The legal action initiated by the Municipality of Vienna against an activist member of BDS Austria has now been officially recognised as a Strategic Lawsuit Against Public Participation (SLAPP) by CASE, a coalition of non-governmental organisations across Europe united in recognition of the threat posed to public watchdogs by SLAPPs. The coalition has, for instance, recently classified lawsuits by Shell against Greenpeace as SLAPP.
A SLAPP consists of an abusive court proceeding pursued to harass and intimidate activists and civil society on matters of public interest. By exploiting an imbalance of power between the parties, the goal of a SLAPP is accomplished if the defendant is compelled by fear, financial strain, intimidation, or exhaustion to cease their critique or advocacy. In April 2024, the European Union adopted Directive 2024/1069 to protect victims of SLAPPs across the region.
Amidst the 2021 unified Palestinian uprising against Israel’s apartheid regime, the Municipality of Vienna filed a Strategic Lawsuit against Public Participation (SLAPP) against a member of BDS Austria for sharing online a picture of the famous poster “Visit Apartheid”. In line with the Municipality’s anti-democratic anti-BDS resolution, this lawsuit is part of a larger strategy to intimidate BDS Austria and rights advocates through systematically repressing their fundamental rights to free speech and freedom of assembly.
To add to its shameful affront to democracy and rights, the Municipality of Vienna later proposed a settlement requesting the activist to pay 17.000 euros – the total amount of damages previously asked, includinglegal fees. Additionally, the Municipality demands that the activist refrain from claiming it had brought “SLAPP suits” against BDS. Against this backdrop, this official recognition by CASE is an important success for the activists who have been facing legal challenges since 2021 and are still in legal proceedings as the Municipality of Vienna refuses to give up on their unreasonable claims. The case is currently pending before the Austrian Supreme Court.
Take action, BDS Austria needs your support! Show your solidarity and donate.
Today 12 April 2024, Dr Anna-E. Younes is challenging anti-Palestinian organisations RIAS Berlin and MBR (Mobile Beratungsstelle gegen Rechts) in the Berlin District Court (Landgericht Berlin) with the support of the ELSC.
Dr Anna Younes is a German Palestinian scholar working on the ‘New Antisemitism’ discourse, race critical theories and settler-/colonial theories. Like many others she has already been subjected to several disinformation campaigns, publicly defamed, censored and unfairly excluded from public and academic spaces way before 2019. In 2019, however, Dr Younes discovered that a secret dossier which selectively draws on certain publications of hers and takes them out of context, was written up and distributed by RIAS/MBR in order to get her disinvited from public speaking engagements. Said dossier had been privately passed on to people in die Linke and distorted her work or articles to make defamatory statements about her, including by framing her as an anti-Jewish racist and sexist terrorist sympathizer. Subsequently, Dr Younes was disinvited from a panel discussion on right-wing extremism and anti-Muslim racism organised by the Berlin chapter of Die Linke where she was supposed to present her work on anti-Muslim racism and right-wing networks in Germany.
In violation of European data protection law, Dr Younes was surveilled for her scholarship and activism, causing her loss of employment, reputational damage, as well as an uncanny repetition of surveillance strategies as known from German history. Dr. Younes, the ELSC and her lawyers argue that the creation and circulation of RIAS’ secret dossier – without Dr. Younes’ knowledge or consent – gravely infringed upon her right to privacy, freedom of expression, and academic freedom and amounts to digital surveillance. More importantly, her case does not stand in isolation; it rather unmasks the multiple layers of systematic repression that have been silencing and criminalising Palestinian voices in Germany for a long time. Beyond that, this case is also crucial as it testifies to the importance of halting further infringements on the right to privacy and to free political expression of political minorities, such as anti-war and anti-capitalist movements or climate activists.
Concerned about the consequences of this repressive surveillance for herself and other academics, activists or journalists, Dr Younes reached out to the ELSC and took legal action.
Nearly two years ago, the Berlin District Court upheld Dr Younes’ claims and ordered VDK – the German state-funded organisation that legally represents RIAS Berlin and MBR – to give Dr Anna Younes access to the data that the two organisations had secretly gathered and disseminated. The information released by VDK revealed that RIAS Berlin and MBR had been collecting people’s personal data based on their ‘positions on Israel and BDS’.
Dr Younes and her lawyer now expect the court to order RIAS/MBR to pay damages for the harm suffered by Dr Younes for more than two years. Not only should RIAS/MBR pay damages for having violated Dr Younes’ right to information, as confirmed by the first instance court, but also for the unlawful collection and dissemination of a dossier aiming to damage her reputation.
Dr Younes’ lawyer, Alexander Gorski, said:
This legal battle is about making sure that state-funded organisations such as RIAS Berlin and MBR are held accountable for their repressive practices which have extreme consequences for individuals’ reputation and fundamental rights and freedoms. This must stop.
