Author: ELSC

Letter in Support of Dr. Anna Younes

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Post date 4 April 2022
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The ELSC published a letter signed by over 500 scholars, artists, activists, organisations and human rights defenders to support Dr. Anna Younes and other scholars, activists and journalists against censorship and unlawful surveillance in Germany.

Sign the support letter

Support scholars, activists and journalists against censorship and unlawful surveillance

We the undersigned scholars, artists, activists and organizations, stand in solidarity with Dr. Anna-Esther Younes, a German-Palestinian critical race and post-colonial scholar, who has already faced several misinformation media campaigns in Germany due to her academic and policy related work on anti-Jewish racism and Palestinian rights. In November 2019, a secret file about her was leaked to her, which had already led to professional exclusions based on unlawful secret data collection and surveillance research by state-funded civil society organizations that purport to investigate anti-Semitism in German society. As signatories we support her struggle against all forms of racism, including anti-Muslim racism and anti-Jewish racism, everywhere. We condemn repression in Germany that targets Critical Race theorists, advocates of Palestinian human rights, and supporters of BDS. We therefore endorse Dr. Younes’s campaign for data protection and the release of secret files on her and potential other decolonial and anti-racist scholars and activists.

We are alarmed by recent efforts to exclude Dr. Anna-Esther Younes from academia and from the public debate in Germany. In November 2019, the Berlin Department for Research and Information on Antisemitism (RIAS) prepared a secret file that patches together distorted selections of Dr. Younes’s writings to defame her distorting her scholarly work as allegedly supporting Islamism, Sexism, and by extension anti-Semitism. This file appears to have been circulated to politicians and event organizers in order to exclude her from a public debate on racism and right-wing extremism in Germany. Jewish Voice for a Just Peace in the Middle East (JVP), Germany, has unequivocally defended Dr. Younes’s scholarship and condemned allegations on the “basis of decontextualized information, hearsay, and guilt by association.” JVP has reminded us that: “We need more, not less, critical analyses that shed light on the phenomenon of Islamophobia and its connection to antisemitism, as do those of Younes.” The purpose and method of information collection and sharing by RIAS did not respect Dr. Younes’s fundamental right to privacy and resembles State surveillance through a state-funded civil society organization.

We, the undersigned, believe that surveillance and secretly circulating defamatory documentation has no place in a democratic society. Attempts to silence critical and particularly minority voices in Germany have a common denominator: anti-Palestinian racism cloaked in anti-BDS positions. The German Parliament made such discrimination state doctrine when it adopted an anti-BDS resolution in 2019.

Dr. Younes’s RIAS file also features a public letter addressed to the German parliament and government signed by her and other international scholars. That letter is supposedly proof of her anti-Semitism. In anticipation of the proliferation of such fraudulent charges, hundreds of German, international, Jewish and Israeli scholars, among them world authorities on anti-Jewish racism and the history of the Holocaust, had earlier condemned the German Parliament’s anti-BDS declaration as an “unreasonable, disproportionate and unlawful limitation of the right to freedom of expression, association and assembly of human rights defenders.” They have pledged not to serve on juries or prize committees or in academic hiring consultations in Germany whenever there are “convincing indicators that their decisions may be subject to ideological or political interference or litmus tests.” Last year, the European Court of Human Rights (ECtHR) has rejected the criminalization of boycotts directed against Israel in support of Palestinian rights and affirmed BDS as a legitimate exercise of freedom of expression.

Based on the above, and irrespective of our diverse positions on supporting BDS, we demand RIAS release all documentation it has assembled on Dr. Younes and potential other decolonial and anti-racist scholars and activists. We, the signatories, also urge German institutions to rein in anti-Palestinian racism. There must be no Palestine exception to academic freedom and freedom of expression.

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The first signatories:

European Legal Support Center (ELSC), The Netherlands
Room 4 Resistance, queer DJs and nightlife activists collective, Germany
Ronnie Kasrils, Former South African Government Minister and Author, South Africa
The Jewish Antifascist Bund, Berlin, Germany
Prof. Judith Butler, University of California, Berkeley, USA
Bundestag 3 for Palestine (BT3P), Germany
Palästina Spricht / Palestine Speaks, Germany
Dirk Moses, Frank Porter Graham Distinguished Professor of Global Human Rights History, Department of History, University of North Carolina, USA
Prof. Ella Shohat, Author, USA
Dr. Rashid Khalidi, Edward Said Professor of Modern Arab Studies, Columbia University; Co-Editor, Journal of Palestine Studies, USA
Prof. Amos Goldberg, The Hebrew University of Jerusalem, Israel
Ken Loach, Film Director, UK
Achille Mbembe, Research Professor in History and Politics University of the Witwatersrand Johannesburg, South Africa
Prof. Noam Chomsky, University of Arizona, USA
Omar Barghouti, human rights defender, Palestine
Houria Bouteldja, decolonial activist, France
Professor Alana Lentin, Western Sydney University, Australia
Dr. Yassir Morsi, Writer and Academic, Australia
Françoise Vergès, Antiracist Decolonial Feminist, Writer, France
Prof. Emeritus Dr. Fanny-Michaela Reisin, former president of the International League for Human Rights – FIDH Germany, Germany
Aviad Albert, PhD candidate, University of Cologne, Germany
Prof. Emeritus John Dugard, Universities of Leiden and the Witwatersrand, The Netherlands and South Africa
Dr. Fatima El-Tayeb, Professor of Ethnicity, Race & Migration, Yale University, USA
Nacira Guénif, Sociologist and Anthropologist Professor, University of Paris 8, France
Prof. Emeritus Avner Ben-Amos, Tel-Aviv University, Israel
Dr. Sami Khatib, Interim Professor, Staatliche Hochschule für Gestaltung (HfG) Karlsruhe, Germany
Dr. Hilla Dayan, Lecturer, Amsterdam University College, The Netherlands and co-founder Academic for Equality, Israel
Prof. Boaventura de Sousa Santos, Sociologist, University of Coimbra, Portugal
Prof. Roy Wagner, GESS department, ETH Zurich, Switzerland
Prof. Nurit Peled-Elhanan, Hebrew university (rtd) and David Yellin Academic College Laureate of the EU Parliament Sakharov award for human rights and the freedom of thought, Israel
Dr. Ofer Shinar Levanon, Hebrew University and Ruppin Academic College, Israel
Dr. Itamar Shachar, Postdoctoral Fellow, Department of Sociology, Ghent University, Belgium
Prof. James Dickins, University of Leeds, UK
Dr. Robert Boyce, Emeritus Reader, London School of Economics, UK
E. Natalie Rothman, Associate Professor of History, University of Toronto, Canada
Ronit Lentin, Associate Professor, Sociology (retired), Trinity College Dublin, Ireland
Prof. Hagit Borer, FBA, FLSA, Department of Linguistics, SLLF, Queen Mary, University of London, UK
Prof. Haim Bresheeth, Professorial Research Associate, SOAS, University of London, UK
Dr. Shir Hever, Manager of BIP e.V., Germany
Dr. Samir Abed-Rabbo, Professor of Political Science, Mansfield, USA
Prof. em. Dr. Norman Paech, University of Hamburg, Germany
Paul Mendes-Flohr, Professor Emeritus, Hebrew University of Jerusalem, Israel
Thomas Perroud, Professor of Public Law, Pantheon-Assas University, France
Mark LeVine, Professor of History, Chair, Program in Global Middle East Studies, UC Irvine, USA
Paul Aarts, Dept. of Political Science, University of Amsterdam, The Netherlands
7amleh, Arab Center for the Advancement of Social Media, Palestine
British Committee for the Universities of Palestine (BRICUP), UK
Jüdische Stimme für gerechten Frieden in Nahost (Jewish Voice for a Just Peace in the Middle East), Germany
UK-Palestine Mental Health Network, UK
AURDIP (Association des Universitaires pour le respect du droit international en Palestine), France
Another Jewish Voice, Belgium
Independent Jewish Voices Canada
Comité Pour Une Paix Juste Au Proche-Orient, Luxembourg
Norwich Palestine Solidarity Campaign, UK
The Rights Forum, The Netherlands
Jewish Network for Palestine, UK
Palestine Solidarity Campaign, Ireland
Academics for Palestine, Ireland
Dutch Higher Education in Solidarity with Palestine, The Netherlands
Centre for Counter Hegemonic Studies, Australia
California Scholars for Academic Freedom, USA
Jewish Voice for Peace, Milwaukee Chapter, USA
Israeli Committee Against House Demolitions – Germany, Germany
Aydoun Holland, The Netherlands
Finnish-Arab Friendship Society, Finland
North Herts Palestine Solidarity Campaign, UK
BACBI, Belgian Campaign for the Academic and Cultural Boycott of Israel, Belgium
International Fellowship of Reconciliation-France, France
Free Palestine Maastricht, The Netherlands
Institut für Palästinakunde (reg. assoc.) – Institute for the Study of Palestine (reg. assoc.), Germany
BDS Berlin, Germany
Bündnis gegen Rassismus Berlin, Germany
Die LINKE Berlin LAG Internationals, Germany
Dance with Pride, Germany and The Netherlands
Antifascist Music Alliance, Germany and The Netherlands
Decolonial International Network, The Netherlands
Diensten en Onderzoek Centrum Palestina (docP), The Netherlands
Europeans Jews for a Just Peace (EJJP), UK
Jews for Justice for Palestinians (JFJFP), UK
Een Ander Joods Geluid (EAJG), The Netherlands
British Society for Middle Eastern Studies (BRISMES), UK
Artists for Palestine, UK
Palestine Legal, USA
Association France Palestine Solidarité (AFPS), France
Comité pour le respect des libertés et des droits de l’homme en Tunisie (CRLDHT), France
Fédération des tunisiens citoyens des deux rives (FTCR), France
Palestina Solidariteit, Belgium
Palästinensischen Studenten Verein Berlin – Brandenburg PSV e.V., Germany
Collectif Judéo Arabe et Citoyen pour la Palestine (CJACP), France
CAGE, UK
Coalition of Anti-Racist Educators (CARE), No More Exclusions, UK
Women in Black (Vienna), Austria
Plateforme des ONG françaises pour la Palestine, France
UCL Students for Justice in Palestine, UK
Samidoun Palestinian Prisoner Solidarity Network
Border Violence Monitoring Network
Islamic Human Rights Commission, UK
Africa 4 Palestine, South Africa
Na’eem Jeenah, Executive Director, Afro-Middle East Centre, South Africa
Dr. Leena Dallasheh, Associate Professor of History, Humboldt State University, USA
Dr. Maria Elena Indelicato, CEEC Individual FCT Researcher, University of Coimbra, Centre for Social Studies, Portugal
Livnat Konopny Decleve, PhD candidate, Tel Aviv University, Israel
Bob Brecher, Professor Emeritus of Moral Philosophy, University of Brighton, UK
Richard Seaford, Emeritus Professor of Ancient Greek, University of Exeter, UK
Prof. Greg Philo (emeritus), Glasgow University, UK
Dr. Derek Summerfield, Honorary Senior Clinical Lecturer, Institute of Psychiatry, Psychology & Neuroscience, King’s College, University of London, UK
Herman De Ley, Emeritus Professor, Ghent University, Belgian Campaign for the Academic and Cultural Boycott of Israel (BACBI), member of the Coordination Committee, Belgium
Dr. Sai Englert, Lecturer, Leiden University, The Netherlands
Prof. Yonathan (jon) Anson, Ben-Gurion University of the Negev (retired), Israel
Lucia Admiraal, Assistant Professor Middle Eastern Studies, University of Groningen, The Netherlands
Dr. Lana Sirri, Project manager BIWOC Rising, Germany
Prof. Joseph Levine, Professor of Philosophy, University of Massachusetts Amherst, USA
Bruce Ackerman, Sterling Professor of Law and Political Science, Yale University*, USA. (*For purposes of identification only. The position taken here should not be attributed to the University)
Prof.dr.em Annelies Moors, University of Amsterdam, The Netherlands
Professor Emerita, Lisa Rofel, University of California, Santa Cruz, National Board, Member, Jewish Voice for Peace, USA
Prof. Susan Rose-Ackerman, Henry R. Luce Professor of Jurisprudence, Law and Political Science, Emeritur, Yale University, USA
Dr. Lila Abu-Lughod, Professor at Columbia University, USA
Ghislain Poissonnier, French magistrate, France
Prof. Paola Bacchetta, University of California, Berkeley, Turtle Island, USA
Prof. Rebecca Ruth Gould, Professor, Islamic World & Comparative Literature, University of Birmingham, UK
Dr. Noa Roei, Assistant Professor, Department of Literary and Cultural Analysis, University of Amsterdam, The Netherlands
Dr. Jeff Handmaker, Associate Professor in Legal Sociology, Erasmus University Rotterdam, The Netherlands
Ms Sarah Sheriff, Lecturer, Adult & Community Education, London, UK
Dr. Jens Hanssen, Assoc. Prof., Arab Civilization, Mediterranean Studies and Middle Eastern History, University of Toronto, Canada
Dr. Jess Bier, Assistant professor of urban sociology, Erasmus University Rotterdam, The Netherlands
Dr. Lieke Smits, Postdoctoral researcher, University of Antwerp, Belgium
Dr. Lisa Stampnitzky, Lecturer in Politics, University of Sheffield, UK
Dr. David Kattenburg, University science instructor & journalist, Breda, The Netherlands
Dr. Nicola Perugini, Senior Lecturer in International Relations, University of Edinburgh, UK
Irene van Oorschot, PhD, Postdoctoral researcher, The Netherlands
Prof. Neve Gordon, International Law, School of Law, Queen Mary University of London, UK
Dr. Brooke Maddux, France Palestine Mental Health Network, doctoral scholar in Philosophy, Université de Reims, France
Dr. Polly Pallister-Wilkins, Associate Professor, Political Science, University of Amsterdam, The Netherlands
Dr. Tamar Berger, Bezalel academy of art and design, Jerusalem, Israel
Prof. Esther Peeren, Professor of Cultural Analysis & Academic Director, Amsterdam School for Cultural Analysis, University of Amsterdam, The Netherlands
Alon Confino, Pen Tishkach Chair of Holocaust Studies, Professor of History and Jewish Studies, Director, Institute for Holocaust, Genocide, and Memory Studies, University of Massachusetts, Amherst, USA
Dr. Tammy Razi, Sapir College, Israel
Dr. Lori A. Allen, Reader in Anthropology, Department of Anthropology & Sociology, SOAS, University of London, UK
Prof. Laleh Khalili, School of Politics and International Relations, Queen Mary University of London, UK
Prof. Goldie Osuri, Department of Sociology, University of Warwick, UK
Assoz. Prof. Dr. Birgit Englert, University of Vienna, Austria
Shmuel Groag, Senior lecturer, Bezalel academy of Art and Design, Jerusalem
Dr. Anat Matar, The Department of Philosophy, Tel Aviv University, Israel and co-founder, Academia for Equality, Israel
Prof. Carole H Browner, University of California Los Angeles (UCLA), USA
Nahla Abdo, Professor (Sociology and Anthropology), Carleton University, Canada
PhD fellow, Udi Raz, Berlin Graduate School Muslim Cultures and Societies, Germany
Dr. Anne de Jong, Associate Professor Anthropology, University of Amsterdam, The Netherlands
Ismail Poonawala, Professor of Arabic & Islamic Studies, UCLA, USA
Dr. Eloe Kingma, Managing Director Amsterdam School for Cultural Analysis, The Netherlands
Professor Emeritus, Raymond Bush, African Studies and Development Politics, POLIS, University of Leeds, UK
Dr. Michiel Bot, Assistant Professor, Tilburg University, The Netherlands
Christian Henderson, PhD Assistant Professor, Leiden Institute for Area Studies (LIAS), Leiden University, The Netherlands
Prof. Salman Sayyid, Professor of Social Theory & Decolonial Thought, University of Leeds, UK
Prof. Boaventura de Sousa Santos, Sociologist, University of Coimbra, Portugal
Dr. Hatem Bazian, University of California, Berkeley, USA
Dr.Melanie Richter-Montpetit, Senior Lecturer in International Security and Director of the Centre for Advanced International Theory, University of Sussex, UK
Mudar Kassis, Birzeit University, Palestine
Prof. Riccardo Bocco, The Graduate Institute of International and Development Studies, Switzerland
Dr. Kobi Kabalek, Penn State University, USA
Prof. Dr. Henning Melber, University of Pretoria, South Africa
Prof. Sari Hanafi, American University of Beirut, Lebanon
Dr. Paniz Musawi Natanzi, Post-Doctoral Research Associate, SOAS, University of London, UK
Prof. Dr. emeritus Moshe Zuckermann, Tel Aviv University, Israel
Miss Akudo McGee, PhD Researcher, Maastricht University, The Netherlands
Law Professor Xavier Dupré de Boulois, Université Paris 1 Panthéon-Sorbonne, France
Dr. Rasha Soliman, Associate Professor of Arabic Language and Linguistics, University of Leeds, UK
Dr. Inna Michaeli, Sociologist, Germany
Prof. em. dr. Marc David Dep. Wiskunde, Universiteit Antwerpen, Belgium
Prof. Eva Brems, Head of the Human Rights Centre, Ghent University, Belgium
Prof. Kanishka Goonewardena, University of Toronto, Canada
Dr. Nozomi Takahashi, Ghent University, Belgium
Prof. Dr. Reinhart Kößler, Germany
Dr. Maya Mikdashi, Assistant Professor, Rutgers University, USA
Dr. Jacques Englebert, Lawyer and Professor, Université Libre de Bruxelles, Belgium
Associate Professor (retired) Robert Kirchner, University of Alberta Linguistics Dept (retired), Independent Jewish Voices Canada, steering committee, Temple Beth Ora Reform Jewish synagogue, board member, Canada
Gordon Doctorow, Ed.D. (adjunct faculty member, Nova Southeastern University—identification purposes only), Canada
Prof. em. Vincent Wertz, Ecole Polytechnique de Louvain, Belgium
Dr. Rabab Ibrahim Abdulhadi, Director and Senior Scholar, Arab and Muslim Ethnicities and Diasporas Studies Associate Professor of Ethnic Studies San Francisco State University, USA
Prof. Geert van Loo, VIB-UGent Center for Inflammation research Gent, Belgium
Prof. Farid Esack, University of Johannesburg, South Africa
Prof. Dr. Gilbert Achcar, SOAS, University of London, UK
Jessica Elias, Tutor in Politics and Culture of the Middle East, Leiden University, The Netherlands
Dr. Helmut Krieger, University of Vienna, Austria
Marc Mormont, Professor, University of Liege, Belgium
Dr. Leander Meuris, Staff scientist, VIB-UGent Center for Medical Biotechnology, Belgium
Dr. Beatriz de Abreu Fialho Gomes, retired Senior Lecturer, University of Vienna, Austria
Stef Craps, Professor of English Literature, Ghent University, Belgium
Prof. em. Dr. Wolf Linder University of Bern, Switzerland
Dr. Hanan Toukan, Bard College Berlin, Germany
Norma Rantisi Professor, Dept. of Geography, Planning & Environment, Concordia University, Canada
Marjolein De Pau, PhD Candidate at Ghent University, Belgium
Dr. Dror Warschawski, Sorbonne Université, Paris, France
Layal Ftouni, Assistant Professor of Gender Studies and Critical Theory Utrecht University, The Netherlands
PhD researcher Brigitte Herremans, Law Faculty, Ghent University, Belgium
Dr. Anya Topolski, Associate Professor in Ethics and Political Philosophy, Radboud University, The Netherlands
Eric Shragge, Associate Professor (retired) School of Community and Public Affairs, Concordia University, Montreal Quebec, Canada
Dr. Terri Ginsberg, Assistant Professor of Cinema, Concordia University, Canada
Dr. Ardi Imseis, Assistant Professor of Law Academic Director, International Law Programs Faculty of Law Queen’s University, UK
Mark Ayyash, Associate Professor of Sociology, Mount Royal University, Canada
John King, Associate Adjunct Professor, New York University, USA
Denis Kosseim Philosophy Department CEGEP André-Laurendeau Montréal, Canada
Dr. Todd May, Philosopher, USA
Randa Farah, Associate Professor University of Western Ontario, Canada
Dr. Alexis Merlaud, Belgian Institute for Space Aeronomy, Belgium
Michael Rothberg, Professor of Comparative Literature, English, and Holocaust Studies, UCLA, USA
Prof. Mark Lance, Department of philosophy, program on justice and peace Georgetown University, USA
Dr. Les Levidow Senior Research Fellow Open University, UK
Dr. Imad Mustafa, University Erfurt, Germany
Dr. Chiara De Cesari, Associate Professor, European and Cultural Studies, University of Amsterdam, The Netherlands
Dr. Susan Blackwell Lecturer, Dept of Languages, Literature and Communication, Universiteit Utrecht, The Netherlands
Dr. Kathrin Thiele, Utrecht University, The Netherlands
Prof. Nitzan Shoshan, Centro de Estudios Sociológicos, El Colegio de México, Mexico
Prof. Mandy Turner Professor of Conflict and Peace Studies, University of Manchester, UK
Prof. Dr. Yolande Jansen Socrates Professor for Humanism in Relation to Religion and Secularity at the Faculty of Theology and Religion at the Free University Amsterdam, and Associate Professor of Philosophy at the University of Amsterdam, The Netherlands
Postdoctoral Research Associate, Peyman Jafari, Princeton University, USA
Dr. Giovanni Picker, Lecturer in Sociology, University of Glasgow, UK
Prof. Adam Hanieh Institute of Arab and Islamic Studies University of Exeter, UK
Dr. Bashir Abu-Manneh Head of English University of Kent, UK
PhD(c) Nadia Silhi Chahin Researcher, University of Edinburgh, UK
Prof. Nicola Pratt, Professor of the International Politics of the Middle East University of Warwick, UK
Daniel A. Segal, Jean M. Pitzer Professor of Anthropology & Professor of History, Pitzer College, Claremont, USA
Dr. Martijn de Koning, Associate Professor Islam Studies Radboud Universiteit Nijmegen, The Netherlands
Mauricio Amar, Professor at the Eugenio Chahuan Center for Arab Studies, University of Chile, Chile
PhD Lina Meruane, Writer and Associate Clinical Professor at New York University, Chile/USA
Omar Jabary Salamanca, FNRS Research Fellow, Université libre de Bruxelles, Belgium
Mr. Barry Finnegan, Senior Lecturer & Programme Director at the Faculty of Journalism & Media Communications, Griffith College, Ireland
Suad Joseph Distinguished Research Professor University of California Davis, USA
Professor Karen Till, Maynooth University, Ireland
Prof. dr. Sarah Bracke, University of Amsterdam, The Netherlands
Ivan Huber, PhD Prof Emeritus of Biology Fairleigh Dickinson University Madison, NJ, USA
Dr. Nick Riemer, Senior Lecturer, English and Linguistics departments, University of Sydney, Australia
Professor Victor Wallis, Berklee College of Music, USA
William I. Robinson, Distinguished Professor, University of California-Santa Barbara, USA
Sherene Seikaly, Associate Professor, Department of History, Director, Center for Middle East Studies, University of California, Santa BarbaraAuthor, Co-Editor, Journal of Palestine Studies, Co-Editor, Jadaliyya, USA
Dr. Robert Austin Henry, Honorary Associate, Dept. of History University of Sydney, Australia
Viviana Ramírez, BA (Hons), Dip. Ed. Senior Teacher of Spanish & Home Economics (retired) NSW & Queensland Depts. of Education (1980-2016), Australia
David Mond, Emeritus Professor of Mathematics, University of Warwick, UK
(Dr) Michael Leonard Furtado, BA(Hons), CertEd(Lond), GradDipRE(ECU), DipSoc(Oxon), MA(WA), PhD(QLD), CertFour (Disability Studies)
Professor Dr. Aziz Al-Azmeh, Central European University Vienna, Austria
David Klein, Professor of Mathematics California State University Northridge, USA
Dr. Sharae Deckard, Associate Professor in World Literature University College Dublin, Ireland
Ximena de la Barra Mac Donald, Independent scholar UN retiree, Spain
Dr. Larry Haiven, Professor Emeritus, Saint Mary’s University, Halifax, Nova Scotia, Canada
Howard Winant, Distinguished Professor Emeritus Department of Sociology University of California Santa Barbara, USA
Frances M. Clarke, Associate Professor Frances M Clarke Department of History, University of Sydney, Australia
David Palumbo-Liu, Louise Hewlett Nixon Professor, Stanford University, USA
Prof. Gerry Kearns, Professor of Geography Maynooth University, Ireland
David Barkin, Profesor Distinguido, Universidad Autonoma Metropolitana – Unidad Xochimilco, Mexico
Sophia Hoffinger, PhD Researcher University of Edinburgh, UK
Dr. Sheryl Nestel, Lecturer in Sociology (retired), University of Toronto, Canada
Assistant Professor Jillian Rogin, University of Windsor, Windsor ON, Canada
Dr. Erella Grassiani University of Amsterdam, The Netherlands
Margaret Ferguson, Distinguished Professor of English Emerita University of California, Davis, USA
Deborah Cowen, Professor, University of Toronto, Canada
Dr. Lamia Moghnieh, University of Copenhagen, Denmark
Dr. Pepijn Brandon, Assistant Professor Global Economic and Social History Vrije Universiteit, The Netherlands
Julio Yao, Professor of International Law, International Analyst, Panama
Shahla Razavi, Associate Professor, Mathematics (Retired) Mt. San Jacinto Community College California, USA
Prof. Rami Salameh, Birzeit University, Palestine
Lisa Baraitser, Professor of Psychosocial Theory, Department of Psychosocial Studies, Birkbeck, University of London, UK
Dr. Sarah El Bulbeisi, Researcher, Lebanon
Leah Galant, Fulbright Scholar, USA
Professor Stephen Frosh, Professor of Psychology, Birkbeck, University of London, UK
Professor Ruba Salih, SOAS, University of London, UK
Prof. Yosefa Loshitzky, SOAS, University of London, UK
Professor emeritus Moshé Machover, Department of Philosophy, King’s College, London UK
Prof. Daniel Boyarin Taubman Professor of Talmudic Culture, UC Berkeley (emeritus) and Grus Visiting Professor of Jewish Law, Harvard Law School (2021-2022), USA
Mike Cushman, Research Fellow LSE (rtd), UK
Dr. Lila Sharif, Assistant Professor of Asian American Studies. The University of Illinois, USA
Prof. Jonathan Rosenhead, Emeritus Professor of Operational Research, London School of Economics, UK
Esther Romeyn, Senior Lecturer, Center for European Studies, University of Florida, USA
Prof. Candice Breitz, HBK Braunschweig, Germany
Dr. Alyosxa Tudor, Senior Lecturer in Gender Studies, SOAS, University of London, UK
Prof. Yael Politi, B CUBE – Center for Molecular Bioengineering, Technische Universität Dresden, Germany
Michael Harris, Professor of Mathematics, Columbia University, USA
Prof. Dina Matar, SOAS, University of London, UK
Prof. Dr. Wilhelm Kempf, University of Konstanz Department of Psychology, Germany
Professor Ilan Pappe, Historian, University of Exeter, UK
Professor Jodi Melamed, Marquette University, USA
Dr. Alborz Ghandehari, Assistant Professor of Ethnic Studies University of Utah, USA
Karma R. Chávez, Associate Professor and Chair, Department of Mexican American and Latina/o Studies, The University of Texas, USA
Eithne Luibhéid, Professor of Gender and Women’s Studies University of Arizona, USA
Professor (of American Studies and Anthropology) J. Kehaulani Kauanui, Ph.D. Wesleyan University, USA
Dr. Jacqueline Ismael, Professor Emerita, University of Calgary, Canada
Max Weiss, Associate Professor of History and Near Eastern Studies Princeton University, USA
Prof. Caroline Rooney, University of Kent, UK
Anne Meneley, Professor of Anthropology Trent University, Canada
Bárbara Azaola Piazza, Researcher, GRESAM, Spain
Professor James A. Reilly, Department of Near & Middle Eastern Civilizations University of Toronto, Canada
Dr. Mazen Masri, Senior Lecturer in Law, City University of London, UK
Michael Taussig, Class of 1933 professor Emeritus of the Department of Anthropology, Columbia University, USA
Dr. Angelo Stefanini, Retired Faculty, University of Bologna, Italy
Walid Kazziha, Professor of Political Science, American University in Cairo, Egypt
Anthony Alessandrini, Professor of English & Middle Eastern Studies City University of New York, USA
Prof. Janet C.E. Watson, FBA Co-director of Centre for Endangered Languages, Cultures and Ecosystems University of Leeds, UK
Prof. Laura Guazzone, University of Rome La Sapienza, Italy
Susan Slyomovics, Distinguished Professor of Anthropology and Near Eastern Languages & Cultures University of California Los Angeles, USA
Nada Moumtaz, Assistant Professor, University of Toronto, Canada
Dr. Farid Hafez, Researcher, Georgetown University, The Bridge Initiative, USA
Dr. Nikolas Kosmatopoulos, Assistant Professor American University of Beirut, Lebanon
Leila Pourtavaf, Assistant Professor of Global Public History Department of History York University, Canada
Charles E. Butterworth, Emeritus Professor Department of Government & Politics University of Maryland College Park, MD USA
Catherine Cobham, Lecturer, Department of Arabic and Persian, School of Modern Languages, University of St Andrews, Scotland, UK
Stephen Marmura PhD (he/him) Associate Professor Department of Sociology, St. Francis Xavier University, Canada
Dr. Paul Kelemen retired academic (formerly of Manchester University UK)
Leonardo Capezzone Associate Professor Sapienza University of Rome, Italy
Francesco Zappa Associate Professor, Islamic Studies Sapienza University, Italy
Dr. James Deutsch Faculty, Medicine, University of Toronto, Canada
Dr. Raz Segal, Associate Professor of Holocaust and Genocide Studies, Stockton University, USA
Dr. Elaine C. Hagopian, Professor Emerita of Sociology Simmons University (Boston), USA
Dr. Ruth Marshall Associate Professor Departments of Political Science, Study of Religion University of Toronto, Canada
Michael Lambek, FRSC. Professor, University of Toronto Canada
Atalia Omer, Professor of Religion, Conflict, and Peace Studies Kroc Institute for International Peace Studies Keough School of Global Affairs, The University of Notre Dame, USA
Cynthia Franklin, Professor of English, University of Hawai’i, USA
Dr. Claudia Prestel, Professor emerita, Germany
Yasser Munif Associate Professor/ Emerson College, USA
Elsa Wiehe, ED. D. Boston University African Studies Center K-16 Education Program Manager Boston, Ma, USA
Dr. Bram Wispelwey, Instructor, Harvard Medical School and Harvard T.H. Chan School of Public Health, USA
Nigel C. Gibson Professor, Marlboro Institute of Liberal Arts and Interdisciplinary Studies. Emerson College Boston, USA
Jason A. Springs, Professor of Religion, Ethics, and Peace Studies University of Notre Dame, USA
Dr. Ada Barbaro, Senior lecturer in Arabic Language and Literature Sapienza University of Rome, Italy
Prof. Mazin Qumsiyeh, Director, Palestine Institute for Biodiversity and Sustainability Bethlehem University, Palestine
Mohammad Fadel, Professor of Law, University of Toronto Faculty of Law, Canada
Prof. Jawed Siddiqi, Emeritus Professor Sheffield Hallam University, UK
Lora Wildenthal, John Antony Weir Professor of History, Rice University, Houston, Texas, USA
Najat Rahman, Professor of Comparative Literature, University of Montreal, Canada
Dr. Sara Roy, Senior Research Scholar Center for Middle Eastern Studies Harvard University, USA
Lawrence Davidson, Professor Emeritus of History, West Chester University, USA
Tareq Y. Ismael, Professor of Political Science and Co-editor of Journal of Contemporary Iraq & the Arab World, University of Calgary, Canada
Prof. Michelle Hartman, McGill University, Québec, Canada
Jane Mchan, retired professor, USA
Vincent Romani, Professor, Department of Political science, UQAM (Université du Québec à Montréal), Canada
Prof. Ferhat Kentel, “We Shall Live Together” – Foundation of Education and Social Researches (BAYETAV), General Coordinator, Turkey
Ivar Ekeland, Professor emeritus, former President, the University of Paris-Dauphine Member of the Academia Europea, foreign member of the Academies of Norway and Austria
Ira Dworkin, Associate Professor Texas A&M University, USA
Dr. Ellen Fleischmann, Professor Emerita, University of Dayton, USA
Prof. Nakayike Musisi, History Department, University of Toronto, Canada
Prof. Dr. Karin Kulow Near and Middle East Scientist, Germany
Dr. Hana Masri Fellow Arab Community Center for Economic and Social Services (ACCESS), USA
Prof. em. Dr. Georg Meggle Analytical Philosopher, Philosophy Department, University Leipzig, Germany
Dr. Hab. Nora Lafi, Historian, Germany
Dr. Sigrid Vertommen, postdoctoral research fellow, Department of Conflict and Development Studies, Ghent University, Belgium
Kate Korycki, Phd Assistant Professor, Department of Gender, Sexuality, and Women’s Studies, Western University, London Ontario, Canada
Amber Jamilla Musser, Professor of English, CUNY/ The Graduate Center, USA
Dr. Katherine Blouin, Associate Professor of History and Classics, University of Toronto, Canada
Prof. John Chalcraft, London School of Economics, UK
Prof. Tim Jacoby, Global Development Institute, Humanitarian and Conflict Response Institute Treasurer, British Society for Middle Eastern Studies, UK
James Godfrey, PhD Researcher, UK
Paul Allies, Professeur Emérite, Université Montpellier, France
Dr. Rinella Cere, College of Social Sciences and Art, Sheffield Hallam University, UK
Michael Allan, Associate Professor, University of Oregon, USA
Prof., Dr. iur., Dr. h.c., Stefan Trechsel, Former President, European Commission of Human Rights, former Judge of the ICTY, Switzerland
Dr. Peter E Jones, Sheffield Hallam University, UK
Prof. Gadi Algazi Tel Aviv University, Department of History & Minerva Institute for German History, Director, Israel
Dr. Jana Cattien, Assistant Professor in Political and Social Philosophy, University of Amsterdam, The Netherlands
Dr. Markha Valenta Assistant Professor, Utrecht University, The Netherlands
Dr. Grietje Baars, Reader in Law and Social Change, The City Law School, City, University of London, UK
Dr. Leandros Fischer, Assistant Professor for International Studies, Aalborg University, Denmark/Germany
Dr. Sharri Plonski, Senior Lecturer in International Politics, Queen Mary University of London, UK
Marco Balboni, Professor, University of Bologna, Italy
Dr. Philippe Enclos, Associate professor in law, retired, University of Lille, France
Fabio Marcelli, Research Director of the Institute of International Legal Studies of the National Research Council, Italy
Dr. Max Haiven, Canada Research Chair in the Radical Imagination, Lakehead University, Canada
Dr. Kylie Thomas Researcher, Netherlands Institute for War, Holocaust and Genocide Studies, Amsterdam, The Netherlands
Hazem Jamjoum, Doctoral Candidate, New York University, UK
Prof. Emerita Marie Kennedy, University of Massachusetts Boston, USA
Dr. Zvi Bekerman, The Hebrew University of Jerusalem, Israel
Dr. Grietje Baars, Reader in Law and Social Change, The City Law School, City, University of London, UK
Rush Rehm, Professor, Theater and Performance Studies, and Classics, Stanford University, Artistic Director, Stanford Repertory Theater (SRT), USA
Nadje Al-Ali, Professor of Anthropology & Middle East Studies, Brown University, USA
Prof. Emerita Joan W. Scott, Institute for Advanced Study, USA
Prof. Louise Bethlehem, Associate Professor, Department of English & Chair of Program in Cultural Studies, The Hebrew University of Jerusalem
Dr. Chris Tilly, Professor of Urban Planning, University of California Los Angeles (organization for identification purposes only), USA
Howard Rechavia-Taylor, PhD Candidate at Columbia University in the City of New York, Berlin, Germany
Dr. (EdD), Gordon Doctorow, Retired (Adjunct Nova Southeastern University), Canada
Dr. Mikki Stelder, Marie Sklowdowska Curie Postdoctoral Fellow, Amsterdam School for Cultural Analysis, The Netherlands
Prof. Pablo Idahosa, York University, Canada
Prof. Dr. Matthias Haase, Department of Philosophy, University of Chicago, USA
Dr. Luis Manuel Garcia-Mispireta Lecturer/Assistant Professor in Music, University of Birmingham, UK
Dr. Kirsten L. Scheid, Associate Professor, American University of Beirut, Beirut, Lebanon
Prof. Dr. Helga Baumgarten (retired professor at Birzeit University, Palestine), Germany
Andrea Reyes Elizondo, Researcher and PhD candidate, Leiden University, The Netherlands/Mexico
George Bisharat, Emeritus Professor of Law, University of California, Hastings College of the Law, USA
Dominique Vidal, journalist and historian, France
Alain Gresh, journalist, France
Marlène Tuininga, Activist journalist, France
Pary El-Qalqili, Filmmaker, Germany
Jan Ralske, Filmmaker, Germany
Canan Turan, Film Scholar, Filmmaker and Activist
Lili Sommerfeld, Musician and Activist, Germany
Monika Vykoukal, Accountant, Vienna, Austria
Teresa Bailey, Consultant Child and Adolescent Psychotherapist, UK
Noor Blaas, Research Master’s student in Cultural Anthropology University of Utrecht, The Netherlands
Dr. Martin Kemp, Psychoanalyst, UK
Ms Eliana Pinto, Psychoanalytic Psychotherapist, UK-Palestine Mental Health Network, UK
Annette Feld, Practising Analyst, New Lacanian School, World Association of Psychoanalysis, Israel
Helen Marks, member of Jewish Voice for Labour and Liverpool Friends of Palestine, retired Psychotherapist, UK
Ruth Orli Moshkovitz, activist, mother and project manager, Vienna, Austria
Fenya Fischler, Another Jewish Voice, Belgium
Dipl.-Psych., Psychoanalyst, Michal Kaiser-Livne, Germany
Iris Hefets, psychoanalyst, Germany
Wieland Hoban, composer and translator, chairman of Jewish Voice for a Just Peace in the Middle East, Germany
Raphael Van Laere, Former President of the Académie Royale d’Archéologie de Belgique, Belgium
Suzanne Berliner Weiss, Author and social justice activist, Canada
Kamal Aranki, Finnish Arab Friendship Society, Finland
Sid Shniad, Founding member, Independent Jewish Voices, Canada
Jay Murphy, writer & author, New Orleans, USA
Elizabeth Block, Member of Independent Jewish Voices Canada, Canada
Dr. Egbert Harmsen, Board member of docP-BDS Netherlands, The Netherlands
Ms Erica Lang, Secretary, North Herts Palestine Solidarity Campaign, UK
Laura Prevedello, Assopace Palestina Italia, Italy
Bruce H. Lofquist M.A. Human Rights Advocate, Canada
Peter Leuenberger, Historian, Switzerland
Rachida Lamrabet, Writer and legal practitioner, Belgium
Charlotte Kates, international coordinator, Samidoun Palestinian Prisoner Solidarity Network, Canada
Sam Bahour, Writer, businessperson, activist, Palestine
Michael Letwin, Former President, Assn. of Legal Aid Attorneys/UAW 2325 and Member of Jews for Palestinian Right of Return, Labor for Palestine, USA
Kathy Bergen, Board member of Canadian Friends of Sabeel and Coordinator of MCEC PIN (Mennonite Church of Eastern Canada Palestine Israel Network), Canada
Michel Legrand, President of Comité Pour Une Paix Juste Au Proche-Orient, Luxembourg
Ahmed Abbes, mathematician, Director of research in Paris, France
Drs. Jakob de Jonge, Visual Artist, The Netherlands
Dr. Enrico De Angelis, independent researcher, Italy
Deb Reich Author, No More Enemies Writer/translator Israel
Ms Katherine Priestley, Treasurer, Lewisham Friends of Palestine, UK
Dr. Leonov Hadas, Board member of the Juedische Stimme, Germany
Michèle Sibony, French Jewish Union for Peace, France
Maha Abdallah, Legal Researcher and Human Rights Advocate, Palestine
Luz Diaz, DJ / Curator/ Community organiser, Room 4 Resistance, Germany
Nicholas Morris Member, Global Network on the Question of Palestine, UK
Doris Ghannam, Activist, Germany
Seth Aubrey Pyenson, Activist, Germany
Solveig Qu Suess, Filmmaker, Researcher and PhD Candidate, Basel University, Switzerland
Ahmed Abed, Lawyer of the BT3P (bt3p.org), Germany
Omar Ashour, Medical intern, University of Maastricht; founding chair, Free Palestine Maastricht, The Netherlands
Franklin Ledezma Candanedo, Journalist, writer and member of the COPASOLPA (Panamanian Committee of Solidarity with the Palestinian People), Panama
Danna Marshall, Student Activist, Freie Universität Berlin, Germany
Jumana Manna, Artist, Germany
Katharine Halls, Translator, UK
Heiko Schmidt, Bookseller, Germany
David Morgan, Consultant Psychotherapist, Psychoanalyst, UK
Mohammad Braiwish, Managing Director, TrafQuest Engineering Consulting, United Arab Emirates
Alisa Gayle-Deutsch, Musician Toronto, Ontario, Canada
Judith Deutsch, psychoanalyst, Canada
Deena R. Hurwitz, Independent human rights lawyer, USA
Maj Britt Jensen, Visual Artist and PhD student at the Institute for Gender, Race, Sexuality and Social Justice at the University of British Columbia Germany/Canada
Dr. Clemens Messerschmid, independent hydrogeologist, Palestine
Gabi Bieberstein, Spokesperson for the Regional Working Group on Peace and International Politics in North Rhine-Westphalia of DIE LINKE, Member of the National Council of Attac, Germany
Dr. Detlef Griesche, Vice-President of the German-Palestinian Society, Germany
Phil Butland, Commissioning Editor, theleftberlin.com, Germany
Ursula Mathern, Disarmament and Peace Activist, Germany
Naoual Belakhdar, Political scientist, Germany
Peter Leuenberger, Historian, Switzerland
Jessica Lauren Elizabeth Taylor, Black in Berlin, Curator, Norway
Gabriela (Nin) Solis Gutiérrez, Photographer, Mexico
Dror Feiler, Chair, European Jews for a Just Peace, Sweden
Arthur Goodman Diplomatic and Parliamentary Officer, Jews for Justice for Palestinians, UK
Jowan Safadi, Musician, writer and activist, Palestine (AKA Israel)
Michael Warschawski, Activist and Journalist, Chairman of the Alternative Information Center, Jerusalem
Mr Craig Murray, Journalist, former British Ambassador and Rector of the University of Dundee Scotland, UK
Yuval Gal Cohen, Part of JID.Le – Jüdisch Israelischer Dissens Leipzig, Germany
Berna Toprak, PhD Candidate Political Sociology University of Amsterdam, Co-Founder of Muslim women’s collective S.P.E.A.K., The Netherlands
Maria Fernanda Caceres, Lawyer, Chile
Yara Kayyali, Palestine
Jaap Hamburger, Chair for Een Ander Joods Geluid, The Netherlands
Frances Webber, Vice-chair of the Institute of Race Relations, London, UK
Michael Sappir, Writer, Germany
Marwa Fatafta, Al-Shabaka, Germany
Esra Ozyurek, UK
Kiefah Muhaisen, Palestinian in Germany
Yehudit Yinhar, Artist, Germany
R. Goossens, Project manager, The Netherlands
Dr. Jennifer Petzen, Social Scientist, Germany
Dr. Kerem Schamberger, political activist, Germany
Dr. Dror Dayan, Senior Lecturer in Media Production, Liverpool John Moores University, UK
Roger Waters, Musician/Activist
Dr. Eik Doedtmann, Postdoctoral researcher, Filmuniversity Babelsberg, Germany
John Smith, Artist, Emeritus Professor of Fine Art, University of East London, UK
Lynne Segal, Professor Emerita, Birkbeck, University of London, UK
Laura Mulvey, Professor of Film Studies, Birkbeck, University of London, UK
Marina Warner, Professor of English and Creative Writing, Birkbeck, University of London, UK
Miriam Margolyes, actor, UK
Kika Markham, actor, UK
Roy Battersby, television director, UK
Penny Woolcock, screenwriter, director, UK
David Farr, writer, director, UK
Alexei Sayle, comedian, writer, broadcaster, UK
Gillian Slovo, author, UK
Hanan Al-Shaykh, writer, UK
Victoria Brittain, writer, UK
Carmen Callil, publisher, writer, UK
Selma Dabbagh, writer, UK
April De Angelis, playwright, UK
Dr. Rachel Holmes, writer, UK
Brigid Keenan, author, United Kingdom
Dr. Dana Mills, writer, Israel
Dr. Maggie Gee, novelist, UK
Omar Al-Qattan, Chair, AM Qattan Foundation, UK
Charlotte Prodger, artist, Scotland
Saeed Taji Farouky, filmmaker and educator, UK
Dr. Miranda Pennell, artist, filmmaker, UK
Dr. Daniel O’Gorman, Vice Chancellor Research Fellow in English Literature, Oxford Brookes University, UK
Angela Davis, scholar, activist, US
Dr. Kristina Kolbe, University of Amsterdam, The Netherlands
Dr. Ladan Rahbari, University of Amsterdam, The Netherlands
China Miéville, writer, UK
Sabrina Mahfouz, writer, UK
Gemma Jackson, Production Designer, UK

