Who Defends the Defenders? In many countries, the state response to peaceful environmental protest is increasingly to repress rather than to enable and protect those who wish to speak up for the environment.
Michel Forst is a prominent human rights advocate and the UN Special Rapporteur on Environmental Defenders under the Aarhus Convention. He previously served as the Special Rapporteur on Human Rights Defenders (2014–2020) and has worked with Amnesty International, UNESCO, and the Global Alliance of National Human Rights Institutions, championing protections for activists worldwide. Forst’s career is marked by his unwavering commitment to defending those at risk for advancing justice, environmental protection, and human rights globally.
THE CREATIVE PROCESS · ONE PLANET PODCAST
We’re speaking on January 14th, and already they say that the world's richest 1 percent have gone through their fair share of their carbon budget for 2025. In 200 years, we’ve gone through nearly all of our fossil fuels that took 300 million years for the Earth to create. There are a lot of reasons for people to want to peacefully protest. As Special Rapporteur for Environmental Defenders, you said last year that “in many countries, the state response to peaceful environmental protest is increasingly to repress rather than to enable and protect those who wish to speak up for the environment.” With all these alarming climate changes—like the fires in Los Angeles—people find that their primary way to voice their concerns is through protest. Yet, both in the Global North and Global South, there are, in some places, draconian measures and penalties. What can we do to change that? What is your mission under the Aarhus Convention?
MICHEL FORST
Maybe I should start by explaining why I have decided to focus on those who are using new forms of mobilization, like civil disobedience, to raise awareness with governments about the lack of action and the lack of responses to commitments made on the Paris Agreement.
In fact, I've been appointed in 2022 with this new mandate, which has been created to protect what we call the UN Environmental Defenders. This is a very broad category of people who are simply trying to protect the planet, in fact, using nonviolent forms of mobilization. Starting with this new mandate, because I had already won before, I decided to first consult with Environmental Defenders.
So, I started to travel within Europe. I visited around 23 to 24 countries in Europe, mostly EU countries, with a view to meet with governments to explain this new mandate and to explain my expectations for more input from governments to protect those who are at risk.
I also used the time spent in the capitals to invite Environmental Defenders to meet with me. I wanted to hear their voices, hear testimonies, and understand their expectations from this new mandate designed to protect them. I was impressed that the first individuals who came to me in Paris, Berlin, Madrid, Portugal, Denmark, and elsewhere were young people using civil disobedience as a means of action, trying to raise awareness and facing different forms of repression.
After hearing so many testimonies, I decided to focus the first months of my mandate on raising awareness with UN member states about my assessment of the situation, particularly in Europe. I presented a position paper on direct protest and civil disobedience and explained my understanding of civil disobedience according to human rights law standards.
My first assessment was very critical of governments. We see groups of people going to the streets, using new forms of mobilization, putting their hands on the floor, blocking access to airports and roads, and in return, facing brutality from the police. This is most apparent in countries like France, which is known for having one of the most violent police responses to demonstrations. However, the brutality of the police is a matter of concern for many activists. For instance, I was told about cases in Portugal and Denmark.
Young activists were arrested by the police, and women were asked to sweep the floor in front of male police officers, with no responses from the government regarding police behavior. In fact, police brutality in many countries is concerning, with new techniques employed by police officers, like in Germany, where there is a violent technique they call the "penguin response." They take the hands of those demonstrating, which is very painful, and you see young and older people crying after being mistreated by the police in Germany.
Furthermore, many activists are being brought to court and are being labeled as eco-terrorists, green Taliban, or green Khmer by high-level politicians in the UK, France, and Austria. Those ministers seem to forget who the real terrorists are, making brutal choices across the world. Comparing young activists to such categories is difficult to understand and unacceptable.
I also try to monitor what's happening in the courts in France and the UK. I discovered how the UK treats young activists. It's widely known that there are severe consequences, like five years in prison for nonviolent, peaceful protesters. For instance, Daniel Shaw in the UK faced penalties simply for organizing a Zoom call to decide whether or not they would block a guest report. In France, penalties are less severe, but the stark contrast in the UK and other countries is quite striking.
THE CREATIVE PROCESS · ONE PLANET PODCAST
So in terms of solutions for public-private enterprise, how do you reach out? How do you come to a kind of consensus when they focus on short-term profits, disregarding climate change and biodiversity loss?
