TL: GREENPEACE ACTIVISTS FACE NORWEGIAN COURT FOR PROTESTING NORWAY'S WHALE HUNT SO: Greenpeace Netherlands, (GP) DT: September 2, 1994 Keywords: environment greenpeace norway europe protests whaling oceans / Egersund, Norway 6-9 September 1994 Greenpeace started its month-long series of anti-whaling demonstrations on July 1st. The Norwegian Government amended the Norwegian Salt Water Fisheries Act on July 15. According to Norway, this amendment would enable the coastguard to arrest Greenpeace ships which were protesting against the whale hunt. The Norwegian authorities claim that the new legislation, called the "Greenpeace law" by the media, made it illegal to hinder the whale hunt in the Norwegian Exclusive Economic Zone (EEZ). The changed law is in violation of (customary) international law. This law, among others, can be found in the United Nations Convention on the Law of Sea (UNCLOS). Norway has signed this treaty. The treaty is expected to enter into force in November of this year. UNCLOS does not give Norway the right to unilaterally apply and enforce their new legislation in relation to its whaling activities in its EEZ or on the High Seas. According to UNCLOS, Norway should protect marine mammals and cetaceans in its EEZ and for that reason, co-operate with the IWC and other states. Norway has disregarded the IWC commercial whaling ban -- agreed by member countries in 1985 -- by continuing its commercial minke whale hunt. In enforcing its "Greenpeace law", Norway denies Greenpeace its internationally recognised right to peaceful demonstration and also violates the right to freedom of navigation in international waters. Who has been charged? Six Greenpeace activists from the mv Sirius and mv Solo. Paul Horsman (UK), campaigner on Sirius Ron van der Horst (Netherlands) Sirius captain -- held responsible for hindering the whale hunt with Sirius on 20 July Kevin Bell (USA) crew member Solo Felicity (Stan) Crush (UK) crew member Solo -- allegedly hindered the whale hunt with their inflatable boat on 20 July Geert Drieman (Netherlands) campaigner Solo Albert Kuiken (Netherlands) Solo captain -- held responsible for hindering the whale hunt with Solo 23rd July The court will also rule on the confiscation of two Greenpeace inflatables. CHRONOLOGY OF 1994 WHALING PROTESTS JULY 1 The Greenpeace vessel mv Solo found the whaler "Senet". Five activists boarded the vessel in peaceful protest and forced the "Senet" back to the Norwegian port of Egersund. The "Senet" crew reacted aggressively and threw some of the activists overboard. Afterwards, the "Senet" returned to port. JUL 6 Another Greenpeace vessel, a disguised MV Sirius, found the "Senet" just after they had harpooned a minke whale. The activists decided to cut the harpoon line when they arrived. The whaler was again forced back to port. JULY 10 Mv Solo once again found the "Senet" in the whaling grounds, this time with three Norwegian coastguard vessels in attendance. Mv Sirius steamed to the scene. One of the coastguard vessels arrested two Greenpeace inflatables and their crew from the Sirius as they attempted to film the whaler hunting a minke whale. The whale escaped. Some of the Greenpeace crew were kept on board the coastguard vessel for 16 hours and brought to port in Egersund. The two other naval vessels spent 1.5 hours with ropes, wires and a net in an attempt to disable the Sirius' propeller, without success. The Coastguard then boarded the Sirius in international waters and arrested her. Sirius was then towed to Egersund. JULY 11 Three Greenpeace activists were held in custody for ten hours at the Egersund police station. JULY 12 The Sirius was released by the Egersund police, but had to leave one inflatable behind as 'evidence'. Once more the Solo found Senet and Sirius steamed out to the area. JULY 13 In the early morning, Sirius launched three inflatables and headed for the whaler. One inflatable was seized by the Norwegian coastguard. The Solo then launched its inflatables which manoeuvred into the whaler's firing line, preventing the hunt. When darkness fell, no whale had been shot and the "Senet" headed back to port. Sirius and Solo could finally retrieve the inflatables and their crews after their arduous 20-hour-long action at sea. JULY 15 The Norwegian Government rushes through its new "Greenpeace laws", under which Norway claims gives its coastguard the right to arrest anybody interfering with the whale hunt even outside its territorial waters. JULY 20 Once again, the Sirius inflatables successfully interfered with "Senet"s hunt. The coastguard, using several frightening manoeuvres to stop the inflatables and the Sirius, once came close to ramming the Sirius. Sirius was boarded and again arrested in international waters. As the coastguard towed Sirius back to Egersund, the Solo arrived on the scene and used water hoses and inflatables to obstruct the view of the "Senet", preventing the killing of two whales. JULY 21 Norwegian police decide to confiscate the Sirius at least until the whaling season ends. JULY 22 Fourteen Greenpeace activists were arrested after blocking the Ministry of Foreign Affairs building in Oslo with a massive wall of concrete and the slogan "Closed due to whaling". After a full day of campaigning against the whaling activities, the Norwegian coastguard unsuccessfully tried to arrest the Solo. JULY 23 The Norwegian coastguard tried to foul the Solo's propellers with cables at 2am. At 7.50am the Solo was finally boarded by the coastguard, arrested and towed to the port of Egersund. Four people were arrested for interfering with the whaling. WHY IS GREENPEACE TAKING ACTION