Tag: Anti-Palestinian Racism

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Newsletter

ELSC Updates & Recent Victories for the Defence of Palestinian Rights Advocacy in Europe

Dear Friend,   

In the past weeks and months, we have joined forces with many of you who are mobilising tirelessly for an end to Israel’s heinous crimes against Gaza. In the first 2 months of 2024 alone, we’ve fought some crucial battles and secured a number of victories for the movement – which we bring to you in this month’s newsletter.   

JUSTICE & ACCOUNTABILITY 

Accountability Now: Palestinians Sue German Government Officials for Enabling the Genocide in Gaza  

Last month, we supported a group of German lawyers – representing families of two Gazans – who filed a criminal complaint against German Government officials, including Chancellor Olaf Scholz, for the crime aiding and abetting genocide against the Palestinian people in Gaza by providing Israel with weapons and other material support. We continue to make clear that the time for impunity is over.  

READ MORE ABOUT IT IN GERMAN & IN ENGLISH  

Share on X and Instagram  

Freedom for Palestine! Democracy for Germany!  

 We have joined forces with activist groups and organisations coming together in the Kufiya Network in a collective call against the repression of the Palestine solidarity movement in Germany. Together, we reject the construction of a ‘reason of state’ that forces on us ‘an unconditional solidarity’ with war crimes, and the criminalisation of any resistance to the occupation.  

READ THE STATEMENT HERE

Accountability for EU Complicity with Israeli Illegal Settlements: A New Legal Victory Highlights the EU Commission’s Shortcomings  

After discovering that the European Commission (EC) was violating its own rules around the funding of projects involving Israeli entities, an activist with ICAHD Finland, with the support of the ELSC, recently got the EU Ombudsman to issue an important decision which confirmed that any entity established in the Israeli illegal settlements in the OPT should be excluded from EU cooperation projects. It highlights the failure of the EC in making sure that those responsible for violating these principles are properly held accountable.  

Share this legal win!

READ MORE

Help us keep up our battles! 

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FIGHTING REPRESSION IN THE UK

Science Secretary withdraws allegations against members of the UK Research and Innovation (UKRI) for expressing solidarity with Palestinians and will be forced to pay damages! Professor Kate Sang and Dr Kamna Patel of UKRI were baselessly accused by the Science Secretary Michelle Donelan of sharing ‘extremist views’ for reposting a Guardian article about the aftermath of 7 October and for expressing concern over Israel’s actions in Palestine on their social media, solely drawing from smears published by lobby group Policy Exchange. They reached out to the ELSC and we connected them with lawyers on the ground who helped them take legal action against the Science Secretary for her unfounded and outrageous allegations. UKRI has now concluded they were not in breach of the terms of their appointment. 

READ MORE & AMPLIFY

These are not isolated attacks.   

Jewish Chronicle is once again forced to apologise to Palestinian scholar Nimer Sultany for publicly smearing him! Dr Sultany’s emblematic victory back in December 2023 continues to expose the ongoing pattern of character assassinations aimed at silencing Palestinian and allied voices. The Jewish Chronicle rectified the article that drummed up false allegations against Dr Sultany and were forced to apologise to him after he filed a complaint to the Independent Press Standards Organisation (IPSO) with ELSC support.   

In this difficult moment, our collective mobilisation is more crucial than ever.  

Toolkits to empower the UK solidarity movement! Together with the British Society for Middle Eastern Studies (BRISMES) and University and College Union (UCU) representatives, we have produced a toolkit to ensure safeguarding your rights as employees in Higher Education in England and Wales.  

Amena El Ashkar’s struggle against the UK government! Join us in solidarity with Amena, a third-generation Palestinian refugee and highly respected journalist, who is challenging the Home Secretary’s denial of her student visa. Despite receiving a full scholarship to continue her PhD studies at LSE, her visa denial was  “certified personally” by Suella Braverman on the basis that her presence in the UK would not be in the public interest.   

Amena shared that her acceptance into the PhD programme at LSE ‘was a source of immense pride, not just my family and friends, but for the entire community in the camp’.

Shatila Camp drawn by Matt Chun. For more see: http://mattchun.com.

But on 30 January 2024, a High Court judge publicly “rebuked” the Home Secretary’s ‘grave’ and ‘shockingly poor’ conduct in handling the visa challenge of Amena. We are now waiting for the UK Home Secretary to issue a fresh decision.   

SOLIDARITY WITH SHAHD!

FIGHTING REPRESION IN THE NETHERLANDS AND SWITZERLAND  

Support two Palestine activists arrested in The Hague! Two activists of the solidarity movement in the Netherlands who were recently arrested by Dutch police during a sit in at The Hague train station are challenging their chargeswith the help of a lawyer. One of them, a Palestinian woman, was arrested for criticising the police as they tried to take away her megaphone. The other activist was stopped when shouting “Free Palestine” as she walked through the station. By challenging their charges, we send a message to The Hague’s police department that they cannot interfere with our right to speak up and protest genocide! 

DONATE HERE

NGO worker is challenging his unfair dismissal after denouncing ethnic cleansing on X! After speaking out via a X (formerly Twitter) on his personal capacity, posting in support of Palestinians in Gaza during the first days of Israel’s genocidal campaign, Ousman Noor’s employment contract was terminated. The reasons for dismissal were never clarified. Ousman has now filed a lawsuit against his former employer. Share his call. Ousman is almost there with crowdfunding the necessary funds to cover his legal fees but needs a last little push. If you want to help him, donate here – the crowdfunding expires on 18 March!  

MORE VICTORIES FOR OUR MOVEMENT  

Our rallying cry “from the river to the sea, Palestine will be free!” is once again unable to be suppressed! In Prague, activists won another legal battle against the attempts to censor “from the river to the sea, Palestine will be free” (see here about attempts in Germany and recent victories). In December 2023, the City of Prague banned a demonstration because the slogan would be used, but activists pushed back and went to court. The court has since ruled that this slogan cannot be understood as violent and antisemitic, and that the Municipality had no right to ban the demonstration. Read their statement here.  

The Netherlands forced to stop export of F-35 fighter jet parts to Israel! Last month, the Court of Appeal in The Hague ordered the State to stop the export of F-35 fighter jet spare parts to Israel. This is a big win for the tireless advocacy of organisations like The Rights Forum, PAX for peace, and Oxfam! The court ruled that the State should have revoked the export license in light of Israel’s violations of basic principles of humanitarian law in its assault on Gaza. Importantly, the Court also held that political or economic considerations cannot play a role in assessing the revocation of such export licenses.  

READ MORE

TRACKING AND DOCUMENTING REPRESSION  

Let’s connect our monitoring efforts to build strong and effective advocacy strategies across countries! In the past years, the ELSC has established a monitoring database that tracks and reveals all forms of anti-Palestinian repression in numbers, patterns, mechanisms, actors, and detrimental effects. It builds on a comprehensive glossary of terms, definitions and concrete examples, as well as a developed methodology for analysis to expose patterns and scandalise anti-Palestinian racism, colonial narratives, and Zionist disinformation. Let’s Join forces across countries! 

Protest photo credits: Rasha Al Jundi. For more on Al Jundi’s work see here: https://www.rashajundi.com.
CLICK HERE FOR MORE INFORMATION

ELSC EVENTS

Know Your Rights Series – Germany  

We have been running a series of Know Your Rights online sessions for people in Germany, featuring our Germany Legal Officer and lawyers from our network. Hundreds of people across Germany joined us to learn collectively about our rights when it comes to protests, the use of Palestine solidarity slogans, police violence, residency status and more. 

