An appeal court in the Netherlands has rejected attempts by seabed miners in the Pacific to limit the right to protest at sea. The Amsterdam Court of Appeal dismissed a legal appeal from Nauru Ocean Resources Inc (NORI) against Greenpeace International.
After unsuccessful attempts to lobby governments to limit protests against deep sea mining vessels at the International Seabed Authority earlier this year, NORI pursued an appeal at the Amsterdam Court of Appeal to try and secure immunity against any future Greenpeace protests at sea. NORI was seeking a 500-metre zone to exclude Greenpeace protests around a vessel the company has been using to lay the groundwork for deep sea mining.
In response to the ruling, Greenpeace International Legal Counsel Michel Uiterwaal said, “Today’s judgment represents an important victory for peaceful protest in times where legal cases are increasingly used by the powerful to discourage dissent and drain the time and resources of organisations like Greenpeace International that don’t take money from governments or corporations.”
Greenpeace Aotearoa spokesperson Juressa Lee says, “This is an important win for Greenpeace and for the wider movement against seabed mining, as well as another vindication of the legitimacy of peaceful protest.
“The ruling should serve as a warning to all wannabe seabed miners – including Trans-Tasman Resources – that they should expect to face peaceful protest on land and at sea should they push ahead with their reckless plans to mine the seabed here in Aotearoa. Wherever they go, we will be there.”
On 30 November 2023, NORI, a wholly-owned subsidiary of The Metals Company (TMC), failed to get an injunction against Greenpeace International to try to halt a peaceful protest of two kayaks, small boats, and five climbers disrupting a deep sea mining exploration expedition in the at-risk region of the Pacific Ocean.
The Amsterdam District Court largely rejected a request by the deep sea mining company to issue an injunction, stating that it is “understandable” that Greenpeace International has resorted to peaceful direct action in the face of the “potentially very serious consequences” of the company’s plans.
In the appeal hearing on 23 October 2024, the seabed mining company argued that the right to protest under the European Convention on Human Rights (ECHR) does not apply on the high seas.
Today, the Court confirmed the right to protest on the high seas and that the ECHR applies on vessels that fly the flag of a State Party to the ECHR, but found it unnecessary to delve into the details given NORI’s lack of legal interest in the appeal. NORI failed to point to any concrete plans of its own that might be put in jeopardy by any plans of Greenpeace International.
Greenpeace International campaigner Louisa Casson said:
“This is yet a further blow for deep sea miners in a year where the number of governments calling for a halt to the industry has topped 30, and major businesses and insurers have committed to steer clear of getting involved with deep sea mining. Public opposition to deep sea mining continues to grow worldwide, including on the high seas, and governments can respond by seizing a historic opportunity to stop this industry before it can cause harm to the oceans.”
Seabed mining is a new threat to the oceans. Now is our chance to prevent the destruction before it’s too late.
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