Megaboete Greenpeace stands for worrying trend, see NGOs

Dutch non-governmental organizations (NGOs) see the megabut that Greenpeace received yesterday as part of a worrying development. According to the organizations, the pronunciation cannot be seen separately from the growing power of companies and the increasingly smaller space in which social organizations can move.

A jury in North Dakota ruled that Greenpeace must pay compensation to the owner of an oil pipeline. In 2016, the environmental organization protested with a indigenous population group against its construction. The pipeline company then challenged Greenpeace.

Greenpeace says that lawsuits such as these are intended to silence social organizations or journalists by begging them under legal costs. They can rise considerably because a business can last for years. Such a case is also called a ‘slapp case’. This kind of thing is not new, but is increasingly common, see NGOs.

Dutch NGOs think that the outcome of the court case could lead to the fact that social organizations become more careful with criticism of companies and governments. “The case has a clear precedent effect, although it is an American phenomenon that it involves so much money,” says Paul van den Berg, political adviser at Cordaid. “Organizations that see this news think that they might be the following themselves.”

With these things you also see the enormous difference in power between large companies and NGOs, says Rolien Sasse, director of Pax. “They have enormous incomes. Just hiring lawyers we are 10-0 behind. While that is a laugh for a company.” An NGO can be fatal before he is over, says Daniel Simons, lawyer at Greenpeace International.

Since last year, there has been legislation against such Slapp rights in Europe. Dutch NGOs are therefore not yet much worried about similar things in the Netherlands, they say. “We have to cherish this legislation,” says PAX director Sasse, “because it is threatening to see that it can happen in a democratic country.”

But organizations also see in Europe and in the Netherlands also under pressure. According to the Coalition Against Slapps in Europea collaboration of NGOs, in 2023 166 of this type of Slapp issues were tightened, 12 of which were in the Netherlands.

Sasse sees that in the Netherlands the awareness of the public interest of social organizations is decreasing. “You can see that in discussions in the Lower House, for example about the right of demonstration, financing or about whether we can contract a lawsuit against the state.”

A well -functioning rule of law is crucial for civil society organizations, Van den Berg of Cordaid emphasizes. “Otherwise we have no certainty that we will be protected by the Constitution.”

Thea Hilhorst, Professor of Humanitarian Studies at Erasmus University, has been concerned about the limitation of the space of civil society for some time. “And now we also see this in the US, while that country was always the height of democracy.”

In the past, the US supported social organizations and protested against human rights violation, but now wants to put a line through its own aid organization USAID. “Because of this you will get a domino effect worldwide. All kinds of dictatorships now think they can just go their own way. And American organizations will censor themselves, because they are afraid that otherwise they won’t get any money anymore.”

Amnesty International says that the statement underlines that his work is indispensable. “Our task as a watchdog is more important than ever,” responds the human rights organization.

Greenpeace International does not intend to be intimidated by the ruling. “We exist for a goal. If we are no longer willing to do that, we might as well close,” says lawyer Simons.

Only when the judge has confirmed the jury’s verdict can Greenpeace appeal. If the American branch indeed has to pay the fine, that department goes bankrupt, the lawyer says.

Greenpeace International, one of the three Greenpeace organizations that were charged, has now held the Texan pipeline group for the Dutch court, because she believes that the case in America is not based on anything. The company has until 2 July to appoint a lawyer.