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 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 2 3
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 4 5
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 6 7
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 8 9
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. 10 11
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. 12 13
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. 14 15
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. 16 17
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. 18 19
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 36 37
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