PROGRAMME

PUBLIC PARTICIPATION AND

PEACEFUL PROTEST
Rights and Responsibilities of Civil Society
in a Globalised World

7-9 March 2011

The Danish Institute for Human Rights
Strandgade 71, Ground Floor, 1401 Copenhagen, Denmark
This workshop is a joint initiative of

with the support of

 WELCOME

Contents
• Preface………………………………………………………………………………………X

• Programme – Overview……………………………………………………………………X

• Programme – Details…………………………………………………………..…………..X

• Speakers & Bios……………………………………………………………………………X

• Moderators & Bios…………………………………………………………………………..X

 In a healthy democracy, there must be a balance between bona fide security and the
space for non-violent protest. There is a growing recognition among Civil Society that
the rights of association, assembly and free expression are under threat. There is a
blurring of the lines between prevention of terrorism, prevention of violent protest and
suppression of legitimate non-violent dissent. This undermines the legal and social
frameworks (where they exist) that allow Civil Society to engage at all levels in open
democratic disagreement. Without this engagement, society steps back from a full
participatory democracy. This workshop, taking place in Copenhagen, March 2011, will
bring together international officials, civil rights lawyers, activists, police and others to
initiate a dialogue between these sectors, and encourage debate and discussion about
how to maintain and expand democratic rights and freedoms. The workshop will
consider possible recommendations to be made to international and regional human
rights bodies, including the new UN Special Raporteur on Freedoms of Assembly and
Association, expected to be appointed in March 2011. It will encourage Civil Society
organisations and police to examine their roles and responsibilities in finding the
balance between security and non-violent dissent at events such as the South Africa
climate meeting in 2011 (COP17). And it will explore potential interest on further work to
expand Freedoms of Assembly, Association and Expression around large international
meetings as well as day to day freedoms in the north and south.
 Programme

Monday the 7th of March

19.30 Public Meeting: Democratic Space – A View from Here

Tuesday the 8th of March

09.00 – 09.15 Welcome

09.15 – 10.45 International Legal Framework on Freedom of Assembly, Association and

Expression

11:15 – 13:00 National and Trans-National Threats to Democracy and Civic Space

13:00 - 14:00 LUNCH BREAK

14.00 – 15.30 Expanding the Democratic Space

16.00 – 17.30 Public Participation and Protest at International Meetings

Wednesday the 9th of March

09.00 – 13.00 Protest and Security in a Democracy: Finding the Balance

(09.15 – 10.00) – Authorities: Decisions and Actions

(10.15 – 11.00) – Civil Society: Decisions and Actions

(11.15 – 13.00) – A Better Balance

13:00-14:00 LUNCH BREAK

14.00 – 15.45 Action for Democratic Space

(14.00 – 15.15) – Parallel Working Groups

(15.15 – 15.45) – Break

15.45 – 16.15 Report Back in Plenary: Conclusions

16.15 – 16.45 Concluding Panel

16.45 – 17.00 Thanks and Farewell

PROGRAMME
Monday, 7 March

19.30

Public Meeting: Democratic Space – A View from Here

This high-profile, public discussion of several key angles of democratic space and the rights and
responsibilities of Civil Society will set the context for the following two days. The meeting’s
panel will look at several perspectives on the freedom to express dissent, including human
rights, legal aspects, police, security and an activist’s viewpoint.

Speakers

Maja Daruwala – Director, Commonwealth Human Rights Initiative, India

Alok Mukherjee – Chair, Toronto Police Services Board, Canada

Mike Schwarz – Lawyer, UK

Kumi Naidoo – Executive Director, Greenpeace International, South Africa/Netherlands

Moderators

Ingrid Srinath – Ingrid Srinath, Secretary General, CIVICUS, South Africa

Jonas Christoffersen – Director, Danish Institute for Human Rights, Denmark

Tuesday, 8 March
09.00 – 09.15

Welcome
Moderators

Vibeke Tuxen – Chair, Projektrådgivningen - PATC, Project Advise and Training Centre,
Denmark

Mads Christensen – Executive Director, Greenpeace Nordic, Denmark

NOTE: the following programme is conducted under the Chatham House Rule:
“Participants are free to use the information received, but neither the identity nor the
affiliation of the speaker(s), nor that of any other participant may be revealed.”