SIGN the support letter

Tags Academic freedom, Freedom of Expression, IHRA

Case Update

Ask the Mayor of Vienna to End Strategic Lawsuit Against Palestinian Rights Advocate

Post author By ELSC
Post date 30 March 2022
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In November 2021, the City of Vienna filed a strategic lawsuit against public participation (SLAPP) against an activist to deliberately repress and intimidate BDS-Austria and Palestinian rights advocates. Such a tactic threatens democratic values and fundamental rights.

On 6 April 2022, in a highly contestable decision, the judge ruled in favor of the City of Vienna and ordered that the BDS activist must no longer use the logo of the City of Vienna in connection with any publication or public statement. Nevertheless, BDS Austria won’t be silenced and is determined to denounce the Israeli apartheid. The activist will appeal.

It is time to reinforce the pressure and show the City of Vienna that it cannot keep silencing lawful and legitimate activism!

Send an email to the Mayor of Vienna and ask him to end this undemocratic lawsuit.

Here is the content of the email that will be sent to the Vienna Mayor (the original email will be sent in German):

Dear Mayor Ludwig,

I am writing to you in protest of the City of Vienna’s recent intimidation lawsuit against Viennese activists of the worldwide, Palestinian-led, non-violent human rights campaign BDS. I am asking you to personally advocate for the City of Vienna to drop this lawsuit immediately.

The City‘s lawsuit against BDS Austria based on a Facebook post cannot be assessed as anything other than an attempt by the City of Vienna to intimidate civil society activism. In this case, the City of Vienna is suing BDS Austria because it made a social media post of a photo (!) of a poster with the inscription “Visit Apartheid”. The unknown poster-makers used the logo of the City of Vienna, and BDS Austria commented on sarcastically in the post. BDS Austria has committed neither defamation nor slander; instead, it has exercised its fundamental right to freedom of opinion and expression, which is not to be persecuted in a democratic society.

BDS Austria’s posts fit within the context of the Israeli occupation and annexation that violate international law and the implementation of an apartheid system (see e.g. the most recent Amnesty International Report on this). BDS is a human rights campaign – as seen in the anti-apartheid movement in the South African context – launched by Palestinian civil society; it is perfectly legal and legitimate to advocate for boycotts, divestments and sanctions against occupying regimes.

The City of Vienna is rightly in the crossfire of criticism already, after threatening Lobau climate activists with so-called SLAPPs (‘Strategic Lawsuits against Public Participation’), which are clearly abusive lawsuits with the purpose of preventing critical civil society engagement, intimidating critics and financially draining them. This absurd new SLAPP contributes to this trend and negatively affects the City of Vienna’s image, in Austria and abroad.

It is also a continuation of the years-long practice of silencing Palestinian and Palestine-solidarity voices: from smear campaigns and unfounded allegations to undemocratic municipal and national council resolutions explicitly condemning the global, nonviolent BDS campaign. The current lawsuit by the City of Vienna follows this trend by demanding the deletion of a Facebook post and a multi-digit payment of damages (along with already intimidating effects of high court and legal fees) to the local BDS campaign.

As a citizen concerned by freedom of expression and of assembly, I urge you to end these arbitrary restrictions and the criminalization of peaceful advocacy and human rights work and to personally advocate for the cessation of the lawsuit by the City of Vienna. Especially in times of crisis and upheaval, prudent and clear leadership that is transparently based on constitutional and human rights principles is important.

Regards

[people’s information here]

What else can you do to support the case?

Sign the petition to ask the City of Vienna to drop its lawsuit and repeal its anti-BDS resolution
Donate to help the activist with the legal fees
Spread the word on your social media with the hashtag #ViennaVisitApartheid

Tags BDS, Freedom of Expression

Call Job

Call for Applications: UK Legal Officer

Post author By ELSC
Post date 16 March 2022
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The ELSC is seeking a Legal Officer based in the UK to carry out ELSC’s activities in the UK and expand its team.

The UK Legal Officer will be responsible for overseeing all cases and projects emanating from the UK. The role will cover five main areas of work:

a) overseeing casework and research on the repression of Palestinian rights advocates in the UK;

b) providing legal advice to ELSC clients on their rights under UK domestic law and European human rights law;

c) developing strategies and guides to defend those affected by restrictive policies;

d) analysing relevant legislation and jurisprudence under UK and EU law; and

e) organising and participating in workshops and advocacy events.

To read the full job description, please click here.

To apply for this position, send your CV, a one-page cover letter outlining why you want to work for the ELSC and how you meet our requirements, and a legal writing sample, in English, to application@elsc.support with the subject line “ELSC UK Legal Officer Application” by Sunday 17 April.

Picture: Flag – Great Britain (cropped) Cc Vaughan Leiberum

Tags Call for Application

Press Release

European States should adopt a Consistent Approach toward Human Rights and the Rule of Law in Palestine during Human Rights Council Session 49

Post author By ELSC
Post date 10 March 2022
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The ELSC took part in a initiative led by the Cairo Institute for Human Rights Studies (CIHRS) to ask key EU institutions and Member States to uphold the rule of international law and human rights for Palestinians at the 49th session of the UN Human Rights Council. Read the press release of the CIHRS below.

The Cairo Institute for Human Rights Studies (CIHRS) and partners in Europe and Palestine wrote to key European Union (EU) institutions and Member States^[1] and the United Kingdom (UK), urging them to uphold the rule of international law and human rights for the Palestinian people at the current 49^th regular session of the United Nations (UN) Human Rights Council. The letters noted the EU’s priorities in the UN Human Rights Fora in 2022, namely its commitment to respect, protect and fulfil human rights and the rule of law “consistently and coherently in all areas of its external actions” as well as the UK’s commitment to defend the rights and freedoms of the most oppressed and vulnerable around the world. The letters called on the states to reaffirm their longstanding commitment to international law and human rights standards by voting in favour of the three resolutions under agenda items 2 and 7 pertaining to accountability, human rights, illegal Israeli settlements, and the right to self-determination of the Palestinian people.

CIHRS and partners urged the states to recognise and condemn the reality of Israel’s apartheid against the Palestinian people and all associated violations. The organisations also called on states to acknowledge, welcome and engage with the content of the final upcoming report of the UN Special Rapporteur on the situation of human rights in the oPt during the session, which will examine the crime of apartheid. In addition, CIHRS and partners called on states to support all existing relevant international accountability mechanisms, namely the UN Commission of Inquiry established in April 2021 and the UN database of businesses involved in Israel’s settlement enterprise – as a means to end the ongoing cycle of impunity granted to Israel.

Given Israel’s unsubstantiated designation of six prominent Palestinian human rights and humanitarian organisations as “terrorist” and “unlawful”, CIHRS and partners urged states to call on Israel to immediately revoke these designations and to ensure the continuity and protection of Palestinian civil society and human rights defenders. Furthermore, the communications urged states to call on Israel to immediately stop its annexation of Palestinian land and the expansion of its illegal settlement enterprise in occupied territory, cease the forcible transfer and displacement of protected persons, and end its policy of administrative detention and release all Palestinian political prisoners. During this Council session, the international community must urge Israel to immediately, fully and unconditionally lift its prolonged illegal closure and blockade of the Gaza Strip.

[1] The countries are: Belgium, Finland, France, Germany, Ireland, Luxembourg and The Netherlands. In addition, a separate letter was sent to the EU delegations in Geneva, Brussels and Jerusalem.

See more on the CIHRS’s website.

Picture: Human Rights Council – 34th Session. UN Photo / Elma Okic

Tags Defunding

Newsletter

ELSC Newsletter: February

Post author By ELSC
Post date 5 March 2022
No Comments on ELSC Newsletter: February

Dear friend,

This month, we share with you some victories from the UK and Switzerland, an important analysis on German case law in favour of BDS, updates on the cases of BT3P and BDS Austria, new cases of repression in Germany and The Netherlands, and a landmark European Citizens Initiative.

A VICTORY IN THE UK

We are excited to share the victory of Shahd Abusalama who defeated unfounded allegations intended to exclude her from academia and repress her legitimate criticism of Israel’s unlawful apartheid regime. After Shahd was suspended from a teaching position at Sheffield Hallam University, the ELSC supported her legally, alongside a wide public campaign launched #InSupportofShahd. As a result of our combined efforts, the University reinstated Shahd’s teaching, confirmed it would not be investigating the accusations and offered her a more secure contract.

SWISS PRESS COUNCIL STANDS WITH BDS

BDS Switzerland member Birgit Althaler, supported by the ELSC, succeeded in challenging efforts by the Swiss Federation of Jewish Communities to push the Swiss Press Council to revoke a decision in favour of BDS. Indeed, in a milestone decision on 15 February, the Swiss Press Council upheld its initial decision to sanction Prime News that unfoundedly labelled BDS Switzerland as “antisemitic”. The Council also acknowledged that the controversial examples of the IHRA-WDA are not suitable for journalistic purposes.

Share this victory

Can you help us to win more cases? Support our Legal Aid fund with a monthly donation.

UPDATES FROM GERMANY

Despite anti-BDS policies in place in Germany, since 2019, 7 German courts have consistently upheld the right of activists to use public facilities for BDS-related events, reaffirming the legitimacy of BDS.

Read our new legal analysis on German case law

The latest ruling of Leipzig Federal Court on 20 January 2022 against Munich’s anti-BDS resolution has already resulted in positive outcomes for the Palestine solidarity movement. In Munich, the cultural institution Eine Welt Haus declared that it will host again BDS-related events. In Frankfurt, an official also announced that the municipal venue Saalbau is renting again its spaces for BDS-related activities.

Positive precedents in Germany reinforce the lawsuit of the Bundestag 3 for Palestine (BT3P) aiming to repeal the German Parliament’s anti-BDS resolution and end this tactic of repression targeting Palestinian rights advocates.

Donate to help BT3P

The repression against Palestinian voices extends in the media as the German state broadcaster Deutsche Welle (DW) fired seven Arab journalists; four of them are Palestinians including Farah Maraqa whom the ELSC has been supporting.

DW relied on a highly politicised and biased investigation report that erases the Palestinian reality from public debate and perpetuates Israel’s oppression. The investigation evidently uses the controversial IHRA definition on antisemitism, which is misused to silence criticism of Israel.

In a joint letter, 100 civil society organisations, including the ELSC, urged DW to retract its inaccurate and defamatory report and end its unfounded smear campaigns against journalists that amplify Palestinian voices.

Read the letter

EUROPEAN LANDMARK EUROPEAN CITIZENS INITIATIVE

The Stop Settlements coalition – of which the ELSC is part – has launched its European Citizens’ Initiative (ECI) petition aimed at gathering 1 million signatures to push the EU to enact a ban on trade with illegal settlements in occupied territories, in line with its international law obligations.

SIGN THE PETITION

REPRESSION IN THE NETHERLANDS

The Rights Forum, a leading Palestinian rights organisation in the Netherlands, is facing a harsh smear campaign led by Israel-advocacy groups after the leak of a legitimate Freedom of Information (FOI) request the organisation made on behalf of academics and students to Dutch universities. The goal of the FOI was to get information on their ties to Israeli academic institutions and companies, as well as other organisations supportive of Israel’s regime of apartheid.

Read their statement (Dutch)

Share our Twitter thread

In a recent repression attempt, the student-led organisation Free Palestine Maastricht (FPM) has been targeted in an unfounded smear campaign by Israel-advocacy groups and political actors that aim to suppress the organisation’s legitimate work of exposing Israel’s apartheid, and push the University of Maastricht to investigate them.

Read FPM statement

Share your support to FPM

MUNICIPALITY OF VIENNA V. BDS AUSTRIA

One month after the hearing in Vienna, BDS Austria activist is still waiting for a ruling by the Court on the “urgent” request of the Municipality of Vienna that filed a lawsuit against him over a Facebook post of the famous “Visit Apartheid” poster.

The tactic of delayed court decisions is often characteristic of SLAPPs and is meant to intimidate activists and suppress their legitimate public participation in civic space.

Sign the petition

Donate

RESOURCES AND NEWS FROM AROUND EUROPE

On 1 February 2022, Amnesty International reaffirmed decades of Palestinian rights advocacy and released its report condemning Israel’s apartheid against Palestinians as a cruel system of domination and a crime against humanity. Amnesty has also launched its petition “Demolish Apartheid not Palestinian Homes”.

Read the full report

Sign the petition

Tags BDS, Freedom of Expression, IHRA

Media Coverage

Over 100 Civil Society Organizations Call on DW to Retract the Biased Report and End the Smear Campaign

Post author By ELSC
Post date 23 February 2022
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Over one hundred local, regional and international civil society organizations have signed an open letter in solidarity with Palestinians, condemning Deutsche Welle’s (DW) inaccurate and defamatory report, calling for the retraction of the accusations and demanding the protection of the right to Palestinian freedom of speech.

On Monday 6th February 2022, Deutsche Welle (DW) published the findings from its internal investigation into accusations of antisemitism within its Arabic-language news department. The investigation committee also examined Deutsche Welle Akademie (DWA) partners. The report includes a number of defamatory accusations and smears DWA’s Palestinian partner organizations.

This report is just the latest development in an ongoing anti-Palestinian smear campaign intended to silence Palestinian voices, restrict freedom of expression, suppress legitimate criticism of ongoing Israeli violations against Palestinians, and ultimately prevent Palestinian journalists and Palestinian organizations from seeking accountability. The result is a chilling effect that prevents Palestinians from sharing their experiences of oppression and systematic human rights violations with the rest of the world.

The undersigned coalition of civil society organizations stressed their commitment to fighting racism in all forms, including antisemitism, Islamophobia and xenophobia. However, the DW report adopts a problematic framework that conflates anti-Zionism with antisemitism, and seeks to position legitimate criticism of Israel as antisemitism. This approach also dangerously associates the actions of the Israeli authorities with Jewish communities around the world, and falsely links them to the systemic oppression of Palestinians.

In addition, the coalition also condemns the lack of professionalism in the procedural process adopted by DW’s investigation committee. The committee lacked diversity and relevant expertise,none of the committee members are experts in anti-racism and some have also made Islamophobic statements in the past. Additionally, the targeted partner organizations were not invited to a consultation during the investigation process, they were only notified hours before the report release that they were mentioned, and their relationship with DWA would be impacted. This further proves the lack of transparency and accountability of DW’s investigation committee.

We, the targeted organizations and supporters, are calling on DW and DWA to immediately take the following actions:

Retract the biased report and end the smear campaign.

Form an objective, non-biased committee made up of anti-racism experts to investigate any wrongdoing, and consult with the journalists and Palestinian partner organizations.

Commit to freedom of expression and the adoption of a less biased antisemitism definition endorsed by both Jewish and Palestinian human rights defenders, such as the Jerusalem Declaration on antisemitism.

Allow political debate free of all forms of racism and hate, including antisemitism and islamophobia.

Read the letter here.

Resource: https://7amleh.org/2022/02/21/over-100-civil-society-organizations-call-on-dw-to-retract-the-biased-report-and-end-the-smear-campaign

Tags Freedom of Expression, Freedom of the Press, IHRA

Press Release

A New European Citizens Initiative Aims to Push the EU to Ban Trade with Illegal Settlements

Post author By ELSC
Post date 21 February 2022
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The ELSC joined a coalition of more than 100 organisations asking European citizens to sign the European Citizens Initiative that will push the EU to ban trade with illegal settlements and therefore align its policy with international law. See our press release below.

Brussels, 21 February 2022 – Marking the World Day of Social Justice on February 20 a coalition of more than 100 civil society organizations, has launched a European Citizens Initiative (ECI) to stop trade with illegal settlements in occupied territories.

An ECI is an official instrument for democratic participation of citizens in EU policy making. If an ECI garners one million signatures from EU citizens over 12 months the European Commission must consider and debate the petition’s demands. This ECI demands EU legislation that will outlaw trade with illegal settlements, anywhere and at all times, including trade with Israel’s illegal settlements in occupied Palestine. The coalition calls on every EU citizen concerned about human rights, social justice and fair trade to sign the petition.

Even though illegal settlements constitute a war crime under international law, the EU allows trade with them. In the case of Israel’s settlements, the UN Security Council has called on states to render them no assistance, and the European Union has repeatedly declared that they constitute a flagrant violation of international law. Nevertheless, the EU continues to trade with them, which has emboldened their ongoing expansion.

