Understanding Your Rights Around Protesting

We have all been affected by the global news, in Palestine and beyond, while also seeing how, closer to home, our rights to protest and take action are under threat. 

As an organisation that supports groups and individuals to take action on issues both locally and globally, CAG Oxfordshire truly believe in the power of people and communities to have an impact, make their voices heard and take collective action. As a network support organisation, more than anything, our job is to uplift and empower our member groups to deliver locally-led change to the benefit of their communities and the environment. That said, we know that many advances in the climate change movement have come because of the power of protest. 

To that end, we have pulled together some useful links and resources from sources we trust to hopefully help you understand some of the recent changes to the law and our judicial system, and to ensure you feel safe to continue to fight for causes you believe in while understanding your rights in this space.*

“Never doubt that a small group of thoughtful, committed citizens can change the world; indeed, it's the only thing that ever has.”

-Margaret Mead

Know Your Rights: Palestine Action Proscription

The recent proscription of the organisation called Palestine Action has led to some confusion as to what is now legal when it comes to protests relating to Palestine. In a nutshell, it is illegal to be a member of, or express support for, the organisation called Palestine Action. This includes a wide variety of activities, from posting online content supporting the organisation called Palestine Action to holding placards which express support for it (as seen in the recent actions around the country, which resulted in mass arrests of thousands of protesters).

It is not illegal to organise and participate in actions in solidarity with the people of Palestine in general. This includes activities such as going to street protests and marches organised by Palestine Solidarity Campaign; taking part in BDS (Boycott, Divest, Sanctions) activities; or writing to your MP expressing views on the government’s response to the genocide. As long as those are not linked to the organisation called Palestine Action, it should be perfectly legal, under British and international law, to participate in those.

Photos courtesy of Rachel Gildea: Peaceful protest on Saturday 6th September against genocide in Palestine

That said, we have seen in recent weeks that the police have often misinterpreted the proscription, which has led to some people being arrested or cautioned for protest activities organised in support of Palestine (rather than the organisation called Palestine Action specifically). In this rather chaotic legal environment, it is up to each individual to decide what they think is safe for them to do.

For more information and various legal scenarios to do with the proscription of the organisation called Palestine Action, you might like to consult the relevant pages on CAGE.ngo or NetPol.org. 

Defend our Juries 

Defend Our Juries is a campaigning organisation that has been established to shine a light on the constitutional crisis taking place in our courts. They have voiced support for activists and groups such as Just Stop Oil – and, more recently, Palestine Action – often by holding placards outside courts that either show support for the groups or remind jurors of their rights. Read a recent article on them from The Face Magazine which details their mission as well as their recent actions. 

As well as their campaigning work for the rights of Juries, they are running a campaign called Lift the Ban. As part of the campaign, peaceful protests staged on Parliament Square in London on 9 August and 6th September saw thousands of citizens arrested under the Terrorism Act for holding placards expressing support for Palestine Action. The campaign seeks to add increased pressure on the government to lift the proscription on Palestine Action, as it sees the proscription as having a chilling effect on campaigning in solidarity with Palestine, and our right to protest in general.

Image embed from a recent artwork by Banksy outside the Royal Courts of Justice

From the Defend our Juries website: 

Juries of 12 randomly selected citizens put the moral intuitions of ordinary people at the heart of the criminal justice system. Over the last few years, when juries have heard evidence of why people have taken direct action to advance climate or racial justice, or to stop genocide in Gaza, they have repeatedly reached not guilty verdicts.

These verdicts are deeply embarrassing to the government and the arms and oil industries, contradicting the narrative that the public supports the ‘crackdown on protest’. 

They also shared this statistic which comes from a ‘People’s Town Square’ focus group. 

Recent research by Demos shows that the public overwhelmingly support the right to protest and want to see repressive anti-protest measures reversed.

What we wanted to stress is the importance of keeping ourselves well informed about what the law says exactly, so we don’t let ourselves be cowered into not taking any action out of fear: when we stop exercising our rights, we risk losing them, and that can include our right to protest.

*Please note that this document does not constitute legal advice. 

Instagram embed from XR Oxford protesting Rosebank.