09.15 – 10.45

International Legal Framework on Freedom of Assembly,

Association and Expression
This session will look at the existing framework for protecting the democratic space. What laws
are in place, and where? How well is the current international framework working? How could it
be changed? Three law experts from Belgium and the UK will discuss the situation with Jasper
Teulings of Greenpeace International.

Speakers

Jeremy McBride – Barrister, Monckton Chambers, London, UK

Dirk Voorhoof – Professor in Media Law, Copyright Law and Journalism & Ethics, Ghent
University, Belgium

Michael Bochenek – Director of Policy, International Secretariat, Amnesty International, UK

Moderator

Jasper Teulings – General Counsel/Advocaat, Greenpeace International, Netherlands

11:15 – 13:00

National and Trans-National Threats to Democracy and Civic

Space
Looking at both the north and the south, this session will examine the types of limitations we are
encountering to open discussion and to dissent. How do these limitations affect democracy in
different places? Maja Daruwala of the Common Human Rights Initiative will try to get answers
from this session’s diverse panel.

Speakers

Bhekinkosi Moyo – Director of Programs, TrustAfrica, Senegal

Peter Kessing – Senior Researcher, Danish Institute for Human Rights, Denmark

David Moore – Vice President of Legal Affairs, International Center for Not-for-Profit Law
(ICNL), Hungary

Tony Bunyan – Investigative Journalist and Writer, Statewatch Director, UK

Moderator

Maja Daruwala – Director, Commonwealth Human Rights Initiative, India

LUNCH BREAK

14.00 – 15.30

Expanding the Democratic Space

Is it possible to expand the democratic space? What specific mechanisms, measures and
processes could protect and improve freedoms of assembly, association and expression? Ingrid
Srinath of CIVICUS will ask this session’s expert panel to come up with suggestions, and discus
advantages and disadvantages.
Speakers

Agnès Callamard – Executive Director, ARTICLE 19, Global Campaign for Free Expression, UK

Max Boqwana – Human Rights Lawyer, South Africa

Jan Fermon – Lawyer, Belgium

Moderator

Ingrid Srinath – Ingrid Srinath, Secretary General, CIVICUS, South Africa

16.00 – 17.30

Public Participation and Protest at International Meetings

How could the democratic space be improved around high-level international meetings? What is
the relationship between Civil Society and the organisers? Looking at the 2011 climate meeting
in South Africa (COP17) in particular, Kristin Casper of Greenpeace International discusses
these questions with four panellists close to process.

Speakers

Logie Naidoo – Deputy Mayor of Durban, South Africa

Sebastien Duyck – Focal Point to the UNFCCC Secretariat – Youth, Finland

Rehana Dada – Science and Environmental Journalist, Timberwatch Coalition, South Africa

Jürgen Maier – Director, German NGO Forum Environment and Development, Germany

Pierre-Christian Soccoja - Deputy Secretary General for the French Presidency of G20 and G8,
France

Moderator

Kristin Casper – Legal Counsel, Greenpeace International, Netherlands

 Wednesday, 9 March

09.00 – 13.00

Protest and Security in a Democracy: Finding the Balance

There is a need to balance the right to dissent and protest with bona fide protection of security,
both for the public and for political figures. This morning’s three-part session asks: How do
authorities and Civil Society exercise their rights AND their responsibilities? Allan Nyring of the
Danish National Police and the UK barrister Richard Harvey chair a high-profile panel of
lawyers, police representatives and activists to find answers.

(09.15 – 10.00) – Authorities: Decisions and Actions

How about the authorities? Do police decisions on strategy and tactics limit or allow democratic
space? How are these decisions influenced? Looking at legal limits and questions of
accountability, the panel will discuss: What is effective; what is counter-effective? What is
appropriate; what is inappropriate?

(10.15 – 11.00) – Civil Society: Decisions and Actions

How about the Civil Society? Do decisions on strategy and tactics limit or allow democratic
space? How are these decisions influenced? Looking at legal limits and questions of
accountability, the panel will discuss: What is effective; what is counter-effective? What is
appropriate; what is inappropriate?

(11.15 – 13.00) – A Better Balance

Drawing on the session’s two preceding parts, this interactive discussion will aim to make
suggestions on what could be done better by both authorities AND Civil Society to protect the
right to dissent while respecting legitimate security concerns.

