“We feel that warm breath in our necks”: Experiences, impact, and meaning of criminalisation of environmental activism in Belgium

• In Event: The Criminalisation of Environmental Activism

Abstract

Increasingly, environmental groups have developed repertoires of action that can be viewed as non-violent civil disobedience. Frustrated with the exclusion from political decision-making processes and the ineffectiveness of what can be considered more traditional or regulated forms of protest - such as petitions, demonstration, advocacy campaigns and so forth - environmental movements claim their space in the conversation by resorting to more contentious forms of protest that challenge the boundaries of the law, causing tension and conflict among movements, governments, corporations, and citizens. This article draws on research conducted on the case of the 14 Greenpeace activists trialled for non-violently occupying a gas terminal in Belgium in April 2023. By interviewing trialled activists, representatives of Greenpeace and supporters, experts, and lawyers involved in the defence, attending the hearings, and analysing the judicial decision, and legislative developments, the article shows that the process of criminalisation was experienced as intimidation and was deemed to have a “chilling effect” on future engagement with environmental activism. In addition, the harsh response by actors in the criminal justice system in this case was attributed to both regional differences within Belgium and to increasing European trends in criminalisation of activism. Our research reveals a rich qualitative account of the effects criminalisation can have on the right to protest which is particularly concerning in the context of the climate crisis.

Authors

• Bram Visser, Vub

• Brunilda Pali, University of Amsterdam