings                        of all fines that had been issued, which could
without an income have difficulty accessing                            toward protestors from minority groups —                           during the pandemic, and urging them to use                    help explain the ethnic disparities. That same
food and water. Wayúu communities have                                 particularly Arabs, members of the Ethiopian                       “their discretion” when applying them, would                   day, the Joint Committee on Human Rights
blocked important avenues in protest to                                community, people of Mizrahi appearance, and                       lead to communities of colour bearing the                      called for a similar review. Liberty also warned
request government aid, but the aid has                                Haredim — who are automatically regarded                           brunt of arbitrary policing. Analysis conducted                that the use of expansive powers by police

30                                                                                                                                                                                                                                                                    31
hundreds of heavily armed riot police and
                                                                      unmarked federal officers in military-style
                                                                      uniforms who engaged in the suppression of
                                                                      anti-police violence protests. These police
                                                                      responses are taking place within a context
                                                                      of broader racial disparities in policing, in
                                                                      which Black people are arrested at far higher
                                                                      rates than white people, in large part because
                                                                      broken-windows-style       policing     targets
                                                                      minor misconduct in low-income Black and
Residents of Altos de la Estancia, to the south of Bogotá, during a   Latinx communities that would escape police
protest against the evictions from their homes.                       attention in wealthier white communities.
LIA VALERO
                                                                      This is a product of racially disparate police
during the coronavirus lockdown has led to                            enforcement patterns rather than race-
the discriminatory use of tasers and stop                             based differences in the underlying conduct.
and searches on communities of colour. In
London, levels of stop and search rose to                             More information and cases regarding the
their highest in over seven years.                                    excessive use of force by law enforcement
                                                                      against Africans and people of African
In the United States, anti-lockdown protests                          descent can be found in the INCLO                                   MAIN TAKEAWAYS
in a dozen states, some by mostly white,                              submission to the Office of the High
armed protesters have been met with                                   Commissioner for Human Rights (OHCHR)
peaceful police responses. These responses                            who is preparing a report enabled by Human
and most recently the largely passive police                          Rights Council Resolution 43.1.                   The content and implementation of COVID-19 responses have been
response to the violent insurrection by a                                                                               used by governments to further concentrate power and target dissidents.

                                                                          “
white supremacist mob at the US Capitol
on 6 January 2021, stood in stark contrast
with the quick, violent, and militarized
response to BLM protesters demonstrating                                  Analysis conducted by Liberty’s               Civil society organizations and human rights groups have been vocal
                                                                          investigative journalism unit,                about their concern regarding emergency responses that are overly
nationwide after the murder of George Floyd
                                                                          Liberty Investigates, found                   broad and / or do not have clear end dates or sunset clauses.
in Minneapolis. During the numerous BLM
protests held across the country, police used                             that nationally people of colour
excessive and indiscriminate force against                                were over 50 per cent more
protesters, who experienced injuries, and                                 likely than white people to be                The COVID-19 government measures have highlighted the
sometimes death from tear gas, pepper                                     handed a fine for breaching                   institutionalized issues of economic inequality and racism which have
spray, rubber bullets, and other crowd control                            the lockdown.                                 been further exacerbated by law enforcement responses to protests
tactics used by the police. Former Attorney-                                                                            against these measures.
General Barr authorized the deploying of
32                                                                                                                                                                                                33
PROTESTING DURING A PANDEMIC                        STATE RESPONSES DURING COVID-19                                               B. GOVERNMENT RESPONSES TO PROTEST DURING THE COVID-19 PANDEMIC

ILLEGAL AND                        One of the most visible forms of abuse
                                   during the pandemic has been the violent
DISPROPORTIONATE                   and disproportionate uses of force by law
USE OF FORCE BY LAW                enforcement and military personnel. This is
                                   not a new issue for civil liberties and human
ENFORCEMENT AND                    rights organizations, but it has recently
MILITARY PERSONNEL                 regained visibility as these detrimental
                                   policing practices have disproportionately
                                   targeted members of racial or ethnic minority
                                   groups and other marginalized communities,
                                   and in many instances have heightened
                                   rather than reduced the risks of COVID-19

     “
                                                                                      MUMBAI/INDIA - MAY 11, 2020 - Migrant workers walk on the highway on their journey back home during a nationwide lockdown
                                   transmission.6 The disproportionate use            to fight the spread of the COVID-19 coronavirus. SHUTTERSTOCK / MANOEJ PAATEEL

                                   of force by law enforcement during the
     The disproportionate use of   pandemic has also been a sign of a broader         INDIA
     force by law enforcement      phenomenon: the militarization of domestic
     during the pandemic           security. This was illustrated in places like      Where demonstrations have occurred to                          interstate travel during the lockdown that shut
     has also been a sign of a     Colombia and the United States, where              protest pandemic measures that have placed                     down most train or bus services, thousands
                                                                                      the livelihoods of millions of informal and                    of people attempted to walk to their homes
     broader phenomenon:           both police and military forces were used to
                                                                                      subsistence workers at risk, police responses                  or to bigger cities, with some beaten by
     the militarization of         respond to protests, and in Kenya and South
                                                                                      have been brutal. After the announcement                       police as they arrived at city borders. The
     domestic security.            Africa where law enforcement used military
                                   armaments and training. The seriousness            of an extension to India’s national lockdown,                  Human Rights Law Network (HRLN) filed
                                   and exceptional nature of the COVID-19             thousands of jobless migrant workers                           numerous petitions that asked authorities to
                                   crisis have been used to normalize security        gathered to protest near a prominent railway                   take into consideration those that were most
                                   practices that could have long-term effects        station in Mumbai. They demanded to be                         marginalized, including reducing sentences
                                   on civil and human rights.                         allowed to travel to their homes but were                      for certain incarcerated individuals, allowing
                                                                                      forcibly dispersed by police with batons. As                   migrant workers stuck at national borders to
                                                                                      government aid proved to be insufficient,                      return home, and a successful petition to the
                                                                                      several hundreds of workers in Gujarat and                     Supreme Court which compelled support to
                                                                                      Kerala protested the lack of support and the                   the many migrant workers stranded during the
                                                                                      inability to return to their home towns or                     lockdown and which led to the announcement
                                                                                      countries of origin. Due to a prohibition of                   of a Relief Package by the Finance Minister.
34                                                                                                                                                                                                            35
PROTESTING DURING A PANDEMIC                                                STATE RESPONSES DURING COVID-19                                                 B. GOVERNMENT RESPONSES TO PROTEST DURING THE COVID-19 PANDEMIC

