Michel Forst came to Italy and the police gave him a not-subtle warning

The UN Special Rapporteur for environmental activists: ‘The repressive laws enacted in various countries have a single objective: to target environmental activists and those who resort to civil disobedience.’

In recent days, Michel Forst, the UN Special Rapporteur on environmental defenders under the Aarhus Convention, visited Italy as a guest of the NGO A Sud and the In Difesa Di network. Forst is an internationally renowned legal expert with extensive experience in international institutions and human rights organizations. From 2014 to 2020, he served as the UN Special Rapporteur on the situation of human rights defenders. Since 2022, he has served as the Special Rapporteur on environmental defenders, with the specific task of investigating threats and human rights violations against those defending the environment and the climate, and providing a rapid response mechanism.

Forst's mandate was established to address an increasingly evident trend. In recent years, defending the environment has become particularly dangerous. According to the latest report by Global Witness, in 2024 at least 146 defenders of the local land and environment were killed or disappeared while fighting extractive projects, deforestation or the despoiling of natural resources. That is an average of about three people per week. From 2012 to the present day, the NGO has documented 2,253 murders or disappearances of eco-activists worldwide, but the actual number is likely much higher because many cases go unreported. In Europe too, the issue is becoming a central concern. In recent years, many countries have seen a growing criminalization of eco-activism, with the introduction of bespoke repressive laws. In Italy, first the “eco-vandalism” decree and then the security decrees established new crimes and toughened penalties for certain forms of nonviolent protest.

We spoke with Forst – who, during his visit, met with activists and organizations and was received in Parliament by a delegation of opposition lawmakers – about the significance of defending the environment today and the international tools available to protect those who defend the land and the climate.

Mr. Forst, why was it decided four years ago to establish a specific mandate on environmental defenders, and how would you describe these first few years of work?

My mandate was established by the signatory states of the Aarhus Convention on access to information and public participation in environmental matters. Almost all of the signatory countries (41 out of 47) are European nations, which recognized that environmental defenders are particularly vulnerable to threats and intimidation. Thus, they decided to utilize the United Nations system to create a rapid response mechanism for their protection and opted to establish a new Special Rapporteur focused on defending eco-activists. We have received 106 complaints since the start of the mandate, compared to about 4,000 per year during my previous mandate on human rights defenders. These numbers allow me to follow up on all complaints, working to achieve concrete results. If a government does not respond adequately, I can express my dissatisfaction and ask for a detailed response. Or I can decide to travel to the country and meet with the government.

This is not your first visit to Italy: the last was in 2023. What struck you in particular during that visit?

I came to Rome primarily to meet with the government and explain the mandate. We met with various ministries and traveled to different locations to meet with activists, including Turin and the Susa Valley, where we met with the No TAV movement. We listened to people who had been subjected to serious attacks and had been monitored by helicopters and drones. I remember that, when I arrived, I immediately noticed that I was being followed by the police. Two people approached me politely with a smile to let me know they were there. There was also a helicopter flying overhead. It was a sort of warning: we are keeping an eye on you, we know you are here. It was truly striking. In Rome, we met with other organizations, such as Greenpeace and Amnesty International, and many activists who told us about the attacks they had suffered: hefty fines for participating in a protest, urban expulsion orders, criminal charges, court cases, sentences that were sometimes light but sometimes severe and the inability for many of them to file an appeal. I found it very striking.

In 2024, you published a position paper on the growing repression of environmental activists in Europe. What do you think are the reasons behind this?

The repression of protests is a grave threat to human rights and democracy. There is a lack of understanding of the root causes that explain why people decide to take to the streets. Governments have police officers who surveil organizations, sometimes even infiltrating them. They intercept and record phone calls and computer activity. But they do not respond appropriately: the first reaction should instead be to take seriously the reason why people are taking to the streets. Young people – and not only them – are voting less and less; they do not trust political parties. They are using new forms of mobilization because of the lack of response to major global issues, such as the climate crisis. They see that their governments have ratified the Paris Agreement, that they make grand promises but actually do not honor their commitments.

In Europe, are governments or companies more likely to threaten activists?

Most threats come from governments. It is not just national governments, which account for the majority; sometimes local authorities also use repressive measures. There are also cases involving threats from companies. Roughly 50 percent of the complaints we receive concern the repression of protests (especially in Western Europe), 20 percent concern SLAPPs (strategic lawsuits against public participation) and the rest involve other types of threats.

What are the main challenges for environmental activism from your vantage point?

The main challenges ahead are those I discussed in the Report on key trends and threats regarding environmental defenders, in which I denounced the seriousness of the situation in Europe. The report reviews concerning trends regarding the use of force, restrictions on freedom of expression and the role of the media and corporations. The analysis shows that this is a widespread situation across countries that have ratified the Aarhus Convention and that a coordinated response from the EU and the Council of Europe would be necessary.

The laws passed in Italy seem tailor-made to suppress the practices used by grassroots movements. One of these is nonviolent civil disobedience, the subject of the UN Guidelines you published in October. Would it help to spread awareness of them among lawyers and judges?

The repressive laws enacted in various countries have a single objective: to target environmental activists and those who resort to civil disobedience. The guidelines aim to promote compliance with relevant international obligations. Raising awareness among judges and lawyers in general that the right to protest is protected by international human rights law, and that this protects nonviolent civil disobedience, is certainly useful for making them aware of the guiding principles and the measures that can be taken.

Individual activists, groups or organizations facing threats can file a complaint with your office.

Given the situation I have observed, I expect further complaints from Italy. There are dozens of defenders currently on trial. The rapid response procedure is available for them. We are ready to respond to any complaints we receive.

If you were invited to return to Italy for an official visit, would you go back to assess how the situation has evolved since 2023?

Of course I would. When we visit a country, we go to places that are emblematic of environmental activism – with the aim of gathering information and testimonies – and we schedule meetings with institutions so we can discuss the concerns that arise with the government, as well as how we might support measures to address the situation.

© Il Manifesto Global