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Article

21 Apr 2017

Author:
Sheryl Estrada, DiversityInc (USA)

USA: UN experts warn state bills criminalising protest would jeopardise rights of those opposing pipelines, supporting indigenous rights

U.N. Experts Warn ‘Undemocratic’ Anti-Protest Bills Threaten Free Speech, 18 Apr 2017

Following Donald Trump’s presidential win, lawmakers in at least 19 states have introduced legislation to restrict the right to protest, even making it legal to run over protesters blocking traffic, or allowing officers to clear the road by “any means necessary.” Maina Kiai and David Kaye, U.N. experts on freedom of peaceful assembly and expression, warn the trend in such state bills is incompatible with international human rights, and ending peaceful protests infringes upon U.S. constitutional rights. “The trend threatens to jeopardize one of the United States’ constitutional pillars: free speech,” Kiai and Kaye said in a recent statement sent to U.S. authorities. “From the Black Lives Matter movement, to the environmental and Native American movements in opposition to the Dakota Access oil pipeline, and the Women’s Marches, individuals and organizations across [American] society have mobilized in peaceful protests.”

Bills in Republican-governed states like Arkansas, Florida, Georgia, Iowa, Indiana, Michigan, Missouri and North Dakota were drafted with the intent of curbing protests but do not specifically use the word “protest” in the documents. For example, in January, North Dakota lawmakers introduced House Bill 1203, which states that unintentionally running over a person obstructing traffic can be lawful... Rep. Keith Kempenich (R-Bowman), a co-sponsor of the bill, admitted it was created in response to the Dakota Access Pipeline protests in southern Morton County. Native Americans led the protests... The bill was voted down 40-51 by House lawmakers in February. [also refers to proposed bill in Minnesota]

[Official UN statement:
UN rights experts urge lawmakers to stop “alarming” trend to curb freedom of assembly in the US, 30 March 2017]