Tom Moerenhout, a legal scholar and one of the initiators of the ECI:

The EU has been shamefully inconsistent in its respect of the rule of law. Indeed, the European Commission first rejected registration of our Citizens Initiative but had to change its position after we successfully sued the Commission before the European Court of Justice. The Commission has since acknowledged it can implement a general rule to stop illegal settlement trade that is considered a general measure in respect of international and EU law rather than a sanction.

This European Citizens Initiative is carried out by the #StopSettlements coalition, which includes prominent civil society organizations in the field of human rights, environmental and social justice, trade unions and politicians who unite against profits from annexation and occupation to protect human rights, fair trade, and international peace.

SIGN and read the text of the petition

#StopSettlements contacts for media and groups & organizations wishing to join the Initiative:
Tom Moerenhout tom@stopsettlements.org
Aneta Jerska aneta@stopsettlements.org

Any question about the ECI or the #StopSettlements campaign? See our Q&A.

About the #StopSettlements Coalition : All information in the About Us section of the website. Also see the members here:

European/ International:

Avaaz, European Coordination of Committees and Associations for Palestine, European Legal Support Center, European Trade Union Network for Justice In Palestine, Human Rights Watch, Rābet

SumOfUs, Addameer, Al-Haq

Belgium :

Broederlijk Delen, 11.11.11 vecht mee tegen onrecht, Association Belgo-Palestinienne (ABP), CNCD 11.11.11, Coordination Nationale d’Action pour la Paix et la Démocratie (CNAPD), Le Monde Selon les Femmes, Ligue des Droits Humains, Solidagro, Vredesactie

France:

Association France Palestine Solidarité , ATMF, CEDETIM, Chrétiens de la Méditerranée, Confédération paysanne, Ensemble!, Groupe d’amitié islamo-chrétienne, La CGT, La Cimade, Les Jeunes écologistes , Ligue des droits de l’Homme, Mouvement international de la Réconciliation – Branche française (M.R.), Mouvement pour une Alternative Non-violente (Mrap), Plateforme des ONG Françaises pour la Palestine , Une Autre Voix Juive, Union Juive Française pour la Paix, Union syndicale Solidaires

Finland:

Arabikansojen ystävyysseura (AKYS), ICAHD Finland, Psykologien Sosiaalinen Vastuu Ry, Rauhanliitto, Sadankomitea – Committee of 100 in Finland, Suomen Rauhanpuolustajat, Svensk Ungdom / RKP -nuoret, Vihreät nuoret

Germany:

AK Nahost Berlin, Deutsch-Palästinensische Gesellschaft, Freunde von Sabeel Deutschland, Internationale Liga für Menschenrechte, Jüdische Stimme für gerechten Frieden in Nahost, Kairos Palestine Solidaritätsnetz Deutschland, Palästinakomitee Stuttgart, Palästina Spricht, pax christi Diözesanverband Rottenburg-Stuttgart, The Israeli Committee Against House Demolitions (ICAHD) Deutschland

Luxembourg:

Comité pour une Paix Juste au Proche-Orient (CPJPO)

Ireland:

Academics For Palestine (AFP), ActionAid Ireland, Centre for Global Education, Christian Aid Ireland, Comhlámh, Financial Justice – Ireland, Gaza Action Ireland (GAI), Ireland Palestine Solidarity Campaign-IPSC, Irish Muslim Peace & Integration Council (IMPIC), Justice For Palestine, Kaíros Íreland, National Union of Students – Union of Students in Ireland (NUS-USI), PalFest Ireland – Art/ festival Supporting Palestine, SADAKA (The Ireland Palestine Alliance), TCD Apartheid Free, Trade Union Friends of Palestine, Trócaire, Unite, Uplift – People Powered Change

Italy:

Amici della Mezza Luna Rossa Palestinese (AMLRP), Arci, Artisti Resistenti, Associazione Amicizia Sardegna Palestina, Associazione di solidarietà internazionale, Assopace Palestina, Casa dei Diritti dei Popoli, Centre Nuovo Modello diSviluppo, Centre Studi Sereno Regis, Comitato Fiorentino “fermiamo la Guerra”, Confederazione dei Comitati di Base – COBAS, COSPE – Together For Change, Costituzione Beni Comuni, Cultura e Libertà, Donne en Nero, Fair watch, FIOM-CGIL, Fondazione Lelio e Lisli Basso – Onlus, Gazzella, Gruppo Empolese Emisfero Sud (G.E.E.S.), Il Chicco di Senape, Libera, Libere Tutte, Link – Coordinamento Universitario (LINK), Medicina Democratica, Memoria in Movimento, New weapons research group, Parallelo Palestina, Resistenza , Rete Ebrei Contro L’Occupazione, Salaam Ragazzi dell’Olivo, Salaam Ragazzi dell’Olivo – Comitato Di Trieste, Un ponte per, Una Città In Comune, WILPF

Slovenia:

Center za družbeno raziskovanje (Cedra), Danes je nov dan, Gibanje za pravice Palestincev, Humanitas, Mirovni inštitut, Proja, Sindikat žerjavistov pomorskih dejavnosti (SŽPD), Slovenska filantropija, 3MUHE Pravična trgovina Fair Trade

Spain:

Confederación Intersindical Galega, ELA Sindikatua, LAB

Other European:

Betlehems Venner (Denmark), Palestinagrupperna i Sverige (PGS) (Sweden)

The ELSC has been involved in the ECI since its very initial stage, assisting the seven EU citizens in the preparation of the Initiative and with legal research and analysis throughout the proceedings before the European Court of Justice, when the European Commission refused first to register the ECI. Read more here.

Tags Business and Human Rights, settlements

Media Coverage

The Case of Shahd Abusalama – A Palestinian Scholar Successfully Defeated Attempts to Silence Her

Post author By ELSC
Post date 17 February 2022
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Shahd Abusalama faced a smear campaign and was about to lose a teaching position at Sheffield Hallam University. Her case, which we supported, illustrates the trend of growing repression of Palestinian rights advocacy on UK campuses. Shahd’s case also illustrates that solidarity and coordination are an effective way to collectively push back against unjust repression of legitimate advocacy for Palestinian rights.

Shahd Abusalama is a resilient third-generation Palestinian refugee from Gaza who has survived Israel’s regular military aggressions on Palestinians in Gaza. She is an artist, activist and a PhD scholar at Sheffield Hallam University.

Shahd was smeared in the press by Israel advocacy groups due to a Twitter thread she posted in December 2021, where she provided context to a protest banner stating, “Stop the Palestinian Holocaust”. These unfounded allegations are meant to exclude her from academia because she is a critical voice advocating for justice and freedom in Palestine.

On 21 January 2022, a day before Shahd was supposed to start her teaching as an associate lecturer, Sheffield Hallam University suspended her classes and launched an investigation against her without any explanation. In response, a powerful worldwide public campaign supported by the Sheffield Hallam UCU, civil society organisations, academics, students, with dozens of support letters as well as support by the ELSC, led to the University deciding to reinstate Shahd’s teaching on 27 January 2022.

Despite this, Shahd remained under investigation. In coordination with UCU Hallam, the ELSC requested the university to drop its investigation on the basis that it was discriminatory, conducted in violation of its own policies and in violation of Shahd’s freedom of expression.

On 3 February 2022, the university informed Shahd that they were dropping the investigation against her. The university also agreed to offer Shahd a more secure employment contract, affording her better pay and other benefits as requested in our letter.

Shahd’s victory is symbolic of the necessity and impact of solidarity against unjust silencing tactics that deliberately target Palestinian rights advocates in Europe, including the use of the controversial IHRA-Working Definition on Antisemitism and its examples, that Sheffield Hallam University adopted last year.

Read more about the case here:

https://english.alaraby.co.uk/opinion/what-we-should-learn-shahd-abusalamas-victory

https://www.aljazeera.com/opinions/2022/2/10/how-a-palestinian-academic-defeated-a-campaign-to-silence-her

https://mondoweiss.net/2022/02/defeating-the-ihra-witch-hunt-an-interview-with-palestinian-activist-and-scholar-shahd-abusalama/

https://electronicintifada.net/blogs/nora-barrows-friedman/podcast-ep-51-defeating-censorship-uk-campus

Tags Freedom of Expression, IHRA

Press Release

More and more German courts confirm the right to BDS

Post author By ELSC
Post date 9 February 2022
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Time for German cities and the Bundestag to scrap their shameful anti-Palestinian resolutions

European Legal Support Center (ELSC), Amsterdam and Berlin, February 9, 2022

On January 20, Germany’s Federal Administrative Court in Leipzig confirmed that the City of Munich had violated the right to freedom of expression by denying the use of its conference hall solely because it did not like the particular theme of the planned event. The Court instructed the City to provide its hall for a public debate of Munich’s anti-BDS resolution. The ELSC commends the judges of Germany’s highest administrative court for this principled decision, which represents yet another milestone in efforts to put an end to Germany’s unethical and unlawful anti-BDS resolutions.

The decision of Germany’s highest administrative court in Leipzig comes in a context in which activists for Palestinian human rights have to turn to the courts to defend their constitutional rights to freedom of expression and assembly against their cities, which seek to impose the anti-BDS resolutions adopted by local and regional parliaments, as well as the German Bundestag.

Since 2019, at least seven German courts have consistently upheld the right of activists to use public facilities for BDS-related events. In eight decisions, the Munich Regional Court, the administrative courts of Oldenburg, Lower Saxony , Cologne, Hesse, Bavaria and, most recently, Leipzig have convicted the cities of Oldenburg, Bonn, Frankfurt and Munich for violating the constitutional rights to equality, freedom of expression and assembly, instructing the cities to provide the requested public facilities.

In light of these court decisions, German municipal bodies should respect these constitutional rights and ensure equal access to public venues for activists for Palestinian rights. Nevertheless, promoters of Germany’s anti-Palestinian policies, including the federal antisemitism commissioner Felix Klein, continue to push for more of the same restrictive measures, claiming that German cities may lawfully deny public spaces for BDS-related activities, because decisions of administrative courts, including the recent decision of the federal court in Leipzig, apply to the respective specific cases and circumstances only.

In terms of legal efforts, the step ahead is, therefore, a principled challenge of the constitutionality of the anti-BDS resolutions that underpin the restrictive measures of German cities. At least 13 such anti-BDS resolutions – which, based on the false accusation of antisemitism, call for withholding public spaces and subsidies from groups and activities related to the Palestinian civil society-led BDS movement – have been adopted since 2017 by the parliaments of Frankfurt, Munich, Berlin, Cologne, Dortmund, Bochum, Bonn, Leipzig and Bielefeld, the countries of Baden-Württemberg, Thuringia and North Rhine-Westphalia, and the federal Bundestag.

German administrative courts have already ruled that these anti-BDS resolutions are no more than an expression of will, do not have legal standing and can, thus, not justify the restriction of an existing legal right. The Constitutional Court of North-Rhine Westphalia, moreover, has confirmed that the legality of these resolutions may by challenged in constitutional courts, when procedures are exhausted in administrative courts.

Since the Bundestag’s anti-BDS resolution of 2019, activists of the initiative ‘Bundestag 3 for Palestine’ have been insulted as antisemitic and unlawfully excluded from many public spaces in German cities. A Jewish member of the initiative was even compared to the antisemitic murderer of Halle by the antisemitism commissioner and Uwe Becker, board member of the German-Israeli Society DIG. With its recent decision, the Federal Administrative Court now supports BT3P’s lawsuit against the Bundestag, because it ruled conclusively that public space bans because of support for BDS are illegal.

Ahmed Abed, Lawyer of the Bundestag 3 for Palestine (BT3P)

***

For more on these German court decisions, read: German Case Law: A coherent Set of Principles for Challenging anti-BDS resolutions.

Support our legal work against German anti-BDS resolutions and support the Bundestag 3 for Palestine in their legal battle against the Bundestag’s anti-BDS resolution.

For more information, contact us: info@elsc.support

Tags BDS, Freedom of Expression

Statement

We Won’t Be Silenced: On the Attempts to Smear Free Palestine Maastricht

Post author By ELSC
Post date 8 February 2022
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Student activist group Free Palestine Maastricht, dedicated to building solidarity and awareness on the Palestinian cause, is targeted in an escalating unfounded smear campaign initiated by a student at Maastricht University. The ELSC has been providing the group with legal assistance. In the statement below, Free Palestine Maastricht asserts its right to advocate for Palestinian rights and calls upon Maastricht University to protect students’ fundamental rights of freedom of expression, assembly, and association.

Free Palestine Maastricht (FPM) is a student-led organization that aims to amplify the voices of the Palestinian people in their struggle for freedom and justice against the Israeli apartheid regime. We proudly support the Boycott, Divestment and Sanctions (BDS) movement which we, like many civil society organizations and renowned scholars, see as a legitimate inclusive and anti-racist movement based on respect for fundamental human rights. The members of FPM represent diverse backgrounds, beliefs and origins including Jewish students. Since our establishment in October 2020, we have developed a strong, inclusive community of solidarity with Palestine organizing several events and debates on- and off-campus in Maastricht.

The right to advocate for Palestinian rights, including the promotion, discussion and participation in boycott campaigns constitutes an integral part of the rights to freedom of expression, association and assembly which the University of Maastricht must protect. Accordingly, the University is required to offer a safe space to all its students for engaging in constructive debates and activism.

Recently, FPM was the target of a smear campaign based on inflammatory and completely unfounded accusations of antisemitism. This campaign was ultimately amplified by a network of pro-Israel lobby organizations with the clear aim to intimidate and silence us. This episode is part of a larger coordinated attack on Palestinian and European civil society organisations providing solidarity to Palestinians. A report published by the European Legal Support Center (ELSC) shows that over 70 incidents occurred in the Netherlands between 2015 and 2020, including attempts at restricting academic freedom, defamation and threats with lawsuits to intimidate advocates for Palestinian rights. Among them, the mobilization of smear campaigns that publicly discredit individuals and organizations was the most used tactic. What happened to us clearly aims to create a chilling effect and discourage our fellow students from participating in our activities.

Nevertheless, FPM stands strong. We are not intimidated nor will we be silenced. We are even more determined to organize and raise awareness on and off campus for justice in Palestine. We urge the University of Maastricht to support its students when their freedom of speech comes under attack and to firmly condemn the attempts to smear us.

Four Jewish organisations expressed their support to Free Palestine Maastricht in a letter addressed to Maastricht University. Read the letter here.

Jewish students at Maastricht University also supported FPM. Read the letter here.

Tags BDS, Freedom of Expression

Event

Workshop in Support of Students’ On-Campus Activism in the UK

Post author By ELSC
Post date 3 February 2022
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As the Israel Apartheid Week is approaching, the ELSC is participating in a workshop organised by Young Palestine Solidarity Campaign on the 8^th of February at 6 PM London time. The workshop is tailored for student solidarity organisers and student activist groups in support of Palestinian rights. It aims to address what Israeli Apartheid Week is, as to guide student activists in organising for this important international Palestine solidarity event that mobilises support for the Palestinian struggle for justice and human rights at their respective universities.

The workshop features the European Legal Support Center and the Palestinian BDS National Committee. Our intervention seeks to empower student solidarity groups in their activism on Palestine, as to be aware on how to push back against on-campus repression tactics including smear campaigns, unfounded allegations of antisemitism, the use of the controversial IHRA-Working Definition of Antisemitism, legal threats, denial of access to public spaces, cancellation of events, or disciplinary procedures.

Register here: bit.ly/3reti1P

Tags IHRA

Newsletter

ELSC Newsletter: January

Post author By ELSC
Post date 3 February 2022
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Dear friend,

This month we share with you our 2021 achievements in pushing back against silencing Palestinian rights advocacy, a campaign in support of an activist of BDS Austria sued over a Facebook post, updates on the repression of Palestinian civil society, an important ruling in Germany on the illegality of anti-BDS motion, and unfounded allegations of antisemitism to delegitimise Palestinian rights supporters in the UK.

ELSC 2021 ACHIEVEMENTS

The year 2021 witnessed a rise in global mobilisation efforts for justice, Palestinian rights, and an end of apartheid. As Palestinian rights advocacy exposed Israel’s human rights violations and empowered the discourse on Palestine, the Israeli government and its allied groups intensified their attacks against Palestinian rights advocates.

In this context, the ELSC provided legal support in 80 cases of repression against advocates for Palestinian rights in Europe, assisting over 140 advocates including Palestinian and European CSOs, activist groups, students, academics, artist and cultural institutions. Read below on the successful experience of Progetto Palestina, a student activist group based in Italy, which confronted repression with resilience:

It gave us new energy and we started working to transform this attack into an opportunity. The ELSC backed us, and allowed us to focus on our activities while they took care of the legal aspects of the issue. We started a communication campaign on and off campus, which culminated in a big demonstration on Nakba Day, when more than 5.000 people marched for the streets of Turin, demanding the end of the apartheid regime and a free Palestine.

CAMPAIGN IN SUPPORT OF BDS-AUSTRIA FACING UNFAIR LAWSUIT

This month, we launched a public campaign in support of a member of BDS Austria facing a Strategic Lawsuit against Public Participation (SLAPP) filed by the Municipality of Vienna.

The Municipality claims defamation over a picture posted by BDS Austria on Facebook showing the famous “Visit Apartheid” poster with the logo of the City of Vienna, which was placed by unknown people on a billboard in Vienna.

This case reflects the pattern of targeting Palestinian rights advocates through the adoption of the illegal anti-BDS motion as illustrated in this expert opinion. The activist is now facing a lawsuit with legal costs and damages that could amount up to €35.000. The lawsuit was challenged in a court hearing on the 28^th of January and the case is still pending. To support the activist, we are raising donations to help him cover the legal fees, if you stand for Palestinian rights advocacy please support by donating.

Donate here

Over 1600 people have signed our petition, co-sponsored with the European Coordination of Committees and Associations For Palestine (ECCP), calling upon the Municipality of Vienna to withdraw its unfounded lawsuit and repeal its anti-BDS motion.

Sign the petition

Share our Twitter thread, Facebook, LinkedIn and Instagram posts with the hashtag #ViennaVisitApartheid

UPDATES FROM THE UK

On-campus repression and violations of academic freedom in the UK escalate with the latest attack on the Palestinian PhD student Shahd Abusalama, supported by the ELSC. Shahd got suspended from teaching by Sheffield Hallam University as a result of a smear campaign by pro-Israel groups that deliberately targeted her as a critical voice against the reality of apartheid in Palestine. The significant #InSupportofShahd campaign successfully resulted in Shahd’s reinstatement, yet her case is still under an investigation.

Share our Twitter thread #InSupportofShahd

Graphic via SOAS Palestine Society on Twitter.

If you too have faced repression for Palestinian rights advocacy, make sure to fill out our incident report form and request legal support if you need.

Report an Incident

A VICTORY FOR FREEDOM OF EXPRESSION IN GERMANY

The German federal court of Leipzig ruled that Munich’s anti-BDS policy violates the freedom of expression. The Federal court also affirmed that the anti-BDS resolution is not law. The ruling unfolds amidst a context of harsh repression of Palestinian rights advocates in Germany, and therefore represents a victory for the Palestine solidarity movement and BDS supporters in the country.

CASE UPDATE IN FRANCE

A French Court is also set to be ruling on the legitimacy of BDS since on 27^th January 2022, there was a hearing in the Court of Appeal of Lyon on the case of French activist Olivia Zémor who was sued for reporting boycott calls. The first instance judgement, in May 2021, was crucial as it acquitted her by referring to the landmark ruling of the European Court of Human Rights that asserted the legitimacy of BDS calls under freedom of expression.

We hope that the Court of Appeal will confirm the first instance judgement and reaffirm the legality of BDS. The decision is expected on 5 May 2022.

CHALLENGING REPRESSION OF PALESTINIAN CIVIL SOCIETY

Lawfare and disinformation campaigns continue to harm Palestinian civil society as Israel seeks to enforce its unsubstantiated designation. Yet, a new article by +972 Magazine exposes another failed effort by Israel to convince European officials of the unfounded allegations of ties with terrorism against the six prominent Palestinian CSOs.

Even without any evidence on the misuse of funds – confirmed by an external investigation – the Dutch government has given into political pressure by ending its funding to the Union of Agricultural Work Committees (UAWC), a vital organisation in the occupied Palestinian territory. The decision has been widely condemned by international civil society actors that mobilised collectively to urge the Dutch government to resume its funding to UAWC and reject Israel’s designation.

Read our joint statement with The Rights Forum

Read the joint letter of 60 CSOs here

Read the joint letter of 28 Dutch NGOs (Dutch)

In a statement, the Charity & Security Network also condemned the Dutch government’s decision and urged donors to continue their support for Palestinian civil society, providing them with an important briefing and guidelines.

Share on Twitter

In another politically driven move, the European Commission (EC) suspended funds to Al-Haq in May 2021. After a successful audit and while there is no evidence on the misuse of funds, the EC still has not resumed funding. Not only it contributes to the unfounded attack on the Palestinian civil society, but it also violates principles of good administration and proportionality.

Read Al-Haq’s statement

Check our Twitter thread

You can help us to ensure that defenders of Palestinian rights receive free legal advice and support by making a one time or monthly donation to the ELSC. Any donation would empower our fight for Palestinian rights in Europe.

Donate

If it is not possible to make a donation at this time, you could follow us on Facebook, Instagram, LinkedIn and Twitter and spread the word about repression of civic spaces for advocates of Palestinian rights.

Tags BDS, Defunding, Freedom of Expression, IHRA

Release

ELSC Achievements in 2021

Post author By ELSC
Post date 1 February 2022
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We are pleased to share our achievements last year in support of the Palestinian struggle for freedom, justice and human rights.

In 2021, repression against Palestinian rights advocates has increased in Europe, particularly after Israel’s latest attack on Gaza and on Palestinian families opposing forced displacement in Jerusalem and the important mobilisation from civil society that followed, all over the world. Yet, the ELSC provided legal support or assistance in 80 cases of repressive attacks on advocates for Palestinian rights in the UK, Germany, The Netherlands, Italy, Austria, Belgium and France. This is twice the number of cases that we were able to support last year! We have managed to assist over 140 Palestinian rights advocates including Palestinian and European CSOs, activist groups, students, academics, artist and cultural institutions. In the vast majority of the cases we supported, our action was successful (the other cases are still pending). Among them, we share with you one success story!

An example of a successful case empowering young activists’ voices

“Progetto Palestina” is a student activists group at the University of Torino, which advocate for justice for Palestinians and calls for boycotts of Israeli apartheid, in line with international human rights standards. The group was targeted by a lawyer of pro-Israel organisation, which accused the members of the group of inciting to hatred against Jewish people. On this basis, the lawyer requested the University to disclose the personal data of the students with the clear aim to file a criminal complaint against them.

The ELSC immediately and successfully intervened, alerting the university that allowing access to the personal data of the students would violate their right to privacy. The University fully accepted our request denying access to the students’ data. Today, Progetto Palestina keeps advocating for Palestinian rights on campus. The episode fuelled them with a “strong determination”. They told the ELSC:

“ It gave us new energy and we started working to transform this attack into an opportunity. The ELSC backed us, and allowed us to focus on our activities while they took care of the legal aspects of the issue. We started a communication campaign on and off campus, which culminated in a big demonstration on Nakba Day, when more than 5.000 people marched in the streets of Turin, demanding the end of the apartheid regime and a free Palestine.”

Demonstration in the streets of Turin on Nakba day, May 2021

Developing public outreach

With our team growing, we also developed more public outreach and advocacy that are essential to support some cases, in addition to the legal work.

We published our first monitoring report on “chilling” Palestinian rights advocacy in the Netherlands together with 2 resource papers. This included a guide on the 10 situations in which the ELSC could defend your right to advocate for Palestinian rights.

We released 10 statements and joint letters, such as a letter to the EU Commission against the instrumentalisation of the IHRA definition of antisemitism, co-signed with 10 organisations. We also filed our first submission to the UN Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression.

Finally, we intervened in 2 workshops and 3 webinars, including one that we organised with Al Haq, PAX, SOMO, The Rights Forum on challenging the repression of Palestinian rights advocacy, and a webinar organised by the Palestine Solidarity Campaign UK on resisting the IHRA definition.

Expanding the ELSC in Europe

With the support extended by our donors, we have managed to develop our expertise and our legal network, and expand to better defend and empower those who are advocating for fundamental rights and justice for Palestinian people.

In the upcoming year, we have ambitious plans to increase the ELSC’s capacity for effective legal support even further, especially in the UK and Germany, where the attempts to criminalise and suppress academic freedom and campaigning for Palestinian rights are particularly severe.

Help us grow and support justice by donating.

Case Update

The Negative Impact of the Vienna Anti-BDS Motion on the Rights of Freedoms Of Expression, Association and Assembly

Post author By ELSC
Post date 28 January 2022
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This executive summary of the legal opinion published by the ELSC outlines how the ‘anti-BDS motion’ adopted by the Vienna City Council on 27 June 2018 and currently invoked in a lawsuit against BDS activist, infringes on the fundamental rights of freedoms of expression, association and assembly.

On the 29th of August 2021, BDS Austria published a social media post with a picture of the famous poster stating “Visit Apartheid” that was stuck on a billboard along with the official logo of the Municipality of Vienna. In November 2021, a member of BDS Austria was notified that the Municipality of Vienna officially filed a lawsuit against him. The Municipality, among other claims, accuses the BDS movement of “inciting hatred against Israeli people” and therefore being publicly associated with BDS would amount to defamation, since “the designation of the situation in Israel/Palestine as an ‘Apartheid’” constitutes damage to their reputation.

In response to these accusations, the Legal Opinion written by Professors Xavier Dupré De Boulois, Eric David, Richard Falk and John Reynolds establishes the legitimacy of the BDS movement and of the right to boycott by drawing on public international law, European and international human rights law.

Firstly, the Opinion illustrates that the BDS movement pursues a legitimate human rights agenda grounded in public international law, since:

I. Israel’s violations of peremptory norms of public international law are factually established. International bodies have consistently reported Israel’s non-compliance with, inter alia, the Palestinian people’s right to self-determination and Article 49 of the Fourth Geneva Convention on the unlawful transfer of civilian population. The UN Committee on the Elimination of Racial Discrimination and leading human rights organisations have also substantially documented that the State of Israel commits the crime of apartheid.

II. Against this backdrop, the international community of State and non-State actors has a responsibility to take action:

A. States have a twofold duty to:

refrain from recognising as lawful a situation created by a serious breach of a peremptory norm of international law, and to
refrain from providing aid or assistance in maintaining the situation created by such a breach.

B. The European Union and its Member States must respect and promote public international law, especially as regards the jus cogens right to self-determination of the Palestinian people and its ramifications.

C. Corporations must ensure respect for all internationally recognised human rights, as sanctioned by the 2011 UN Guiding Principles on Business and Human Rights.

III. Accordingly, the BDS movement pursues a legitimate aim by urging States and non-State entities to comply with their public international law obligations. Moreover, BDS is rooted in anti-racist principles, and it endorses non-violent measures to achieve its goals. It enjoys a broadly recognised legitimacy by UN Special Rapporteurs, international experts and scholars, civil society organisations, and officials of State and public institutions.

Secondly, the Opinion analyses the legitimacy of the BDS movement’s right to call for boycott from the perspective of international human rights law and ECHR law.

I. International human rights law affirms the BDS movement’s right to call for boycott

Articles 19, 21 and 22 of the International Covenant on Civil and Political Rights respectively guarantee the rights to freedom of expression, freedom of assembly and freedom of association. The right to promote, discuss and participate in boycott campaigns to raise awareness and advocate for the respect of human rights, is subsumed within these rights.

Under international human rights law, boycotting goods or institutions belonging to or coming from a given State does not constitute discrimination if it pursues a legitimate aim. In fact, BDS has the following goals:

Affecting the foreign commercial policy of the State of Israel, which commits grave violations of international law, and pressuring that State to cease such violations;
Targeting specifically those products that originate in illegal Israeli settlements in the occupied Palestinian territory and those institutions, companies and individuals that are involved or complicit with the State of Israel’s grave violations of international law;
Inciting, rather than constraining, consumers to freely choose the products that they buy.

Therefore, the goal of the BDS call for boycott is not to advocate for an arbitrary discrimination of Israeli citizens, but to target a deliberate State policy and to promote compliance with public international law. The differential treatment afforded to the State of Israel by the BDS movement is solely directed at its policies and practices, not at the Jewish people.

II. The law of the Council of Europe affirms the BDS movement’s right to call for boycott

Articles 10 and 11 of the European Convention on Human Rights protect the rights to freedom of expression, of association and of assembly. In particular, freedom to impart information and ideas, as a subset of freedom of expression, allows political debate and criticism of the government, which are crucial indicators of a free and democratic society.

The BDS movement is therefore entitled to criticise Israeli government policies and to inform the public about Israel’s violations of public international law, including through a call for boycott. In the recent case of Baldassi and Others v. France, the European Court of Human Rights affirmed that “boycott is above all a means of expressing an opinion of protest. The call for a boycott […] therefore falls within the scope of […] Article 10 of the Convention”. It further stated: “incitement to differential treatment does not necessarily amount to incitement to discriminate”.

In conclusion, any action taken to silence the BDS movement or to obstruct its call for boycott represents an arbitrary and unlawful interference with the rights to freedom of expression, of association and of assembly, protected under European and international human rights law. The Vienna City Council’s anti-BDS motion as well the SLAPP initiated by the Municipality of Vienna both illustrate a few of the techniques used to curtail fundamental rights.

Download the executive summary.

Download the full legal opinion.

Tags BDS, Freedom of Expression

Case Update

Europeans Jews for a Just Peace (EJJP) support BDS Austria and urge the Mayor of Vienna to desist from its lawsuit

Post author By ELSC
Post date 27 January 2022
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On 25 January 2022, Europeans Jews for a Just Peace (EJJP) sent a letter to the Mayor of Vienna, urging the Municipality to drop its lawsuit against a Palestinian rights advocate member of BDS Austria.

We urge the Municipality to desist from this meritless claim brought against BDS Austria in order to silence their voice. As a State institution, we ask you to stand alongside those who respect the law and to desist from your lawsuit, which constitutes an unjustified attack on the fundamental right to freedom of expression.

States the letter.

As Jewish groups which stand up for human rights and international law, they reject the allegations brought against the activist and BDS Austria as well as the anti-BDS motion of the City Council of Vienna. EJJP defends the legitimacy of BDS Austria and argues that the group lawfully criticises the State of Israel’s policies, including Israeli apartheid.

EJJP is a federation of 11 European Jewish peace groups campaigning in 9 countries throughout Europe against the occupation of the Palestinian Territories by Israel and in favour of a durable peace solution to the Israeli-Palestinian conflict.

Read the whole letter here.

Also see the EJJP annex listing rulings where courts acknowledged the lawfulness of BDS advocacy.