‘A land without peace’ – University of Milan  

We have participated in a seminar organised by the University of Milan on the 5th of March, where we presented our legal work within the wider context of the Palestine solidarity movement and the growing repression across Europe post 7 October.   

Palestine solidarity events – Online   

In the past months, we have participated in a number of solidarity events with Palestine organised across Europe, in which we have spoken about countering discrimination and intimidation, international solidarity and activism for a ceasefire, censorship in Germany or legal responses to the colonial assault on Gaza with Catalan organisations, including the Centre for the Defence of Human Rights IRÍDIA.

ELSC IN THE MEDIA

No country for Palestinians: a chronicle of suppression and resistance in Germany  

German state and police response to Palestinian solidarity protests since 7 October, especially in the first weeks, has been unabashedly severe. From 11 to 20 October alone, we counted 600 detentions in Berlin, including of minors among those showing solidarity with Palestine, alongside a series of criminal and administrative proceedings.   

The historical and systematic censorship of Palestinian narratives and lived realities is often framed in the language of individual and isolated cases. In collaboration with our Monitor Project, Untold Stories Media has visualised our data to shed light on colonial and orientalist roots of anti-Palestinian repression in Germany, and (hi)stories of Palestinian resistance and steadfast defiance. Written by Nora Ragab.   

 READ THE ARTICLE HERE IN ENGLISH 
& IN ARABIC  

Share on Instagram & X  

Rai News: Spotlight. Affairs, politics and rights in the West Bank  

Our empower work has appeared on the Italian TV programme RaiNews ‘Spotlight’, where our legal officer spoke about the ‘Don’t buy into Occupation’report and the complicity of European financial institutions in colonies in the West Bank.

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SUPPORT OUR WORK

JOIN THE ELSC COMMUNITY OF SUPPORTERS

We are proud to be in community with you. As you continue to organise and take action, make sure to visit our Know Your Rights resources and continue to report any form of repression.  

In solidarity,   

The ELSC  

Categories
Statement

Justice for Palestine: we will not be deterred nor silenced 

In light of the heinous actions of the State of Israel against the Palestinian people, and the extension of its oppressive structures onto Palestinians and their supporters in Europe, the ELSC expresses its unwavering solidarity with the Palestinian people in their struggle for liberation and justice against colonial oppression and apartheid. As a legal organisation supporting the Palestine solidarity movement in Europe, we stand alongside all those who are carrying the cause, taking a stand and challenging the violent complicity of European states and institutions that enables Israel’s ceaseless colonial violence and its seemingly ever-lasting impunity.  

As we stand witness to the most atrocious crimes against humanity, with our Palestinian partners and independent experts warning of the crime of genocide against the Palestinian people, we are witnessing a serious increase of anti-Palestinian racism in the European Union (EU) and the United Kingdom (UK). 

The large demonstrations taking place in many European cities, despite outrageous attempts to ban and repress solidarity in many places with extreme force, have shown that people are undeterred and refuse to be silenced. Now as ever, we reiterate our support to all advocates for Palestinian rights in the EU and the UK who are facing censorship, smear campaigns, sanctions, racist attacks and despicable police brutality. 

We recall that the right to resist and struggle for freedom from colonialism, apartheid and foreign occupation, and to speak up against decades-long human rights violations, is fundamental and protected by law. 

At the ELSC, we are currently devoting all our efforts to monitoring all forms of repression against the Palestine solidarity movement in Europe, including the UK. We are receiving numerous reports and requests but due to our limited resources (human and financial), we are intervening in support of the most urgent cases and connecting those facing incidents of repression to our network of lawyers. All communication is registered and we are coordinating support.  

At this critical moment, we urge you to: 

  • Report all incidents of repression and request support here: https://elsc.support/intake
  • Stay safe by consulting the ‘know your rights’ resources below if you are engaging in protests, direct actions or posting online. Follow along for the ELSC’s ‘know your rights’ resources
  • Send any footage or video showing repression to info@elsc.support, including the location and date of the incident
  • Report anti-Palestinian content online to 7amleh here in Arabic and here in English 
  • Donate to Medical Aid for Palestinians, which is responding to the current emergency in Gaza 
  • If you can support our work with a financial contribution, please donate to the ELSC
  • If you would like to volunteer with us, please complete this form
  • For translators and interpreters, please apply here to volunteer

‘KNOW YOUR RIGHTS’ RESOURCES 

Germany:

UK:

France:

Italy:

ONLINE

If you are threatened or harassed online, check this guide by CrimethInc on Prevention and Aftercare for Those Targeted by Doxxing and Political Harassment

10 things to remember when reporting on Palestine by PIPD 

The ELSC is working on additional resources for Germany, The Netherlands, and the UK. New resources will be released soon.  

Categories
Case Update

VICTORY: “From the river to the sea” is protected speech, Dutch court rules! 

At a time when expressions of support for the Palestinian cause are facing criminalisation at utterly unprecedented levels across Europe, we draw attention to the Dutch court ruling: “From the river to the sea” fully legitimate!

What happened? 

After a Dutch activist gave a speech at a Palestine solidarity rally in May 2021 in Amsterdam, he was reported to the police by a supporter of Israel for ‘inciting hatred and violence against Jews’ by shouting ‘from the river to the sea, Palestine will be free’ and expressing support for ‘Palestinian resistance’. 

The Dutch public prosecutor, however, refused to prosecute the activist, saying that the pro-Palestinian slogans he used are ‘are subject to various interpretations’ rather than calls for illegal conduct. The prosecutor added that they found the expressions ‘to relate to the state of Israel and possibly to people with Israeli citizenship, but do not relate to Jews because of their race or religion’.  

What was the role of the ELSC?  

After the prosecutor refused to prosecute the activist, the pro-Israel individual complained to the Amsterdam Court of Appeal against the prosecutor’s decision. This is when the ELSC stepped in and helped the activist find a lawyer from our network, Willem Jebbink. We also provided an academic expert to assist the lawyer in writing a defence statement. After more than two years, on the 15th of August, the court confirmed that the activist had not committed a criminal offence when chanting the slogan ‘From the river to the sea, Palestine will be free’. The court’s decision is final and cannot be appealed. 

Why is this an important victory? 

Some European states have weaponised the events of October 7th, 2023, enforcing unprecedented levels of repression against the Palestine solidarity movement in Europe. We are witnessing extraordinary restrictions being imposed on virtually all expressions of solidarity: Palestinian flags and kuffiyeh scarves are being banned and protest rallies are being systematically prohibited. The slogan ‘from the river to the sea’ is also increasingly being used as justification for repression on the false premise that it incites violence against the Jewish people. 

The strategy behind portraying this slogan as antisemitic is to equate anti-Zionism with antisemitism and silence discussion around and advocacy for the Palestinian cause. ‘From the river to the sea, Palestine will be free’ holds incredible significance to all Palestinians because it reaffirms the right of return, the liberation of Palestine and freedom for the Palestinian people. It represents a political manifesto increasingly recognised around the world: justice for all Palestinians in historic Palestine and in exile.  

In view of Professor Marc Lamont Hill’s dismissal from U.S.-based news network CNN for expressing this very slogan, as well as the prosecution of several activists in Germany for chanting it, which is prohibited under a very limited reading of its significance, we welcome the Dutch court’s decision to protect human rights and political freedoms over Western states’ interests in repressing solidarity!  

With our help, this activist won this important legal battle. Both the public prosecutor and the court concluded that the slogan is not punishable and thus not worth prosecuting. This is a victory for all Palestinians and Palestinian rights activists, especially in these times of unprecedented anti-Palestinian racism and repression. 

