Illegal actions – How far can civil disobedience go for the climate? – News


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Road blockades on motorways or bridges, refusal of access in industrial companies – actions by climate activists are increasing. At what point do such actions become counterproductive?

Tuesday morning in Lausanne: climate activists block the Chauderon Bridge in the middle of the city. Saturday afternoon in Zurich: activists stick themselves to the ground on the Hardbrücke, paralyzing traffic. Monday morning in Cressier: activists block access to the oil refinery. Tuesday morning in Bern: activists demonstrated with a traffic blockade at the Bern-Wankdorf motorway exit for more climate protection.

Legend:

“Renovate Switzerland” is usually responsible for such radical actions.

Keystone/Archives/ LAURENT GILLIERON

Four actions within one week. Around a dozen such blockades have taken place in Switzerland since April. These campaigns are usually launched by the “Renovate Switzerland” group. According to its own statements, it is committed to ending dependence on fossil fuels. This is to be achieved with thermal renovations of buildings. The movement is demanding CHF 4 billion from the Federal Council for retraining in the construction industry.

Also controversial on the left

Civil disobedience actions, while attracting attention, are controversial. They are sharply criticized by the bourgeois side. This has been known for a long time. What is new, however, is that members of parliament from the ranks of the SP and the Greens are also observing the actions with skepticism – often behind closed doors.

With these actions you lose sympathy.

One person who does this openly is Basel SP National Councilor Mustafa Atici. He considers such radical actions harmful. The left-wing politician emphasizes that this is a way to lose sympathy. “We need everyone’s support on this issue.” The demands for stricter climate protection measures have arrived in politics, says the National Council. Especially in left-green governed cities like Zurich or Bern.

But it is precisely these cities where the blockades are often erected. Bern’s Mayor Alec von Graffenried (Greens) considers actions that want to shake things up to be fundamentally important. “But I’m amazed at the timing – right now this debate is in full swing.” Due to the energy crisis, Parliament finally passed long-awaited resolutions. “At the moment there is more movement in this topic than there has been for a long time.”

Important democratic tool

Actions such as road blockades often end with penal orders for those involved for coercion or trespassing. Anyone who resists this must answer in court. But the activists accept that.

Legend:

SRF

“10vor10” spoke to Helen Keller, a former judge at the European Court of Human Rights and currently a professor of public law at the University of Zurich.

SRF: Do these recent protests count as violence? What is the legal classification?

Helen Keller: There are two categories: You have to distinguish between legal and illegal and between peaceful and violent. You quickly slip into illegality, for example if you block a traffic route. But if you just sit, then that’s not violence. This is an important distinction, also recognized by the European Court of Human Rights. Just because an action is illegal doesn’t mean it’s not protected by human rights, as long as it’s peaceful.

Where is the sticking point for the judiciary?

Legally, the situation is clear. These are crimes and you have options. One can set a procedure, one can pronounce a simple or symbolic repentance. But the criminal offense is usually fulfilled, unless one says: There were justifications. But I find it problematic when you say: With climate activists, the justification is always there. As a judge, you should be more cautious.

How much civil disobedience does society have to accept?

It is very important that a society realizes that it is important for a democracy that there is this space. If people can no longer go out on the streets and protest, then something is wrong. People have a real cause and as long as they stand up for it non-violently, it’s a legitimate goal and they’re allowed to do it. Civil disobedience is then more of a social problem. The question then is: when will the shake-up effect fade?

Selina Lerch is one of them. There’s nothing else she can do. “I would also like to do something else – but we are in such an emergency that the political path is far too slow.” She is aware that the blockades disturb many people and are uncomfortable. “But if we don’t act now, we will soon be exposed to much greater violence.”

Non-violent actions and demonstrations are an important tool in a functioning democracy, says Helen Keller. She is a professor of public law at the University of Zurich and a former judge at the European Court of Human Rights in Strasbourg. “For minorities, they are often the only way to express their opinion.”

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