Picture: City Hall of Vienna © Creative Commons, Wien Rathaus hochauflösend, Thomas Ledl, 3 June 2015

Tags BDS, Freedom of Expression

Release

French Criminal Court Confirmed the Legitimate Character of BDS Call Dismissing the Allegations of Incitement to Discrimination Against Activist

Post author By ELSC
Post date 27 January 2022
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On Thursday 27 January 2022, the Court of Appeal of Lyon (Cour d’Appel de Lyon) is set to hear the case of TEVA vs. Olivia Zémor. The defendant Olivia Zémor is the President of CAPJPO-EuroPalestine which is a group of BDS activists. She was acquitted on the 18 May 2021 by the criminal court (Tribunal Correctionnel de Lyon) dismissing the allegation of incitement to discrimination. The judgement, outlined below, is a turning point in protecting the right to boycott in French courts.

The defendant was accused of incitement to discrimination and public defamation by Teva Santé, the French subsidiary of TEVA Pharmaceutical Industry (hereinafter, ‘TEVA’).

TEVA is a global pharmaceutical company based in Israel that produces and distributes generic medicines across the world. According to Israeli NGO ‘Who Profits’, the pharmaceutical company is complicit in supporting the unlawful occupation of the occupied Palestinian territory by exploiting Palestinian resources.

Several Palestine solidarity groups have been campaigning for a boycott of TEVA for a number of years because of their contribution to the unlawful occupation. A network of several French grassroots organisation advocating for Palestinian rights called ‘Collectif 69’ has been one of them.

On 19 November 2016 members of Collectif 69 gathered in front of the Grand Pharmacie Lyonnaise in Lyon as part of a BDS protest. The protesters encouraged shoppers and members of the public to support the boycott of TEVA products by distributing leaflets and attaching stickers to health care cards with the aim of informing the public about TEVA’s contribution to the unlawful Israeli occupation.

The following day CAPJPO-EuroPalestinepublished an article on its website about the protest quoting activists who participated in the action: “We have distributed hundreds of leaflets to passers-by and we have stuck a good number of stickers on their health care cards. Despite the fact that TEVA carefully hides in its various advertisements that part of its profits goes to the Israeli army, a significant number of passers-by were already aware about this situation and they declared themselves unwilling to give any money to the manufacturer of drugs from a country that prevents Palestinians from getting health treatments”.

The plaintiffs Teva Santé claimed the statement was defamatory, detrimental to the honour of the company and constituted incitement to discriminate against the company on the basis on nationality. Several pro-Israel advocacy groups joined the hearings as interested third parties.

With particular regard to the allegation of incitement to discrimination on the grounds of nationality, the Court of Lyon referred to the landmark ruling Baldassi and Others v. France delivered by the European Court of Human Rights (ECtHR) in June 2020. The ECtHR described boycotts as a peculiar means of exercising freedom of expression as it combines expressing a protesting opinion with incitement to differential treatment. The latter can be discriminatory if it has no objective and reasonable justification, if it does not pursue a legitimate aim or if there no proportionality between the means employed (i.e. boycott) and the aim sought to be realised (i.e. rejecting the unlawful occupation by Israel of the occupied Palestinian territory).

In the present case, the Court acknowledged legitimacy of the BDS call and the reasonable means it employed and emphasised that: a) the protest “was not subject to any prosecution of its participants for making racist or antisemitic statements or for calling to hatred or violence” and b) the statements made by the Publication Director on EuroPalestine’s website reflected “a commitment, a firm belief in a public debate of general interest”.

The Court of Lyon decided to acquit EuroPalestine’s Publication Director of both charges, stating that her opinions published on the website were protected by the right to freedom of expression, did not incite discrimination nor did they amount to defamation of Teva Santé.

By referring to the Baldassi case in its reasoning, the Court acknowledged the legitimacy of the call for boycott of Israeli products and its protection as a form of expression under Article 10 of the ECHR. This decision represents a significantly positive development for Palestinian rights advocates in France, a country in which there is an institutional resistance to recognising the full legitimacy of BDS campaign.

For a comprehensive overview of the decision of the criminal Court on 18 May 2021, please read our Executive Summary.

The decision of the Court of Appeal is expected on the 5th of May 2022.

Tags BDS, Freedom of Expression

Release

60 International CSOs to Dutch Government: “Resume Dutch funding for UAWC, reject Israel’s designation of Palestinians NGOs”

Post author By ELSC
Post date 26 January 2022
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Along with 59 other civil society organisations from all around the world, we asked the Dutch government to resume its funding for UAWC and to reject Israel’s designation of Palestinian NGOs. Indeed, the Dutch decision to cut funding was baseless, and the Dutch government also failed to reject the Israeli designation whereas it was recognised as unsubstantiated. This is deeply harming Palestinian civil society and legitimises the ongoing Israeli politically-motivated smear campaigns against Palestinian CSOs.

Read the joint letter here.

Public Campaign for Austrian Activist Facing Lawsuit

Post author By ELSC
Post date 20 January 2022
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A member of BDS Austria is being sued by the Municipality of Vienna for sharing a Facebook post stating: ”Visit Apartheid – Free Palestine”. The Municipality has filed a strategic lawsuit against public participation (SLAPP) to deliberately repress and intimidate BDS-Austria and Palestinian rights advocates. Such a tactic threatens democratic values and fundamental rights. The hearing at the Commercial Court of Vienna will take place on the 28^th of January 2022.

TAKE ACTION NOW to push the Municipality of Vienna to withdraw its complaint!

On the 29^th of August 2021, BDS-Austria published a social media post with a picture of the famous poster stating “Visit Apartheid” that was stuck on a billboard along with the official logo of the Municipality of Vienna. The post had the sarcastic caption “We are pleased that the City of Vienna also takes note of apartheid and publicly states it”.

In November 2021, a member of BDS-Austria was notified that the Municipality of Vienna officially filed a lawsuit against him. According to the municipality, the BDS movement “incites to hatred against Israeli people” and therefore being publicly associated with BDS would amount to defamation since “the designation of the situation in Israel/Palestine as an “Apartheid” constitutes damage to our reputation”. Read the whole case summary here.

To support the activist and BDS Austria, you can:

Sign the petition asking the Municipality of Vienna to drop its lawsuit

Donate to help the activist with the legal fees

Share the campaign on social media with the hashtag #ViennaVisitApartheid and the Visit Apartheid poster

🚨While #Israel is enforcing apartheid by expelling Palestinian family in Sheikh Jarrah, @Stadt_Wien filed a lawsuit against a @BdsAustria activist for sharing online the “Visit Apartheid” poster.
Case details👉https://t.co/PXL7GYHh17 #SaveSheikJarrah #ViennaVisitApartheid
1/6 pic.twitter.com/k9OiFIUAdR
— European Legal Support Center (ELSC) (@elsclegal) January 20, 2022

Statement

The ELSC and The Rights Forum condemn Dutch government’s decision to defund UAWC

Post author By ELSC
Post date 11 January 2022
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The European Legal Support Center (ELSC) and The Rights Forum strongly condemn the decision of the Dutch government to end its funding to the Union of Agricultural Work Committees (UAWC). This decision was made despite an external investigation that affirmed UAWC’s institutional independence and cleared the organisation of the main charges levied against it by the Israeli government and its extremist allies.

UAWC is the largest agricultural development organisation in the occupied Palestinian territory (oPt), providing crucial training and supplies to Palestinian farmers and fisherfolk in the West Bank and Gaza. The organisation plays an essential role in making Area C of the West Bank liveable and accessible for thousands of Palestinians farmers as well as their families and communities. Accordingly, it is undisputable that the termination of Dutch funding for UAWC’s projects will have tremendous repercussions on Palestinians. It will encourage Israel’s illegal settlements enterprise and facilitate Israel’s de facto annexation of the Palestinian territory.

For years, UAWC, has been the target of smear campaigns led by a network of Israel advocacy groups claiming UAWC has institutional ties to the Popular Front of Liberation of Palestine (PFLP), a Palestinian political party and a proscribed group in the European Union. These campaigns are part of a larger coordinated attack on Palestinian civil society and international organisations that provide solidarity to Palestinians which escalated in October 2021 when the Israeli Government designated UAWC and other five prominent Palestinian civil society organisations as “terror organisations”. Most of these lawfare and disinformation groups coordinate with the Israeli government in some fashion and have expressed support for the expansion of illegal Israeli settlements. In a report released in October 2021, the ELSC identified 12 attempts in the Netherlands – between 2015 and 2020 – by pro-Israel advocacy groups to pressure Dutch donors (mostly the Dutch government) to defund civil society organisations supporting the Palestinian people.

The groundless nature of the allegations brought against UAWC has now been openly acknowledged by the Dutch government itself. According to the Dutch Minister of Foreign Affairs, the findings of the Dutch investigation into UAWC confirm that there is no evidence that:

(a) there are any organisational links between UAWC and the PFLP;

(b) there are any financial links between UAWC and the PFLP;

(c) the PFLP directs UAWC;

(d) board and staff members used their position at UAWC to organise or support any terrorist activity.

However, in the Dutch Government’s view, UAWC’s failure to screen and select its staff and board members on the grounds of their political opinion and affiliation is considered “undesirable” and displays a “lack of candour” by the organisation. That is the sole basis put forward by the Dutch government to terminate its funding of UAWC, which started in 2007.

This decision is extremely problematic, as it starkly contradicts the essential findings of the investigation and ignores UAWC’s legal obligations and internal policies to not discriminate its employees on the basis of the political views expressed outside their duties within UAWC. By doing so, the Dutch government neglects its policy of supporting human rights defenders, thus enabling the efforts to repress Palestinian civil society by the Israeli Government and the disinformation groups it works with.

To protect the health of our democracies as well as any hopes for a future peace in Israel/Palestine, governments, donors, policymakers, and businesses around the world should acknowledge and firmly reject smear campaigns targeting human rights defenders.

Therefore, we:

call on civil society and solidarity groups world-wide to join and amplify the protest launched by The Palestinian Non-Governmental Organizations Network PNGO by sending protest letters to the Dutch Foreign Ministry MENA department;
urge all other donors of UAWC, both governmental and private, to maintain their funding for UAWC.

Download the statement.

Tags Defunding

Newsletter

ELSC Newsletter: November

Post author By ELSC
Post date 8 December 2021
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Dear friend,

This month we share with you important updates on challenging Israel’s attack on Palestinian civil society and the repression of Palestinian rights advocacy in Europe including in the Netherlands and the UK, a webinar, op-eds, and other news and resources.

On the 29th of November, which marked the International Day of Solidarity with the Palestinian People, we shared our solidarity statement reaffirming the need to stand and defend Palestinian rights (advocates) every day.

ELSC NEWS

We released a new leaflet addressing 10 situations in which our team can defend the right to advocate for Palestinian rights as to empower advocates and help them to challenge repression through legal avenues.

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UPDATES FROM THE UK

The ELSC has recently intervened at an event on Combatting the Chilling Effect on Academic Freedom and Palestine advocacy on UK campuses organised by the UCU (University and College Union) inWarwick University and open to staff and students.

On-campus repression of Palestinian rights advocacy continues in the UK, as LSE students were heavily smeared for protesting against the participation of the Israeli ambassador in the UK Tzipi Hotovely in a debate on Middle East Peace. We have stood in firm support to the LSE students who have the full right to protest against apartheid regimes and their representatives, and we have urged the university to ensure the provision of a safe space for dissenting opinions.

Share our statement on Twitter

Such illegitimate repression is met with resilient efforts to amplify Palestinian rights advocacy. Queens Mary Students have voted to revoke the adoption of the IHRA definition of antisemitism, as to reclaim the unprotected rights of students and academics to advocate for Palestinian rights on-campus.

On the same topic, Larissa Kennedy – the President of the National Union of Students in the UK – signed an op-ed titled “After BLM, Palestine solidarity is the litmus test for UK campus freedom of expression” where she asserts the rights of the student movement to protest and continue the struggle for justice and liberation.

CHALLENGING REPRESSION OF PALESTINIAN RIGHTS ADVOCACY

An investigation released by +972 and The Intercept showed that the “evidence” claimed by the Israeli government to designate six Palestinian prominent human rights organisations as “terrorist” was flawed. Despite that, the responses from EU States and institutions to the unfounded designation remained relatively weak. Therefore, we joined more than 100 organisations, human rights groups, unions, and parties to call upon the EU to take strong actions against this serious attack on Palestinian civil society.

Read the letter

With our partners Al Haq, PAX, SOMO and the Rights Forum, we held a webinar on challenging the repression of Palestinian rights advocacy in Palestine as well as the attempts to silence advocates in the Netherlands. The webinar featured Wesam Ahmad from Al Haq, who focused on the implications of the designation and the expected actions from third state parties including the Netherlands. Giovanni Fassina (ELSC) and Lydia De Leeuw (SOMO) also addressed the responsibilities of the Dutch government in protecting civic space for Palestinian rights advocates in the Netherlands.

UPDATES FROM THE NETHERLANDS

Our op-ed “How Palestine advocacy is silenced in the Netherlands” has been published by Middle East Eye. The ELSC’s Director, Giovanni Fassina, covers the main findings of our report on “The Attempt to Chill Palestinian Rights Advocacy in the Netherlands”, which reveals a pattern of deliberate attempts by Israel-advocacy groups and other actors to intimidate, smear and silence those who legitimately stand up and advocate for Palestinian rights.

Read the full report

The outspoken academics Karin Arts and Jeff Handmaker also published their op-ed “The Netherlands must speak out against Israel’s attack on Palestinian organisations” urging the Dutch government and the European Union to stand up for the Palestinian NGOs under an illegitimate attack deliberately aimed at silencing voices for Palestinian freedom and human rights.

In further response to Israel’s attack on the six NGOs, directors of Palestinian NGOs were in the Netherlands to meet with Dutch officials. Read this article for an analysis by Shawan Jabarin, the director of Al Haq, who reiterated that they won’t be intimidated by such an attack.

RESOURCES & NEWS FROM AROUND EUROPE AND PALESTINE

In a recent report, Front Line Defenders reveals that six Palestinian human rights defenders, including three members of the groundlessly designated organisations, got hacked with NSO Group’s Pegasus Spyware. The hackings were confirmed just before the designation. Front Line Defenders asserts that counter-terrorism legislation must never be instrumentalised to repress legitimate human rights.

In response, a joint letter signed by a number of international CSOs and independent experts including Human Rights Watch and Amnesty International has urged the EU to adopt targeted sanctions against NSO Group.

Additionally, Apple is suing NSO Group to hold it accountable for the abuse of state-sponsored spyware, surveillance and targeting of Apple users.

Importantly, on the 12^th of November, the OECD UK National Contact Point found UK company JCB in breach of its human rights obligations due to the use of its products to illegally demolish Palestinian homes. Read the analysis of Lawyers for Palestinian Human Rights on the case.

A few days later, Amnesty UK issued a new report exposing the responsibilities of JCB in war crimes being committed in the occupied Palestinian Territories.

If you have faced repression for Palestinian rights advocacy whether at university, work, or during a protest in a public space or online, make sure to fill out our incident report form. This information enables us to track how Palestinian advocacy is attacked and silenced, helping us to better defend activists in times of need and push back against shrinking civic space.

REPORT AN INCIDENT

You can join our movement to ensure that defenders of Palestinian rights receive free legal advice and support by making a one time or monthly donation to the ELSC. Any donation would empower our fight for Palestinian rights in Europe. If it is not possible to make a donation at this time, you could follow us on Facebook, Instagram, LinkedIn and Twitter, share our posts and spread the word about repression of civic spaces for advocates of Palestinian rights.

DONATE

Tags Defunding, Freedom of Expression, IHRA

Release

More than 100 Trade Unions, Political Parties and Human Rights Groups Send Letter to EU in Defence of 6 Palestinian Human Rights Organisations

Post author By ELSC
Post date 26 November 2021
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The ELSC joined more than 100 organisations, groups and unions to ask the EU to take strong actions against the unfounded designation of six Palestinian human rights organisations as “terrorist”.

Over 100 European political parties, trade unions, human rights organisations and civil society groups sent a letter to Josep Borell, the EU High Representative for Foreign Affairs, outlining their grave concern at Israel’s decision to label six Palestinian human rights NGOs as “terrorist entities”.

The letter, states that the EU has not done enough to protect these Palestinian groups, calls for a clear rejection of the designation by the EU, and asks the EU to suspend the acceptance of Israel into the highly lucrative Horizon Europe research and development programme.

Among the signatories of the letter are political parties like Sinn Féin (Ireland), Europe Ecologie Les Verts (France), Parti Communiste Français (PCF), People Before Profit (Ireland), BIJ1 (Netherlands), trade unions including major trade union confederations in Ireland, Italy and France.

Internationally, signatories include the International Federation for Human Rights, The Rights Forum, Via Campesina and others.

Text of the letter below and in PDF.

Brussels, 25 November 2021

Dear High Representative,

As organisations based in Europe, we would like to alert you to the extremely serious situation created by the slander of the State of Israel against six of the most important and internationally renowned Palestinian human rights organisations: Addameer Prisoner Support and Human Rights Association, Al Haq – Law in the service of men, Bisan Center for Research and Development, Defense for Children International – Palestine, the Union of Agricultural Work Committees, Union of Palestinian Women’s Committees.

After their classification as “terrorists” on 22 October, and with the subsequent military banning order on 7 November, they are in great danger: their premises may be invaded or closed down, their equipment confiscated, their leaders and staff arrested and their funding is put in danger. The protection services they provide to the Palestinian population, as well as their ability to inform international bodies about human rights violations in Palestine, are themselves jeopardised by this decision. The European Union must remain true to its own values; it must protect them.

The statement by the EEAS Spokesperson on October 28 was not commensurate with the gravity of this threat. By stating that the EU “takes such allegations extremely serious” and by “engaging Israeli authorities for more information”, it gives weight to allegations against partners that the European Union has known perfectly well for years, and it legitimises the idea that the State of Israel would have a legitimate reason to take up the issue. This is doubly false: firstly because these organisations are subject to Palestinian law, and the State of Israel has no business declaring them as unlawful, and secondly because the Israeli leaders who accuse them are the same ones who could be implicated by the ICC procedures, which themselves could be based on the information and investigation files provided by these NGOs.

We therefore ask you first of all for a much clearer public statement on this issue. In particular, we ask you to:

clearly reject the Israeli allegations and question their legitimacy,
publicly renew your confidence in these human rights organisations, which are doing remarkable and indispensable work on the ground,
formally ask the Israeli government to reverse its decisions to designate and subsequently ban them,
inform all donors and financial intermediaries of your rejection of the decisions taken by the State of Israel and of your confidence in the NGOs in question,
officially receive, at your level, the leaders of these NGOs and assure them of your full support,
publicly and financially support the action of the ICC including the case for Palestine.

Beyond this indispensable statement, it is necessary to take action.

The first act that you can take, together with the European Commission of which you are Vice President, concerns the agreement to include Israel in the Horizon Europe research and development programme. While one can imagine that even the simple respect of the July 2013 guidelines was not frankly approved by Israel, the Commission probably wanted to make a “positive gesture” towards Israel by declaring on 18 October that the negotiations were over. We know the result: four days later, the State of Israel launched the most serious offensive in history against Palestinian human rights organisations. A few days later, on 30th October, the Israeli ambassador tore up the report of the UN Human Rights Council at the UN.

In such a context, the signing of this agreement, scheduled for 9 December, would be a disgrace for Europe. We ask you, Mr. High Representative, to take the necessary measures to suspend the signing of this agreement. This is a simple measure of decency. Beyond that, more binding measures will have to be taken if the State of Israel persists in its position.

Sincerely,

European Coordination of Committees and Association for Palestine (ECCP) – Europe
Fédération Internationale pour les droits humains – FIDH
Trócaire – Ireland
Sinn Féin – political party – Ireland
Europe Ecologie Les Verts – political party – France
Confédération générale du travail (CGT) – trade union – France
FIOM-CGIL – trade union – Italy
Irish Congress of Trade Unions – trade union confederation – Ireland
Unite the Union, Ireland Region – trade union – Ireland
UNISON Northern Ireland – trade union – Ireland
People Before Profit – political party – Ireland
Parti Communiste Français (PCF) – political party – France
Parti de Gauche – political party – France
Ensemble! – political party – France
BIJ1 (Political party) – Netherlands
Mouvement des Jeunes Communistes de France – political party France
Confédération Paysanne – trade union – France
Fórsa SENO Branch – trade union – Ireland
Belfast and District Trades Union Council – trade union – Ireland
Ireland-Palestine Solidarity Campaign – Ireland
Trade Union Friends of Palestine – Ireland
MOC – Movement of Christian Workers – trade union – Belgium
Union syndicale Solidaires – trade union – France
Craigavon Council of Trade Unions – trade union – Ireland
Cairo Institute for Human Rights Studies (CIHRS) – MENA
European Coordination Via Campesina – Europe
European Trade Union Network for Justice in Palestine – Europe
Sadaka – The Ireland Palestine Alliance – Ireland
Ligue des droits de l’Homme (LDH) – France
Suomen Rauhanpuolustajat – Finnish Peace Committee
Defence for Children International – Switzerland
Defence for Children International – Belgium
Students for Justice in Palestine Dublin City University – Ireland
Fédération Syndicale Unitaire (FSU) – France
MRAP – France
The Rights Forum – Netherlands
Jewish Voice for Just Peace Ireland – Ireland
Centre for Global Education – Ireland
Cairde Palestine Belfast – Ireland
Gaza Action Ireland – Ireland
Academics for Palestine – Ireland
MENA GROUP/Rete in difesa di (diritti umani e chi li difende) – Italy
Association France Palestine Solidarité (AFPS) – France
Union des Progressistes Juifs de Belgique (UPJB) – Belgium
Association des Universitaires pour le Respect du Droit International en Palestine (AURDIP) – France
British Committee for the Universities of Palestine – UK
Plateforme des ONGs Françaises pour la Palestine – France
Women’s International League for Peace and Freedom, Finland
Humanitas-Centre for global learning and cooperation – Slovenia
Association Belgo-Palestinienne – Belgium
France Palestine Mental Health Network – France
Viva Salud – Belgium
Union Juive Française pour la Paix – France
ICAHD Finland – Finland
Deutscher Koordinationskreis Palastina Israel (KOPI) – Germany
European Legal Support Center – Netherlands
Comite Pour Une Paix Juste Au Proche Orient – Luxembourg
Cultura è libertà, una campagna per la Palestina – Italy
AssopacePalestina – Italy
DocP – BDS Nederland – Netherlands
Nederlands Palestina Komitee – Netherlands
Buendnis fuer Gerechtigkeit zwischen Israelis und Palaestinensern e.V. BIP – Germany
BDS Berlin- Germany
Finnish-Arab Friendship Society – Finland
Association pour le jumelage entre les camps de réfugiés palestiniens et les villes françaises (AJPF) – France
Pand – Performars and Artists for Peace – Finland
Društvo UP Jesenice – Slovenia
Belgian Campaign for Academic and Cultural Boycott of Israel (BACBI) – Belgium
Mouvement de la Paix – France
Une Autre Voix Juive – France
Association des Travailleurs Maghrébins de France – France
Collectif Judéo Arabe et Citoyen pour la Palestine – France
Fédération des Tunisiens pour une Citoyenneté des deux Rives (FTCR) – France
Vrede vzw – Belgium
Dynamo International – Belgium
Les Femmes en Noir – France
Rete Romana di Solidarietà con il Popolo Palestinese – Italy
Rete Antirazzista – Firenze, Italy
Association France Palestine Solidarité Nîmes, France
Association “Pour Jérusalem” – France
Odv Salaam Ragazzi Dell’Olivo Comitato Di Tireste – Italy
Forum Palestine Citoyenneté – France
Comité de Vigilance pour une Paix réelle au Proche-Orient – France
Assopace Palestina Firenze – Italy
Chrétiens de la Méditerranée – France
Associazione Cinema e Diritti – Italy
Associazione di Amicizia Italo-Palestinese NLUS – Italy
Comitato Pistoiese per la Palestina – Italy
Donne in nero Italia – Italy
COSPE – Italy
CRED – centro di ricerca ed elaborazione per la democrazia – Italy
Campagna Ponti e non Muri di Pax Christi Italia – Italy
Giuristi Democratici – Italy
CPPI Saint-Denis [ Collectif Paix Palestine Israël] – France
New Weapons Research Group – Italy
Women in Black Vienna – Austria
Slovene Philanthropy – Slovenia
Not in Our Name – For a Just Peace in the Middle East – Czech Republic
Collectif Faty Koumba – France
La Courneuve Palestine – France
Comité pour le Respect des Libertés et des Droits de l’Homme en Tunisie – France
BDS Italia – Italy
Stichting – Groningen-Jabalya – Netherlands
UK-Palestine Mental Health Network – UK
Wilpf – Finland
Ipri-ccp – Italy
Comunità delle Piagge – Italy
Aderisco a nome del Comitato varesino er la Palestina – Italy
Pro Palestina – Italy
Stradafacendo – Italy

Event

Workshop: Defending and Empowering Student Activism on Palestine

Post author By ELSC
Post date 22 November 2021
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In partnership with DocP-BDS Nederland, the ELSC is organising an online workshop on “Defending and Empowering Student Activism on Palestine” addressed to students in The Netherlands, on the 2^nd of December 2021 from 5:30 – 7 pm CET.

If you are a student active on Palestinian rights advocacy, REGISTER HERE to the workshop.

The aim is to provide a safe space for individual students and student groups in support of Palestinian human rights, in order for them to share the challenges they face in mobilising and organising on-campus activities.

Students will get the opportunity to share their experiences. ELSC aims to provide them with defense mechanisms including legal and advocacy tools to support their activism while pushing back against attacks and incidents they may face in response to their advocacy (work).

We will share recommendations from our report “The Attempt to Chill Palestinian Rights Advocacy in the Netherlands”, and the lessons learned from our work in monitoring and defending student groups in support of Palestinian rights.

Agenda:

Introduction ELSC
Main findings of the ELSC report
Activism on campuses: lessons learned from the ELSC work in the UK
Poll among students about experiences of repression
Q&A/input from students
Wrap up

Event

Webinar: Challenging the Repression of Palestinian Rights Advocacy

Post author By ELSC
Post date 10 November 2021
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The European Legal Support Center (ELSC), PAX, SOMO, The Rights Forum and Al Haq are inviting you to a webinar on Challenging the Repression of Palestinian Rights Advocacy on the 18^th of November 2021 at 5.30pm.

See the recording of the webinar:

In response to Israel’s designation of six prominent Palestinian human rights NGOs and civil society organisations as “terrorist”, Palestinian and international civil society organisations have collectively called upon the international community to take all necessary measures to protect Palestinian rights’ advocates. 32 Dutch organisations called on the Dutch government to publicly speak out against the decision of the Israeli government and to condemn it as an unjustified restriction on civil society as well as take action to protect human rights defenders in Palestine and those who stand up for the rights of Palestinians anywhere in the world.

During the webinar, Wesam Ahmad, a Director at the Center for Applied International Law in Al Haq – one of the six leading organisations groundlessly designated – will discuss the implications of this repression on Palestinian civil society. He will also address the responsibilities of third states parties such as The Netherlands and concrete actions we should expect from our authorities.

We will highlight the importance of civic space for human rights advocates in the Palestine/Israel context in general but also how it is connected to shrinking civic space in The Netherlands, through Giovanni Fassina and Lydia de Leeuw’s interventions. A recent ELSC report shows evidence of clear patterns to shrink civic space of individuals and groups expressing in favour of the rights of the Palestinians or criticising illegal Israeli policies, through deliberate smear campaigns, attempts to defund, cyberattacks, threats with lawsuits, and restrictions on academic freedom. Fassina will speak about the role and responsibilities of the Dutch government in protecting and promoting civic space.

The discussion will be moderated by Thomas Van Gool from PAX and the interventions will be followed by questions from the audience. The language will be English.

Registration is mandatory: REGISTER HERE. The link to access the webinar will be sent a few hours before the webinar.

Agenda

Thomas Van Gool, PAX: Welcome and introduction
Wesam Ahmad, Al-Haq: On the Ground Testimonies of Repression against Palestinian Civil Society
Giovanni Fassina, European Legal Support Center (ELSC): Main findings of the report on the Attempt to Chill Palestinian Rights’ Advocacy in the Netherlands
Lydia De Leeuw, the Centre for Research on Multinational Corporations (SOMO): A case-study on attempted repression of civic space for Palestine related human rights research and advocacy
Discussion – Q&A

Tags Defunding, Freedom of Expression

Newsletter

ELSC Newsletter: October

Post author By ELSC
Post date 8 November 2021
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Dear friend,

This month we share with you news on our work to push back against the criminalisation of Palestinian civil society by Israel as well as our new report on shrinking space and Palestinian rights advocacy in the Netherlands. We also share good news from the UK where the authorities rejected unfounded allegations by a lawfare group, updates from the BT3P team who challenged the German Parliament in Court, and new job and traineeship opportunities with the ELSC.

Latest Israeli Attempt to Suppress Palestinian Civil Society

After the Israeli government’s latest attempt to criminalise six prominent Palestinian CSOs by designating them as “terrorist”, we signed a joint letter to express solidarity and collectively urge the international community to take all necessary measures to protect them. We also published a statement calling on the EU and its member states to reject the designation, to publicly oppose the repression of Palestinian civil society, and to continue their financial support to their Palestinian partners. A number of international actors have also firmly rejected the Israeli decision, you can keep track of these reactions here.

Read the statement and share it on Twitter.

First ELSC Monitoring Report on Chilling Palestinian Rights Advocacy in the Netherlands

The attacks against Palestinian civil society are part of a global strategy of the Israeli authorities and their allies to silence Palestinian voices and this echoes with what we have been observing in Europe. On the 12^th of October, we released our first monitoring report on the attempt to chill Palestinian rights advocacy in the Netherlands, which sheds light on the actors responsible for incidents of repression, including Israel-advocacy groups along with enabling actors such as Dutch right-wing media outlets and political parties. The report documents 76 cases of repression and the tactics used to repress Palestinian rights advocates.

BT3P vs. the Anti-BDS Motion of the German Bundestag: German Court Dismisses the Complaint

Since 2020, the ELSC has been supporting Palestinian-Jewish-German initiative Bundestag 3 for Palestine (BT3P) with lawyer Ahmed Abed to challenge the German Bundestag’s anti-Boycott, Divestment and Sanctions (BDS) resolution that condemns the movement as antisemitic. Read our case summary.
On October 7, the Berlin Administrative Court held the first hearing on the complaint. The Court ruled that the fundamental rights of the complainants have not been violated and the Bundestag is allowed to use the controversial IHRA definition as a parameter to assess antisemitism and therefore dismissed the case at this stage. Nevertheless, the Court recognised both its jurisdiction on the case and BT3P’s legal standing to challenge the resolution. Amir Ali, one of the plaintiffs, said in response to this decision: “We will appeal. With this complaint we are opposing the systematic suppression of human rights work for Palestinians in Germany”. Lawyer Abed added: “We see good chances for the next instance.”