Speakers
Johan Reimann, Commissioner, Copenhagen Police, Denmark

David Mead – Senior Lecturer, UEA Law School, UK

Mike Schwarz – Lawyer, UK

Jasper Teulings – General Counsel/Advocaat, Greenpeace International, Netherlands

Kelly Rigg, Executive Director, Global Campaign for Climate Action (tck tck tck), Netherlands

Peter Sloly, Deputy Chief Executive Command, Toronto Police Service, Canada

Christofer Badse – Special Adviser, Danish Institute for Human Rights, Denmark

Moderators

Allan Nyring – Chief Superintendent, Danish National Police, Denmark

Richard Harvey – Barrister, Garden Court Chambers, London, UK

LUNCH BREAK

14.00 – 15.45

Action for Democratic Space

The workshop’s final session will try to map a way forward. How can we identify the challenges
and address them in a coordinated way? How can we pool knowledge, resources and energies
towards common goals and carry out joint solidarity actions?

Erik Vithner of Projektrådgivningen and Jo Dufay of Greenpeace International will faciilitate two
parallel working groups to find good examples of best practices that can serve as general
inspiration and map the legal and political tactics that could be employed to expand the
democratic space.

(14.00 – 15.15) – Parallel Working Groups

1) Focussed on recommendations to be made to international and regional human rights

bodies, including the new UN Special Rapporteur on Freedoms of Assembly and Association

Facilitator
Erik Vithner – Manager of the Secretariate, Projektrådgivningen - PATC, Project Advise and
Training Centre, Denmark

2) Focussed on future work with Civil Society organisations and police to expand the democratic
space, particularly around international meetings, such as the 2011 climate change meeting in
South Africa (COP17)

Facilitator

Jo Dufay – Workshop Convenor, Greenpeace International, Netherlands

(15.15 – 15.45) – Break

15.45 – 16.15

Report Back in Plenary: Conclusions

16.15 – 16.45

Concluding Panel

16.45 – 17.00

Thanks and Farewell

 SPEAKERS
& BIOS

Christofer Badse
Deputy Department Director, Danish Institute for Human Rights, Denmark

Christofer Badse has been with the Danish Institute for Human Rights since 2003. His present
position is Deputy Department Director and Monitoring Co-ordinator. Specialising in Danish
legislation, jurisprudence and the politics of human rights, Badse has also taught as a legal
expert in international human rights law and has led human rights courses and workshops in
Denmark and abroad. A full biography is available at http://badse.dk/CV_English.pdf

Michael Garcia Bochenek

Director of Policy, International Secretariat, Amnesty International, UK

Michael Garcia Bochenek is Director of Law and Policy for the International Secretariat of
Amnesty International. Prior to joining Amnesty, he spent ten years with Human Rights Watch.
Bochenek has researched and reported on criminal and juvenile justice systems, the death
penalty, the exploitation of migrant workers and other labour rights issues, prison conditions, the
rights of lesbian, gay, bisexual and transgender persons, and the use of children as soldiers.

Max Boqwana
Human Rights Lawyer, South Africa

Max Boqwana is an Attorney of the High Court in South Africa and the Chairman of the
Boqwana Loon & Connellan, a law firm practising in the area of Administrative and
Constitutional Law. Previously, Boqwana was the Chairperson of Attorneys Fidelity Fund in
South Africa and the Co-Chairperson of the South Africa Law Society.

Tony Bunyan
Investigative Journalist and Writer, Statewatch Director, UK

Tony Bunyan is an Investigative Journalist and Writer specialising in justice and home affairs,
civil liberties, the state and freedom of information in the EU. He has been the Director of
Statewatch since 1990. Bunyan is the author of "The Political Police in Britain" (1977), "Secrecy
and openness in the EU" (1999) and "The Shape of Things to Come" (2009). He edited "The
War on Freedom and Democracy" (2005) and is a Visiting Fellow at London Metropolitan
University and the University of Bristol.

Agnès Callamard
Executive Director, ARTICLE 19 – Global Campaign for Free Expression, UK

Dr. Agnès Callamard took up the post of ARTICLE 19 Executive Director in October 2004. She
is a former Chef de Cabinet for the Secretary General of Amnesty International and, as
Research Policy Coordinator, led Amnesty’s work on women’s human rights. Callamard has
conducted human rights investigations in Africa, Asia and the Middle East and has published
widely on human rights, women’s rights, refugee movements and accountability.