In March 2024, RIAS (the federal organisation whereof RIAS Berlin forms the local Berlin branch) released their report on ‘Anti-Semitism within BDS’, which enacts yet another targeted attack against the BDS movement and its supporters. Furthermore, RIAS also continues to use unfounded allegations of antisemitism and support of terrorism to further repress Palestine solidarity as well as turning the important category of anti-Jewish racism to mean nothing but “critical of Israeli politics” thereby enabling a dangerous and deeply racist hollowing out of what we mean by anti-Jewish racism. Finally, within that vein, RIAS also confirms its use of the harmful and widely criticized ‘IHRA definition of antisemitism’ to assess incidents of antisemitism.
It is obvious that organisations like RIAS are instrumentalizing the fight against anti-Jewish racism to platform a discourse aimed at repressing and erasing Palestinian voices and anti- or de-colonial narratives, especially at a moment when a wide range of individuals and groups in German civil society are raising their voice against the ongoing genocide and against Germany’s support of Israel’s settler violence. – said Dr Younes.
The decision from the judge is expected within a few weeks.
Antipalästinensische Überwachung in Deutschland: neue Anhörung im Fall von Dr. Anna Younes
Heute, am 12. April 2024, klagt Dr. Anna-E. Younes mit Unterstützung der ELSC gegen die antipalästinensischen Organisationen RIAS Berlin und MBR (Mobile Beratungsstelle gegen Rechts) vor dem Landgericht Berlin.
Dr. Anna Younes ist eine deutsch-palästinensische Wissenschaftlerin, die sich mit dem “Neuen Antisemitismus”-Diskurs, rassenkritischen Theorien und Siedler-/Kolonialtheorien beschäftigt. Wie viele andere war sie bereits vor 2019 mehreren Desinformationskampagnen ausgesetzt, wurde öffentlich diffamiert, zensiert und zu Unrecht aus dem öffentlichen und akademischen Raum ausgeschlossen. Im Jahr 2019 entdeckte Dr. Younes jedoch, dass ein geheimes Dossier, das sich selektiv auf bestimmte Veröffentlichungen von ihr stützt und diese aus dem Zusammenhang reißt, vom RIAS/MBR erstellt und verbreitet wurde, um sie von öffentlichen Auftritten auszuladen. Dieses Dossier wurde privat an Personen in der Partei Die Linke weitergegeben und verfälschte ihre Arbeit oder Artikel, um diffamierende Aussagen über sie zu machen, unter anderem indem sie als antijüdische, rassistische und sexistische Terroristensympathisantin dargestellt wurde. In der Folge wurde Dr. Younes von einer Podiumsdiskussion über Rechtsextremismus und antimuslimischen Rassismus ausgeladen, die von der Berliner Sektion der Partei Die Linke organisiert wurde und auf der sie ihre Arbeit über antimuslimischen Rassismus und rechte Netzwerke in Deutschland vorstellen sollte.
Unter Verstoß gegen das europäische Datenschutzrecht wurde Dr. Younes wegen ihrer wissenschaftlichen Arbeit und ihres Engagements überwacht, was zum Verlust ihres Arbeitsplatzes und zur Schädigung ihres Rufes führte und eine unheimliche Wiederholung der aus der deutschen Geschichte bekannten Überwachungsstrategien darstellt. Der Fall, den Dr. Younes, die ELSC und ihre Anwälte aufgebaut haben, argumentiert, dass die Erstellung und Verbreitung des geheimen Dossiers des RIAS – ohne Dr. Younes’ Wissen oder Zustimmung – ihr Recht auf Privatsphäre, freie Meinungsäußerung und akademische Freiheit schwerwiegend verletzt hat und einer digitalen Überwachung gleichkommt. Noch wichtiger ist, dass ihr Fall nicht isoliert dasteht, sondern vielmehr die vielen Ebenen der systematischen Unterdrückung aufdeckt, die palästinensische Stimmen in Deutschland seit langem zum Schweigen bringen und kriminalisieren. Darüber hinaus ist dieser Fall auch deshalb so entscheidend, weil er zeigt, wie wichtig es ist, weitere Verstöße gegen das Recht auf Privatsphäre und freie politische Meinungsäußerung von politischen Minderheiten wie Antikriegs- und antikapitalistischen Bewegungen oder Klimaaktivisten zu unterbinden.
Besorgt über die Folgen dieser repressiven Überwachung für sie selbst und andere Akademiker, Aktivisten oder Journalisten wandte sich Dr. Younes an die ELSC und erhob rechtliche Schritte.
Vor fast zwei Jahren gab das Landgericht Berlin den Klagen von Dr. Younes statt und ordnete an, dass der VdK – die deutsche staatlich finanzierte Organisation, die RIAS Berlin und MBR rechtlich vertritt – Dr. Anna Younes Zugang zu den Daten gewährt, die die beiden Organisationen heimlich gesammelt und verbreitet hatten. Die von der VdK herausgegebenen Informationen enthüllten, dass RIAS Berlin und MBR personenbezogene Daten von Personen auf der Grundlage ihrer “Positionen zu Israel und BDS” gesammelt hatten.