DONATE to help the team in their legal proceedings

UK Government Dismisses Attempt by UK Lawyers for Israel to Harm Palestinian Civil Society

In one of its latest attempt to delegitimise Palestinian civil society, UKLFI submitted a complaint to the UK National Contact Point for the OECD Guidelines for Multinational Enterprises (UK NCP) against PricewaterhouseCoopers Palestine Limited (PwC Palestine) for an alleged violation of the OECD Guidelines. In response, the UK NCP concluded that the complaint was unfounded as PwC Palestine “had appropriate policies and procedures in place to obtain reasonable assurance that its clients were upholding appropriate legal, compliance and ethical standards and also conducted reasonable investigations following the allegations by UKLFI.”
Such a decision plays a crucial role in the struggle of global civil society against the phenomenon of shrinking civic space, as it exposes the groundlessness and unreliability of the accusations that lawfare actors such as UKLFI use to interrupt the activities of human rights organisations. Read more here.

Resources & News from Around Europe and Palestine

From Palestine, The Arab Center for Social Media – 7amleh just launched its Palestinian Digital Rights Violations Monitor 7or. If you are a Palestinian activist or a supporter of the Palestinian cause and you have had your social media account suspended or content taken down, faced online hate speech or other digital rights violations, report here and 7amleh will contact social media companies and follow up on your case.

This month, the French Platform of NGOs for Palestine also launched a report on the delegitimisation strategies employed against defenders of Palestinian human rights including attacks and defamation, with a focus on France. The ELSC contributed with some advice.

Other ELSC News

The ELSC is offering new job and traineeship opportunities. We are seeking a Development Officer to lead fundraising and administrative work, including management of human resources and strategic planning. The deadline to apply is 21 November. See the call for applications.

We are also very happy to launch our Movement Lawyering Traineeship that aims to educate the next generation of human rights lawyers and advocates by rooting their legal training, experience and practice in the Palestine solidarity movement. We accept application on a rolling basis for three positions:

Junior Legal Officer: Monitor and Defend

Junior Advocacy Officer

Junior Legal Officer: Empower

We are currently welcoming applications for the positions of Junior Legal Officer: Monitor and Defend starting from 15th of July 2022 and Junior Advocacy Officer starting from May 2022. Read more and apply here.

We are now on Instagram! Follow us on our account elsclegal for updates on our work in promoting the right to advocate, and defending Palestinian rights advocates in Europe!

Tags Call for Application, Defunding, Freedom of Expression

Statement

The Netherlands must speak out against unsubstantiated accusations against six Palestinian organisations

Post author By ELSC
Post date 3 November 2021
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Today, the ELSC joined 31 Dutch organisations to call the Dutch government to condemn the recent allegations against six prominent Palestinian NGOs.

We call on the Dutch government to:

To publicly speak out against the decision of the Israeli government and to condemn it as an unjustified restriction on civil society;
To call on the Israeli government to revoke the decision in question with immediate effect;
To continue its (financial) support to current Palestinian partner organisations and to ensure that Dutch banks and financial institutions do not follow this condemnation;
To publicly express its support for the work of the six affected organisations;
To give priority in its policy towards Israel and the occupied Palestinian territory to the protection of civil society and human rights defenders who stand up for the rights of Palestinians anywhere in the world.

Read the whole statement in English and in Dutch.

Picture: Dutch Minister of Foreign Affairs Ben Knapen. Cc Flickr | Sebastiaan ter Burg

Tags Defunding

Call

The ELSC launches its Movement Lawyering Traineeship

Post author By ELSC
Post date 3 November 2021
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The ELSC launches its Movement Lawyering Traineeship that aims to educate the next generation of human rights lawyers and advocates by rooting their legal training, experience and practice in the Palestine solidarity movement.

As part of the programme you will learn how to use legal mechanisms, advocacy, media and other tools to support grass-roots movements and advance social justice causes. The programme will allow participants to build foundational knowledge and experience for working as a legal practitioner in the human rights law firms and in NGOs.

You will be an active member of the ELSC team, working alongside programme staff to gain practical legal and advocacy experience to support Palestinian rights activists. ELSC movement lawyering trainees have the choice of joining one of our project teams.

The Movement Lawyering Traineeship accepts application on a rolling basis afor three positions:

Junior Legal Officer: Empower

Junior Legal Officer: Monitor and Defend

Junior Advocacy Officer

We are currently welcoming applications for the positions of:
– One Junior Legal Officer: Monitor and Defend starting from 15th of July 2022
– One Junior Advocacy Officer starting from May 2022
– One Junior Advocacy Officer starting from November 2022
– One Junior Legal Officer: Monitor and Defend starting from January 2023

Shortlisted candidates will be invited to an initial interview where they will be requested to complete a short assignment. Trainees under this programme with receive a monthly stipend of €1100 and will be invited join the ELSC team in Amsterdam.

We invite young lawyers and legal activists who want to join our efforts to further progressive human rights work to apply for the programme. Further details on candidate requirements are listed in the individual job descriptions at the link above.

We further welcome applications from students seeking to pursue the programme as part of their studies in accordance with the Erasmus+ and Erasmus Trainee programmes. If you would like more information on how to complete this programme alongside an Erasmus scheme, please contact us at application@elsc.support.

Do you want to join the movement lawyering traineeship?
Send your CV and cover letter (max 250 words) to application@elsc.support. In your cover letter, please explain:
1. Why you are interested in a particular position of the programme and the ELSC’s mission
2. Your ideal starting and finishing date.

Minimum duration of the traineeship should be 6 months. We review applications on rolling bases.

Tags Call for Application

Release Restrictive Policies

Joint Letter: The International Community Must Support and Protect Palestinian Civil Society

Post author By ELSC
Post date 29 October 2021
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The ELSC joined 241 organisations to express solidarity with Palestinian civil society and human rights defenders after the latest attempt from the Israeli government to silence them. We collectively urge the international community to take all necessary measures to protect them.

As a group of 235 regional and international organizations, we express our full solidarity with Palestinian civil society and human rights defenders as Israel continues to escalate its attacks to shut down critical human rights work and silence opposition to its occupation of Palestinian territory and apartheid over the Palestinian people as a whole. We urge the international community to take all necessary action to support and protect Palestinian civil society and human rights defenders and ensure the continuation of their invaluable work.

On 19 October 2021, Israeli Defense Minister Benny Gantz designated six leading Palestinian civil society organizations as terrorist organizations, including Addameer Prisoner Support and Human Rights Association, Al-Haq Law in the Service of Man (Al-Haq), Bisan Center for Research and Development, Defense for Children International-Palestine (DCI-P), the Union of Agricultural Work Committees (UAWC), and the Union of Palestinian Women’s Committees (UPWC).

The Israeli government has continued to intensify its attacks on independent Palestinian human rights organizations and their staff, who regularly face smear campaigns, spurious accusations of links to terrorism as well as threats and intimidation, travel bans and movement restrictions, and arrest for their work. Independent Israeli and international organizations have also been targeted by Israel for their work documenting and advocating against Israel’s human rights violations. Israel’s actions clearly follow the pattern set by authoritarian states in the Middle East and North Africa (MENA) region and around the world.

This unprecedented designation is merely the latest escalation in Israel’s widespread and systematic institutionalized campaign that has aimed to silence and discredit any Palestinian individual or organization that dares seek accountability for Israel’s grave human rights violations, war crimes, and crimes against humanity. The “persecution of organizations and persons, by depriving them of fundamental rights and freedoms, because they oppose apartheid” is one of the methods used by Israel to maintain its domination and oppression over the Palestinian people.

On 18 October 2021, the Israeli Interior Minister announced the official revocation of the Jerusalem residency status of Palestinian-French human rights defender and lawyer Salah Hammouri based on “breach of allegiance” to the State of Israel, opening the way for more widespread use of residency revocation on this basis, putting thousands of Palestinians in Jerusalem at risk of arbitrary and punitive measures leading to their forcible transfer.

UN experts condemned the designations of the six NGOs as terrorist organizations “a frontal attack on the Palestinian human rights movement, and on human rights everywhere” and called upon the international community to “defend the defenders.” The UN High Commissioner for Human Rights called on Israel to revoke the designations, affirming that “claiming rights before a UN or other international body is not an act of terrorism, advocating for the rights of women in the occupied Palestinian territory is not terrorism, and providing legal aid to detained Palestinians is not terrorism”. The designation has also been condemned by other international actors, including members of the US House of Representatives, European Parliamentarians as well as international civil society.

The designation presents a challenge to the international community, especially democratic states that speak out and support independent human rights organizations and defenders in other parts of the world. Remaining silent is insufficient given the urgent support and protection needs of the six organizations that are now at an additional risk of raids, confiscation of property and materials, closure of bank accounts, arrest of staff members, and closure of their offices. Israel’s attacks against these organizations pose an existential threat to independent Palestinian human rights organizations and civil society who work to monitor and document violations of human rights and provide basic services to the Palestinian people.

We call upon the international community to publicly condemn and reject Israel’s designation of Palestinian human rights and civil society organizations as “terrorist organizations” as an internationally wrongful act, to call for Israel to immediately rescind the designation, and to demand Israel repeal its Anti-Terrorism Law (2016) as it does not meet basic human rights standards and to end all other actions that deny Palestinians their inalienable human rights. We also urge members of the international community to publicly show support for the six organizations and Palestinian civil society at large.

Further, the international community, especially the European Union and its member states who are key supporters of and donors to Palestinian civil society, should ensure that banks and financial institutions in their jurisdiction are notified Israel’s designation of Palestinian organizations is unfounded and inapplicable.

Signatories:

11.11.11
Abna Al-Quds Club
Action for Change and Democracy in Algeria
AFKAR for Educational & Cultural Development
Agir pour le Changement et la Démocratie en Algérie (ACDA)
Al Ataa Charitable Society
Albanian Human Rights Group
Al Dameer Association for Human Rights
Al-Haq, Law in the Service of Man
Al Karmel Culture and Social Development Association
Al-Marsad Arab Human Rights Center in Golan Heights
Al Mezan Center for Human Rights
Altawasol Forum Society
Aman Organization Against Discrimination
ANSWER Coalition
Applied Research Institute-Jerusalem
Arab Canadian Lawyers Association
Arab Center for Agricultural Development
Artists for Palestine UK
Asha Parivar
Asian Forum for Human Rights and Development (FORUM-ASIA)
Asociación Paz con Dignidad
Association Africaine de Défense droit de l’Homme (ASADHO)
Association Belgo-Palestinienne WB
Association des Magistrats Tunisiens
Association des Universitaires pour le Respect du Droit International en Palestine (AURDIP)
Association France Palestine Solidarité (AFPS)
Association Internationale de Soutien aux Prisonniers Politiques
Association Nachaz
Association pour le Droit à la Différence (ADD)
Association Tunisienne des Femmes Démocrates
Association Tunisienne de Soutien des Minorités
Atfaluna Society for Deaf Children
Australia Palestine Advocacy Network
Australian Centre for International Justice
Bait Lahia Youth Association Center
BankTrack – Netherlands
Basma Society for Culture and Arts
Basmeh & Zeitooneh
Baytna
Beity
Belady Foundation for Human Rights
BDS País Valencià
Broederlijk Delen
Bytes For All
Cairo Institute for Human Rights Studies (CIHRS)
Canada Palestine Association
Canadian BDS Coalition
Canadians for Peace and Justice in Kashmir
Canadians for Justice and Peace in the Middle East (CJPME)
Canada Palestine Friendship Society
Carleton University Students for Justice in Palestine
Catholics for Justice and Peace in the Holy Land
Center for Civil Liberties
Center for Constitutional Rights
Center for Defense of Liberties & Civil Rights (Hurryyat)
Center for Economic and Social Rights (CESR)
Centre for Research on Multinational Corporations (SOMO)
Central Blood Bank Society
Coalition of African Lesbians
Committee on the Administration of Justice (Northern Ireland)
Community Empowerment and Social Justice Network (CEMSOJ)
Community Media Center
Conectas Direitos Humanos
Confederación Intersindical Galega (CIG)
Congregations of St. Joseph
Citizen News Service (CNS)
Citoyenneté, Développement, Cultures et migrations des deux Rives
CIVICUS: World Alliance for Citizen Participation
CNCD-11.11.11
Collectif des Familles de Disparus en Algérie (CFDA)
Cooperazione Internazionale Sud Sud (CISS)
Cultura è libertà una campagna per la Palestina
De-Colonizer
Defence for Children International – Italy
DefendDefenders (East and Horn of Africa Human Rights Defenders Project)
Defender Center for Human Rights
Democracy for the Arab World Now (DAWN)
docP – BDS Netherlands
Dominican Sisters of Blauvelt, NY
Dr. Haider Abdel Shafi Center for Culture & Development
Edmonton Run for Palestine
European Coordination of Committees and Associations for Palestine (ECCP)
European Legal Support Center (ELSC)
European Trade Union Network For Justice in Palestine (ETUN)
Fares Arab Foundation for Development
FIAN International
Finnish-Arab Friendship Society
Free Gaza Australia
Fundación Mundubat
Gaza Action Ireland
General and Autonomous Confederation of Workers in Algeria (CGATA)
General Confederation of the Portuguese Workers (CGTP-IN)
Gibanje za pravice Palestincev
Global Centre for the Responsibility to Protect
Grassroots AlQuds
Groupe LOTUS
Grup de Suport a Juani Rishmawi
Gruppo Ibriq per la cultura e la causa Palestinese
Hassan El Saadawi Association for Democracy and Equality
Human Rights and Democracy Center (SHAMS)
Human Rights Commission of Pakistan
International Accountability Project
International Association for the Support of Political Prisoners
International Commission of Jurists (ICJ)
International Commission to Support Palestinian Rights
International Service for Human Rights (ISHR)
International Women’s Rights Action Watch Asia Pacific (IWRAW AP)
Ireland-Palestine Solidarity Campaign
Irish Congress of Trade Unions (ICTU)
Israeli Committee Against House Demolitions (ICAHD)
Israeli Committee Against House Demolitions (ICAHD) – Finland
Israeli Committee Against House Demolitions (ICAHD) – Germany
Israeli Committee Against House Demolitions UK
Jabalia Rehabilitation Society
Joussour De Citoyenneté
Jurists without Chains
Justice for Iran
Justitia Center for Legal Protection of Human Rights in Algeria
Kairos Ireland
Kairos Sabeel Netherlands
Kenya Human Rights Commission
Land Research Center
Leadership Team of the Dominican Sisters and Associates of Racine, WI
League for the Defence of Human Rights in Iran (LDDHI)
Lebanese Center for Human Rights
Libya Al-Mostakbal
Libyan Center for Freedom of the Press
Libyan Network for Legal Aid
Libyan Women’s Platform for Peace
Ligue Algérienne de Défense des Droits de L’homme
Ligue des droits de l’Homme
Ligue Suisse des Droits de l’Homme – Genève
MA’AN Development Center
MADRE – USA
Maine Voices for Palestinian Rights
Makan
MakeShiftPublishing BV
Manushya Foundation
Maryknoll Office for Global Concerns
MENA Rights Group
Mwatana for Human Rights
Nā Pua Kūʻē – Hawaiʻi Dissenters
National Autonomous Union of Public Administration Staff (SNAPAP)
National Fisheries Solidarity
National Syndicate of Tunisian Journalists (SNJT)
Netherlands Palestine Committee
Niagara Movement for Justice in Palestine-Israel (NMJPI)
NOVACT
New Weapons Research Group onlus
Oakville Palestinian Rights Association
Odhikar
One Justice
Organisation 23_10 d’Appui au Processus de Transition Démocratique
Österreichische Liga für Menschenrechte
Our Revolution Northern Virginia (ORNOVA)
Palestina Solidariteit vzw
Palästina Spricht
Palestinakomiteen i Larvik-Sandefjord
Palestine Solidarity Alliance of South Africa
Palestine Solidarity Campaign – Britain (England, Wales, and Scotland)
Palestine Solidarity Campaign – Gauteng (Johannesburg)
Palestine Solidarity Campaign – Cape Town
Palestinian Solidarity Group at Mount Holyoke College
Palestinian Academic Society for the Study of International Affairs (PASSIA)
Palestinian Assembly for Liberation
Palestinian Children in Israeli Military Prisons (PIM)
Palestinian Counseling Center
Palestinian Youth Movement
Pax Christi Flanders
Pax Christi USA
PeaceWomen Across the Globe
Plan International – Jordan
Platform of French NGOs for Palestine
Portuguese League for Human Rights – Civitas
Princeton Committee on Palestine
Project48
Rachel Corrie Foundation for Peace and Justice
Racial Literacy Groups
Réseau International des Droits Humains (RIDH)
Rumbo a Gaza
Salaam Ragazzi dell’Olivo, Comitato di Trieste
Samidoun Palestinian Prisoner Solidarity Network
Sareyyet Ramallah
Sexual Rights Intiative
Sheffield Labour Friends of Palestine
Sinistra Italiana
Socialist Party (India)
SOLSOC
South African BDS Coalition
South African Jews for a Free Palestine (SAJFP)
SumOfUs
Syrian Center for Media and Freedom of Expression (SCM)
Syrians for Truth and Justice (STJ)
Syrian Justice and Accountability Center (SJAC)
The Community Action Center at Al-Quds University
The Cultural Forum Center
The Culture and Free Thought Association
The National Society for Democracy and Law
The Palestine Committee of Norway
The Palestine Project
The Palestinian Developmental Women Studies Association (PDWSA)
The Palestinian Human Rights Organization (PHRO)
The Rights Forum
The Society of Women Graduates
Toronto Palestine Film Festival
Trade Union Friends of Palestine
Transnational Institute
Trócaire
Tunisian Association of Defending Individual Liberties (ADLI)
Tunisian Association of the Democratic Women (ATFD)
Tunisian Youth Movement in Germany
UK-Palestine Mental Health Network
Union Aid Abroad APHEDA
Union Juive Française pour la Paix (UJFP)
Union Syndicale Solidaires
United Network for Justice and Peace in Palestine – Israel
Urgent Action Fund for Women’s Human Rights
USA Palestine Mental Health Network
Visualizing Palestine
Viva Salud
WESPAC Foundation, Inc.
Women Against Violence
Women in Black Vienna
Women Now For Development
Women’s Centre for Legal Aid and Counselling (WCLAC)
Women’s International League for Peace and Freedom (WILPF)
Women’s Studies Centre
Youth Development Association (YDA)
Youth for Tawergha
Zochrot
Committee for the Respect of Liberties and Human Rights in Tunisia
Just Peace Advocates
Business and Human Rights Resource Center (BHRRC)
Egyptian Front for Human Rights
Palestine Link
Riposte International
Belgian Campaign for an Academic and Cultural Boycott of Israel
We Network
Fagforbundet
Associació Hèlia
EuroMed Rights

Read the letter in Arabic

Tags Defunding, Lawfare

Restrictive Policies Statement

The ELSC calls on the EU to oppose Israel’s latest attempt to suppress Palestinian Civil Society

Post author By ELSC
Post date 28 October 2021
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On 22 October 2021, the Israeli Defence Minister Benny Gantz announced the official designation of six prominent Palestinian human rights and civil society organisations (CSOs) as “terrorist” organisations. This decision is the most recent development of a longstanding strategy by Israeli authorities and disinformation groups such as NGO Monitor to repress Palestinian civil society through criminalisation and delegitimisation. This phenomenon has been widely acknowledged and denounced by national European governments, including in the Netherlands, Denmark and Belgium and the United Nations.

This is not the first time that the Israeli government and its allies have disseminated unfounded allegations to pressure European States and institutions in order to disrupt their financial support to Palestinian organisations. Nevertheless, these inflammatory accusations have already been rejected as unsubstantiated by the EU (in 2018 and 2021) and Member States, including Belgium and Sweden.

It is worth noting that, none of the Palestinian CSO’s or their staff members have been included in the EU’s list of proscribed organisations. In order to be added to this list, the Council of the European Union is required to designate the CSOs in the light of a decision taken by a competent authority which must be based on ‘serious and credible evidence’. The Court of Justice of the European Union has stated that, in order to rely on a decision of a third State, such as Israel, to designate CSO’s as proscribed organisations, the Council must carefully verify that the relevant legislation of that State ‘ensures in practice a protection of the rights of defence’ equivalent to that guaranteed at EU level by the EU Charter of Fundamental Rights and the European Convention on Human Rights.

This is certainly not the case as the 2016 Israeli counter-terrorism law poses serious human rights concerns. As explained by Professors E. Lieblich and A. Shinar, and clarified by the human rights organisation Adalah, the legislation in question allows entities to be included on the list of terrorist organisations without any right to a hearing or to submit defensive evidence beforehand. The designation is based on classified evidence that the listed organisations are not authorised to access, not even when opposing the decision before the Minister of Defence or the Supreme Court, thus erasing any guarantee of a fair trial.

We therefore firmly condemn the allegations by the Israeli Minister of Defence and call on the European Union and its Member States to reject the designation, to publicly oppose the suppression of Palestinian civil society, and to continue their financial support to their Palestinian partners.

See the reactions to the Israeli decision from the EU, Member States, international organisations and institutions.

Tags Defunding

Call Job

Call for Applications: Development Officer

Post author By ELSC
Post date 21 October 2021
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We are seeking a Development Officer to lead fundraising and administrative work, including management of human resources and strategic planning.

The Development Officer will have two main roles at the ELSC. On the one hand, s/he leads organizational and program administration, drafting organisational strategy and budget, and ensuring the successful recruitment and management of human resources. On the other hand, s/he leads and develops fundraising efforts, including maintaining relationships with existing donors, researching and drafting grant proposals whilst continually expanding the ELSC’s network of individual and institutional donors.

To apply for this position, send your CV, a short motivation (max 300 words) detailing why you are interested in this role and the ELSC’s work, and the names and contact of two references, to application@elsc.support with the subject line “ELSC Development Officer Application” by Sunday 21 November.

To read the full job description, please click here

Tags Hire

Case Update

German Court dismisses the complaint against the Bundestag’s anti-BDS resolution. The plaintiffs announce: “We will appeal!”

Post author By ELSC
Post date 14 October 2021
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On October 7, 2021, the Administrative Court of Berlin held the first hearing on the complaint filed in 2020 by the Palestinian-Jewish-German initiative Bundestag 3 for Palestine (BT3P) that aimed at challenging the anti-Boycott, Divestment and Sanctions resolution adopted by the Bundestag in 2019.

Since 2020, the ELSC has been supporting the BT3P team and lawyer Ahmed Abed to challenge the resolution that falsely condemns the movement as antisemitic and severely impacted Palestinian rights advocacy resulting in smears and denial of public space whilst infringing on the fundamental right to freedom of expression. Read more in our case summary here.

Also see the summary of the statement of claim in the proceedings before the Administrative Court of Berlin.

During the hearing, BT3P clarified that their efforts to guarantee equal rights for all people in Palestine and Israel cannot be regarded as antisemitic. Conversely, the Bundestag’s legal representatives questioned the BT3P’s legal standing to challenge the resolution, as the latter does not directly mention the plaintiffs. Moreover, the Bundestag’s legal team challenged the jurisdiction of the Court on the complaint and pointed out that the legal issues at stake should be addressed to the Federal Constitutional Court.

The Court did not agree with these preliminary remarks made by the Bundestag and recognised both its jurisdiction on the case and BT3P’s legal standing to challenge the resolution. On the merits, the three judges ruled that the fundamental rights of the complainants have not been violated and the Bundestag is allowed to use the controversial IHRA-WDA as a parameter to assess antisemitism.

The hearing was followed by a press conference in which Associate Professor of International Law John Reynolds, who was instructed by the ELSC to write a legal opinion on the motion along with three other renowned scholars of international law^[1], underlined that the Bundestag anti-BDS resolution is incompatible with international and European human rights standards, including the right to freedom of expression. Palestine Solidarity Campaign UK’s director Ben Jamal, and Bertrand Heilbronn, president of the AFPS (Association France Palestine Solidarité) also contributed, expressing solidarity and sharing their experience of anti-BDS policies and legislation in France and the UK.

Amir Ali, one of the plaintiffs, stated the following: “We will appeal. With this complaint we are opposing the systematic suppression of human rights work for Palestinians in Germany ”. The legal representative of the BT3P initiative, lawyer Ahmed Abed, pointed out that it is already a success that the Court has rejected the Bundestag’s attempt to exclude the plaintiffs’ right to challenge the Bundestag’s resolution and added: “We see good chances for the next instance”.

See the BT3P website and support them here.

Watch the press conference (in German) – See in English John Reynolds’ and Ben Jamal’s interventions from min 14:40 to 22:30 and Bertrand Heilbronn’s intervention from 48:00 to 52:00.

© picture: Mathilde Babo

References[+]References[−]

References
↑1	Eric David, Emeritus Professor of International Law at Université Libre de Bruxelles, Xavier Dupre De Boulois, Professor of Law of Fundamental Rights and Freedoms at Université Paris 1 Panthéon-Sorbonne and Richard Falk, Emeritus Professor of International Law, Princeton University and Chair of Global Law, Faculty of Law, Queen Mary University London

Tags BDS, Freedom of Expression, IHRA

Press Release

Report reveals a pattern of attempts at silencing Palestinian rights advocates in the Netherlands

Post author By ELSC
Post date 12 October 2021
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Nederlandse versie

Today, the European Legal Support Center (ELSC), an organisation that monitors incidents of repression against Palestinian rights advocates in Europe and provides them with legal support, published a report on chilling Palestinian rights advocacy in the Netherlands. The report, which is the first of its kind ever published, highlights the many attempts to stifle activism, human rights work, artistic activities or simple political expression on Israel and the Palestinian people.

The report highlights how, as the public awareness and criticism of illegal Israeli policies directed against the Palestinian people grew in the 21^st century, the Israeli government launched a global campaign to silence voices critical of its policy. With the help of supporters in think tanks, advocacy groups, political allies and some media, the efforts to stifle domestic critique of Israeli policies and advocacy for Palestinian rights intensified and took the form of tactics that follow similar patterns, as shown in the report.

Research in the report is based on 76 incidents of attacks on Palestinian rights advocacy that happened between 2015 and 2020 in the Netherlands, primarily targeting individuals – including activists, NGO staff, journalists, professors, politicians – and civil society organisations. Examples of cases in the report show (attempted) defunding, denial of space, restriction of academic freedom, threats with violence or cyberattacks, threats with lawsuits, and smear campaigns that baselessly conflate legitimate criticism of policies and solidarity initiatives with antisemitism or support to terrorism. These attacks have had immediate impacts on the targeted people’s reputation, mental health and resources, but also longer term effects such as intimidation and self-censorship.

Despite the broad civic space provided by the institutions in the Netherlands, and even though the attacks often don’t succeed, the report exposes a genuine chilling effect and an environment in which Palestinian rights advocates can be attacked for exercising their fundamental rights. Among the perpetrators are well identified actors such as Israel-advocacy groups, specific media outlets and right-wing and Christian political parties, but also centrist parties or mainstream media that plays an important role in enabling and amplifying the disinformation and/or attacks of the primary actors, as stated in the report.

“Compared to other countries in Europe such as Germany or the UK, the Netherlands has a relatively favourable environment for advocating for Palestinian rights and upholding freedom of expression. But many of the attacks and incidents against human rights defenders that we have been monitoring could be avoided if the government was opposing harder the smear campaigns and pressure from Israel-advocacy groups.” said Giovanni Fassina, the Programme Director of the ELSC.

The report calls on the Dutch government and other public institutions such as universities or city councils to comply more proactively with their positive obligation to protect civic space. Members of Parliament and civil society have a particular duty and leverage towards the government in that regard, and media, donors and financial services providers also bear their own responsibilities in the observed shrinking space for open and democratic debate.

Read the report – Dutch version / See an infographic of the main findings – Dutch version

The European Legal Support Center was established in 2019 in Amsterdam as the first organisation to defend and empower the Palestine solidarity movement in Europe, including the UK, through legal means. The ELSC provides free legal advice and assistance to associations, NGOs, groups and individuals advocating for Palestinian rights in Europe. Press contact: Alice Garcia, alice@elsc.support.

Tags Freedom of Expression

Release Restrictive Policies

UK government dismisses latest attempt by UK Lawyers for Israel to harm Palestinian civil society

Post author By ELSC
Post date 11 October 2021
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For many years now, politically-motivated actors have used legal fora to inflict damage on civil society organisations supporting Palestinian rights, by attempting to silence them and delegitimise their work. These attacks, generally referred to as “lawfare”, are mostly conducted by disinformation groups supporting Israel’s occupation and apartheid regime, such as: NGO Monitor, Regavim, Shurat HaDin, International Legal Forum, Lawfare Project, and UK Lawyers For Israel (UKLFI).

UKLFI in particular is a legal advocacy and campaigning organisation based in the UK that has been attempting to smear and disrupt the work of Palestinian human rights groups and their partners for years. While its disinformation campaigns have taken a toll on civil society, its attempts to get official bodies to accept its defamatory claims have been largely unsuccessful; its allegations have been found to be groundless on numerous occasions. Just between 2017 and 2019 UKLFI submitted several complaints to the government charities’ regulator in the UK against at least 3 charities, all of which were rejected. Moreover, on 9 March 2020, UKLFI was required to issue a public apology after being sued in a defamation case (which was settled) for having accused DCI – Palestine of providing financial and material support to proscribed organisations.

In one of its latest attempt to delegitimise Palestinian civil society, UKLFI submitted a complaint to the UK National Contact Point for the OECD Guidelines for Multinational Enterprises (UK NCP) against PricewaterhouseCoopers Palestine Limited (PwC Palestine) for an alleged violation of the OECD Guidelines (the Guidelines). In this case, the lawfare organisation claimed that PwC Palestine breached the Guidelines by providing its audit service to two Palestinian NGOs, Union of Agricultural Work Committees (UAWC), a leading agricultural development organisation which has been attacked for supporting Palestinian farmers in Area C of the West Bank, which Israel has targeted for continued settlement expansion, and DCI-P (once again). The complainant raised inflammatory allegations arguing that the latter Palestinian organisations had links with a proscribed organisation in the UK and that PwC Palestine had failed to expose such links.

In its response, PwC Palestine explained that it undertook thorough client acceptance checks as well as periodic continuance checks to comply with legal, regulatory and ethical obligations imposed by the Guidelines. Moreover, the respondent argued that “UKLFI’s allegations of links between PFLP and the 2 NGO charities are not well supported or evidenced.” On 24 September 2021 the UK NCP issued the final decision, concluding that the complaint was unfounded as PwC Palestine “had appropriate policies and procedures in place to obtain reasonable assurance that its clients were upholding appropriate legal, compliance and ethical standards and also conducted reasonable investigations following the allegations by UKLFI.”

Such a decision plays a crucial role in the struggle of global civil society against the phenomenon of shrinking civic space, as it exposes the groundlessness and unreliability of the accusations that lawfare actors such as UKLFI use to interrupt the activities of human rights organisations. A recent report from Charity & Security Network, a US-based organisation that protects the ability of nonprofits to carry out peacebuilding, humanitarian, and human rights missions, delves into the harm caused by these lawfare actors and offers policy recommendations for governments, donors, and civil society groups.