Rehana Dada
Science and Environmental Journalist, Timberwatch Coalition, South Africa

Rehana Dada is a South African science and environmental journalist active with the
Timberwatch Coalition, an alliance of South African NGOs concerned about the negative
impacts of industrial tree plantations on people and the environment. Dada works for television,
the web and in print. Her current focus is on climate change and wetlands.

Sebastien Duyck
Focal Point to the UNFCCC Secretariat – Youth, Finland

Sébastien Duyck is a doctoral candidate at the University of Lapland in Finland, where he is

writing his dissertation on procedural rights in international environmental governance. For
several years, he has been active in NGOs, particularly in relation to the facilitation and support
of youth participation in inter-governmental forums.
Jan Fermon
Lawyer, Belgium

Jan Fermon is a Brussels-based lawyer specialising in European and international criminal law,
international humanitarian law and immigration law. He is a member of the Progress Layers
Network and the International Association of Democratic Lawyers (IADL) and has recently co-
authored the book “Political Defense,” which also discusses the work of defense lawyers in
criminal cases against social and political activists.

Peter Kessing
Senior Researcher, Danish Institute for Human Rights, Denmark

Peter Vedel Kessing (LLM, Ph.D.) is a senior researcher at the Danish Institute for Human
Rights, doing research in security, counter-terrorism, human rights and humanitarian law. He
has been working with international projects on human rights and humanitarian law for several
years and is external lecturer at the Faculty of Law, Copenhagen University. Some of his papers
are available here: http://www.humanrights.dk/research/staff

Jürgen Maier
Director, German NGO Forum Environment and Development, Germany

Jürgen Maier is the Director of the German NGO Forum on Environment & Development. The
Forum’s main focus is to prepare joint NGO position papers and strategies, especially around
G8 and G20 summits, and to coordinate the input of German NGOs into the international
negotiation processes. It was founded 1992, following the UN Conference on Environment and
Development.

Jeremy McBride

Barrister, Monckton Chambers, London, UK

Jeremy McBride is a barrister at Monckton Chambers, London, and a co-coordinator at the

Expert Council on NGO Law of the Council of Europe. McBride is the Chair of the Scientific
Committee of the EU's Fundamental Rights Agency and the Chair and co-founder of
INTERIGHTS, which works to promote respect for human rights through the use of law. He is a
Visiting Professor at Central European and Oxford universities.

David Mead
Senior Lecturer, UEA Law School, UK
David Mead is a senior lecturer in the UEA Law School at the University of East Anglia,
Norwich. He specialises in protest, policing and human rights. His book “The New Law of
Peaceful Protest: Rights and Regulation in the Human Rights Act Era” was published in 2010.
He has provided advice to the Home Office and to Chief Constables and has submitted
evidence to the UK Parliament’s Human Rights Committee. Mead is a regular contributor to The
Guardian’s Comment Is Free/Liberty Central website.

David Moore
Vice President of Legal Affairs, International Center for Not-for-Profit Law (ICNL), Hungary

David Moore is Vice President of Legal Affairs with the International Center for Not-for-Profit
Law (ICNL), where he has worked since 2001, supporting legal reform affecting Civil Society in
a diverse range of contexts around the world. Moore has trained Civil Society representatives
and UN Civil Society staff on legal issues. He teaches Civil Society Law at Budapest’s Central
European University.

Bhekinkosi Moyo
Director of Programs, TrustAfrica, Senegal

Dr. Bhekinkosi Moyo is a Director of Programs at TrustAfrica, a pan-African Foundation based

in Dakar, Senegal, which is dedicated to securing the conditions for democracy. He recently
edited the volume “DisEnabling the Public Sphere: Civil Society Regulation in Africa”.

Alok Mukherjee
Chair, Toronto Police Services Board, Canada

Dr. Alok Mukherjee, Chair of the Toronto Police Services Board since 2005, is a writer, speaker,
trainer and consultant in human rights, equity, diversity and organisation change. Mukherjee has
also held several public appointments, including Member of the Ontario Civilian Commission on
Police Services and Acting Chief Commissioner of the Ontario Human Rights Commission.