Through collective action, we can succeed. This was only made possible thanks to your continuous support and deep dedication!  

SHARE THIS VICTORY 

As attacks against Palestinian rights advocacy continue in The Netherlands and elsewhere in Europe, we invite you to join us in supporting the Palestinian struggle for liberation. Help us defend the right to advocate for justice! 

DONATE 

Any donation, large or small, will make a huge difference. We are stronger together! 

In solidarity, 

The ELSC team 

 

Categories
Newsletter

Summer Updates & Recent Victories for the Defence of Palestinian Rights Advocacy in Europe

Dear friend,
We stand in solidarity with the Palestinian people facing mass repression in Jenin and everywhere else in the world. We have been kept very busy these past few months as Europe carried on with its concerted efforts to silence Palestine, and would now like to share with you some updates covering the period from April to July. The movement perseveres, and we have many victories to report!

HELP US KEEP UP OUR WORK

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VICTORIES & CASE UPDATES

DOCUMENTA FIFTEEN CHARGES OF ANTISEMITISM DROPPED

In April 2023, Kassel’s Public Prosecutor dropped the charges of antisemitism concerning some artwork presented at the 15th edition of the renowned documenta art festival in Kassel, specifically targeted Palestinian artists and one artwork of an Indonesian artist displaying a pig and an Israeli Mossad agent.  

Documenta fifteen, which was curated by Jakarta-based artists’ collective Ruangrupa and largely featured artists from the Global South, faced months of major smear campaigns for hosting Palestinian collectives and exhibits of Palestine solidarity. 

The Prosecutor balanced the allegations with artistic freedom and context. To read the full declaration of the Prosecutor, contact us.

READ MORE

MAJOR UK ART CENTRE APOLOGISES AFTER ASKING SPEAKER TO AVOID TOPIC OF ‘FREE PALESTINE’

After asking Palestinian speaker Elias Anastas, a co-founder of the Palestine-based Radio Alhara, to avoid discussing ”free Palestine” at length during a livestreamed talk on the radical possibilities of radio, the Barbican Centre has now apologised for its intervention calling it an “unacceptable and a serious error of judgement”. The ELSC has advised Artists for Palestine UK, a network of pro-Palestinian artists and culture workers, who have successfully defended this crucial case against the silencing of Palestine! 

GERMAN BROADCASTER DEUTSCHE WELLE TO COMPENSATE JOURNALIST FARAH MARAQA FOR UNLAWFUL DISMISSAL

German public broadcaster Deutsche Welle (DW), which fired seven Arab journalists in February 2022 based on allegations of antisemitism, will compensate journalist Farah Maraqa for unlawful dismissal and cover the legal fees, following the Court’s decision on 28 June. More will follow on the DW cases and the legal ramifications of the judgement. Stay tuned! 

SUPPORT BDS AUSTRIA’S BRAVE BATTLE AGAINST THE MUNICIPALITY OF VIENNA  

BDS Austria is still fighting the Municipality’s unjust Strategic Lawsuit against Public Participation (SLAPP) targeting them for posting a picture of the famous “Visit Apartheid” poster stuck on a billboard along with the City’s logo in 2021.  

FIND OUT MORE

What happened in court on 14 July? After the Municipality of Vienna sent a scandalous settlement offer to the activist, the activist’s lawyer stated the reasons why they refused this proposal: the Municipality proposed withdrawing its complaint in exchange for payment of € 17,838.81, which is more than the damages requested in the trial. Moreover, the settlement proposal included a gagging clause preventing the BDS Austria activist from claiming that the City of Vienna had filed “SLAPP lawsuits” and/or “abusive lawsuits” against members of BDS! The judgement is expected to be delivered in a couple of months. The activist and their lawyer Elisabetta Folliero are ready to go up to the European Court of Human Rights to protect fundamental rights, and we will be there every step of the way to support them! We will not let this shameful affront to democracy and free speech stand!

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📣 Join us in solidarity with BDS Austria – against the silencing of voices for justice; for the right to solidarity and freedom of expression!📣

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AFFY AND ALIYA’S COURT HEARINGS AGAINST THE FINANCIAL GIANT LLOYDS BANK POSTPONED

Affy and Aliya’s hearings against Lloyds Bank have been postponed to 2024. The two women are fighting Lloyds’ discriminatory treatment after the bank sanctioned them for speaking out in support of Palestinian rights. Although their call for justice has been delayed, we will not let it go unanswered! 

Join us and our dedicated supporters like James and Nicola in reaffirming Affy and Aliya’s unity and hope as they continue to fight the violation of their rights and institutionalised racism!

DONATE

⚖️ Will you help us win more cases? ⚖️

Consider a monthly donation to the ELSC. Every donation, no matter how small or large, makes a difference.

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ELSC NEW REPORT

In June, while the US Administration was releasing its strategy to combat antisemitism and the UN working on its own, we launched our new report exposing the harmful impacts of the IHRA Working Definition of Antisemitism (IHRA WDA) – which conflates antisemitism with criticism of Israel – on the freedoms of expression and assembly in the EU and the UK. The report is the first case-based account of human rights violations resulting from the institutionalisation and application of the controversial IHRA definition by the European Union and the UK.

Our case studies unmask the biased arguments of the European Commission which has ignored and concealed the the repressive realities of the IHRA WDA for years.  

READ MORE HERE

It is time for EU institutions to recognise that the use of the IHRA WDA is infringing fundamental freedoms, causing real harmful effects for individuals and groups exercising their right to free speech in the name of justice! 
 

📣 SHARE on Twitter, Instagram, LinkedIn and Facebook and see more in our toolkit 📣 

RIGHT TO BDS

THE RIGHT TO BOYCOTT COALITION TO PUSH BACK AGAINST ANTI-DEMOCRATIC BILL IN THE UK 

The ELSC has joined a coalition of civil society organisation made up of trade unions, charities, NGOs, faith, climate justice, human rights, cultural, campaigning, and solidarity organisations, in opposing the UK government’s proposed law to stop public bodies from advocating for or participating in boycott.  

WATCH THE VIDEO

After a first vote in Parliament, the bill will be debated again in September. What can you do to help protecting our collective rights? 

SIGN THE PETITION

Do you live in the UK? Write to your MP and ask your Councillors to sign this open letter.

Are you a student in the UK? Check here how the bill would affect your activities and organise to oppose it! 

Check all the materials prepared by the UK Palestine Solidarity Campaign here!

BARCELONA OMBUDSMAN RECOMMENDS BREAKING TIES WITH TEL AVIV: A HISTORICAL PRECEDENT LEADING TO CONCRETE POLITICAL ACTION  

In a ground-breaking resolution, the Office of Barcelona’s Ombudsman recommended in December 2022 that the city revokes its Twinning Agreement with Tel Aviv over concerns about human rights violations committed by Israel against Palestinians. He emphasised that maintaining links with Israel constituted complicity in the commission of the crime of apartheid against Palestinians, thus setting an historical precedent among European public institutions in the denunciation of Israel’s crimes.  

Few months later, Mayor of Barcelona Ada Colau suspended relations with Israel. 

READ MORE

ELSC EVENTS

ELSC-SAOT PANEL DISCUSSION 

As part of this year’s SAOT Palestine Solidarity Festival in Berlin, the ELSC organised a panel discussion together with Palestinian activists and journalists, which provided insight into the political context surrounding our struggles and critically assessed the ever-growing anti-Palestinian racism in Germany. 