INDONESIA                                                                                                               ISRAEL

During the large-scale protests that occurred                                                                           Numerous testimonies and photographs
from 6 to 22 October, police responded                                                                                  which have recently been published
with brutality. They arrested and repressed                                                                             paint an alarming picture concerning the
students that joined the demonstrations                                                                                 disproportionate use of water cannons in a
against the “omnibus” job creation law, a                                                                               manner completely contrary to regulations. A
measure that the government claimed sought                                                                              particularly serious incident occurred during
to relax business, labour, and environmental                                                                            a demonstration on 23 July 2020. While             Protest against Netanyahu’s plan to annex parts of the West
                                                                                                                                                                           Bank in July, Rabin square, Tel Aviv, June 6, 2020. ACTIVE
laws in order to attract investment and                                                                                 dispersing the demonstration, police officers      STILLS / KEREN MANOR

stimulate the economy. Many protesters                                                                                  shoved dozens of demonstrators toward              of movement of an individual when there is
experienced inhumane punishment such as                                                                                 nearby Agron Street, and there, while they         concrete and specific concern regarding
beatings after being arrested by the police.                                                                            had no possibility of escape, water cannons        that particular individual, and this is solely to
After the demonstrations took place, the                                                                                repeatedly sprayed them at close range and         clarify a person’s identity, questioning, and
police, in many instances, summoned and                                                                                 caused several physical injuries, as well as       the presentation of documents.
detained leaders or members of organizations        Students protested against the government’s omnibus bill on job     sensations of extreme anxiety and fear. Cases
                                                    creation that was intended to boost economic growth and create
who actively opposed the omnibus law.               jobs, which they believe will deprive workers of their rights and
                                                                                                                        have also been documented where water was          Some of the arrests during demonstrations
                                                    undermine the environment in Indonesia.                             sprayed directly at the heads of demonstrators     included the use of excessive force and
                                                    GETTY IMAGES / LGI FEBRI SUGITA
In Jakarta, on 8 October, law enforcement                                                                               from close range. There have also been cases       extreme and painful methods, such as
repelled protesters using tear gas, even                                                                                of indiscriminate spraying striking citizens and   dragging protestors along the ground or
though the demonstration was being carried                                                                              passers-by.                                        choking them. Demonstrators were subjected
out peacefully. This was followed by mass                                                                                                                                  to violent arrest even when they had not
arrests accompanied by beatings and the use                                                                             During the demonstrations in Tel Aviv              used force or resisted arrest, or when they
of tear-gas against residents in the Cikini                                                                             and near the prime minister’s residence in         used passive resistance in response to police
and Kwitang areas on 8 and 13 October.              Two of them were also arrested, and one                             Jerusalem in October 2020, the police              attempts to disperse the demonstration. The
The police also attacked an ambulance and           civilian experienced the confiscation while                         employed the practice of “kettling”, whereby       documentation shows that in many cases
arrested medical volunteers. This arrest was        documenting the demonstration.                                      officers corral demonstrators by linking           police officers use force against citizens
accompanied by alleged acts of torture to                                                                               hands or using barriers, thereby pushing the       without justification. Even in instances when
force confessions from the arrested medical         In Makassar, a group of unidentified people                         protestors into a contained and confined           the use of force against a citizen was justified,
volunteers that their ambulance was carrying        attacked a protesting crowd with stones,                            area. Those imprisoned in this manner during       the degree of force used is often beyond
stones for protestors to throw at the police.       firecrackers, and sharp weapons. In some                            the Balfour demonstrations included elderly        that required. Another practice that is under
                                                    videos, the unknown group was seen                                  people, children, and journalists covering         scrutiny is the use of mounted police which
In Surabaya, the police confiscated several         marching towards the crowd with the police.                         the demonstrations. People were trampled           leads to demonstrators getting trampled
cameras and phones and also deleted the             The protesters entered the Makassar State                           due to the high level of congestion, they          when they try to get in the way of galloping
documentation of protests from several              University for safety, but the unknown people                       experienced anxiety attacks, and they were         horses or do not have time to escape. In
civilians and journalists. During the protest, at   and police officers continued to chase them                         forced to relieve themselves behind trees and      several instances, demonstrators were taken
least eight journalists underwent intimidation      inside, which resulted in the campus building                       garbage cans. By law, the authority of the         to hospital after sustaining injuries caused by
and confiscation of documentation tools.            being damaged.                                                      police is confined to restricting the freedom      the horses, including broken limbs.7
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