Kumi Naidoo
Executive Director, Greenpeace International, South Africa/The Netherlands

Dr. Kumi Naidoo is Executive Director of Greenpeace International. Born in South

Africa, Naidoo became actively involved in the country’s liberation struggle at the
age of 15. Naidoo has held leadership positions with CIVICUS, GCAP and the GCCA.
In 2003 he was appointed to the Eminent Persons Panel on UN Civil Society
Relations.
Logie Naidoo
Deputy Mayor of Durban, South Africa

Logie Naidoo is the Deputy Mayor of Durban, South Africa. Following a corporate career with
stops at Mercedes Benz and La Mercy Beach Hotel, he served as Executive Chair of the North
Local Council until 2000. After the killing of Soweto students in 1976, Naidoo took the painful
decision to join the underground military wing of the African National Congress (ANC).

Johan Reimann
Commissioner, Copenhagen Police, Denmark

John Martini Reimann became the Copenhagen Police Commissioner in July 2009. Prior to that,
he was the director of the North Zealand Police. A law graduate, Reiman has in the past worked
for the Danish government’s justice department and has served as the Danish representative to
the European Union’s Eurojust Unit in The Hague. Reimann is a lecturer at Copenhagen
University and the Danish police school.

Kelly Rigg
Executive Director, Global Campaign for Climate Action (tck tck tck), Netherlands

Kelly Rigg is the Executive Director of the GCCA (tcktcktck), a global alliance of 270
organisations. She has led international campaigns for nearly 30 years on climate, energy,
oceans, Antarctica and other issues. She is the co-founder of the Varda Group, a consultancy
that provides campaign and strategic advice to a wide range of NGOs.

Mike Schwarz
Lawyer, UK

Mike Schwarz is a London-based defence lawyer who has acted for political activists and
campaigners on issues such as the environment, animal rights, peace/disarmament, race and
social justice. He is the joint author of “The Law of Public Order and Protest” (OUP, 2010).
Schwarz is particularly concerned with citizens’ freedom of expression and freedom of
assembly. He advises and trains campaign groups and NGOs on criminal and public order law.

Peter Sloly
Deputy Chief Executive Command, Toronto Police Service, Canada

Deputy Chief Peter Sloly has worked 23 year with the Toronto Police Service (TPS). He holds a
Bachelor of Arts in Sociology and a Masters in Business Administration along with several other
academic certificates. Peter has held a variety of senior operational and administrative roles in
the TPS. He has also served as a UN Peacekeeper and has been active on many community
boards. A full biography is available at http://www.torontopolice.on.ca/bios/sloly.php

Pierre-Christian Soccoja

Deputy Secretary General for the French Presidency of G20 and G8, France

Pierre-Christian Soccoja is a Medical Doctor, Senior Civil Servant and Diplomat and former
Secretary General of the Central Agency for the Prevention of Corruption, He joined the Ministry
of Justice in 2000, when he left the Ecole Nationale d’Administration, as Deputy Head of Office
of Human Rights at the European and International Affairs Service.

Dirk Voorhoof
Professor in Media Law, Copyright Law and Journalism & Ethics, Ghent University, Belgium

Dirk Voorhoof is a Professor for courses in Media Law, Copyright Law and Journalism & Ethics
at Ghent University, Belgium, and a Lecturer at Copenhagen University, Denmark. He is a
founding member of Legal Human Academy. Recent articles include “Freedom of Expression
under the European Human Rights System” (Inter-American and European Human Rights
Journal, 2009/1-2, 3-49, September 2010). His website can be viewed at
http://www.psw.ugent.be/dv

MODERATORS
& BIOS

Kristin Casper
Legal Counsel, Greenpeace International, Netherlands

Kristin Casper is legal counsel for Greenpeace International. She advises on international
environmental law and legal aspects of campaigning in the areas of climate change, energy,
toxics, and water and on Arctic-related issues. She is a registered attorney with the State of
Colorado Bar.

Mads Flarup Christensen

Executive Director, Greenpeace Nordic, Denmark
Mads Flarup Christensen is the Executive Director of Greenpeace Nordic, a position he took up
in 2008. Christensen has been with Greenpeace for more than 15 years and has been
responsible for a wide range of campaigns and actions. He graduated in Political Science from
the University of Copenhagen and lives with his wife and two children in Copenhagen.