In line with the festival’s 2023 theme of victory, the discussion opened a conversation on how to successfully push back against these increasing attacks and empower the artist, activist, scholar, journalist, and all those who advocate for freedom and justice.

ELSC ONLINE

ELSC-FMEP PODCAST EPISODE ON THE IHRA DEFINITION 

The ELSC was invited to the Foundation for Middle East Peace (FMEP) podcast to talk to Lara Friedman about our new report on the suppression of Palestinian rights advocacy through the IHRA definition of antisemitism. 

TUNE IN

ELSC NEW REPORT IN BELGIAN NEWS

Our new report on the IHRA definition was featured in an oped published in Le Soir by our partners from Association belgo-palestinienne (ABP), Union des progressistes juifs de Belgique (UPJB), Een Andere Joodse Stem (EAJS) and Palestina Solidariteit. This comes at a time in which Belgian municipalities face increasing backlash for suspending relations with Israel until it respects international law. 

ELSC’S STATEMENT AGAINST THE NAKBA DEMONSTRATION BANS IN GERMANY ON MONDOWEISS

Read Hebh Jamal’s piece on Mondoweiss referencing our statement against Germany’s criminalisation of Palestinian existence in light of the repeated bans of Nakba commemoration and numerous arrests of anyone and anything visibly Palestinian.  

CHECK OUR FULL STATEMENT

ELSC FEATURED ON THE NEW ARAB: TOGETHER AGAINST THE UK’S ANTI-BOYCOTT BILL

We spoke with the New Arab on the coalition of more than 70 organisations in the UK who have come together to oppose this bill. Read the article here.  

USEFUL RESOURCES

NEW UN REPORT RAISING SERIOUS CONCERNS ON THE NEGATIVE IMPACT OF THE IHRA DEFINITION ON FUNDAMENTAL RIGHTS

A new UN report affirms restrictions and harassment of Palestinian civil society through intensified coordination between the Israeli government and pro-Israel groups globally and through the instrumentalisation of the harmful IHRA definition of antisemitism.

READ THE REPORT

📣 SHARE on twitter 📣

REPRESSION IN GERMANY

Watch this short documentary by The New Arab on how Germany’s history of antisemitism is used to silence pro-Palestine activism. The ELSC has published a related short video, exposing how the Berlin police normalised their racist aggression against Palestinians and their allies in Germany in light of the repeated Nakba bans.  

Thank you for your continued support!

In solidarity, 

The ELSC team

Remember to follow the ELSC on social media and amplify our work!

If you are interested in empowering the Palestine solidarity movement in Europe, we welcome your one-time or monthly donations to the ELSC. For any inquiries, contact us at info@elsc.support.

If you would like to put your skills (whether legal, editing, artistic, communications, or any other skills) at the service of our movement in support of Palestinian rights advocates, please contact us at info@elsc.support.

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Categories
Press Release

BREAKING-New Report Reveals Human Rights Violations Resulting from IHRA Definition of Antisemitism 

Amsterdam, 6 June 2023 

Today, the European Legal Support Center (ELSC) launches its new report “Suppressing Palestinian Rights Advocacy through the IHRA Working Definition of Antisemitism – Violating the Rights to Freedom of Expression and Assembly in the European Union and the UK”. The report is the first case-based account of human rights violations resulting from the institutionalisation and application of the controversial IHRA definition by the European Union and the UK. The growing concerns about the negative human rights impact of the IHRA definition, have so far been ignored by the EU. 

The ELSC report is based on 53 recorded incidents between 2017 and 2022 in Germany, Austria and the UK, in which individuals, groups and organisations were accused of antisemitism based on the IHRA definition. All of the accused were targeted for advocating for Palestinian rights, denouncing Israel’s practices and policies and/or criticising Zionism as a political ideology. When legally challenged, most of these allegations of antisemitism were dismissed as unsubstantiated. 

Analysis of the cases reveals a highly problematic pattern in which the IHRA definition is being implemented. Although it is advertised and promoted as “non-legally binding”, the definition is increasingly used by public and private bodies as if it was law. As a result, the IHRA definition chills free speech and curtails freedom of assembly, resulting in self-censorship of individuals afraid to face allegations of antisemitism.  

As confirmed by the ELSC report, allegations of antisemitism invoking the IHRA definition are overwhelmingly aimed at Palestinians, Jewish activists and organisations advocating for Palestinian rights. This suggests the definition is being implemented in a discriminatory manner. Individuals who are targeted suffer a range of unjust and harmful consequences, including loss of employment and reputational damage. 

Dr Younes, Independent Researcher and (Policy) Writer in Germany, said: 

With the uncritical adoption at the political and academic level across Europe, it has become impossible to voice any critical opinion about Israeli policies in public or in academia without the risk of losing your job, contract, funding or future employment opportunities.

A student activist in a UK university reflected: 

I found that the IHRA definition was deployed as a distraction tactic, where routinely I felt burnt out defending the right to freedom of expression and solidarity with Palestine […] I had crippling anxiety of who I could even trust, as it felt like the IHRA definition was a mode of surveillance in my day-to-day life.

The ELSC report also criticises the European Commission for consistently ignoring and dismissing the growing human rights concerns about the IHRA definition, and for failing to take measures to prevent any adverse impact of it on fundamental rights. 

Giovanni Fassina, director at the ELSC, commented: 

It is time for the European Commission to acknowledge and address that the policy it has been promoting and implementing on the basis of the IHRA definition, both at EU and member state level, is highly detrimental to fundamental rights and that it is fostering anti Palestinian racism.

The ELSC urges the European Commission, as well as the governments, parliaments and public institutions in the EU Member States and the UK, to cease and revoke the endorsement, adoption, promotion and implementation of the IHRA definition. While addressing and enforcing policies to combat antisemitism, the legal obligation of public actors to respect and protect freedom of expression and freedom of assembly must be upheld. 

Currently, the United Nations is finalising its “Action Plan on monitoring antisemitism and enhancing a system-wide response”. Recently, the ELSC joined a letter of more than a hundred civil society organisations, urging UN Secretary-General Guterres and High Representative Moratinos not to adopt and apply the IHRA definition. In November 2022, 128 leading scholars in antisemitism, Holocaust Studies and related fields, warned the UN in a public statement against adopting the IHRA definition. In October 2022, the UN Special Rapporteur on Racism released a report sharply criticising the IHRA definition. 

——-

READ THE REPORT

Media coverage

The Intercept

Al Jazeera

Carnegie Middle East Center (DIWAN)

+972 Magazine

Mondoweiss

Middle East Eye

The Left Berlin

ELSC in FMEP’s podcast Occupied Thoughts

Op-ed in Al-Jazeera by Majed Abusalama

Categories
Newsletter

ELSC Newsletter: April 2023

Dear friend,

Today, as we commemorate the 75th anniversary of the ongoing Nakba, we want to reaffirm our unwavering solidarity with the Palestinian people fighting for justice, liberation and return. 

Don’t forget to sign up to our newsletter!

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CASE UPDATES

TIME TO ACT! 3 WEEKS LEFT UNTIL THE HEARINGS AGAINST ONE OF THE UK’S BIGGEST BANKS

22 days left until the hearings in which Lloyds employees Affy and Aliya will face the financial giant in court! The two women are fighting Lloyds’ discriminatory treatment after the bank sanctioned them for speaking out in support of Palestinian rights. 

READ MORE

It is only with your help that we have managed to reach this far, meeting almost 50% of our fundraising goals to cover the fees for this important legal battle! Join us in reaffirming Affy and Aliya’s hope and unity as they embark on the last three weeks before resisting this violation of their rights in court!  