AGAINST NORWAY? Norway defies the World In 1992, Norway shocked the world by announcing that it would resume commercial whaling in defiance of a worldwide ban introduced by the International Whaling Commission (IWC) in 1986. This decision has met with repeated worldwide condemnation but this has not deterred them. Norwegian whalers killed 226 whales out of a target of 296 in 1993. This year, Norway announced an increased quota of 301 whales to be killed for commercial and so- called "scientific" purposes. Norway Disregards Science and the IWC The IWC upheld the global moratorium on commercial whaling this year and Norway was also asked to stop killing whales for "science". The IWC's Scientific Committee discussed a paper which suggests Norway's estimate of 86,000 minke whales in the north-east Atlantic is much too high. A working group has been set up to investigate this matter but in the meantime there is no reliable population estimate for this whale population - another strong argument why Norway should stop the whaling. The IWC protected the north-east Atlantic minkes in 1985 because scientific evidence showed they were depleted below the IWC's protection level. In 1991, the IWC's Scientific Committee unanimously agreed - including Norwegian scientists - that this whale population had suffered a significant decline between 1952-1983. In 1993, a new analysis of Norwegian data showed the stock had been reduced to less than half of its original size - well below the IWC's protection threshold, and only 45 per cent of mature females could be left. The fact is, that Norway's decision to hunt this seriously depleted whale population has never been scientifically justified, despite their claims to the contrary. There is no question that this whale population should remain protected. This year, the IWC accepted that the Scientific Committee's work on a Revised Management Procedure (RMP) was complete. However, the Commission was explicit that this should not be used to legitimise any whaling. In fact, the IWC agreed that work must now focus on completion of a Revised Management Scheme (RMS) and this must include agreement on many elements. These would include a comprehensive inspection, monitoring and enforcement scheme and how to conduct and analyse data from future whale population surveys. Agreement would also be needed to ensure strict adherence to IWC decisions, including catch-quotas should the moratorium ever be lifted. Research into the effects of pollution, climate change and other threats to whale populations would also need to be taken into consideration in this work. The decision to continue the whale hunt demonstrates Norway's blatant disregard for the IWC and international agreements to protect the environment that do not suit their interests. It ignores all the scientific evidence which vindicates the IWC's decision to protect these whales and shows total contempt for overwhelming world public opinion. The Real Reason for Norway's Whaling Norway claims that its coastal whaling operations are a long standing tradition and that they have not harmed whale populations. Neither of these assertions are true. Modern Norwegian minke whaling only began in the 1930's and for decades was subject to weak regulations that did little to restrict operations. For example, catch quotas limited to geographic areas were not set until 1975 and individual quotas per vessel not introduced until 1984. In fact, much needed protective measures were only introduced after IWC pressure. Recently published reports by Norwegian whaling inspectors reveal illicit whaling activities were widespread in Norway during the 1980's, including serious under-reporting of catches. A whaling inspector described the crew of one boat, who had committed several infractions, as "...neither better nor worse than other whalers...there is not enough concern for the ecological balance in the sea. The commercial interests are put before consideration toward nature." Corruption continues within the whaling industry in Norway. In October 1993, an illegal consignment of over three tonnes of frozen whale meat was discovered at Oslo airport marked as "shrimps", intended for shipment to South Korea. The smuggled whale meat seemed destined for the lucrative Japanese market. There may be other reasons for the Norwegian Government's failure to protect whale populations. In April 1993, an unnamed source from Mrs Brundtland's office interviewed by the Norwegian Telegram Bureau and cited in the Norwegian newspaper "Adresseavisen" revealed that the decision to resume whaling was taken for political purposes. The Government announced whaling would resume just one week after an opinion poll showed substantial support for an opposition political party in the north. "We felt that we were in a need of a positive issue in northern Norway" the source said. The Greenpeace Boycott Campaign Norway's disregard for a major conservation treaty sets a dangerous precedent. Not only does this threaten the world's surviving whale populations, it also undermines other international agreements that seek to protect the environment. In 1993, Greenpeace launched an international boycott campaign of Norwegian products in protest at Norwegian whaling. The campaign has been widely supported costing Norwegian exporters an estimated US $75m in lost contracts. In turn, Norwegian companies are placing great pressure on the Norwegian Government and some have threatened to sue for loss of business. The boycott campaign has targeted various Norwegian export goods including fish, cheeses, clothing and other products. It has also focused on the tourist trade.