An Útlendingur’s ongoing guide to getting shit done
It may still be cold in Iceland, but it sure feels like the world is on fire. Maybe, catalysed by said fire, you’re in the mood to join your peers in a little peaceful protest against, say, Israel’s ongoing genocide of the Palestinian people. But what are your rights to do so? Sure, you want the Icelandic state to sanction Israel, cut all diplomatic ties with the war criminals leading that nation and affirm its recognition of the Palestinian state, but you also don’t want to end up in jail.
Can protesting land you in jail? Do we útlendingurs enjoy the same rights as Icelandic citizens when it comes to engaging in peaceful demonstrations? We took these questions to Oddur Ástráðsson, an attorney and partner at Réttur law firm.
First and foremost, the right to protest is safeguarded by the Icelandic constitution and the European Convention on Human Rights. “But, of course, there are some outer boundaries and circumstances may arise where the government may interfere with that right,” Oddur explains. “But, the onus is on the government to evidence that they rightfully obstructed that right.”
Instances in which the government would have the right to quell protest would be if people’s safety is threatened or if protesters are engaging in actions that are damaging property. “Essentially, you cannot be acting in a way that could be considered criminal,” Oddur says. He explains that police have previously cracked down on protest in Iceland, namely during the so-called Pots and Pans Protests that erupted in the wake of the 2008 financial collapse, when some protesters began throwing objects and attempting to damage public property.
“Regarding the rights of foreign nationals or citizens of other countries to engage in protest, however, it’s clear under the Icelandic Constitution and in Iceland’s obligations under the European Convention on Human Rights that everybody who lives or stays in Iceland should enjoy the same fundamental human rights,” Oddur says. “So from the human rights perspective, it shouldn’t matter whether an individual is a citizen of Iceland or a citizen of another country — the right to engage in and participate in protest is construed in the same manner from a human rights perspective. That’s quite clear.”
As an immigrant, once you’re engaging in activity that can be deemed criminal, however, you risk not only fines and jail time — as anyone would be subject to — but also finding yourself on the wrong side of the Directorate of Immigration, who can decide to initiate expulsion proceedings on its own initiative because of information on criminal records. A criminal record will also preclude you from securing Icelandic citizenship at a later date, if that’s something you’re interested in.
As Oddur advises, “never engage in any kind of act of violence, never engage in any kind of acts that could be considered to damage property and generally abide by the instructions of police. So, let’s say if a police puts up a barricade — be on the right side of that barricade.”
When that barricade moves, that’s when having a lawyer on your side comes in handy. Oddur is currently exploring a case against the state on behalf of pro-Palestine protesters who were pepper-sprayed by police while peacefully protesting on May 31.
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