Help us reach our £30K goal to support the two brave women standing up against one of the UK’s biggest banks. 

DONATE

📣 SHARE on Twitter, Instagram, and Facebook 📣

VICTORY IN THE UK: TRADE UNION ACTIVIST REINSTATED AFTER BEING SUSPENDED FOR UNFOUNDED ACCUSATIONS OF ANTISEMITISM

In November 2021, Victor, an advocate for Palestinian rights and trade union activist was suspended as a trade union representative for allegedly posting antisemitic comments online. The alleged incriminating messages were largely about criticism of the policies of the state of Israel by former Labour Party members and included a reference to Palestinian revolutionary and poet Ghassan Kanafani.

In support of its decision to suspend Victor as senior representative, the union referred to an ‘expert opinion’ authored by a person known for his pro-Israel stance. After our lawyers rebutted the controversial opinion by submitting our own expert opinion, exposing the bias and proving that the allegations against our client were unfounded, we managed to get Victor reinstated and rehabilitate his reputation inside the respective trade union. After a significant period of suspension, following the internal hearing in September 2022, Victor was immediately reinstated to his elected and appointed positions with immediate effect. Action pays off! 

✊ SHARE THIS VICTORY! ✊

LUXEMBOURG CRIMINAL COURT UPHOLDS FREEDOM OF EXPRESSION OF PALESTINIAN RIGHTS DEFENDER 

We are proud to have supported prominent activist Michel Legrand (President of ECCP and treasurer of CPJPO) in his case creating a promising precedent for the freedom of speech of Palestinian rights defenders in Luxembourg.

READ MORE

⚖️ Will you help us win more cases? ⚖️

Consider a monthly donation to the ELSC. Every donation, no matter how small or large, makes a difference.

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INTERNATIONAL SOLIDARITY

OPEN LETTER TO THE UNITED NATIONS: RESPECT HUMAN RIGHTS IN THE FIGHT AGAINST ANTI-SEMITISM 

More than 100 civil society organisations, including the ELSC, signed an open letter to Secretary-General António Guterres and the High Representative for the UN Alliance of Civilizations Miguel Ángel Moratinos, initiated by Human Rights Watch. 

Read more about this important action on Middle East Eye 

ELSC EVENTS

ITALY: ELSC ORGANISED EVENT ON FREEDOM OF EXPRESSION & THE PROTECTION OF HUMAN RIGHTS IN PALESTINE

On the 18th of April, the ELSC with the support of VoiceOver Foundation and PIPD organised a conference on “Shrinking spaces, freedom of expression and the protection of human rights in Palestine” at the University of Milan. We were glad to be joined by Francesca Albanese, UN Special Rapporteur on the situation of human rights in the Palestinian occupied territories.  

It was a key opportunity to develop critical thinking on the Palestinian narrative in Italy. Thanks to our speakers, we had the chance to explore issues related to the censorship of Palestinian voices and the increasing limitation of the space for those who support Palestinian rights and action.

SEE MORE HERE

ELSC PARTICIPATES IN THE 2023 PALESTINE DIGITAL ACTIVISM FORUM

We are excited to join 7amleh’s 2023 Palestine Digital Activism Forum! Our colleague Alice Garcia will facilitate a session on 24 May 2023, discussing how to push back against smear campaigns and racist speech against Palestinians and supporters of the cause. Register today!

ELSC ONLINE

ELSC gave an interview following censorship in Austria

Our colleague Layla Kattermann spoke to Salma Shaka about the intensifying attacks against Palestinian rights advocates in Europe, after the Museumsquartier Vienna cancelled an event with BDS Austria and the ELSC. 

ELSC gave two interviews on the #NakbaDay arrests in Berlin in May 2022 and the new bans in April 2023 

Our colleague Safaa Moussa spoke to Perspektive Online about the #NakbaDay arrests in Berlin last May, when the Berlin Police detained and fined dozens of individuals for walking in the street and peacefully showing solidarity with Palestine following a city-wide ban on commemorations of the 74th anniversary of the Nakba. 

Especially with regard to Palestine, there is an increasing tendency to impose restrictions, the illegality of which is then repeatedly established by the courts.

The Berlin police continues to ban Palestinian protests this year, and this criminalisation of speech and right to protest is already underway in other German cities. In light of the 75th commemoration of the Nakba, the ELSC has reaffirmed its solidarity with the nakba_75 campaign that is fighting to end Germany’s attempts to criminalise solidarity with Palestine.

WATCH OUR VIDEO MESSAGE

USEFUL RESOURCES

30+ U.S. states have compromised the First Amendment of the Constitution to shield Israel from accountability, paving the way for an attack on climate action, gun control, reproductive rights, & more. Learn how the attack on the #RightToBoycott in the U.S. started and how it is evolving in this new visual from Visualizing Palestine with Palestine Legal and Just Vision Media, featuring 443 anti-boycott bills introduced since 2014 at the state and federal level.

Just Vision has produced the free accessible movie Boycott, which provides rich context on the rapid spread of anti-boycott bills in the United States. The film follows the personal journeys of three protagonists as they defend freedom of expression and lays bare what is at stake if they are defeated: the constitutionally protected right to boycott.  

BRILL has published Landmark Al-Haq book, “Prolonged Occupation and International Law” on Palestinian Land Day.  

Read Rasha Jundi’s article on resisting the systemic silencing of Palestinian voices in Germany. A portrait on collective anger and hopes for a future of justice and freedom:

Cacti have traditionally surrounded Palestinian lands. They remain silent witnesses of depopulated villages and to the continued colonisation of our home. They symbolise beauty, continuation and tough resistance. When one Palestinian voice is raised, it echoes and spreads like cacti. It shall never be silenced. In spite of forces like those in Germany.

Remember to follow the ELSC on social media and amplify our work!

If you are interested in empowering the Palestine solidarity movement in Europe, we welcome your one-time or monthly donations to the ELSC. For any inquiries, contact us at info@elsc.support.

If you would like to put your skills (whether legal, editing, artistic, communications, or any other skills) at the service of our movement in support of Palestinian rights advocates, please contact us at info@elsc.support.

DONATE
Categories
Statement

ELSC Statement: No to the Nakba Demo Bans, End Germany’s Criminalisation of Palestinian Existence 

In another act of state repression, the Berlin police banned all events commemorating 75 years of ongoing Nakba. Following the demonstration ban from 2022, the police disrupted a Palestinian cultural event on 13 May in Neukölln, banning any political public speech, attempting to stop the distribution of books on Palestine on a discretionary basis, and preventing attendees from dancing the traditional Dabka, claiming that it was a form of “political expression”. One of the banned speeches was to be delivered by a member of the ELSC and a partner scholar, Anna Younes (PhD), with the purpose of informing people on their legal rights. Other events that were banned were scheduled for 13, 14 and 20 May 2023: these demonstrations wanted to demand justice for the Palestinian people by remembering the displacement and ethnic cleansing of hundreds of thousands of Palestinians in the course of the founding of the state of Israel. At least 11 demonstrations on the Nakba have been banned in Berlin since April 2022. 

The justification for the bans is informed by a systematic pattern of anti-Palestinian racism criminalising solidarity with the Palestinian cause for freedom and return, as well as expressions of Palestinian identity. May 2022 already saw immense state repression against Palestinians and their supporters, when the Berlin police preventively banned five registered events commemorating 74 years of ongoing Nakba and honouring Palestinian journalist Shireen Abu Akleh, who was murdered by Israeli Occupation Forces while reporting on their invasion of Jenin refugee camp. When individuals peacefully took to the streets to express their solidarity, the Berlin police unleashed a campaign of harassment arresting and beating activists for wearing the Palestinian scarf known as the Kuffiyeh or for being dressed in the colours of the Palestinian flag.  