Tags Defunding, Lawfare

Newsletter

ELSC Newsletter: September

Post author By ELSC
Post date 8 October 2021
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Dear friend,

This month we share with you updates on our work protecting students and Palestinian advocates in the UK, a new report on European financial support for companies involved in the Israeli settlement enterprise, exciting news on the BT3P case challenging the German Bundestag, an important step challenging EU trade with occupied territories and a victory for academic freedom for an international legal scholar.

Challenging Repression in the UK

In our last newsletter, we updated you on the increasing requests for legal support coming from UK-based Palestinian rights advocates. We are proud now to announce that we have successfully won 22 cases that concerned students and academics at a UK university who were subject to internal disciplinary proceedings and smear campaigns for speaking up for Palestine. Most of the complaints were based on unfounded allegations of antisemitism through the use of the IHRA Working Definition of Antisemitism and all of the complaints were dismissed. British media gal-dem covered one of the cases we supported in this article.

In addition to our support on UK campuses, last month, ELSC Director Giovanni Fassina participated in the Palestine Solidarity Campaign’s webinar “Resisting the IHRA Definition” and spoke about our work in the UK and challenging the IHRA Definition from a legal point of view. Watch the webinar again here.

If you know anyone who has faced repression for Palestinian rights advocacy whether at university, work, or during a protest in a public space or online, make sure to fill out our incident report form. This information enables us to track how Palestinian advocacy is attacked and silenced, helping us to better defend activists in times of need and push back against shrinking civic space.

New Report on European Financial Support to Companies in Illegal Israeli Settlements

The ELSC joined the “Don’t Buy into Occupation” (DBIO) coalition which is a joint project between 25 Palestinian, regional and European organisations that aim to investigate and highlight the financial relationships between business enterprises involved in the illegal Israeli settlement enterprise in the Occupied Palestinian Territory and European Financial Institutions (FIs).

The coalition just released a report exposing that 672 European financial institutions have financial relationships with 50 businesses that are actively involved with illegal Israeli settlements. These financial institutions provided US$ 114 billion in the form of loans and underwritings and held investments to the amount of US$ 141 billion in shares and bonds of these companies.

The initiative will advocate and campaign for these businesses and institutions to take up their responsibilities in disengaging from illegal settlements. See the campaign website here.

BT3P vs. the Anti-BDS Motion of the German Bundestag: A First Court Hearing

On October 7, for the first time, the Berlin Administrative Court will hold a hearing on the case. The BT3P team is calling all interested parties to rally in front of the building of the Berlin Administrative Court (Kirchstrasse 7 in Berlin) at 11am on the day of the hearing.

You can also join the press conference that will follow the hearing online.

Initiative to Stop EU Trade with Occupied Territories Registered

On 8 September, the European Commission registered a European Citizen Initiative (ECI) which calls to stop EU trade with illegal settlements in occupied territories such as Palestine and Western Sahara. The Commission was previously found to have acted unlawfully when it refused to register the initiative in 2019.

By registering the ECI, the Commission recognised that ending trade with illegal settlements is not a sanction but a trade measure, and that it is therefore able to legislate on this issue. The seven citizens, including ELSC Director, Giovanni Fassina, and ELSC Steering Committee member, Tom Moerenhout, will now be able to launch the ECI that will take the form of a petition to push the Commission to stop trade with settlements. 1 million signatures will be needed to achieve that goal. We look forward to keeping you updated on this campaign.

A Victory for Academic Freedom for an International Legal Scholar

The University of Toronto (UoT) finally re-offered a position to Dr. Valentina Azarova, international legal academic and practitioner who is also part of the ELSC Advisory Board, to lead the school’s International Human Rights Programme. In September 2020, Dr. Azarova was abruptly removed from the hiring process following ‘concerns’ on her academic work on human rights in Israel and Palestine.

UoT has faced widespread criticism for it actions to withdraw the offer and was subsequently censured by the Canadian Association of University Teachers (CAUT) for the decision. Earlier this month, more details on the scandal emerged when emails were released on Twitter giving a rare insight into the backdoor censorship of Palestinian rights advocates which showed Gerald Steinberg, Director of Israeli lobby group NGO Monitor, threatening UoT if they continued the hiring process

Although the offer was re-instated, Dr. Azarova has since declined the appointment. Commenting on her decision, Dr. Azarova said “in light of events over the past year, I realized that my leadership of the program would remain subject to attack by those who habitually conflate legal analyses of the Israeli-Palestinian context with hostile partisanship. I also understood that the university would not be in a position to remove these hazards”.

Dr. Azarova further added she is “sincerely grateful” for the support of the academics, students and communities who expressed their concern and is inspired by their commitment.

Read the press release on this victory here

Resources and News from Around Europe and Palestine

The Charity and Security Network released a new report sounding the alarm on politically motivated efforts to suppress civil society groups working in Palestine and Israel and those working to defend Palestinian human rights. Read the report here.

Find many useful resources to resist the IHRA definition on the new ‘No to the IHRA definition’ website made by the Palestine Solidarity Campaign, the British Committee for Universities of Palestine and Jews for Justice for Palestinians.

In The Netherlands, the Dutch Ombudsman for public broadcasters affirmed that allegations of antisemitism made by media outlet PowNed against civil servant Tofik Dibi were unfounded.

The case related to a news item published in May 2021 by PowNed in which a reporter labelled two tweets by Dibi as antisemitic. The Ombudsman found that such a statement must be based on facts, common language and correct definitions and accordingly, PowNed did not substantiate their statement with solid facts. Read more here.

Tags BDS

Case Update Event

Berlin Administrative Court holds hearing for lawsuit of BT3P against German Bundestag

Post author By ELSC
Post date 30 September 2021
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Since 2020, the ELSC has been supporting the BT3P team with lawyer Ahmed Abed to challenge the German Bundestag’s anti-Boycott, Divestment and Sanctions (BDS) resolution that condemns the movement as antisemitic. Next week, the Berlin Administrative Court will hold a hearing on the case.

The Palestinian-Jewish-German initiative Bundestag 3 for Palestine (BT3P) filed their lawsuit against the Bundestag’s in May 2020. Their goal is to nullify the anti-BDS resolution which was adopted in May 2019. The resolution has had a significant chilling effect on Palestinian rights advocacy resulting in smears and denial of public space whilst infringing on the fundamental right to freedom of expression. Read more in our case summary here.

On October 7, 2021 at 12pm, the Berlin Administrative Court will hold a hearing on the case where the parties to submit their oral arguments.

The BT3P team is calling all interested parties to rally in front of the building of the Berlin Administrative Court on October 7, 2021 at 11am (Kirchstrasse 7 in Berlin).

A press conference will take place after the hearing at 4pm with the BT3P team and their lawyer Ahmed Abed, and international partners including Ben Jamal, Director of the UK Palestine Campaign Solidarity, Bertrand Heilbronn, President of AFPS (France Palestine Solidarity Association), Professor John Reynolds, expert on International Law (National University of Galway, Ireland).

You can register here:

to join us and be present at the rally and/or at the press conference in Berlin
or to join the press conference online

Tags BDS, Freedom of Expression

Release

New report exposes billions in European financial support to companies in illegal Israeli settlements

Post author By ELSC
Post date 29 September 2021
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672 European financial institutions have financial relationships with 50 businesses that are actively involved with illegal Israeli settlements. These financial institutions provided US$ 114 billion in the form of loans and underwritings and held investments to the amount of US$ 141 billion in shares and bonds of these companies. This is the key finding of a new research report published today by a cross-regional coalition of Palestinian and European NGOs, which looked at financial flows between January 2018 and May 2021.

The “Don’t Buy into Occupation” (DBIO) coalition is a joint project between 25 Palestinian, regional and European organisations based in Belgium, France, Ireland, the Netherlands, Norway, Spain and the United Kingdom (UK). The coalition investigates the financial relationships between businesses involved in the illegal Israeli settlement enterprise in the Occupied Palestinian Territory (OPT) and European Financial Institutions (FIs).*

Providing economic oxygen

Israeli settlements are illegal under international law and constitute acts which incur individual criminal liability as war crimes and crimes against humanity under the Rome Statute of the International Criminal Court (ICC). Yet European financial institutions continue to invest billions into companies that are actively involved with the Israeli settlement enterprise.

Research by the DBIO coalition shows that between 2018 and May 2021, 672 European financial institutions, including banks, asset managers, insurance companies, and pension funds, had financial relationships with 50 businesses that are actively involved with Israeli settlements.** US$ 114 billion was provided in the form of loans and underwritings. As of May 2021, European investors also held US$ 141 billion in shares and bonds of these companies.

These businesses and financial institutions play a critical role in facilitating the economic viability growth of the Israeli settlement enterprise. As the UN Special Rapporteur on the situation of human rights in the Palestinian Territory occupied since 1967, Michael Lynk, writes in a foreword to the DBIO report: “The involvement of these corporations with the settlements – through investments, banking loans, resource extraction, infrastructure contracts and equipment and product supply agreements – provides them with the indispensable economic oxygen they require to grow and thrive.”

Corporate responsibility

These businesses, creditors and investors have a responsibility to ensure that they are not involved in violations of international law and are not complicit in international crimes, and to address any adverse human rights impacts arising from their business activities and financial relationships.

Companies are expected to have a rapid response and to consider responsible disengagement. International financial institutions, including banks and pension funds, have a responsibility to use their leverage to ensure their investee companies act responsibly and in line with international law standards, and to divest from those who are unable or unwilling to do so.

Recently, several financial institutions and companies have taken up their responsibility by divesting from business enterprises linked to Israeli settlements. The two most recent and important examples are those of Kommunal Landspensjonskasse (KLP) and the Norwegian Government Pension Fund Global (GPFG). KLP is Norway’s largest pensions company, who in July 2021, divested from 16 companies linked to Israel’s settlement enterprise. In a similar vein, GPFG announced in September 2021 that it will exclude three companies that are actively involved with Israeli settlements. The 19 companies excluded by KLP and GPFG were listed in the UN database of businesses involved in certain activities relating to Israeli settlements in the OPT, mandated by the Human Rights Council in 2016, and published in February 2020.

“Despite the illegal nature of Israeli settlements under international law, European financial institutions continue to throw a financial lifeline to companies operating in the settlements. European financial institutions should take up their responsibility and follow the example of KLP and GPFG. They should end all investments and financial flows into Israeli settlements, and not buy into the Israeli occupation”, concludes Willem Staes, coordinator of the DBIO coalition.

The full report can be found here: https://dontbuyintooccupation.org

The executive summary is available in:

The ELSC is part of the coalition along with the following organisations:

DBIO member organisations are : 11.11.11- Koepel van de Internationale Solidariteit; Al-Haq; Association France Palestine Solidarité (AFPS); Banktrack; Cairo Institute for Human Rights Studies (CIHRS); Centrale nationale des employés (CNE); Centre National de Coopération au Développement (CNCD-11.11.11); European Coordination of Committees and Associations for Palestine (ECCP); European Legal Support Center (ELSC); European Trade Union Network for Justice in Palestine (ETUN); Fagforbundet- Norwegian Union of Municipal and General Employees; Fairfin; Handel og Kontor i Norge (HK Norway); Intersindical Alternativa de Catalunya (IAC); Intal; International Federation for Human Rights (FIDH); Landsorganisasjonen i Norge (LO Norway); Norwegian People’s Aid (NPA); NOVACT – Institut Internacional per l’Acció Noviolenta; Palestinian Institute for Public Diplomacy (PIPD); Palestine Solidarity Campaign; PAX; SUDS; The Rights Forum; and Trócaire.

** The 50 companies for which this research found financial relationships with European financial institutions, are: ACS Group, Airbnb, Alstom, Altice Europe, Ashtrom Group, Atlas Copco, Bank Hapoalim, Bank Leumi, Bezeq Group, Booking Holdings, Construcciones y Auxiliar de Ferrocarriles (CAF), Caterpillar, Cellcom Israel, Cemex, CETCO Mineral Technology Group, Cisco Systems, CNH Industrial, Delek Group, Delta Galil Industries, DXC Technology, eDreams ODIGEO, Elbit Systems, Electra Group, Energix Renewable Energies, Expedia Group, First International Bank of Israel (FIBI), General Mills, HeidelbergCement, Hewlett Packard Enterprise (HPE), Israel Discount Bank, Magal Security Systems, MAN Group, Manitou Group, Matrix IT, Mivne Group, Mizrahi Tefahot Bank, Motorola Solutions, Partner Communications Company, Paz Oil Company, Rami Levy Chain Stores Hashikma Marketing 2006, RE/MAX Holdings, Shapir Engineering and Industry, Shikun & Binui, Shufersal, Siemens, Solvay, Terex Corporation, Tripadvisor, Volvo Group, and WSP Global.

The report shows investments in a company at the group level, regardless of other activities or the percentage of turnover it derives from settlement-related activities. It is impossible for a financial institution to be sure that the financial services it provides to a company will not be used for activities linked to the settlement enterprise.

Tags report, settlements

Event

Webinar: Resisting the IHRA Definition

Post author By ELSC
Post date 20 September 2021
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On the occasion of the launch of the Palestine Solidarity Campaign’s website ‘No to the IHRA definition’, the ELSC will be part of a panel to discuss the impact of the IHRA Working Definition of Antisemitism on Palestinian rights advocacy and how to resist it.

Wednesday 22 September 2021 at 7pm CET (6pm UK time)

REGISTER here to attend the webinar.

Among other groups in Europe and the UK, the Palestine Solidarity Campaign (PSC) in the UK is campaigning again the IHRA definition of antisemitism that conflates criticism of the policies and practices of the State of Israel, with antisemitism.

The Director of the ELSC Giovanni Fassina will be part of the panel as the organisation has been providing legal support to many Palestinian rights advocates who faced unfounded allegations of antisemitism in the UK, based on the use of the IHRA definition.

Join us at 6pm (UK Time) on Wednesday the 22nd of September as the PSC launches its ‘No to the IHRA definition’ website which aims to give activists and campaigners the information and tools needed to resist or push back against the adoption of the IHRA definition of antisemitism in various settings across the UK, including within universities and local councils.

Speakers:
Ben Jamal – PSC Director
Giovanni Fassina – European Legal Support Center (ELSC) Director
Tom Hickey – British Committee for Universities of Palestine (BRICUP)
Rabbi Alissa Wise – Jewish Voice for Peace (JVP) Former Deputy Director
Neve Gordon – Professor of International Law and Human Rights, Queen Mary University

Tags Freedom of Expression, IHRA

Release

Open Letter to impose a comprehensive two-way arms embargo Israel

Post author By ELSC
Post date 2 September 2021
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The ELSC joined a global coalition of leaders from civil society to academia, art, media, business, politics, indigenous and faith communities, and people of conscience around the world– to call upon the States Parties to the Arms Trade Treaty (ATT) to act decisively to put an end to Israel’s use of arms and military equipment for the commission of serious violations of international humanitarian law and human rights against Palestinian civilians by immediately imposing a comprehensive two-way arms embargo on Israel.

Read the whole letter below:

Open Letter to the States Parties to the Arms Trade Treaty on the Need to Impose a Comprehensive Two-Way Arms Embargo on Israel

We, the undersigned global coalition of leaders –from civil society to academia, art, media, business, politics, indigenous and faith communities, and people of conscience around the world– call upon the States Parties to the Arms Trade Treaty (ATT) to act decisively to put an end to Israel’s notorious use of arms and military equipment for the commission of serious violations of international humanitarian law and human rights against Palestinian civilians by immediately imposing a comprehensive two-way arms embargo on Israel.

In the spring of 2021, the world once again watched in horror as Israeli occupying forces attacked defenceless Palestinian civilians in the Gaza Strip, in the West Bank, including East Jerusalem, and inside Israel. Palestinian civilians peacefully protesting against colonisation of their land were assaulted with live fire, rubber-coated steel bullets, sound bombs, tear gas and skunk water. Israel’s deadly military aggression against the Palestinian civilian population in the Gaza Strip was the fourth in a decade. Over 11 days, 248 Palestinians were killed, including 66 children. Thousands were wounded, and the reverberating effects of the use of explosive weapons on hospitals, schools, food security, water, electricity and shelter continue to affect millions.

This systematic brutality, perpetrated throughout the past seven decades of Israel’s colonialism, apartheid, pro-longed illegal belligerent occupation, persecution, and closure, is only possible because of the complicity of some governments and corporations around the world.

Symbolic statements of condemnation alone will not put an end to this suffering. In accordance with the relevant rules of the ATT, States Parties have legal obligations to put an end to irresponsible and often complicit trade of conventional arms that undermines international peace and security, facilitates commission of egregious crimes, and threatens the international legal order.

Under Article 6(3) of the ATT, States Parties undertook not to authorise any transfer of conventional arms if they have knowledge at the time of authorisation that arms or items would be used in the commission of genocide, crimes against humanity, grave breaches of the Geneva conventions of 1949, attacks directed against civilian objects or civilians protected as such, or other war crimes as defined by international agreements to which they are a Party.

Under Articles 7 and 11, they undertook not to authorise any export of conventional arms, munitions, parts and components that would, inter alia, undermine peace and security or be used to commit serious violations of international humanitarian law and human rights law.

It is clear that arms exports to Israel are inconsistent with these obligations. Invariably, Israel has shown that it uses arms to commit war crimes and crimes against humanity, as documented by countless United Nations bodies and civil society organisations worldwide. Military exports to Israel also clearly enabled, facilitated and maintained Israel’s decades-long settler-colonial and apartheid regime imposed over the Palestinian people as a whole.

Similarly, arms imports from Israel are wholly inconsistent with obligations under the ATT. Israeli military and industry sources openly boast that their weapons and technologies are “combat proven” – in other words, field-tested on Palestinian civilians “human test subjects”. When States import Israeli arms, they are encouraging it to keep bombing Palestinian civilians and persist in its unlawful practices. No one –neither Israel, nor arms manufacturers in ATT States parties– should be allowed to profit from the killing or maiming of Palestinian civilians.

It is thus abundantly clear that imposing a two-way arms embargo on Israel is both a legal and a moral obligation. ATT States Parties must immediately terminate any current, and prohibit any future transfers of conventional arms, munitions, parts and components referred to in Article 2(1), Article 3 or Article 4 of the ATT to Israel, until it ends its illegal belligerent occupation of the occupied Palestinian territory and complies fully with its obligations under international law. Pending such an embargo, all States must immediately suspend all transfers of military equipment, assistance and munitions to Israel.

A failure to take these actions entails a heavy responsibility for the grave suffering of civilians – more deaths, more suffering, as thousands of Palestinian men, women and children continue to bear the brutality of a colonial belligerent occupying force– which would result in discrediting the ATT itself. It also renders States parties complicit in internationally wrongful acts through the aiding or abetting of international crimes. A failure in taking action could also result in invoking the individual criminal responsibility of individuals of these States for aiding and abetting the commission of war crimes and crimes against humanity in accordance with Article 25(3)(c) of the Rome Statute of the International Criminal Court.

Justice will remain elusive so long as Israel’s unlawful occupation, settler-colonialism, apartheid regime, and persecution and institutionalised oppression of the Palestinian people are allowed to continue, and so long as States continue to be complicit in the occupying Power’s crimes by trading weapons with it.

In conclusion, we believe that the ATT can make a difference in the Palestinian civilians’ lives. It has the potential, if implemented in good faith, to spare countless protected persons from suffering. If our call to stop leaving the Palestinian people behind when it comes to implementation of the ATT is ignored, the raison d’être of the ATT will be shattered.

Joining organisations:

Action Sécurité Ethique Républicaines
Adalah Justice Project
Addameer Prisoner Support and Human Rights Association
AFPS 63
Al Mezan Center for Human Rights
Aldameer Association for Human Rights
Al-Haq, Law in the Service of Man
Alrowwad Cultural and Arts Society
American Muslims for Palestine
Anglican Pacifist Fellowship
Applied Research Institute – Jerusalem (ARIJ)
Arab Canadian Lawyers Association
Arab Organization for Human Rights
Argenteuil Solidarité Palestine
Asociación Americana de Juristas
Association Belgo-Palestinienne WB
Association femmes plurielles
Association France Palestine Solidarité (AFPS)
AssoPacePalestina
Australia Palestine Advocacy Network
Australian Centre for International Justice
Australians For Palestine
Badayl
BDS Australia
Begian Campaign for Academic and Cultural Boycott of Israel
Campagne BDS France
Canadian BDS Coalition
Canadians for Justice and Peace in the Middle East (CJPME)
Center for Constitutional Rights
Center for International Policy
Centro Interdisciplinario de Estudios Estratégicos para la Seguridad y el Desarrollo Social CIESED A.C.
CNAPD – Coordination Nationale d’Action pour la Paix et la Démocratie
Coalition for Justice and Peace in Palestine
Collectif 69 de Soutien au Peuple Palestinien
Collectif BDS 57
Collectif Judéo Arabe et Citoyen pour la Palestine
Colombian Campaign to Ban Landmines
Columban missionaries Britain
Columbia Law Students for Palestine
Combatants for Peace
Comitato BDS Campania
Comité de Solidaridad con la Causa Árabe
Comité pour une Paix Juste au Proche-Orient asbl
Community Action Center – Al-Quds University
Confederación Intersindical Gallega (CIG)
Cultura è Libertà, una campagna per la Palestina
Dagropass
De Palestijnse gemeenschap in Nederland
Defense for Children -Palestine (DCI-Palestine)
Democracy for the Arab World Now (DAWN)
docP – BDS Netherlands
Egyptian Initiative for Personal Rights
European Coordination of Committees and Associations for Palestine (ECCP)
European Legal Support Center
Femmes Unies pour la Paix dans la région des Grands Lacs
FILEF Sydney Federation of Italian Migrant Workers
Finnish-Arab Friendship Society
Friends of Palestine Tasmania Inc
Gaza Action Ireland
Gesellschaft Schweiz Palästina GSP/ASP
Global Kairos Asia Pacific Solidarity For Palestine (GKAPS)
Good Shepherd Collective
Housing and Land Rights Network
Human Rights and Democratic Participation Center “SHAMS”
Human Rights Network Nigeria
ICAHD Finland
ICAHD UK
Independent Jewish Voices Canada
Indian Writers Forum
Indo Palestine Solidarity Forum
International Organization for the Elimination of All Forms of Racial Discrimination (EAFORD)
International Women’s Rights Action Watch Asia Pacific
Ireland-Palestine Solidarity Campaign
Jewish Voice For Peace
Jews for Palestinian Right of Return
Just Peace Advocates/Mouvement Pour Une Paix Juste
Karapatan
Kenya Human Rights Commission
Labor for Palestine
Manushya Foundation
National Association of Democratic Lawyers (South Africa)
National Justice & Peace Network (NJPN)
National Lawyers Guild, Palestine Subcommittee
Nederlands Palestina Komitee
Newweapons research group
Niagara Movement for Justice in Palestine-Israel (NMJPI)
North Notts Unite Community
NOVACT
Oakville Palestinian Rights Association
Palestine Solidarity Network – Edmonton
Palestinian and Jewish Unity
Palestinian Centre for Human Rights (PCHR)
Palestinian Grassroots Anti-Apartheid Wall Campaign (Stop the Wall)
Palestinian Non-Governmental Organizations Network (PNGO)
Pax Christi International
Pax Christi, England and Wales
Paz con Dignidad
Platform of French NGOs for Palestine
Salaam ragazzi dell’Olivo, comitato di Trieste
Samidoun Palestinian Prisoner Solidarity Network
SODePAZ
Solutions Not Punishment Collaborative
The Civic Coalition for Palestinians Right in Jérusalem
The Israeli Committee Against House Demolitions (ICAHD)
The Jerusalem Legal Aid and Human Rights Center (JLAC)
The National Association of Human Rights Defenders
The Oakville Palestinian Rights Association
The Palestinian Human Rights Organizations Council (PHROC)
The Palestinian Initiative for the Promotion of Global Dialogue and Democracy-MIFTAH
UJFP French Jewish union for peace
Union syndicale Solidaires
US Campaign for Palestinian Rights
US Campaign for the Academic and Cultural Boycott of Israel
Visualizing Palestine
Vrede vzw
Vredesactie
War on Want
Women for Palestine
Women in Black Vienna
Women’s Centre for Legal Aid and Counselling

Joining individuals
Ahmed Ben
Ahmed Reda Tolba
Alaa Shalaby
Alaaeddine Tatak
Aline Shaban
Amin Abbas
Andrea Balduzzi
Angie Mindel
Ann McNicholas
Anne Peacey
Ashley Tellis
Atamjit Singh
Audrey J Bomse
Badee M.T. Aldwaik
Baruti Likoyi
Bernadette McPhee
Chirag Shah
Claudia Karas
Claudia Schiavelli
Denise Peillon
Denotter JJ
Devaki Khanna
Dr. Ibrahim Lada’a
Dr. Nerina Cecchin
Egbert Harmsen
Marc Fayard
Firoz Ahmad
Flavia Lepre
Françoise Abadie
Frstot Marie-Paule
Gabriel Mondragón Toledo
Geeta Kapur
Geeta Kapur
Georges Franco
Gillard Francois
Gina Cardosi
Githa Hariharan
Gregory Kotoy
Gyan Prakash
Haidi Ali Muhammad Eltayeb
Hélène Le Cacheux
Herman De Ley
Huwaida Arraf
Ian Ampleford
Ian Mc Cabe
Indu Chandrasekhar
Jake Javanshir
James Dickins
James Lafferty
John King
Joop Hoekstra
Julia Auf Dem Brinke
Julie Hart
Kalyani Chaudhuri
Karel Arnaut
Karin Brothers
Karin Verelst
Kathryn Kelly
Kellie Tranter
Lauren Speiser
Laurent De Wangen
Lee Rhiannon
Luisa Morgantini
M.N. Harakeh
Madeline Lutjeharms
Maha Abdallah
Maha Alami
Malini Bhattacharya
Mani Shankar Aiyar
Marcy Newman
Maria Bartolacci
Marjorie Cohn
Martin Mavenjina
Massimiliano Masini
Maxime Florentin
Maya Devi
Michael Letwin
Michel Gevers
Mohamad Arouki
Mohamed Aboelazm
Mohammad Al Nabulsi
Mohan Rao
Monique Vincent
Muralidharan K
Nalini Nayak
Nandini Sundar
Naresh Dadhich
Nasir Tyabji
Navdeep Mathur
Nick Deane
Nozomi Takahashi
Oishik Sircar
P A Azeez
Pamela Blakelock
Pamela Philipose
Paola Manduca
Patrick Lechopier
Persis Ginwalla
Pierre Bordone
Pushpa Achanta
Pushpamala N
Raffaele Spiga
Rajni Palriwala
Rev Joseph Ryan
Rey Asis
Rudolf Knutti
S. Raghunandana
Salim Yusufji
Sellin Jean-Christophe
Shafey Kidwai
Sharib Aqleem Ali
Sigour Brigitte
Sonia Fayman
Stephen Flaherty
Sue Ingham
Sumanta Banerjee
Terri Ginsberg
Valter Mutt
Vinay Bharadwaj
Vincent Basabé
Winfried Belz
Yousuf Saeed
Yves Goaer
Yves Jardin

Call

Call for Applications: Project Officer – Netherlands

Post author By ELSC
Post date 11 August 2021
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We are seeking a part-time Project Officer to lead our work in the Netherlands.

As a Project Officer, you will connect with individuals, groups and organisations affected by repressions and censorship to document incidents and advise them on possible legal support available either within the ELSC or with an external legal partner.

Send your CV and a short motivation (max 250 words) detailing why you are interested in this role and the ELSC’s work to application@elsc.support with the subject line “Application: Project Officer Netherlands” by Sunday 29 August.

Click here for the full job description.

Tags Call for Application

Release

ELSC Year-in-Review: 2020

Post author By ELSC
Post date 30 July 2021
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Today the ELSC announces the release of our 2020 Year-in-Review, which provides an overview our work, achievements and cases in the defence of Palestinian rights advocacy in Europe during 2020.

In 2020, we responded to 39 cases of individuals, groups and organisations who faced repression for their advocacy in 11 European countries. Examples of our work included assisting students and academics in campus disciplinary proceedings for false and inflammatory allegations of antisemitism. In 23 of the cases, we supported litigation or legal defence outside of courts by working with our network of lawyers and partner organisations, and preparing legal opinions, memos and submissions.

Based on extensive ELSC monitoring of repression of advocacy for Palestinian rights across Europe, with a focus on the UK and Netherlands, we expanded our incidents and legal database and raised awareness about unlawful restrictions of fundamental rights and civic space faced by the Palestine solidarity movement in Europe.

Reflecting on our 2020, ELSC Programme Director, Giovanni Fassina shares:

“As we move forward with our work in 2021, in times of growing global mobilization for Palestinian rights, we hope to continue our work in support of the movement. Yet, the ELSC’s work is only possible thanks to the manifold engagement of our friends, including our partner organisations around the world and institutional donors and individuals who have provided generous donations. For this, I and the ELSC team are deeply grateful.”

Click here to read the full report

Tags BDS, ELSC, Freedom of Expression, IHRA, report, Year-in-review

Newsletter

ELSC Newsletter: June

Post author By ELSC
Post date 12 July 2021
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This month we share with you updates from our work around Europe. In Brussels, we sent a joint letter to the EU commission challenging the political instrumentalization of the controversial IHRA definition, in the UK we assisted students and academics to challenge repression when they speak up in defence of Palestinian rights and we challenged PayPal to shape up its policy on account closures.

We also express our sincere condolences to our partner organization Al Haq after the shocking death of brilliant human rights defender Suha Jarrar yesterday. Suha was a legal researcher in Al Haq since 2017. Our hearts and thoughts go to Suha’s family, colleagues and loved ones.

CHALLENGING THE EU COMMISSION ON POLITICAL INSTRUMENTALIZATION OF ANTISEMITISM

In June, the ELSC joined 9 other networks and European organizations to send an open letter to the European Commission, in anticipation of its “comprehensive strategy on combating antisemitism”, which it is currently in preparation. The letter addresses, among other things, the endorsement and the use of the controversial IHRA definition of antisemitism that has been having a harmful impact on Palestinian rights advocates’ freedom of expression and work.

We ask the Commission to reaffirm its commitment to freedom of expression and to civic space for rights-based advocacy and activism on Israel-Palestine.

Read about the letter and amplify the news:

REPRESSION INTENSIFIES IN THE UNITED KINGDOM

In the UK, activists, students, academics and even children are facing increasing repression because they speak up about Palestine. The requests of legal support received by the ELSC from UK students and academics have been increasing these past weeks. Individuals have been smeared and face complaints because they tweeted or signed letters in support of Palestinian human rights and criticizing Israeli violations of international law. In schools, children have been punished because they expressed support for Palestine and sometimes, they had to face the police. See this Channel 4 documentary and this report by MEND.

