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Right-to-protest

Last modified by Melissa Laing on 2013/03/31 22:11

In this page I'm trying to draw together some histories of the evolution of the right to protest/moral obligation to protest

James McCarthy emailed me this:

Declaration of the Rights of Man and Citizen of 1793 article 35 states…

"When the government violates the rights of the people, insurrection is for the people and for each portion of the people the most sacred of rights and the most indispensable of duties."

Today (01.04.2013) I read the following: 

The government is set to crack down on environmental protesters with fines of up to $100,000 or a year in jail for those who target offshore oil and gas operations.

Energy minister Simon Bridges today announced "stronger measures to protect offshore petroleum and minerals activity from unlawful interference".

Individuals who intentionally damage or interfere with mining structures, like rigs, or vessels face a 12-month prison sentence or a $50,000 fine. Organisations face a penalty of up to $100,000.

Activists who break a 500-metre "no-go" zone around structures would be liable for a $10,000 fine.

Environmental protesters' Govt crack down, Andrea Vance. http://www.stuff.co.nz/national/politics/8492471/Environmental-protesters-Govt-crack-down

I am also thinking about the recent court ruling in favour of the Council evicting Occupy Aotea Square which commented on the duration of protest where Judge D M WILSON QC AUCKLAND COUNCIL v THE OCCUPIERS OF AOTEA SQUARE IN THE DISTRICT COURT AT AUCKLAND CIV-2011-404-002492 21  December 2011 wrote

Can fundamental rights be constrained by time? 

[100]  Mr Mansfield submitted that the Bill  of Rights  does  not set  a time limit for the  exercise of its rights  and that the Auckland Council should not decide how long people should present a point of view.  He submitted that the Auckland Council were seeking to  limit freedom  of expression  and freedom  of assembly by placing  a time limit on it and that the Court should not set a time limit which was unauthorised by the Bill of Rights or even by the bylaw which the City relied on.  No authority was cited for this proposition. 

Discussion on time 

[101]  I  agree  that  there  is  no  time  limit  prescribed  by  the  Bill  of Rights  for  the exercise of fundamental rights.  This is for the very good reason that the relevance of time needs to be  assessed on the individual facts  of each case.  Here, time could go to the reasonableness of the occupation and the Council's action in response to it. 

[102]  Further there is nothing in the Bill of Rights which gives the respondents the right  to  appropriate  a significant  portion of common  public  space  for  an  indefinite period of time for their own use.

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