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Keir Starmer’s Government Is ‘Failing to Uphold Democratic Freedom’ to Protest, Says Human Rights Watch

The right to protest remains “curtailed and punished” despite a change in Government, the leading human rights group warned

Police officers detain protesters from Insulate Britain occupying a roundabout leading from the M25 motorway to Heathrow Airport in London

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The UK Government is “seriously undermining” democratic rights, especially the right to peaceful protest, Human Rights Watch has warned in its latest World Report 2025. 

Keir Starmer’s Labour Government, which took office in July 2024, has so far “failed to roll back draconian anti-protest measures” introduced by the previous Conservative administration, while continuing to appeal a court ruling that curbs protest rights

The global report found that in many of the more than 70 national elections in 2024, authoritarian leaders gained ground with their discriminatory rhetoric and policies. 

Several laws passed in recent years have significantly expanded police authority while raising major concerns about civil liberties. The 2023 Public Order Act and 2022 Police, Crime, Sentencing and Courts Act have drawn criticism from campaigners for limiting rights to protest and assembly. Peaceful protesters are still being imprisoned under these laws.

Climate and pro-Gaza activism was particularly hard hit by these restrictions in 2024, with the Public Order Act’s provisions giving police broader powers to limit demonstrations. These developments prompted an international response, with the UN special rapporteur on environmental defenders expressing grave concerns in January 2024 about the UK’s treatment of environmental protesters.

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Another significant legal development occurred in May last year, when the High Court ruled against certain 2023 anti-protest measures, finding that restrictions on demonstrations causing ‘more than minor’ disruptions were unlawful. But while civil society groups celebrated this as a win for democratic rights, Labour’s administration has continued pursuing the appeal initiated by their predecessors, with proceedings ongoing. 

The UN Human Rights Committee has also weighed in, urging the UK to stop using facial recognition and mass surveillance at protests to protect various civil liberties including privacy and freedom of assembly.

On immigration policy, PM Starmer’s Government discontinued the previous administration’s Rwanda deportation program and committed to addressing the backlog of roughly 90,000 asylum applications. But the legal framework established by the 2023 Illegal Migration Act and 2022 Nationality and Borders Act continues to authorise controversial maritime ‘pushbacks’ of migrant boats, and offshore processing of asylum seekers. 

These laws maintain criminal penalties for irregular entry while failing to establish safe, legal pathways for asylum seekers, Human Rights Watch says. 

UPDATE

Calls for the Crown to Stop Prosecuting Peaceful Climate Protesters as Prisons Clogged and Criminals are ‘Let Off’

The Government is accused of pushing public bodies to go tougher on protesters

Yasmine Ahmed, UK director at Human Rights Watch said: “Many of us had hoped that an incoming Labour Government would have repealed the undemocratic anti-protest legislation introduced under the previous administration, especially given Prime Minister Keir Starmer’s background as a human rights lawyer.

“That they have chosen not to, and are instead defending these measures in court, beggars belief. Peaceful protest is a cornerstone of a healthy and functioning democracy.”

Other human rights concerns include the failure of successive Governments to tackle a cost of living crisis that is “exacerbating poverty and inequality”; the rampant spread of hate speech and xenophobia that was manifested in riots in August, “linked in part to politicians and the media fueling divisions”, and ongoing challenges towards establishing a “humane and rights-respecting” migration system.

“We live in incredibly uncertain times and now, more than ever, we need leaders who are going to stand up for the rule of law and our rights and freedoms” Ahmed said. “How can the UK expect to be taken seriously when criticizing crackdowns in Moscow, Beijing, or Tehran, while spending thousands of pounds of taxpayers’ money to clamp down on peaceful protests at home, including on climate protesters?”

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Akiko Hart, the Director of human rights Group Liberty, which is up against Home Secretary Yvette Cooper in court over anti-protest laws, added: “The right to protest is a vital part of any well-functioning democracy. Yet, in the UK, swathes of anti-protest laws have resulted in more protesters ringing in the new year in prison than ever before. As this report highlights, legislation that even the UN describes as “deeply troubling” is punishing people for protesting.

“We had all hoped for a reset under the new Government, but their continuation of the legal case against Liberty over undemocratic anti-protest legislation has set a concerning tone for this administration. The Government should be protecting our fundamental right to protest, not trying to push the boundaries of the rule of law.”

Hart urged the Government to “change course, to repeal the anti-protest laws we’ve seen in recent years, and to protect our right to speak up on the issues we care about.”

On the 29th January, Friends of the Earth and Greenpeace are intervening in the courts in an appeal over ‘excessive’ Just Stop Oil custodial sentences.

Friends of the Earth and Greenpeace have teamed up to intervene in a “critically important” legal appeal over the right to protest, after five peaceful climate activists were handed record-length prison sentences in July 2024.

The two groups believe that the custodial sentences handed down by the court to the ‘Whole Truth Five’ are excessive. They will also argue that they breach human rights legislation, which requires that sentencing must be proportionate where fundamental rights, such as the right to protest, are engaged.

The outcome of the hearing could have far-reaching implications for the future of peaceful protest and the sentences that could result for those convicted of protest-related offences in the future.

The Cabinet Office were contacted for comment.

Read the report here

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Josiah Mortimer also writes the On the Ground column, exclusive to the print edition of Byline Times.

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