If you know anyone who has faced repression for Palestinian rights advocacy whether at school, work, or during a protest in public space or online, make sure to fill out our incident report form. This information enables us to track how Palestinian advocacy is attacked and silenced, helping us to better defend activists in times of need and push back against shrinking civic space.

Report an Incident

At the ELSC, our team has been working tirelessly to ensure Palestinian rights activists are supported and defended. When needed, we work in partnership with local lawyers to bring cases before national courts. This summer, we are aiming to raise €5000 to make sure we are able to offer legal assistance to everyone at risk or affected by repression. We are €3000 away from our goal. Will you help us reach this goal with a one-time or monthly donation to our legal aid fund?

Donate to our Legal Aid Fund

For more information on how to make your donation tax-deductible, please contact fundraiser@elsc.support.

PAYPAL TOLD TO SHAPE UP POLICIES ON ACCOUNT CLOSURES

Nearly two dozen rights groups, including the ELSC and our partner 7amleh, have joined together to tell PayPal and its subsidiary Venmo to shape up its policies on account freezes and closures.

“While companies like Facebook and YouTube have faced substantial scrutiny for their history of account closures, financial companies like PayPal have often flown under the radar. Now, the human rights community is sending a clear message that it’s time to change,” said EFF International Director of Freedom of Expression Jillian York.

PayPal has an history of closing accounts of Palestinian rights activists and of lacking of services in Palestine, as reported by 7amleh. More than 170 000 people also signed a petition asking PayPal to stop discriminating against Palestinians. Its transparency must be addressed.

Read the letter to PayPal here

RESOURCES & NEWS FROM AROUND EUROPE AND PALESTINE

15 June 2021, 7amleh – The Arab Center for the Advancement of Social Media, published its findings of the Index of Racism, Hatred and Incitement against Arabs and Palestinians. The study covers online violations and threats to the digital rights of Palestinians in Hebrew from the 6th to the 21st May 2021, particularly at the height of the last Israeli aggression on Palestinians. The findings show a 15-fold increase in violent speech compared to the same time period last year.

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Tags accounts, de-platforming, Freedom of Expression, IHRA, protest

Media Coverage Statement

22 Rights Groups Tell PayPal and Venmo to Shape Up Policies on Account Closures

Post author By ELSC
Post date 17 June 2021
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Nearly two dozen rights groups, including the European Legal Support Center (ELSC) and our partner 7amleh, have joined together to tell PayPal and its subsidiary Venmo to shape up its policies on account freezes and closures.

“Companies like PayPal and Venmo have hundreds of millions of users. Access to their services can directly impact an individual, company, or nonprofit’s ability to survive and thrive in our digital world,” said EFF International Director of Freedom of Expression Jillian York. “But while companies like Facebook and YouTube have faced substantial scrutiny for their history of account closures, financial companies like PayPal have often flown under the radar. Now, the human rights community is sending a clear message that it’s time to change.”

PayPal also has an history of closing accounts of Palestinian rights activists and of lacking of services in Palestine, as reported by 7amleh. More than 170 000 people also signed a petition asking PayPal to stop discriminating against Palestinians. Its transparency must be addressed.

Read the full letter to PayPal and Venmo here.

Tags accounts, de-platforming, human rights, Paypall

Call Job

Call for Applications: Legal Intern – The Netherlands

Post author By ELSC
Post date 17 June 2021
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We are presently seeking a legal intern for our Netherlands project work. The position will be based at the ELSC office in Amsterdam.

As a legal intern, you will work to develop legal memos, strategy, conduct research and assist clients on their rights as well as monitor developments of attacks against advocates for Palestinian rights in The Netherlands. The work is conducted in partnership with human rights lawyers and NGOs of different European countries.

As part of our Netherlands strategy to monitor, defend and empower Palestinian rights advocates, in this role, you will: a) assist the Advocacy and Communication Officer with research to monitor the repression of Palestinian rights advocates in the Netherlands; b) provide legal advice to ELSC clients on their rights under national (Dutch) and regional human rights law; c) develop strategies and guides to defend those affected by these restrictive policies d) analyse relevant legislation and jurisprudence under Dutch and EU law regarding cases of limits to freedom of expression and human rights advocacy.

Applications should be sent to application@elsc.support by no later than 18:00 CET on 30 June, including a CV, cover letter and short writing sample (max 1000 words) on a topic related to the work of the ELSC.

Read the full vacancy here

Tags Hire

Statement

Civil society letter to European Commission: counter political instrumentalization of antisemitism

Post author By ELSC
Post date 16 June 2021
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On 15 June, 2021, 10 European NGOs and networks sent an open letter to the European Commission to raise concern about the political instrumentalization of the fight against antisemitism. The ELSC is one of the signatories.

The NGOs and networks sent the letter in anticipation of the EU’s “comprehensive strategy on combating antisemitism”, which the European Commission will present at the end of 2021.

They write: “As civil society organizations promoting human rights and respect for international humanitarian law in Israel and Palestine, we are alarmed by the expanding conflation of criticism directed at the State of Israel with antisemitism.

While this conflation is primarily promoted by the Israeli government and organizations affiliated with it, the Commission has so far failed to clearly distance itself from it. Worse, the Commission has been giving a political tailwind to this troubling trend.”

The letter expresses concern about the Commission’s “unqualified endorsement” of the controversial IHRA definition of antisemitism, criticizes the Commission’s “Handbook for the practical use” of that definition and deplores the lack of transparency and of inclusiveness, which has long characterized the Commission’s approach to fighting antisemitism.

The 10 European NGOs and networks call on the Commission to “acknowledge, reject and counter the political instrumentalization of the fight against antisemitism”, to “launch a serious and substantial dialogue with concerned civil society organizations” and to “reaffirm the Commission’s commitment to freedom of expression and to civic space for rights-based advocacy and activism on Israel-Palestine in the upcoming strategy on combating antisemitism”.

The full letter can be downloaded here. It has been signed by Broederlijk Delen, 11.11.11, CNCD-11.11.11, European Coordination of Committees and Associations for Palestine(ECCP), European Legal Support Center (ELSC), International Federation for Human Rights (FIDH), Ligue des droits de l’Homme (LDH), medico international, Plateforme des ONG Françaises pour la Palestine and The Rights Forum.

Tags EU, IHRA

Job

Call for Applications: Legal Trainee – UK Project

Post author By ELSC
Post date 9 June 2021
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We are presently seeking a legal trainee for our UK project work. The position will be based at the ELSC office in Amsterdam.

As a legal trainee, you will work to develop legal memos, strategy, conduct research and assist clients on their rights as well as monitor developments of attacks against advocates for Palestinian rights in the UK. The work is conducted in partnership with human rights lawyers and NGOs of different European countries.

As part of our UK strategy to monitor, defend and empower Palestinian rights advocates, in this role, you will: a) assist the UK Country Officer with research to monitor the repression of Palestinian rights advocates in the UK; b) provide legal advice to ELSC clients on their rights under national (UK) and regional human rights law; c) develop strategies and guides to defend those affected by restrictive policies d) analyse relevant legislation and jurisprudence under British and EU law regarding cases of limits to freedom of expression and human rights advocacy.

Applications should be sent to application@elsc.support by no later than 18:00 CET on 30 June, including a CV, cover letter and short writing sample (max 1000 words) on a topic related to the work of the ELSC.

Read the full requirements and vacancy here.

Tags Hire, job

Statement

Joint statement on censorship of Palestine campaigning in schools

Post author By ELSC
Post date 7 June 2021
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Repression and censorship have increased as mobilization and protests for Palestinian rights in Europe have grown in the past few weeks. In the UK, children in schools were reprimanded, suspended or even excluded for speaking up about Palestine or showing solidarity through symbols associated with Palestine like flags. The ELSC signed this joint statement along with British organizations to ask the government of the UK to end its repressive policies against activism in schools.

In recent years, from Palestine solidarity to Climate Justice to Black Lives Matter, young people have stood up to assert themselves as crucial players in movements for justice.

Yet, the response from their learning institutions has been a concerning and unacceptable level of sanctions – and at times outright repression – against young people, to disempower and dissuade them from campaigning for justice.

Over the past few weeks, our organisations have witnessed and handled countless cases of children being reprimanded, suspended and accosted by teachers, and excluded for speaking up about Palestine, displaying the Palestinian flag or symbols associated with Palestine.

We have also encountered schools issuing outright prohibitions on any discussion of what is happening in Palestine, with warning signs of the Prevent duty being invoked to ‘handle’ the incidents.

Schools have a crucial part to play in fostering civic education. They must equip our young people with the information to understand the world around them – one which is sadly riddled with injustice. Yet, as young people are becoming politicised and exercising social action, some school leaders are doing their utmost to thwart their efforts.

Instead of praising their students for taking an interest in the world around them, schools are actively preventing their students from developing themselves politically.

This forms part of a wider climate fostered by the current government to roll back the growing political consciousness among young people. We have seen this in their manufactured backlash to the school climate strikes and last year’s Black Lives Matter protests, as well as in long-standing policies like Prevent, which are designed to monitor and coerce minority groups.

Indeed, in leaked Prevent training, schoolchildren showing an interest in what is happening in Palestine was listed as something that “needed careful monitoring.”

Education Secretary Gavin Williamson has now intervened directly to control how schools discuss Palestine in the classroom. Encouraging the use of so-called “anti-extremism” measures to do so is a direct attack on young people of conscience across the country, and the education sector as a whole.

The repression of Palestine advocacy and Palestine solidarity campaigners has been exceptionally vehement in recent years, and has been deeply interwoven with Islamophobia and unrestrained anti-Palestinian racism.

This has created an environment in which schools and teachers feel either able or compelled to exercise heavy-handed censorship against those organising around the Palestinian cause.

In turn, this creates a chilling effect for all young people – and as we have clearly seen in the past couple of weeks, racialised and Muslim young people in particular.

The securitisation of our schools is part of a wider crackdown on political protest, as embodied by the recent RSHE Guidance for schools, the Police, Crime, Sentencing and Courts Bill, the Online Safety Bill and the upcoming ‘boycott ban’ bill.

We, the undersigned, pledge to resist these attempts to silence Palestine solidarity campaigning and offer our full support to all those who are fighting for justice. As such, we demand that the government abandon its censorious and repressive approach to controlling such campaigning in schools.

Signed,

Palestine in School

European Legal Support Center

Black Protest Legal Support

Friends of Al Aqsa

CAGE

Kids of Colour

MEND

Prevent Watch

Islamic Human Rights Commission

No More Exclusions

Coalition of Anti-Racist Educators (CARE)

Apartheid Off Campus

Abolitionist Futures

Black Lives Matter UK

Maslaha

Black Learning Achievement and Mental Health (BLAM)

No Police in Schools

Counter-policing in Education Network

Network for Police Monitoring (Netpol)

Northern Police Monitoring Project

4Front Project

Kings Students and Staff against Surveillance

Resistance Labs

SOAS Against Surveillance and Securitisation

Extinction Rebellion UEA

LivPalestine (Liverpool)

Read the statement here

If your organisation would like to co-sign this statement, please email palestineinschool[at]gmail.com

Image used courtesy of Unsplash/Ehimetalor Akhere Unuabona

Tags protest, repression, school

Newsletter

ELSC Newsletter: May

Post author By ELSC
Post date 4 June 2021
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This month we once again witnessed the brutal bombardment of Gaza and violent commission of human rights abuses by Israeli authorities and settlers. In a global response, communities worldwide rose in solidarity calling for freedom and justice in Palestine. Yet, this call was not without struggle as this month we share with you all too common stories of censorship and repression of Palestinian rights activists. We also share the news of a win in an EU court, part of the effort to stop trade with illegal settlements, as well as an update on the BT3P campaign challenging the German Bundestag’s anti-BDS motion.

A MONTH OF ACTION AND SOLIDARITY

This month, millions came out across the globe to mobilize in solidarity with the Palestinian people against the most recent war crimes and human rights violations committed by the Israeli authorities. In all continents, people took to the streets to call for justice whilst online communities shared information, resources, and stories of Palestinians’ lived reality of Israeli occupation and apartheid.

In this history-making mobilization, activists faced increasing repression through censorship, smear campaigns and other restrictive actions at protests, schools and in online spaces. While Palestinians were sharing their experiences of Israeli violence in Sheikh Jarrah, Facebook, Twitter and Instagram removed and their censored posts. Protesters in France were fined and had marches cancelled before being attacked by police with water cannons and tear gas. School children in the UK were sanctioned for talking about Palestine, and the marches of solidarity in Germany were sweepingly smeared as antisemitic by officials and mainstream media. These are just a few of countless examples of repression faced by Palestinian rights activists this month.

Report an Incident

The entire team at the ELSC has been working tirelessly to ensure Palestinian rights activists are supported and defended in this time of mobilization. When needed, we work in partnership with local lawyers to bring cases before national courts. This spring, we are aiming to raise €5000 to make sure we are able to offer legal assistance to everyone at risk or affected by repression. Will you help us reach this goal with a one-time or monthly donation to our legal aid fund?

Donate to our Legal Aid Fund

For more information on how to make your donation tax-deductible, please contact fundraiser@elsc.support.

EUROPEAN COMMISSION TOLD TO REVIEW INITIATIVE TO STOP TRADE WITH ILLEGAL SETTLEMENTS

We were proud to announce earlier this month a ruling of the Court of Justice of the EU which gives a boost to efforts to stop European trade with illegal settlements.

After the EU Commission rejected a European Citizen Initiative (ECI) asking the Commission to adopt a measure to prevent European trade with illegal settlements in occupied territories, the seven citizens who started the initiative brought a case before the Court of Justice of the EU. The Court annulled the Commissions rejection of the ECI, ruling that the latter had infringed on the rights of the citizens when it refused to register their ECI without giving the necessary explanation of reasons. The Commission must now review the ECI again and issue a new, adequately reasoned decision in the coming months.

The ELSC assisted the seven citizens in the preparation of the Initiative in its initial stage and with legal research and analysis throughout the proceedings in Court. Help us hold the EU Commission accountable to its obligation to end trade with illegal settlements by sharing our message about this important win on social media.

Join the #StopSettlements Campaign

GERMAN BUNDESTAG REPLIES TO BT3P CAMPAIGNERS

This month, the German Bundestag replied to the complaint filed by the BT3P campaigners challenging the 2019 anti-BDS motion which infringes on the individual right to freedom of expression and defames human rights activists as antisemitic. International law firm Redeker Sellner Dahs, representing the Bundestag, requested that the complaint be dismissed claiming the resolution had no legal effect whatsoever and that the BT3P’s rights have not been infringed upon. The BT3P lawyer, Ahmed Abed, will now submit the response to the court in the coming weeks, after which, the court will make a decision on the initiation of a court hearing.

Our legal claim submitted to the court contained 19 cases of discrimination against BDS activists and supporters of the Palestinian cause triggered by the Bundestag resolution. The authority of the Bundestag turns the ‘non-binding resolution’ de facto into a law – a law which defames human rights work for Palestinians as antisemitic and thereby ousts us from any public venue or space
The BT3P plaintiffs, Judith Bernstein, Amir Ali and Christoph Glanz

RESOURCES & NEWS FROM AROUND EUROPE

On May 17, the Lyon criminal court acquitted former French journalist and Palestinian rights activist Olivia Zemor after she was sued for calling for the boycott of Teva, an Israeli pharmaceutical company.

Zemor appeared in court in March facing charges of defamation and incitement to discrimination following an online appeal she made on the EuroPalestine website urging readers to boycott Teva for itsr complicity in Israel’s occupation and human rights violations. The court found that Zemor’s claims did neither amount to defamation nor discrimination and dismissed all charges against her.

This latest ruling follows the milestone Baldassi v. France judgement issued in June 2020 which affirmed that the right to boycott falls within the fundamental right to freedom of expression. Although France is bound by the Baldassi ruling, the Ministry of Justice published in October 2020 a new circular that is still criminalizing the BDS movement and alleging its illegality under French law.

This latest judgement from the Criminal Court of Lyon represents a step towards the respect for an individual’s right to freedom of expression and right to boycott in France despite restrictive policies still being in force.

Newsletter

ELSC Newsletter: April

Post author By ELSC
Post date 4 May 2021
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Dear friend,

This month, we have a few exciting victories for Palestinian rights advocacy. We recall an important success in The Netherlands, share with you a new report by Human Rights Watch detailing the crime of apartheid being committed by Israel against Palestinians, and report on the University of Toronto being censored for cancelling the employment of ELSC Advisory Board member Dr. Valentina Azarova for her human rights work.

A WIN FOR PALESTINIAN ACTIVISM IN THE NETHERLANDS

Earlier this month we shared details of a major win for activists in the Netherlands after the Israeli Product Centre (IPC) was fined €2100 for mislabelling products originating from Israeli settlements in Palestine.

DocP (BDS Netherlands), who led this campaign, had previously been threatened with a defamation lawsuit by the IPC because of their advocacy efforts which highlighted that incorrect labelling could result in a possible evasion of import duties. The ELSC assisted docP in their response to the IPC’s threat by clarifying the legal basis for the accusation of mislabelling and that the evasion of import duties was a suspicion.

In the EU, products originating from illegal Israeli settlements must be clearly labelled that their provenance is from “occupied territory” and an “Israeli settlement”. In accordance with the 2019 Psagot judgement, these labelling requirements apply in all 27 EU member states.

We congratulate docP for this important win and for continuing their activism in the face of repression. The ELSC continues to support activists in the Netherlands and throughout Europe who seek to end the import and trade of products from illegal Israeli settlements.

HUMAN RIGHTS WATCH: ISRAEL COMMITTING APARTHEID AGAINST PALESTINIANS

On April 27, Human Rights Watch released a report detailing the crimes of apartheid and persecution being committed by the Israeli government against Palestinians. The report is based on findings of Israeli legislation and government policy that maintains the domination by Jewish Israelis over Palestinians, while systematically committing grave human rights abuses against Palestinians living in Israel and the Occupied Palestinian Territory, i.e., the West Bank, including East Jerusalem, and Gaza.

The report reflects years of advocacy by Palestinian civil society who have long claimed Israeli policy and actions over Palestinians constitute the crime of apartheid. As stated by Human Rights Watch Executive Director, Kenneth Roth, “Prominent voices have warned for years that apartheid lurks just around the corner if the trajectory of Israel’s rule over Palestinians does not change, this detailed study shows that Israeli authorities have already turned that corner and today are committing the crimes against humanity of apartheid and persecution.”

Human Rights Watch is the first major international NGO to address the crime of apartheid in Israel and the Occupied Palestinian Territory. We hope this report will be a turning point for individuals and the international community alike in investigating, condemning and taking action to end the lived reality of apartheid and persecution for millions of Palestinians.

Read the report “A Threshold Crossed: Israeli Authorities and the Crimes of Apartheid and Persecution” here

TEACHERS UNION CENSORS UNIVERSITY OF TORONTO

This month, delegates to the Canadian Association of University Teachers (CAUT) council voted to impose a rare censure on the University of Toronto for cancelling the hiring of ELSC Advisory Board member, Dr. Valentina Azarova.

Dr. Azarova, a distinguished legal Scholar and practitioner, research fellow at Manchester International Law Centre (MILC) and legal advisor to the Global Legal Action Network (GLAN), was abruptly removed from the hiring process at the University of Toronto following ‘concerns’ on her academic work on human rights in Israel and Palestine.

The council of the CAUT found that cancelling the hiring of Dr Azarova constituted a grave breach of widely recognized principles of academic freedom and took the decision to censure Toronto University for their action. This measure, last imposed by the CAUT in 2008, asks academic staff across Canada to not accept appointments or speaking engagements at the institution until satisfactory changes are made.

“The decision to censure was not taken lightly. It is a measure of last resort used only when we are faced with serious violations of academic freedom and other principles that are fundamental to higher education,” explained CAUT Executive Director David Robinson.

“The CAUT vote sends an important message to universities everywhere that discrimination against Palestinian human rights advocates is unacceptable. The ELSC welcomes this decision and we hope the University of Toronto will issue a full apology and hire Dr. Azarova, ensuring such actions do not occur again.”
ELSC Director, Giovanni Fassina

Read the CAUT press release here

RESOURCES & NEWS FROM AROUND EUROPE

Read here a new report published by the Observatory for the Protection of Human Rights Defenders (an FIDH-OMCT partnership) on the Israeli government’s campaign to silence and discredit Israeli, Palestinian and Syrian Golan Heights-based human rights NGOs.

The report highlights the strategy put in place by the Israeli government, in particular, the Ministry of Strategic Affairs and Public Diplomacy (MSA), which aims to delegitimise critical civil society voices through “naming and shaming” and associating them with terrorism or antisemitism; putting pressure on anyone that provides a platform for their discourse; and lobbying to cut off their sources of funding.

Read the report here

The UK-based organization, Free Speech on Israel, this month released a new report on how the IHRA Working Definition of Antisemitism is being misrepresented. The report, written by University of Oxford academic Jamie Stern-Weiner details how the IHRA definition was manipulated to protect the State of Israel from legitimate criticism by equating such criticism with antisemtism.

Read the report here

Tags Apartheid, IPC

Press Release

Israeli Product Centre Fined for the Mislabelling of Products from the Occupied Palestinian Territory

Post author By ELSC
Post date 14 April 2021
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On Friday 9 April, the Israeli Products Centre (IPC) based in Nijkerk, The Netherlands, received a fine of €2100 from the Dutch Food and Consumer Product Safety Authority (NVWA) for mislabeling products originating from Israeli settlements in the occupied Palestinian territory (oPt). The ELSC previously assisted the Dutch group docP who led a campaign for the IPC to correctly label products from the oPt but also to stop the trade in settlement products altogether, when they received a letter threatening legal action for their advocacy efforts. We welcome the decision of the NVWA as an important signal showing that activists who work for the respect of international law cannot be restricted by threats of legal action aimed at silencing Palestinian advocacy.

The present fine was issued following a campaign by docP in February 2020 calling on individuals to submit a complaint to the NVWA to investigate the IPC for the possible mislabeling of products, particularly wine and cosmetics containing Dead Sea salt. The IPC, an initiative of the Dutch Christians for Israeli foundation, which aims to encourage trade with Israel, has previously promoted the sale of mislabeled settlement products. The docP campaign highlighted that, following the 2019 Psagot judgement of the Court of Justice of the EU, products within the EU common market originating from the oPt are required to be labelled as being made in an “occupied territory” and an “Israeli settlement”. Without such labelling, products may evade import taxes as products made in the illegal Israeli settlements fall outside of preferential trade agreements concluded by the EU and Israel.

Following the campaign led by docP, the IPC was investigated by Dutch authorities who acknowledged that their labelling did not meet the legal requirements. The IPC revised labels on the products from Israeli settlements in the oPt to state that the products were “coming from an Israeli village in Judea and Samaria”. DocP continued their campaign to ensure the products were correctly labelled as originating from an Israeli settlement in occupied territory in accordance with Dutch and EU law. The recent fine reflects the success of this campaign and is an important step in ensuring consumers and tax authorities can clearly identify products originating from illegal Israeli settlements on Palestinian land.

The ELSC assisted in the present case after the IPC threatened to sue docP for defamation due to their advocacy work. With the assistance of the ELSC, docP sent a letter to the NVWA and Fiscal Intelligence and Investigation Service (FIOD) to clarify the legal basis for the accusation of mislabelling and that the evasion of import duties was a suspicion, not a proven fact. In response, lawyers for the IPC stated that they were considering legal action, however, no further action was taken.

We welcome the decision of the NVWA as it not only ensures respect for Dutch and international law but also shows that advocates for Palestinian rights will not stand down when threatened due to their human rights work.

To read docP’s Press Release, click here

For further information on this case, click here

For further information on EU labelling requirements from products from Israeli settlements, click here

Tags BDS, Labelling

Newsletter

ELSC Newsletter: March

Post author By ELSC
Post date 7 April 2021
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In this month’s newsletter, we share with you the release of the Jerusalem Declaration on Antisemitism, welcome a new member to the ELSC advisory board and highlight our 2021 work so far and how you can help to make this an important year for the protection of Palestinian rights advocacy in Europe.

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JERUSALEM DEFINITION ON ANTISEMITISM

On 25 March, the Jerusalem Declaration on Antisemitism (JDA) drafted by 200 Jewish scholars and academics was released. The JDA offers an alternative to the International Holocaust Remembrance Association Definition (IHRA) which has been weaponised to restrict free speech on Palestine.

The ELSC welcomes the JDA as an alternative to the IHRA definition of Antisemitism. However, we also share the concerns of Palestinian civil society and prominent Jewish groups that the JDA, with its focus on Israel/Palestine, will reinforce the policing of what may be said by advocates for Palestinian rights, distracting, , from the fight against antisemitism as part of the fight against all forms of racism, bigotry and discrimination.

A full and detailed critique of the JDA by Palestinian civil society can be found here.

OUR 2021 WORK SO FAR

So far this year, the ELSC has been defending Palestinian rights activists against smear campaigns, defunding attacks and threats to academic freedom all across Europe. In three short months, we have been engaged in 23 cases, pushing back against the suppression of advocacy for Palestinian rights, whilst we have also continued our systematic documentation of such attacks in The Netherlands and UK through our monitoring activities.

We are pleased to have contributed to a strategic legal victory for the Palestine solidarity movement in Valencia at the beginning of this year. Nevertheless, the large number of requests for ELSC legal support and assistance are a steady reminder of the ongoing struggle many face when speaking out for Palestinian rights

You can help us ensure that all of those who are attacked for speaking out for Palestinian rights in Europe receive free legal advice and support by making a one time or monthly donation to the ELSC. Irrespective of whether or not you can make a donation at this time, please follow us on Facebook, LinkedIn and Twitter, sharing our posts and spreading the word that we will not stand down when Palestinian rights are restricted.

donate

ELSC WELCOMES A NEW ADVISORY BOARD MEMBER

This month we are very pleased to welcome Dr. Triestino Mariniello to the ELSC Advisory Board. Dr Mariniello is a Senior Lecturer in Law at Liverpool John Moores University and is presently a member of the Legal Team representing Gaza Victims before the ICC.

The ELSC Advisory Board is comprised of 14 renowned jurists and scholars from diverse European countries, who support Palestinian rights and provide professional assistance to civil society-led advocacy. We look forward to the advice and support of Dr. Mariniello.

FOLLOW-UP & RESOURCES

Palestine Legal, one of our partner organisations in the United States, has just released its new year-in-review, analysing trends in the censorship of the US movement for Palestinian Rights in 2020, in the context of the Trump administration’s crackdown on Palestine advocacy and the impacts of the COVID-19 pandemic.

Palestine Legal responded to 213 incidents of suppression of U.S.-based Palestine advocacy over the course of 2020, bringing up the total to 1,707 since 2014. The incidents included discrimination, baseless legal threats, disciplinary investigations, censorship, and false accusations of antisemitism.

Take also a look at Pal Legal interactive website tracking legislative efforts to silence Palestine advocacy in the US. The new legislation site tracks anti-boycott bills, efforts to redefine antisemitism as a means of censoring criticism of Israel, and other measures aimed at undermining advocacy for Palestinian rights in the U.S., by type, status, and year.

In March, the City Council of Strasbourg voted against the adoption of the IHRA Working Definition of Antisemitism in an important win on the right to free speech. Following the vote, City Councillor Jean Werlen said:

“First, there is a Strasbourg tradition of never importing foreign conflicts into local religious communities. Second, it is out of the question to deny citizens the right to criticise a state, even a foreign one. We must condemn antisemitism, but we must be able to criticise a state and this definition prohibits any criticism of the policy of the State of Israel.”

Case Update

New Lawsuit against Denial of Public Space for Palestine-Related Event

Post author By ELSC
Post date 3 March 2021
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In Germany, the campaigners Bundestag 3 for Palestine (BT3P) have initiated another strategic litigation. They are now challenging the city of Munich before the Administrative Court to be granted a public facility to host a panel discussion.

The event is planned for 20 March to coincide with the Israeli Apartheid Week 2021. Judith Bernstein, Amir Ali and Christoph Glanz will discuss the Israeli regime of apartheid, and how the German public can take steps to denounce and challenge the oppression of the Palestinian people.

Last November, BT3P had successfully petitioned the Administrative Court of Hessen against the City of Frankfurt. Similar to earlier decisions of three other German Courts, the Hessian Administrative Court ruled that the denial of public spaces for BDS events violates fundamental rights and instructed the City to revoke the facility ban.

These lawsuits are part of a broader legal battle against the Bundestag anti-BDS motion brought by BT3P campaigners represented by lawyer Ahmed Abed and assisted by the ELSC.

Filed in May 2020, the complaint against the Bundestag argues that, despite its non-legally binding nature, the motion has a law-like effect leading to restrictions on the freedoms of expression and assembly. Furthermore, the plaintiffs argue that the motion exposes human rights organisations and activists to public defamation as antisemitic rather than granting them protection and support.

After a request for delay granted by the Administrative Court of Berlin, the Bundestag is finally due to handover its first legal defence on 25 March.

BT3P has just launched an English version of their website! You can support by sharing the campaign and donating to cover the cost of legal proceedings.

Tags BDS, Freedom of Expression

Release

Submission to the UN Special Rapporteur

Post author By ELSC
Post date 2 March 2021
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The ELSC has welcomed the opportunity to make a submission to the UN Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression, Irene Khan, for her 2021 Human Rights Council report.

This year annual thematic report, to be presented to the Human Rights Council at its 47th session in June 2021, is focusing on disinformation and the human rights impacts of measures which different stakeholders – from states to online platforms and others – take to combat disinformation.

Since early 2019, ELSC has been closely monitoring violations of the right to freedom of expression for advocates of Palestinian rights in several EU countries and compile a database of incidents, case law and legal materials.

The submission responds to question 1 of the submission guide: “What do you believe are the key challenges raised by disinformation? What measures would you recommend to address them?”

In the first section, we argue that the campaign led by the Israeli government and several politically motivated Non-Governmental Organisations (NGOs) to label the Boycott, Divestment, Sanction movement (BDS) and its supporters as inherently antisemitic amounts to disinformation.

In the second section, we show that this campaign resulted in the adoption of non-legally binding motions in Germany and Austria, at both national and regional level, designating the BDS as antisemitic.

The third section describes the negative impact of these anti-BDS motions on the exercise of the right to freedom of expression and assembly of BDS activists and individuals and civil society organisations advocating for Palestinian rights in Europe.

Demonstrating that these motions have a significant chilling effect that results in the worrisome partial erasure of Palestine from the domain of legitimate public debate, we recommend the Special Rapporteur to:

Issue a statement recognizing that the campaign stigmatizing the BDS movement as antisemitic amounts to disinformation;
Address a second official letter of concern to the German and Austrian authorities about the implementations of the anti BDS motions.

Read the full submission.

