EU links protests and terrorism in action plan
01 August 2001
No sign of accountability or data protection in "anti-terrorism roadmap"; para-military police units to control protests; German plan for EU "foreigners" register; US demands data retention and surveillance
INTRODUCTION
After the attacks in the US on 11 September there was a special meeting of the EU's Justice and Home Affairs Council on 20 September - this was followed by the scheduled meeting on 27 September, special meetings on 16 October and 16 November and the planned meeting on 6-7 December.
The "Conclusions" of the meeting on 20 September set out a far-ranging programme of responses covering both legislative and "operational" measures. These "Conclusions" termed an "Anti-terrorist roadmap" are also incorporated in reports to the General Affairs Council (EU Foreign Secretaries) covering military, diplomatic and economic responses in additions to those on justice and home affairs.
Most of the legislative measures proposed, like that for a "Eurowarrant", were all already in the pipeline at various stages of drafting or adoption. The 20 September Conclusions however set new deadlines - in most cases by the 6-7 December - to "fast-track" twelve measures. This means that most are being rushed through the European Parliament and national parliaments. These include an EU definition of "terrorism" and the introduction of an EU-wide warrant for arrest.
One of the new measures is the "examination of legislation with reference to the terrorist threat" which was followed in the roadmap as: "The process is underway at the Commission for rules on asylum and immigration". In the 20 September "Conclusions" this was referred to in the following terms:
The Council invites the Commission to examine urgently the relationship between safeguarding internal security and complying with international protection obligations and instruments"
Definition of "terrorism" covers protests
The definition of "terrorism" put forward by the European Commission would cover protests (like Gothenburg and Genoa) and "urban violence" (often viewed as self-defence by local communities). It would cover:
seriously altering or destroying the political, economic or social structures of those countries (emphasis added).
The Council (the EU governments) want to go even further and define it as:
affecting or destroying the political, economic or social structures of a country or of an international organisation (emphasis added).
Either of these definitions, coupled with the planned new operational measures, could see protestors and other groups treated as if they are "terrorists" (see below).
Moreover, what began as a possibility in the 20 September "Conclusions" but became a definite commitment by 16 October is to draw up an EU list of proscribed organisations. This has all the dangers of the UK's Terrorism Act and ignores that distinction drawn in a European Parliament report between terrorism and "acts of resistance in third countries against state structures who themselves employ terrorist methods".
The proposed definition would, ominously, cover:
Unlawful seizure of or damage to state or government facilities, means of public transport, infrastructure facilities, places of public use, and property (Article 3.f)
This could embrace a wide range of demonstration and protests - ranging from the non-violent Greenham Common Womens protests against a US Cruise missile base in the UK to the protests in Genoa. The term "property" covers public and private property. This offence would carry a sentence of up to 5 years in prison and could also apply under Article 4 to "instigating, aiding, abetting or attempting to commit" a defined terrorist offence.
In addition Article 3.h. cover offences: "endangering people, property, animals or the environment" and could refer, for example, to animal right protests.
The intent to extend the definition of "terrorism" to cover protests is also indicated in Article 5.3 which adds "alternative sanctions s