These anti-democratic measures are enacted as a form of collective punishment directed at anything visibly Palestinian, extending to any expression of collective memory and rights advocacy as seen through the recent bans of demonstrations in solidarity with Palestinian political prisoners in Berlin and beyond. Palestinians in exile commemorating their tragedy, and more generally Arab participants in the demonstrations are dehumanised and framed in the colonial tradition as ”highly emotionalised men” who would “glorify violence” and are “difficult to control”. Neukölln is placed under general suspicion and depicted as a harbour of violence, based on the racist criminalisation of its predominantly migrant, particularly Arab population. The allegations and language used in the prohibition orders, both in 2022 and in 2023, express blatant racism and, in particular, constitute Anti-Palestinian racism – a form of anti-Arab racism that aims to silence, exclude, erase, stereotype, or defame Palestinians and their narratives – towards the Palestinian community in Germany. 

Attacks against the Palestine solidarity movement are ever-growing as Germany upholds its unconditional support for the Israeli occupation and continues to whitewash crimes of apartheid and settler violence. The Berlin government’s actions around Nakba Day reflect Germany’s complicity in the continuing oppression of the Palestinian people, and further constitute a wider assault on the fundamental rights of free speech and assembly. This must be read as a dangerous precedent for further arbitrary curtailments of basic democratic rights. 

These bans are an attack on all of us. The ELSC stands in solidarity with all Palestinians and supporters of the Palestinian cause. As further Palestine solidarity events are planned in the coming days in Berlin, we call on all stakeholders to join us in demanding the protection of the most fundamental rights to freedom of expression and assembly, and to support the campaign launched in defence of these rights for Palestinians and their supporters in Germany. 

If you, your group, organisation or otherwise have been intimidated, slandered, repressed, censored or banned from speaking out or participating in Palestine advocacy, or if you have questions about your rights, please reach out to us and complete the incident form. 

Categories
Newsletter

ELSC Newsletter: March 2023

Dear friend,

We stand in solidarity with the Palestinian people facing mass repression. As Europe carries on with its concerted efforts to silence Palestine, the movement perseveres, and we nonetheless have victories to report!

HELP US KEEP UP OUR WORK

Don’t forget to sign up to our newsletter!

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UK UPDATES: WOMEN CHALLENGE REPRESSION IN COURT

NEW CASE: WE ARE TAKING LLOYDS BANK TO COURT TO PROTECT PALESTINIAN RIGHTS ADVOCACY!

Two Muslim women, Affy and Aliya are suing their employer Lloyd’s Bank, one of the UK’s biggest banks, for discrimination. In May 2021, both posted statement in support of Palestine on the bank’s internal chat for employees. Affy and Aliya were investigated and subsequently sanctioned for breaching the bank’s policies on discrimination, harassment, abusive and offensive content. In addition to unimaginable consequences for their personal and professional lives, they both lost their annual bonuses and received written warnings that could remain on their records indefinitely while Affy lost a prestigious graduate role.

The ELSC launched a crowdfunding campaign to help both employees cover the costly legal fees of their lawsuit against Lloyds.

We need at least £30 000 to support Affy and Aliya in Court!

DONATE

Join our fight against all types of racism and support Affy and Aliya’s claim by sharing this campaign across all platforms! 

📣 SHARE on Twitter, Instagram, Facebook, and Linkedin 📣

SHAIMA DALLALI RESISTING NUS DISMISSAL

Following Shaima Dallali’s summary dismissal from her role as President of the National Union of Students (NUS) after an investigation accusing her of antisemitism based on her beliefs concerning the Palestinian struggle, she is now taking legal action!

In bowing to political pressure, the NUS has undermined its own commitment to anti-racism, including the fight against antisemitism, and has abandoned its duty of care to its elected President Shaima Dallali. She has been subjected to the most intense public scrutiny and horrifying abuse, including death threats.

The ELSC signed a joint statement with other organisations in the UK to condemn Shaima Dallali’s dismissal by the NUS.

Read more about the NUS repressing Palestine advocacy here

DR SHAHD ABUSALAMA CONTINUES THE FIGHT AGAINST THE REPRESSION FROM SHIEFFIELD UNIVERSITY
 
Dr Shahd Abusalama has been countlessly targeted with intensified anti-Palestinian smears by pro-Israel groups, outlets, and social media trolls, which culminated after her enrolment at Shieffield Hallam University (SHU).
 
After successfully fighting two investigations and the suspension of her teaching, SHU launched a third investigation. Dr Shahd Abusalama was cleared but decided to leave this hostile environment.
 
The fight now continues as SHU decided to violate Shahd’s employment rights and disclosed misleading information to the pro-Israel ‘Jewish Chronicle’, which instigated a further round of brutal smears in the media. Dr Shahd Abusalama is fighting back and pursuing legal action to hold SHU accountable!

✊ SUPPORT SHAHD’S ESSENTIAL FIGHT ✊

As a Palestinian woman, I want to be able to articulate my story and political views without being harassed and subject to discrimination. But this is not just my lawsuit. With this legal fight, we will make sure that no other individual faces persecution or harassment for their legitimate beliefs from our employers. This case will challenge systemic issues, including the oppressive IHRA definition, the rights of workers to fair treatment, and legitimate protest and free expression.

Shahd

NEWS FROM GERMANY

DR ANNA YOUNES’ SURVEILLANCE CASE: THE FIGHT CONTINUES WITH TWO NEW LAWSUITS

On 2 November 2022, exactly three years after she discovered RIAS’ covert surveillance of her activities and after two legal victories, German Palestinian scholar Dr Anna Younes launched two new lawsuits. She requests the Administrative Court of Berlin to find the preparation and transmission of the secret dossier on her unlawful, and acknowledge that RIAS/MBR’s surveillance and false labelling of Dr Younes as an anti-Jewish racist violated her right to privacy and right to reputation. In addition, she requests compensation for the ensuing harm inflicted by RIAS/MBR for over two years.

Read more about the case and watch this video.

⚖️ Donate to support Dr Younes in her legal battle as she reclaims her rights in court ⚖️

DEUTSCHE WELLE CASE: THE FIGHT GOES ON

After the German public broadcaster Deutsche Welle (DW) fired seven Arab journalists in February 2022 based on allegations of antisemitism, we witnessed two victories last year as the dismissals of Maram Salem and Farah Maraqa were found unlawful.
 
A year later, on 24 February 2023, journalist Zahi Alawi also won his lawsuit! A Labour Court found his dismissal by DW unlawful and ordered his reinstatement. 
 
But the fight goes on! In a last-minute gambit, Deutsche Welle appealed the decision issued by the Berlin Labour Court in favour of Farah Maraqa. A new hearing is taking place on 10 May 2023, but Farah is confident and stands firm.

✊ SUPPORT FARAH’S ONGOING FIGHT! ✊

BERLIN: FIRST VICTORY AT THE TRIALS OF THE 2022 NAKBA DAY ARRESTS

READ MORE

Following a city-wide ban on commemorations of the 74th anniversary of the Nakba, the Berlin Police detained and fined dozens of individuals for walking in the street and peacefully showing solidarity with Palestine, such as through wearing the Kuffiyeh or the colours of the Palestinian flag. Some of them were beaten. Read more about our urgent letter to UN Special Rapporteurs and request for accountability in relation to unjustified repression and violence from the Berlin police.