Tags Freedom of Expression

Release

New legal brief finds HS2 Ltd. is permitted to excluded CAF from building UK’s high speed railway

Post author By ELSC
Post date 3 February 2021
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A new legal brief produced jointly by the European Legal Support Center and Lawyers for Palestinian Human Rights has found that it is legal for HS2 Ltd. – the company building the UK’s new high speed railway HS2 – to exclude from its procurement process companies which are complicit in ongoing breaches of international law, such as Spanish construction company Construcciones y Auxiliar de Ferrocarriles (CAF).

CAF is currently leading the expansion of the Jerusalem Light Railway (JLR) which gathers together expanding Jewish-only settlements in and around occupied East Jerusalem, and connects them with West Jerusalem. Every illegal Israeli settlement, built on land stolen from the Palestinian people, is considered a war crime under the Fourth Geneva Convention. The British government has repeatedly affirmed this position, with the Foreign and Commonwealth Office writing in November 2019 “[T]he position of the UK on settlements is clear. They are illegal under international law.”

When initially asked by over 2,000 supporters of human rights to exclude CAF from the bid to provide rolling stock for HS2 last year, the Minister responsible for the project, Andrew Stephenson MP, responded that it would “be inappropriate for the Department to intervene.”

However, this new report demonstrates that “HS2 Ltd. is legally entitled to and should take all necessary steps to exclude CAF from the tender procedure on the ground of ‘grave professional misconduct’, due to its clearly apparent involvement in business activities that directly maintain and facilitate violations of international humanitarian law and human rights in the Palestinian Territory occupied by Israel since 1967, in particular in occupied East Jerusalem.”

According to the report, the exclusion of CAF, and any company involved in ongoing breaches of international law, would be consistent with international legal obligations requiring all public authorities – including contracting authorities as HS2 Ltd. – to respect, protect and fulfill human rights and humanitarian standards, including by avoiding economic relations with companies that directly maintain and facilitate human rights and humanitarian violations.

More broadly, the report demonstrates that all public contracting authorities should apply the ground of exclusion for “grave professional misconduct” contained in Article 57(8)(c) of the Public Contracts Regulation 2015, where companies are involved in ongoing breaches of international law. In the case of HS2, these findings can be applied to any company involved in the bidding process that is complicit in Israel’s settlement of Palestinian land.

Ben Jamal, Director of Palestine Solidarity Campaign said:

“All public contract authorities must discharge their responsibilities to cease complicity in ongoing violations of international law. This means HS2 Ltd must exclude CAF, and any other company violating Palestinian human rights, from the bid to provide rolling stock.”

Giovanni Fassina, Programme Director of the European Legal Support Center said:

“Companies that are involved in war crimes should have no standing in public tenders. CAF chooses to put profit before humanity in facilitating the ongoing violations of Palestinian human rights. HS2 Ltd. has the legal right and a moral obligation to exclude CAF from the tender procedure.”

Morning Star, Bethany Rielly, Pressure mounts on HS2 to drop train firm ‘involved in Israeli war crimes’ from bidders list, 4 February 2021

Middle East Monitor, Refuse bids from those ‘involved in Israeli war crimes’, legal groups tell UK rail construction company, 5 February 2021

Electronic Intifada, Adri Nieuwhof, UK must bar settlement profiteer from work on high-speed rail line, 9 February 2021 [Translated into Spanish & Italian]

Event

Webinar “Shrinking Space in Area C”

Post author By ELSC
Post date 27 January 2021
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European Legal Support Center (ELSC), PAX, Oxfam Novib, SOMO, and The Rights Forum are hosting a webinar on shrinking space in Area C of the occupied Palestinian territories. The event will take place on Thursday 4 February from 3 pm until 4:30 pm CET.

Overview

What: a webinar on Area C of the occupied Palestinian territories, specifically in light of suppression of civic space and within the framework of ongoing de-facto annexation.

When: Thursday, February 4, 15:00-16:30 CET.

Speakers: Sarit Michaeli (B’Tselem), Suha Jarrar (Al-Haq) and Nils Mollema (formerly Al-Haq). The webinar will be moderated by Shane Stevenson, who is the Country Director for Oxfam in the Occupied Palestinian Territory and Israel.

Language: English.

More information: via this link.

Al-Haq recently published ‘Deprived of a Voice: An Investigation into Shrinking Space in Area C‘. The report examines the daily harassment of human rights defenders by the Israeli Force and Israeli settlers from illegal settlements in Area C. In doing so, the report examines how human rights defenders, including human rights field workers, journalists, medical personnel and volunteers, are targeted and silenced in Area C, in an attempt by Israel to shrink Palestinian space for critical human rights work. During the webinar the report will be discussed and be looked at within the framework of ongoing de-facto annexation. Furthermore, efforts by Israeli and Palestinian human rights organizations to counter this trend and how international actors can contribute to this will be elaborated on.

Furthermore, Sarit Michaeli (B’Tselem) will address Israeli policies in Area C as part of the wider de facto annexation of the area. This will be done in light of the position paper B’Tselem published last week, titled ‘A regime of Jewish supremacy from the Jordan River to the Mediterranean Sea: This is apartheid‘. In the position paper, B’Tselem argues for the first time that Israel should be regarded as an apartheid regime from the Jordan River to the Mediterranean Sea.

Speakers

Sarit Michaeli (B’Tselem) is currently the international advocacy officer for B’Tselem and has been an integral part of B’Tselem’s staff since October 2004. Before becoming the internal advocacy officer she was the organization’s spokesperson for 12 years. Before joining B’Tselem she worked extensively in the fields of journalism, graphic design and translation. In addition, she was active in social change movements, both in Israel and internationally, as well as working with the diplomatic community and international civil society groups. Sarit holds a Master’s Degree (Distinction) in Gender Studies from Birkbeck College, University of London, and a BA in graphic design from Camberwell College of Art, the London Institute. During the webinar, Sarit will discuss B’Tselems recent position paper.

Suha Jarrar (Al-Haq) is a Senior Research and Advocacy Officer with Al-Haq human rights organization – Legal research and advocacy department. Her research and advocacy are in the areas of gender, environment and climate justice within the context of occupation, as well as other widespread human rights violations committed against Palestinians. She holds a Masters of Science degree in Climate Change Science and Policy from the University of Sussex in the UK, and a double Bachelor of Arts degree in Gender and Environmental Studies from Trent University in Canada. During the webinar, Suha will focus on Al-Haq’s work in Area C.

Nils Mollema (formerly Al-Haq) graduated from Leiden University with a master’s in Crisis and security management. After university he worked for Amnesty International Netherlands as country coordinator Israel, OPT and Iran. Nils then joined Al Haq as EU advocacy officer, where he stayed until January 2020. Currently Nils works at ActionAid in Amsterdam. During the webinar, Nils will elaborate on Al-Haq’s report on shrinking space.

Call

Join the Campaign “Facebook, we Need to Talk.”

Post author By ELSC
Post date 26 January 2021
No Comments on Join the Campaign “Facebook, we Need to Talk.”

More than 35 organisations and 31,000 signatories are supporting the campaign “Facebook, we need to talk – and you’re not letting us.” calling the main social media platform to not add Zionist to its hate speech policy.

Right now, Facebook is reaching out to stakeholders to ask if critical conversations that use the term “Zionist” fall within the rubric of hate speech as per Facebook’s Community Standards. Basically, Facebook is assessing if “Zionist” is being used as a proxy for “Jewish people or Israelis” in attacks on its platform.

This move is part of a concerning pattern of the Israeli government and its supporters pressuring Facebook and other social media platforms to expand their hate speech policies to include speech critical of Israel and Zionism.

Facebook says it will make a decision as soon as the end of February 2021.

Why is this happening?

The Israeli government and its supporters falsely claim that equating “Zionist” with “Jew” or “Jewish” will help fight antisemitism. In reality, they hope that that by mischaracterizing critical use of the term “Zionists” as anti-Jewish, they can avoid accountability for its policies and actions that violate Palestinian human rights.

Attempts to stifle conversations about Zionist political ideology and Zionist policies carried out by state actors — both of which have real implications for Palestinian and Israeli people, as well as Jewish and Palestinian people around the world — are part of an emerging pattern of political censorship by the Israeli government and some of its supporters.

What would the result be?

If Facebook does move to restrict use of the word Zionist, this would block important conversations on the world’s largest social media platform, harm Facebook users attempting to connect across space and difference, and deprive Palestinians of a critical venue for expressing their political viewpoints to the world.

What should Facebook do?

Facebook should allow us to hold governments accountable — not shield governments from accountability. It should refuse to cooperate with governments and politicians who are hoping to shut down our conversations and build more walls to keep us apart. That means Facebook should make sure we can discuss, debate, and even disagree about political ideologies like Zionism, about government policies and actions and accountability, and about our lives and families — as part of our commitment to safety for Palestinian people and Jewish people wherever they are in the world.

Why should you support?

We need to talk about the best ways to dismantle antisemitism and all the connected machinery of racism, bigotry, and xenophobia.

We need to talk as Palestinians, with our friends and families and with rest of the world, sharing our experiences about daily life under military occupation and the violence of Zionist settlers.

We need to talk as Jews, discussing and debating our many relationships to Zionist political ideology.

We need to talk about holding the Israeli government accountable, like all governments must be held accountable, by bringing to light violations of human rights on the world’s biggest social media platform.

Facebook, we need to talk.

Read the articles on The Verge and on Mondoweiss

Release

31 Human Rights Organisations, Networks & Trade Unions Demand CAF be included in UN Settlement Database

Post author By ELSC
Post date 17 December 2020
No Comments on 31 Human Rights Organisations, Networks & Trade Unions Demand CAF be included in UN Settlement Database

Read the release in Spanish – Basque – French

The ELSC, together with 30 prominent human rights organisations, networks and trade unions from Palestine and Europe, have submitted a report to the Office of the United Nations High Commissioner for Human Rights (OHCHR) in Geneva, demanding that Construcciones y Auxiliar de Ferrocarriles (CAF) be included in the UN database of businesses involved in Israel’s illegal settlement enterprise. The claim is based on the Basque company’s role in expanding and operating Israel’s Jerusalem Light Rail (JLR), which entrenches Israel’s illegal settlements in occupied Jerusalem.

The UN database of companies involved in Israel’s illegal settlement enterprise was published in February 2020, listing 112 Israeli and multinational companies, including CAF’s Israeli partner in the JLR, Shapir. The OHCHR is mandated to annually update the database. In 2016 and 2017, the UN Human Rights Council deemed the JLR illegal, saying it is “in clear violation of international law and relevant United Nations resolutions.”

The joint report submitted to the OHCHR explains that, “by connecting and facilitating mobility between the settlements, West Jerusalem, and Israel, the JLR substantially contributes to the maintenance and expansion of Israel’s illegal settlements in occupied East Jerusalem and to the entrenchment of Israel’s illegal annexation of the city, ultimately consolidating Israel’s annexation of occupied Palestinian territory contrary to international law.”

Maha Abdallah from the Cairo Institute for Human Rights Studies said: “In carrying out the project in occupied and annexed East Jerusalem, CAF is involved in gross and systematic violations of fundamental human rights against Palestinians.” Abdallah added “The construction of the existing ‘Red Line’ has already resulted in significant expropriation of Palestinian property, while the new ‘Green Line’ will serve the settlement of Gilo among other illegal settlements, whose existence and growth deprives Palestinians access to and use of their land and resources.”

To this end, the OHCHR must fulfil its mandate in its entirety by annually updating the UN database to include companies involved in Israel’s illegal settlement enterprise – as originally mandated by the Human Rights Council in resolution 31/36 of 2016. Wesam Ahmad, Al-Haq’s Business and Human Rights Coordinator, said “The database is an important tool for exposing the economic incentive structure that has allowed a military occupation to mutate into a situation of contemporary colonialism and the role of businesses such as CAF, must be addressed in the annual update.”

Giovanni Fassina, ELSC’s Programme Director said: “The continued operation of CAF in the oPt is illegal under international law. By putting business interests above the rights of Palestinian’s living under a prolonged and illegal occupation, CAF has chosen to put profit before humanity. We hope that by including them on the UN database, CAF will hear the call of civil society and withdraw from the JLR project.”

In February 2020, 70 Basque groups launched a campaign calling on CAF to withdraw from the JLR. Two weeks ago, people all over Basque Country – in Iruña, Bilbao, Gasteiz, and Oñati – protested to demand that CAF stop building the JLR. Kepa Torrijos from Sodepaz, one of the signing organisations from the Basque country said “Groups in the Basque country are working tirelessly to end Basque complicity with Israeli apartheid. We are closely working with trade unions inside of CAF who from the very beginning also called for the company not to participate in the bidding. The key workers council at CAF’s headquarters in Beasain has called for CAF to withdraw from the project. We are also connected with groups all over Europe who are trying to get CAF excluded from public tenders until CAF ends its involvement in Israeli apartheid.”

In addition, Spanish human rights organisations, trade unions in Norway, and civil society groups in the UK are calling on CAF to be excluded from public contracts in their countries due to its construction of the JLR.

On Tuesday, 15 December 2020, Israeli activists blocked construction of the Jerusalem Light Rail in Gilo settlement. They held a banner saying “CAF Get Off Israel’s Apartheid Train” and called for CAF to withdraw from the JLR Project.

Full list of signatories:

1. 11.11.11
2. Al-Haq
3. Amnesty international Spain
4. Association France Palestine Solidarité (AFPS)
5. Belfast Trades Union Council
6. Cairo Institute for Human Rights Studies (CIHRS)
7. CNCD-11.11.11
8. Comité Solidaridad con la Causa Árabe
9. Craigavon Trades Council
10. European Coordination of Committees and Associations for Palestine (ECCP)
11. European Legal Support Centre (ELSC)
12. European Trade Union Network for Justice in Palestine
13. Fagforbundet – Norwegian Union of Municipal and General Employees
14. ICAHD Finland
15. Mundubat
16. Northern Ireland Public Service Alliance (NIPSA)
17. Norwegian People’s Aid
18. Norwegian Union of Railway Workers
19. NOVACT – International Institute for Nonviolent Action.
20. Palestinian Center for Human Rights (PCHR)
21. Palestinian Human Rights Organizations Council (PHROC) and its members:

Al-Haq, Law in the Service of Mankind.
Al Mezan Center for Human Rights
Addameer Prisoner Support and Human Rights Association
Palestinian Center for Human Rights
DCI – Defense for Children International – Palestine
Jerusalem Legal Aid and Human Rights Center
Aldameer Association for Human Rights
Ramallah Center for Defense of Liberties and Civil Rights
The Independent Commission for Human Rights (Ombudsman Office) – Observer Member
Muwatin Institute for Democracy and Human Rights – Observer Member

22. Paz con Dignidad
23. Plateforme des ONG françaises pour la Palestine
24. Sodepaz
25. SUDS
26. The Centre for Research on Multinational Corporations (SOMO)
27. The Rights Forum
28. Transnational Institute (TNI)
29. Union Syndicale Solidaires
30. War on Want
31. Women in Black (Vienna)

Case Update

German court ruled the denial of public spaces for BDS events is violating fundamental rights

Post author By ELSC
Post date 8 December 2020
No Comments on German court ruled the denial of public spaces for BDS events is violating fundamental rights

On 4 December, the city of Frankfurt has been ordered by a temporary injunction from the Administrative Court of Hessen to provide a venue to the Bundestag 3 for Palestine (BT3P) campaigners to host an event.

As the Bavarian Administrative Court, the Cologne Administrative Court and the Lower Saxony Higher Administrative Court, the Hessian Administrative Court ruled that it could not find any antisemitic claims in the BDS movement and thus lifted all room bans for BDS activists and supporters.

This is another significant victory for the right to boycott and an encouraging support to the ongoing lawsuit brought by BT3P asking to nullify the 2019 Bundestag anti-BDS motion.

ELSC Featured in a Documentary about Weaponisation of Antisemitism

Post author By ELSC
Post date 30 November 2020
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We are pleased to share with you a documentary just released on the repression of advocates for Palestinian rights and the weaponisation of antisemitism in Germany: Watch “Censoring Palestine: The Weaponisation Of Anti-Semitism“ on YouTube (subtitles in English, German, French and Arabic).

The 25-minute video includes interviews with a number of Palestinian rights defenders, artists and experts, as well as representatives of Israel lobby organisations in Europe.

Giovanni Fassina, ELSC Programme Director, is interviewed at several points about the legitimacy of the BDS movement and the dangerous conflation of antisemitism with critics of Israel’s policy; along with Dr Shir Hever, a renowned political economist.

The documentary was produced by Souleyman Messalti, a French born film maker, and host by Dan Glass, an award-winning activist and writer, for Redfish media.

We hope you will find it interesting!

Tags Documentary

Case Update

We are suing the German Bundestag over its 2019 anti-BDS motion

Post author By ELSC
Post date 18 September 2020

Over the past months, the ELSC has been assisting the Berlin-based lawyer Ahmed Abed who is representing three plaintiffs in a lawsuit brought before the Administrative Court of Berlin challenging the lawfulness of the anti-Boycott, Divestment and Sanctions (BDS) motion passed by the German Bundestag on 17 May 2019. The public campaign Bundestag 3 for Palestine (BT3P) is raising awareness and support for the lawsuit. We hope you will be able to support it through your network and channels.

What the case is about

The action aims to nullify the Bundestag anti-BDS motion based on its violation of the fundamental rights of freedom of expression and assembly both under German law and the European Convention on Human Rights (ECHR – Article 10 and Article 11).

The plaintiffs are: Judith Bernstein, a Jewish German activist born in Jerusalem; Amir Ali, a Palestinian German citizen whose family was displaced from Haifa during the Nakba in 1948; and Christoph Glanz, an anti-racism and Palestinian rights activist.

“What unites us three plaintiffs is our unconditional commitment to human rights. We oppose all forms of racism, discrimination and oppression without any exception. Our commitment to the Palestinian cause and BDS arises from this very obligation and these values,” states their principles.

Called “Resisting the BDS movement decisively – fighting antisemitism”, the Bundestag motion claims without any basis that “the pattern of argument and methods of the BDS movement are antisemitic”. Consequently, it calls on all authorities to withhold funding, and deny public spaces to organisations or groups that show support for the BDS movement.

Although the Bundestag motion is not legally binding, states (Länder), municipalities and local authorities as well as private companies de facto comply with it. Moreover, several states and cities had already adopted similar motions since 2017.

The dangerous conflation of the movement with antisemitism rests upon the acceptance of the International Holocaust Remembrance Alliance’s (IHRA) Working Definition of Antisemitism – which is quoted in the Bundestag anti-BDS motion – that allows for an illegitimate and inaccurate amalgam of antisemitism and criticism of the State of Israel.

These have created a significant chilling effect on advocates for Palestinian rights in the country: German and international artists, intellectuals and academics have had invitations to events or prizes withdrawn, speeches cancelled and applications for public spaces denied, in direct violation of their fundamental rights.

Why you should support
The ELSC has mobilised resources to assist lawyer Abed in the preparation of the case. Among others, we provided the expert opinion “Legal implications of the anti-BDS Decision adopted by the German Bundestag on 17 May 2019” signed by four professors of international law (Eric David, Emeritus Professor of International Law at the Université Libre de Bruxelles; Xavier Dupré De Boulois, Professor of Law of Fundamental Rights and Freedoms at Université Paris 1 Panthéon-Sorbonne;

Richard Falk, Emeritus Professor of International Law, Princeton University and Chair of Global Law, Faculty of Law, Queen Mary University London; and John Reynolds, Lecturer of Public International Law and Programme Director of the International Justice LL.M at the National University of Ireland Maynooth).

Submitted to the court on 15 July 2020, the opinion demonstrates that the Bundestag motion is incompatible with European and international human rights standards. We are now waiting for the court to set a hearing date.

The ELSC and lawyer Abed have already successfully carried out legal actions against local anti-BDS motions. On 13 September 2019, the Administrative Court of Cologne thwarted the City of Bonn’s anti-BDS motion, ruling it is unlawful and undermined the fundamental right of freedom of expression as well as freedom of assembly protected under Article 5(2) of the Basic Law. Furthermore, the recent landmark judgement of the European Court of Human Rights (ECtHR) in the case Baldassi and Others v. France confirmed and reinforced that the call to boycott is a citizen’s right, and a legitimate tool of protest that falls within the freedom of expression protected by Article 10(1) of the ECHR.

This lawsuit aims to stop the use of soft law instruments for criminalising peaceful activities calling on Israel to comply with International law. This is a crucial legal battle for freedom of speech; the first of its kind at federal level.

Support us by spreading the word about the lawsuit, organising discussion rounds and lectures, donating to cover the costs of the lawsuit or by publicly speaking out for freedom and justice for Palestinian people.

#BT3P #RightToBoycott #RightToBDS #FreedomOfExpression #NoIHRA

Read our case summary

Case Update

Best Quotes of the Milestone Judgement for the Right to Boycott

Post author By ELSC
Post date 12 June 2020

European Court of Human Rights logo

Thursday 11 June 2020 marked a decisive victory for freedom of expression of Palestinian rights defenders in Europe. The European Court of Human Rights Court (ECtHR) rendered its judgement, unanimously ruling that the French highest court’s criminal conviction of BDS activists campaigning for a boycott of Israeli products violated their freedom of expression, protected by article 10 of the European Convention on Human Rights.

In 2009, 11 campaigners advocating for Palestinian rights were charged with ‘incitement to economic discrimination’ under an anti-discrimination law of 1881 for distributing leaflets in supermarkets in eastern France calling for the boycott of Israeli goods. They were sentenced with a suspended fine of €1,000 and €7,000 in damages in 2013 and France’s highest appeals’ court upheld the convictions in 2015, positioning the country as the only democracy where the call for a boycott by a citizens’ movement to criticize the policies of a third state is prohibited.

The ECtHR ruling provides that “the Court considered that the applicants’ conviction had lacked any relevant or sufficient grounds,” and that the call to boycott is a citizen’s right, a legitimate tool of protest, as long as it is motivated by criticism of a state and its policies. Therefore, it is not in itself discriminatory and should be considered in the light of all the circumstances.

Moreover, the court stresses that the respect of international law by Israel and the human rights violations in the occupied Palestinian territory are subjects of general interest, part of a contemporary debate, open in France and throughout the international community.

In addition to the judgement, Judge O’Leary expressed a partly dissenting opinion arguing there is also a violation of article 7 of the European Convention on Human Rights (no punishment without law) as claimed by the applicants since they were convicted on the basis of section 24(8) of the Law of 29 July 1881 on freedom of the press of ‘incitement to economic discrimination’, whereas that law doesn’t cover economic discrimination.

This ECtHR decision is a clear message to all European states that are misusing anti-discrimination laws to target peaceful activists campaigning against human rights violations perpetrated by Israel. The BDS movement is beyond any doubt an anti-racist and anti-discriminatory movement pursuing a legitimate human right agenda for Palestinian freedom, justice and equality.

Here are the best quotes from the judgement:

It is undisputed that a call for a boycott of Israeli products falls under the right of freedom of expression protected by article 10 ECHR.

1. “The applicants’ conviction amounted to an “interference” with their freedom of expression. Moreover, this aspect did not give rise to any controversy between the parties.” (§58)

2. “The boycott is above all a means of expressing an opinion of protest. The call for a boycott, which aims to communicate those views while also calling for specific actions linked to them, therefore falls within the scope of the principle protected by Article 10 of the Convention.” (§63)

3. “The call for a boycott is, however, a special modality of exercising freedom of expression in that it combines the expression of a protesting opinion and encouraging differential treatment so that, depending on its circumstances, it may to constitute a call for discrimination of others. The call for discrimination falls within the scope of the call for intolerance, which, together with the call for violence and the call for the hatred, is one of the limits not to be exceeded under any circumstances in the context of the exercise of freedom of expression (see, for example, Perinçek, cited above, § 240) However, incitement to differential treatment does not necessarily amount to incitement to discriminate.” (§64)

4. “On the other hand, the applicants obviously sought to provoke or stimulate the debate among consumers in supermarkets by carrying out the actions calling for a boycott that led to the prosecution they denounce before the court.” (§70)

5. “The Court goes on to observe that the applicants have not been convicted for uttering racist or antisemitic remarks or for calling for hatred or violence. Nor have they been convicted for violence or for causing damage during the events of the 26 September 2009 and 22 May 2010. It is also very clear from the record that there was no violence or damage. The hypermarket in which the applicants carried out their actions, moreover, were not a party to the civil proceedings before the domestic courts.” (§71)

Political discourse, such as BDS, is matter of general interest and is essential in a democratic society.

6. “In other words, the internal [French] judge did not establish that, with respect to the circumstances of the case, the applicants’ conviction on the grounds of their call for a boycott of products from Israel was necessary, in a democratic society, to achieve the legitimate aim pursued, namely the protection of the rights of others, in the sense of the second paragraph of Article 2(2) of the Convention paragraph of Article 10.” (§77)

7. “A detailed motivation, however, was all the more essential in this case where Article 10 of the Convention requires a high level of protection of the right to freedom of expression. On the one hand, the actions and comments of the applicants concerned a subject of general interest, that of the State of Israel’s respect for public international law and the human rights situation in the occupied Palestinian territories, and were part of a contemporary debate, open in France as well as in the entire international community. On the other hand, these actions and statements were political and militant. The Court has repeatedly pointed out that Article 10-2 leaves little room for restrictions on freedom of expression in the area of political discourse or matters of general interest.” (§78)

8. “Political discourse by its very nature is a source of controversy and is often virulent. It is still in the public interest, however, unless it degenerates into a call for violence, hatred or intolerance. The latter is the limit that must not be exceeded. » (§79)

9. “The Court concludes from this that the applicants’ conviction is not based on relevant and sufficient grounds. It is not satisfied that the judge has applied rules that are in conformity with the principles enshrined in Article 10 and based on an acceptable assessment of the facts.” (§80)

Statement

Joint Open Letter to the Office of the Prosecutor of the International Criminal Court: Time to Investigate Crimes in Palestine, Time for Justice

Post author By ELSC
Post date 7 May 2020

Along with 180 civil society coalitions and organisations, ELSC signed the Open Letter that was submitted to the Prosecutor of the International Criminal Court, Fatou Bensouda, on 29 April. We express our strong support for the opening of an investigation into Israeli war crimes and crimes against humanity committed in the Occupied Palestinian Territory, which was initiated by Bensouda in December.

Your Excellency Fatou Bensouda,

On 20 December 2019, following almost five years of preliminary examination, the Prosecutor of the International Criminal Court submitted to the Pre-Trial Chamber a request for a ruling on the Court’s territorial jurisdiction in Palestine indicating that “war crimes have been or are being committed in the West Bank, including East Jerusalem, and the Gaza Strip” and that she had “identified potential cases arising from the situation which would be admissible.” Further, the Prosecutor was satisfied that the Court’s territorial jurisdiction extended to the “Palestinian territory occupied by Israel” since June 1967, “namely the West Bank, including East Jerusalem, and Gaza.”

The undersigned 180 Palestinian, regional, and international coalitions, organisations, and individuals, led by and including Palestinian coalitions representing over 200 Palestinian civil society organisations, overwhelmingly support the Prosecutor’s findings submitted to the Pre-Trial Chamber. We urge that in light of the pervasive climate of impunity, which has prevailed for over five decades in the occupied Palestinian territory, that perpetrators of war crimes and crimes against humanity committed in Palestine must be held accountable at the International Criminal Court.

On 28 January 2020, the Pre-Trial Chamber invited amicus curiae submissions on the question of territorial jurisdiction to be submitted to the Court. This led to the submission of 43 amicus curiae briefs, comprising eight submissions from States parties, including the State of Palestine, and a further two from intergovernmental organisations. Of these, the League of Arab States, representing 22 States, and the Organization of Islamic Cooperation, representing some 57 States, all of which recognise the State of Palestine and its exclusive sovereignty, submitted in support of the Prosecutor’s findings. These States represent only a fraction of the 137 States that bilaterally recognise the State of Palestine.

Academics, bar associations, including the Palestinian Bar Association, and non-governmental organisations filed compelling amicus curiae submissions in support of the Prosecutor’s findings. Palestinian Professors Asem Khalil and Halla Shoaibi of Birzeit University in Palestine outlined how “sovereignty remains with the occupied State” and that any reliance on the Oslo Accords should be dismissed as a violation of the right of the Palestinian people to self-determination. Because the Oslo process “did not deal with the issue of international crimes, the Accords cannot be interpreted as having intended to prevent the State of Palestine from delegating jurisdiction over such crimes to an international court”.

Additionally, Palestinian lawyer and refugee, Mr. Ismail Ziada, of International-Lawyers.org, whose family home in the Al-Bureij refugee camp in the Gaza Strip was targeted in an Israeli military airstrike in 2014, killing six members of his family, supported the Prosecutor’s contention that the Oslo Accords cannot override the right to self-determination of the Palestinian people. Further, nine substantial submissions filed by Palestinian and international lawyers representing Palestinian victims, with many files representing hundreds of victims from the occupied West Bank, including East Jerusalem, the Gaza Strip, and the Palestinian diaspora, outlined how the State of Palestine has territorial jurisdiction over crimes, including the crime of persecution in the occupied Palestinian territory.

Palestinian human rights organisations Al-Haq, Al Dameer Association for Human Rights, the Palestinian Centre for Human Rights (PCHR), and Al Mezan Center for Human Rights, meanwhile, have urged an immediate and comprehensive criminal investigation to bring an end to the pervasive climate of impunity enjoyed by Israeli perpetrators of war crimes and crimes against humanity, and that an investigation by the International Criminal Court encompass all parts of the occupied Palestinian territory. Palestine has maintained its rightful sovereignty since the British Mandate period over territory beyond the Green Line and, therefore, any criminal investigation mounted by the Prosecutor must encompass at a minimum, the West Bank, including East Jerusalem, and the Gaza Strip, including its territorial waters and exclusive economic zone.

While the above described amici filings demonstrate concrete and emphatic support for the Prosecutor’s findings, we are cognizant of the fact that there is even broader and more widespread support from within Palestine, regionally, and internationally for an investigation by the International Criminal Court into war crimes and crimes against humanity committed in the occupied Palestinian territory, including crimes committed against civilian health workers, journalists,and children. Moreover, we are concerned that the amici input from European States in opposition to the Prosecutor, fails to represent the positions of civil society organisations from those countries, who have long supported the work of Palestinian civil society organisations in their pursuit of human rights, justice, the rule of law, and accountability at the International Criminal Court. Accordingly, we submit this letter for your consideration ahead of your 30 April 2020 filing to the Pre-Trial Chamber.

Together, the undersigned organisations, coalitions, and individuals, emphatically support the Prosecutor’s finding that there is a reasonable basis to believe that war crimes and crimes against humanity have been and are being committed in the occupied Palestinian territory, that the International Criminal Court can properly exercise its jurisdiction over the entire territory of the State of Palestine, and fully support without any further undue delay, the opening by the International Criminal Court of a full and thorough investigation into international crimes committed in the West Bank, including East Jerusalem, and the Gaza Strip. For the Palestinian people, the International Criminal Court is truly a “court of last resort.” It is time for justice. It is time for an investigation.

Yours Sincerely,

See the signatories on Al Haq website

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