FORST
My role, in fact, is limited because my mandate focuses on the protection of those trying to protect the planet. Protection of defenders is my main topic. When I'm speaking to states or companies, it's always related to cases of defenders facing threats, attacks, or penalization by companies or governments, like the recent case of Paul Watson (founder of Sea Shepherd) in Denmark. When I receive complaints from defenders, I speak to both states and companies. The rate of response is quite good; if you look at the website where I publish all my communications sent to states and the responses from companies, you will see a high rate of replies from both.
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We find as we look back into history and traditions, there is a bed of emotional and spiritual knowledge. Many traditions for cultivating the Earth, things that we tend to forget now in our rush to modernization. France has its own agricultural traditions and and you grew up here in France?
FORST
Yes, I did grow up in France, but when I travel to places like Peru, Colombia, or Honduras and meet Indigenous people, I realize they have a relationship with nature that we don't have anymore. They express that the food they eat, the water they drink, and the air they breathe goes beyond just air and food; it represents what they call Pachamama or Mother Earth. This is a cosmovision shared across various communities, not only in Latin America but globally.
Traveling in many communities worldwide, whether in Africa, Asia, or Latin America, I witness the same relationship with nature. The concept of Pachamama transcends Latin America; it embodies the Earth Mother recognized in communities across the globe. However, we have lost that relationship with nature.
While it is difficult to say if we can reclaim it, spending time with these communities, sharing food and experiences fosters a sense of solidarity that is invaluable.
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Tell me about your teachers and mentors, those leaders who really inspired you on your journey.
FORST
When I was young, I was an avid reader; I read a lot of stories, romances, and novels from various writers, primarily in French. As I began working with organizations, I was inspired by my mentors, including law professors at the UN, who developed new norms, legislation, and international standards that motivated me. Though my role is primarily to receive and address complaints, I draw inspiration from those law professors and UN officials who serve as models for me.
Many people do not understand what the UN does; the UN can only act within the limits set by member states. However, within the UN, many experts have viable solutions and plans for the planet that often go unheard by policymakers. Additionally, there are instances where one can find allies, while simultaneously confronting countries that resist positive change.
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In all your travels and all the people you've met, you've spoken about the ways in which we're failing the planet, but you must have also witnessed so much of the beauty and wonder of the natural world. You’ve met with indigenous groups, farmers, and people who are cultivating the land who have a real relationship with the Earth and why we need to defend it.
FORST
In Latin America, I spend time in communities, observing their behaviors and relationships with nature, which serves as a great source of inspiration for me. I also served on an official mission to Australia, invited by the Australian government to assess the situation of defenders. Traveling from state to state, I met with Indigenous people who conveyed experiences similar to what I witnessed in other countries. They live peacefully, maintaining their relationship with nature, but then they face encroachment as companies attempt to drill or exploit their lands without proper consultation or information.
This situation is not unique to Australia. International instruments like the Earth Convention, foundational to my mandate, are crucial because they establish three essential pillars for nature protection: access to information, public participation, and access to justice. The first pillar mandates that states share information and discuss plans that may affect local populations. The second pillar ensures those impacted by new industries have the right to participate in the decision-making process, including the right to reject proposals. The third pillar allows individuals to seek justice if their rights are violated, both domestically and through international bodies.
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Many people are looking to AI as a new religion. Something that will answer the big questions and solve our problems. What are your reflections on what AI is doing to us on an individual level? How it’s changing the way we communicate with each other, our creativity, and our spirituality? It has obvious benefits but also huge environmental costs.
FORST
Recently, I encountered a woman who presented a video on her mobile phone, claiming it contained statements she was expected to make on behalf of her community. She insisted it was fake and expressed how it eroded trust in her leadership. Such fabricated videos and images have become tools used by governments and companies against communities. Even elected officials are not immune to this manipulation.
The dangers of AI in this context are alarming. Small communities, especially in developing countries, lack the means to defend themselves and often do not comprehend the technology capable of generating fake videos. If they fail to recognize the deception, they see it as reality, negatively affecting the work of their entire community or NGO.
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You have a strong base in the humanities. You studied languages and theology. Tell us how those disciplines are at the service of what you do today?
FORST
Theology also remains in the back of my mind daily, serving as a source of inspiration and instilling values and hope. This deep engagement was not a conscious decision to build a career but rather a path influenced by choices and reflective experiences. I also practice meditation, which helps empty my mind of concerns and reconnect with sources of inspiration, whether through humanities, arts, or spiritual practices.