9 months later, several protesters are challenging the fines in German courts. Stay tuned as more hearings will happen in the coming weeks and support!

SIGN the call to stop Germany’s attempt to criminalise solidarity with Palestine & DONATE to help with the legal proceedings’ fees

For more information on the bans and repression, read Human Rights Watch statement by Omar Shakir.

THE MOVEMENT PERSEVERES

We have published many of our legal victories in the UK, in Germany, in Austria, and in The Netherlands on our website. Pushing back is possible when we stand together!

READ MORE

⚖️ Will you help us win more cases? ⚖️

Consider a monthly donation to the ELSC. Every donation, no matter how small or large, makes a difference.

DONATE

RESISTING THE ISOLATION OF PALESTINIAN CIVIL SOCIETY

As part of our work at ELSC, we monitor and support European and Palestinian organisations facing attacks and incidents in the EU and the UK leading to defunding by donors, the implementation of policies restricting funding and/or de-risking by financial institutions.

These incidents happen in a context of coordinated smear campaigns led by pro-Israeli groups and the Israeli government, which form part of a larger strategy to shut down Palestine advocacy while shielding Israel from accountability.  

Do you want to know more? Check our twitter thread!

ELSC ONLINE

ELSC gave an interview on Antisemitism, Palestine and academic freedom

We spoke to Dr Sevgi Doğan for Security Praxis blog about the impact of the IHRA Working Definition of Antisemitism on academic freedom and unfounded allegations of antisemitism in academia. Read it here.
 
Read ELSC comments given to Hebh Jamal in +972 Magazine on the chilling effects on free expression of Palestinian rights advocacy and legitimate demands for accountability as Germany takes drastic steps toward further criminalising Palestinian activism.
 
ELSC was hosted by Lina Hadid and Lamia Bazzari to speak on defending and empowering advocates for Palestinian rights across Europe on their Free Palestine Podcast. Tune in!

USEFUL RESOURCES

Visualizing Palestine introduces the system and actors involved in suppressing speech critical of the Israeli regime and Zionism in its recent visual #SystemofSilencing. This is the first of five visuals that will be published in the next months, highlighting attacks on freedom of expression aimed at shielding Israel from accountability. Follow along!

UK-based organisation CAGE published two expert reports signed by leading scholars, Professor John Dugard SC and Professor Avi Shlaim on the notion of “Israel’s right to exist”. As observed in several cases of suppression of Palestinian rights advocacy, this concept is often very broadly interpreted by pro-Israel actors and raised to purport allegations of antisemitism and target Palestinian rights advocates.

Thank you for your continued support!

In solidarity, 

The ELSC team

Remember to follow the ELSC on social media and amplify our work!

If you are interested in empowering the Palestine solidarity movement in Europe, we welcome your one-time or monthly donations to the ELSC. For any inquiries, contact us at info@elsc.support.

If you would like to put your skills (whether legal, editing, artistic, communications, or any other skills) at the service of our movement in support of Palestinian rights advocates, please contact us at info@elsc.support.

DONATE
Categories
Press Release

Two Muslim Women Take Lloyds Bank to Court for Discrimination

16 March 2023, London and Amsterdam

After being sanctioned for posting messages in support of Palestine on their internal work portal, two Muslim women are suing their employer for discrimination. Lloyds Bank PLC (“LBP” or “Lloyds”) is one of the biggest banks in the UK.

In May 2021, Affy and Aliya posted messages in support of the Palestinian people and criticising illegal Israeli policies on their internal online portal, a platform where social issues are often discussed between employees. At the time, the Israeli army was bombing the occupied Gaza Strip, an attack that resulted in the killing of 236 Palestinian civilians. Affy also expressed her desire for LBP to boycott HP, a company that provided servers to run the ID systems that Israel uses to restrict Palestinian movement, and raised concerns on the impact of this on LBP’s ethical business activity.

Lloyds decided to investigate Affy and Aliya about the posts. Findings of ‘gross misconduct’ were made against both women for breaching the Lloyds’ policies on professional integrity, personal integrity – which include rules about discrimination, harassment and abusive content – and doing business responsibly. They received written warnings which could remain on their records indefinitely and were both reported to the Financial Conduct Authority for failing ‘to act with due skill, care and diligence’.  

This has had serious consequences in Affy and Aliya’s personal and professional lives. Affy, was 21 at the time, lost a prestigious graduate role with a £60,000 starting salary as a result of Lloyds’ sanctions. Affy and Aliya both lost their annual bonuses. Both are anxious about their future careers and now fear reprisal for raising concerns about socially responsible business or speaking about Palestine.

To get these sanctions removed, and to defend the right to speak about Palestine, Affy and Aliya are taking LBP to court for discrimination.

We should all be freed from discrimination based on our beliefs or our opinions about a just cause. We are taking this legal fight to end discrimination in our workplace. said Aliya.

The European Legal Support Center (ELSC) is supporting Affy and Aliya in their legal fight to get their sanctions revoked and their professional reputations restored. Giovanni Fassina, the Director of the ELSC, comments:

We have taken on this case to defend Affy and Aliya’s rights to advocate for Palestinian rights in their workplace, including through education and actions around corporate complicity in human rights abuse. This case is a clear manifestation of anti-Palestinian racism, a form of discrimination that silences, excludes, and defames Palestinians and their allies with slander such as being inherently antisemitic, and a dangerous restriction of free speech.[1]

The ELSC launched a crowdfunding campaign to help both employees cover the costly legal fees of their lawsuit against Lloyds, one of the biggest banks in the UK. The costs are estimated to be at least £30,000.

Affy’s hearing is set to take place in June 2023 at the London Central Employment Tribunal. Aliya is in the process of applying to have her case adjoined to Affy’s.

[1] To read more about anti-Palestinian racism, see ACLA, Anti-Palestinian Racism: Naming, Framing and Manifestations, April 2022, available at: https://static1.squarespace.com/static/61db30d12e169a5c45950345/t/627dcf83fa17ad41ff217964/1652412292220/Anti-Palestinian+Racism-+Naming%2C+Framing+and+Manifestations.pdf

Visual: CC Commons

Categories
Case Update Press Release

New Course at Vienna Fine Arts Academy Signals Further Erasure of Palestinian Narrative

The ELSC expressly condemns the holding of a course that is likely to fuel insidious censorship of genuine anti-racist discourse.

In May 2022, Palestinian scholar Dr. Walaa Alqaisiya was hastily disinvited from the Vienna Academy of Fine Arts’ Spring Curatorial Programme: Art Geographies. While the Academy refused to apologise and to clarify the internal process that led to her censorship, Walaa and her supporters pushed back and obtained the withdrawal of the remainder of the event from the Academy’s premises.

Adding insult to injury, the Academy is now hosting a year-long course entitled “Antiantianti: Conflicts about Antiantisemitism and Antiracism in the Politicized Art World”. While Eduard Freudmann and Petja Dimitrova, the course organisers, purportedly intend to reflect on “develop[ing] practices of solidarity that are simultaneously anti-racist and anti-anti-Semitic”, the abstract manifestly misrepresents the Palestine solidarity movement. It states that, “for decades, the conflict served as a projection screen for a political left” and that “supporting the Palestinian cause was taken for granted”.

Moreover, the course organisers chose two subjects of study: Dr. Alqaisiya’s disinvitation and the dismantling of an artwork in this year’s documenta edition. Neither Dr. Alqaisiya nor any contributor to the documenta fifteen exhibition were contacted prior to the preparation of this course. By cherry-picking two isolated incidents, Freudmann and Dimitrova deliberately extricate them from their broader context and thereby exclude entire fragments of the events.