Jonas Christoffersen
Director, Danish Institute for Human Rights, Denmark

Dr. Jonas Christoffersen was appointed Director of the Danish Institute for Human Rights in
January 2009. He is a lawyer with entitlement to plead before the High Court and previously
held the position of acting High Court Judge at the Danish Eastern High Court. Christoffersen
has written extensively on national and international human rights. He was awarded a Doctor of
Laws degree for his dissertation on the European Court of Human Rights.

Maja Daruwala
Director, Commonwealth Human Rights Initiative, Denmark

Maja Daruwala is Director of the Commonwealth Human Rights Initiative, a non-partisan

international NGO focused on human rights education and advocacy. Daruwala is the founder
and Chair of the People's Watch Tamil Nadu, a human rights advocacy organisation based in
South India, and sits on several governing boards and advisory councils, including the New
Delhi-based Voluntary Action Network, an umbrella organisation aimed at strengthening Civil
Society in India.

Jo Dufay
Workshop Convenor, Greenpeace International, Netherlands

Jo Dufay has thirty years of campaign leadership, working on disarmament, environment,

international trade agreements, corporate control and reproductive rights issues. A freelance
consultant, Dufay has worked with NGOs in Fiji, Korea, Iran, Israel, Europe and North America.
She provides campaign training and direction, strategy development, project management and
meeting facilitation.

Richard Harvey

Barrister, Garden Court Chambers, London, UK

Richard Harvey is a barrister at Garden Court Chambers, London, and lead defence counsel at
the International Criminal Tribunal for the former Yugoslavia, The Hague. He has conducted
numerous cases involving excessive use of force, most notably the Bloody Sunday Inquiry in
Derry, Northern Ireland. Harvey advised Greenpeace International in the Tokyo Two case,
which saw two anti-whaling activists face trial in Japan.
Allan Nyring
Chief Superintendent, Danish National Police, Denmark

Allan Nyring, Chief Superintendent of the Danish National Police, has been in police service
since 1980. Nyring served in the police of Copenhagen before moving to a smaller police district
and, in 2007, to the police for North Zealand. He has been with the National Danish Police since
November 2009. He is married and has three daughters.

Ingrid Srinath
Secretary General, CIVICUS, South Africa

Ingrid Srinath is the Secretary General of CIVICUS: World Alliance for Citizen Participation. Its
members and partners make up an influential network of organisations dedicated to
strengthening Civil Society throughout the world. Srinath also serves on the board of the IANGO
Accountability Charter and on the World Economic Forum NGO Advisory Group. Prior to joining
CIVICUS in May 2008, she served as Chief Executive of India’s leading child rights advocacy
organisation, Child Rights and You.

Jasper Teulings
General Counsel/Advocaat, Greenpeace International, Netherlands

Jasper Teulings is General Counsel/Advocaat at Greenpeace International’s legal unit, which

develops pro-active litigation strategies to support Greenpeace campaigns and provides pre-
publication reviews of potentially contentious publications, such as campaign reports on
environmental crimes. Jasper sits on the Board of the INGO Accountability Charter and
regularly speaks on a wide range of topics, including free speech and peaceful protest.

Vibeke Tuxen
Chair, Projektrådgivningen - PATC, Project Advise and Training Centre, Denmark

Vibeke Tuxen is Chair of Projektrådgivningen - PATC, Project Advise and Training Centre. With
a background in anthropology, she has worked with indigenous peoples' rights and promoted
social and environmentally sustainable development in developing countries for twenty years.
Tuxen is engaged in improving the political and economic conditions for the development of
Civil Society organisations, as well as in their rights and responsibilities. She represents the
Danish environmental NGO Nepenthes.

Erik Vithner
Manager of the Secretariate, Projektrådgivningen - PATC, Project Advise and Training Centre,
Denmark

Erik Vithner is the Manager of the Secretariate at Projektrådgivningen - PATC, Project Advise
and Training Centre, an independent association of more than 250 Danish Civil Society
Organisations engaged in development work in Asia, Africa or Latin America. Prior to that
Vithner was Manager at the Secretariate of Mellemfolkeligt Samvirke (ActionAid Denmark). His
particular focus is on management, strategies and external cooperation.