February 2003

Views expressed are those of the authors, not necessarily of the AFSC.

Advice for Those Planning Civil Disobedience

Mary E. Lord is Director, AFSC PeaceBuilding Unit.

AFSC is a partner in the Pledge of Resistance against a war in Iraq. Some local Pledge groups will engage in civil disobedience during the coming weeks and months. Civil disobedience is something we undertake with care, grounding our witness in the spirit of "that power that takes away the occasion of war." Through this particular form of nonviolent protest we seek to express our opposition to injustice and war, and to make visible our advocacy for peace. Individuals have different beliefs about civil disobedience as a form of protest, and individuals have different life circumstances that affect their ability to risk arrest and imprisonment. We should each follow our own conscience.

Jan. 9, 2003. Boston, MA. About a hundred protesters picketed outside the JFK Federal Building in Boston against the Immigration and Naturalization Service's "Special Registration" program. The National Security Entry-Exit Registration System, (NSEERS), ordered after the Sept. 11 attacks is designed to track most of the 35 million foreign nationals who stay temporarily in the US, but protesters feel the program is a form of racial and religious persecution and point to the recent arrests and detentions of Middle Eastern men and teenagers in California after they had tried to comply with the regulation © Marilyn Humphries

We have recently received mixed reports on how federal authorities at some government installations might respond to nonviolent civil disobedience. While it is still our experience that most federal authorities will respond to civil disobedience by charging those participating with a misdemeanor, it is possible that authorities at sensitive federal sites, such as military installations, could respond by charging those participating with federal felonies or by imposing longer jail or probationary terms for misdemeanors. Consequences for federal felony charges can involve loss of voting rights and difficulty in international travel. Non-citizens can face serious consequences such as deportation and loss of resident status. We are still trying to gather information on federal responses to civil disobedience in the new climate of the Patriot Act and the Homeland Security legislation. At this time, there are not clear answers. Anyone planning to participate in civil disobedience should therefore attend training for non-violence, and the training should include legal advice.

We should not give in to fear. We should also understand and assess what risks we each are and are not called to take at this time.

Starhawk is a writer and veteran activist.

• Arrange home support, someone who will take care of your cats, plants, kids, excuses to the boss, or whatever else you need.

• Arrange day-of-action support, someone who will be onsite to witness the action from a safe place, whom you will call at a prearranged time. If you don't call, your support person will know you are in jail and take action.

• Arrange legal support--someone who will be your lawyer and guard your interests. The National Lawyers' Guild has branches around the country, and many members are willing to volunteer support. You may have friends or contacts in the legal profession who are willing to help. Do them the favor of letting them know your intentions ahead of time.

• If you have no money, and no prearranged legal counsel, the court will appoint a public defender.

Before the action:

• Write or email your friends and relatives, let them know what you are planning to do and why, and ask them to stand by to call or write letters should you be arrested. Doing this will also help to get them involved in the issue.

• Write down the names, jail names if you are planning to use them, contact numbers and relevant emergency information for all who are taking part, and leave it in a safe place. Your support person should have access to it.

• Take thought to where you leave identification (if you choose not to carry it), car keys, money, and other necessities. Your support person should know where all of it is, and have access to it.

• Don't wear or carry anything that you cannot bear to lose.

• Write the contact numbers for your legal support and general support on your body in ink, as paper and pens may be taken from you.

• Once arrested, you may get a phone call or have access to a cell phone. Contact your legal and general support people. Pass on the names of all who have been arrested.

• While you are in jail, your support people can vigil at the jail, attend arraignments or trials, let your friends and relatives know where you are, visit you, and mobilize people to write letters or call officials on your behalf.

• When you get out of jail, they can greet you, feed you, help you get where you need to go, and provide massage, cheers, and healing.

• The role of support can be as stressful as going to jail. Supporters also need support, cheers, massage, and healing!

Copyright 2002 Starhawk. Readers are invited to visit the web site: www.starhawk.org.

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