In particular, the full picture of racism, and specifically anti-Palestinian racism, which took place in both instances, is absent from the course description, and its importance is explicitly downplayed. Had the course organisers intended to engage in a fully informed discussion on anti-racism, the abstract should have referred to a comprehensive factual overview, including the accounts relating to Dr. Alqaisiya’s differential treatment and to the unabashed, systematic racism that occurred at documenta fifteen.

The course further intends to study “different definitions of racism and antisemitism”, which begs the question – will the IHRA working definition of antisemitism and its examples be used as a parameter for discussion? If so, the course would likely steer the conversation away from anti-racism by eliminating the Palestinian narrative in favour of a widely criticised definition of antisemitism that conflates legitimate criticism of the Israeli state with antisemitism. This equation is extremely harmful to the global struggle against racism and the just pleas of the oppressed Palestinian people.

A space must be provided in academia for the free expression of sentiments of Palestinian solidarity, without repression. The ELSC therefore strongly condemns the maintenance of this course under the preconceptions expressed in its abstract, which is likely to harm individuals who are already facing outrageous smears and attacks.

Photo: Academy of Fine Arts Vienna, Schillerplatz 3, 1st district of Vienna, Peter Haas / CC BY-SA 3.0

Categories
Statement

The ELSC Demands Accountability After Police Repression in Berlin on 15th of May 2022

www.montecruzfo.org

Last week, the ELSC sent a letter to UN Special Rapporteurs on contemporary forms of racism, on freedom of opinion and expression, and on freedom of peaceful assembly and of association, following its previous communication alerting on urgent threats to freedom of expression and freedom of assembly in Berlin ahead of Nakba day.

On 13 May 2022, the Berlin police, with a stamp of approval from Berlin’s Higher Administrative Court, prohibited public gatherings to be held over the weekend in commemoration of the 74 years of the Nakba and in remembrance of Shireen Abu Akleh, a Palestinian journalist killed by the Israeli army. The police’s decision was based on unfounded allegations, using a language that amount to Anti-Palestinian racism, and constituted an arbitrary and disproportionate limitation to fundamental freedoms, as stated in our first communication.

On 15 May 2022, individuals spontaneously took to the streets of Neukölln to observe a moment of silence in honour of the slain journalist. In different locations in Berlin, they were met with brutal police repression. Police officers used a kettling technique to encircle and detain groups of people, to collect their personal details and individually photograph them.

Activist Ramsy Kilani, who was manhandled by police officers, recounts:

“Beyond media attacks, anti-Palestinian racism has by now reached a new level of violent repression and crackdowns on anything visibly Palestinian in Germany. As Palestinians, we were not even allowed to commemorate our tragedy, the Nakba, in silence, without being assaulted and having our fundamental rights abolished by the police and official institutions in Berlin. These attacks on us and on me personally have retraumatized me, but they have not succeeded in taking our will to resist this injustice and to continue the struggle for Palestinian human rights”.

The police intervention represents an egregious and targeted limitation of fundamental freedoms enshrined in German basic law, European Human Rights Law and international law.

Against this backdrop, Human Rights Watch also raised concerns about the incidents, designating the pre-emptive ban as “an extreme restriction that effectively works as a collective punishment on those who wish to peacefully assemble, based on speculation over potential unlawful acts of a minority”. Manu Pineda, Member of the European Parliament, asked the EU Commission to determine that the ban on protests violates Articles 10, 11 and 12 of the EU Charter of Fundamental Rights.

The ELSC, therefore, ask the relevant UN Special Rapporteurs to: a) request an explanation from the competent authorities of the City of Berlin; b) publicly denounce the violations of the rights to freedom of expression, freedom of assembly and the right of non-discrimination; c) take the necessary steps to ensure that any of the person(s) responsible for the alleged violations are hold accountable.

Read the letter

Photo: cc Montecruz Foto | 14.05.2021 – Free Palestine demo in Berlin

Categories
Release

Urgent Communication: Imminent Threat to the Rights of Freedom of Expression and of Association and the Right of Non-discrimination in Berlin

Last week, the Berlin police prohibited public gatherings organised by civil society organisations in Berlin Jüdische Stimme für gerechten Frieden in Nahost, Palästina Spricht and Samidoun, planned to take place over the following weekend to commemorate the 74 years of the Nakba (the forced transfer of hundreds of Palestinians from their homeland). In the face of this imminent threat to the rights of freedom of expression and of association and the right of non-discrimination, the ELSC sent an urgent letter to the UN Special Rapporteurs on racism, on Freedom of Opinion and Expression, and on the Rights to Freedom of Peaceful Assembly.

Download the letter

To the kind attention of:

Ms. E. Tendayi Achiume, Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance;

Ms. Irene Khan, Special Rapporteur for freedom of opinion and expression;

Clément Nyaletsossi Voule, Special Rapporteur on freedom of peaceful assembly and of association..

Excellencies,

I have the honour to address you in my capacity as Programme Director of the European Legal Support Center (ELSC), a human rights organisation that provides free legal advice and assistance to associations and individuals advocating for Palestinian rights in mainland Europe and the United Kingdom.

In this connection, I would like to bring to the attention of your Excellencies, information we have received concerning the prohibition of public gatherings organised by three organisations, Jüdische Stimme für gerechten Frieden in Nahost, Palästina Spricht and Samidoun, on 13, 14 and 15 May 2022 in Berlin, Germany.

According to the information received:

Public gatherings were planned to take place on 13, 14 and 15 May 2022 in the City of Berlin in commemoration of the 74th anniversary of the expulsion of the Palestinians from their homeland. Three applications for interim measures to suspend the prohibitions were rejected by the Berlin Administrative Court.

The Berlin Police justifies the prohibition by making the claim that an anti-Israel and anti-Semitic atmosphere is likely to occur. It states that the majority of participants in the demonstration will be from the Arab diaspora and from Muslim-influenced groups, and that “experience has shown that this clientele currently has a clearly aggressive attitude and is not averse to violent action”. According to the Police, “gatherings that critically discuss the fate of Palestinians in Israeli-occupied territories are thus likely to mobilise people who, in specific cases, may be tempted to take actions or make statements that are not compatible with German legislation”.

In Europe, where freedom of expression and opinion and freedom of peacefully assemblies are guaranteed, this is a worrisome development. I wish to express my concern that these measures represent a blatant, arbitrary and disproportionate limitation to these freedoms as guaranteed by Articles 5 and 8 of the Basic Law for the Federal Republic of Germany (“Grundgesetz”), by Articles 10 and 11 of the European Convention on Human Rights (ECHR), and by Articles 19 and 21 of the International Covenant on Civil and Political Rights (ICCPR). In addition, the allegations and language used in the prohibition are expressed with unjustifiable condescendence toward the German Palestinian community and amount to Anti-Palestinian racism, a form of anti-Arab racism that aims to silence, exclude, erase, stereotype, defame or dehumanize Palestinians or their narratives, in violation of the right of non-discrimination established by article 14 ECHR and article 26 ICCPR.

Therefore, I urge you to take action to: a) request an explanation from the competent authorities of the City of Berlin; b) publicly denounce the violations of the rights to freedom of expression, freedom of assembly and the right of non-discrimination; c) take the necessary steps to ensure that any of the person(s) responsible for the alleged violations are held accountable.

Please accept, Excellencies, the assurances of my highest consideration.

Giovanni Fassina
Programme Director, ELSC
14.05.2022

Picture: Palestine solidarity protest in Berlin, credit Hossam el-Hamalawy (Flickr)