Dr. Younes und ihr Anwalt erwarten nun, dass das Gericht den RIAS/MBR zur Zahlung von Schadenersatz für den Schaden verurteilt, den Dr. Younes mehr als zwei Jahre lang erlitten hat. Der RIAS/MBR sollte nicht nur Schadensersatz dafür zahlen, dass das Recht von Dr. Younes auf Information verletzt wurde, wie das erstinstanzliche Gericht bestätigt hat, sondern auch für die unrechtmäßige Sammlung und Verbreitung eines Dossiers, das darauf abzielt, ihren Ruf zu schädigen.
Dr. Younes’ Anwalt, Alexander Gorski, sagte:
In diesem Rechtsstreit geht es darum, sicherzustellen, dass staatlich finanzierte Organisationen wie RIAS Berlin und MBR für ihre repressiven Praktiken zur Rechenschaft gezogen werden, die extreme Auswirkungen auf den Ruf und die Grundrechte und -freiheiten des Einzelnen haben. Das muss aufhören.
Im März 2024 veröffentlichte RIAS (die Bundesorganisation, deren Ortsgruppe in Berlin RIAS Berlin ist) ihren Bericht über “Antisemitismus in BDS”, der einen weiteren gezielten Angriff auf die BDS-Bewegung und ihre UnterstützerInnen darstellt. Darüber hinaus nutzt RIAS weiterhin unbegründete Vorwürfe des Antisemitismus und der Unterstützung des Terrorismus, um die Solidarität mit Palästina weiter zu unterdrücken und die wichtige Kategorie des antijüdischen Rassismus auf nichts anderes als “kritisch gegenüber israelischer Politik” zu reduzieren, wodurch eine gefährliche und zutiefst rassistische Auslöschung dessen ermöglicht wird, was wir unter antijüdischem Rassismus verstehen. Schließlich bestätigt RIAS in diesem Zusammenhang auch die Verwendung der schädlichen und weithin kritisierten “IHRA-Definition von Antisemitismus”, um Vorfälle von Antisemitismus zu bewerten.
Es ist offensichtlich, dass Organisationen wie RIAS den Kampf gegen antijüdischen Rassismus instrumentalisieren, um einem Diskurs eine Plattform zu bieten, der darauf abzielt, palästinensische Stimmen und anti- oder de-koloniale Narrative zu unterdrücken und auszulöschen, insbesondere zu einem Zeitpunkt, an dem ein breites Spektrum von Einzelpersonen und Gruppen in der deutschen Zivilgesellschaft ihre Stimme gegen den anhaltenden Völkermord und gegen Deutschlands Unterstützung der israelischen Siedlergewalt erhebt
– so Dr. Younes.
Die Entscheidung des Richters wird in den nächsten Wochen erwartet.
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!
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.
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.
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!
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!
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.
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!
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.
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.
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.
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.
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.
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.
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.
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.
We have just launched our year-end campaign to gather the funds we need to continue our work in 2023!
We have until the end of this year to raise €20,000 to fund our legal battles for next year! Without the generosity of our supporters, our work in the defence of Palestinian rights advocates is at risk.
Throughout 2022, we have grown our team and now boast 10 professional staff members giving their all into tackling cases of repression, mostly in the UK, Germany and the Netherlands, and providing legal support to Palestinian civil society organisations. Owing to donations, we were able to win more cases than any year before: more than 80 individuals and organisations had their fundamental rights upheld after the ELSC intervened.
Throughout 2022, we have helped secure victories in court for our community
With our assistance, Dr Anna-Esther Younes challenged German institutions in court and the two organisations responsible for surveilling, smearing and censoring her were held accountable. Palestinian-Jordanian journalist Farah Maraqa also won her lawsuit against German broadcaster Deutsche Welle, which had dismissed her for alleged antisemitism in an attempt to silence her.
In the UK, our team helped Gazan scholar Shahd Abusalama recover her teaching position after she was suspended by Sheffield Hallam University and brutally smeared in the public sphere.
I am indebted to the ELSC. The support they have provided has really helped me in challenging the mainstream media. They provide a crucial service.
— UK activist supported by the ELSC
Some people do a great job for Palestine and the ELSC are at the top of the list.
— Football Against Apartheid
I would have probably not written about Palestine without your support and the positive outcome.
In order to tackle the growing climate of repression across Europe with even more might in 2023, we urgently need the resources.
Will you join our movement for justice? Become an ELSC supporter today to ensure that defenders of Palestinian rights keep receiving free legal support by making a monthly donation to the ELSC.
Thank you, from the whole ELSC team, for your deep dedication and solidarity.
Remember to follow the ELSC on social media and amplify our work!
If you are a legal practitioner or a volunteer who wants to be part of our movement in support of Palestinian rights advocates, please contact us at info@elsc.support.
Throughout the past month, we’ve succeeded in empowering and defending freedom of expression and the right to advocate against repression and injustice in Palestine.
Before all else, the ELSC wishes to draw attention to the urgent situation engulfing Palestine in recent weeks. 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!
AUSTRIA: FOUR UN SPECIAL RAPPORTEURS RAISE CONCERNS ABOUT ANTI-BDS LEGISLATION AND SUED BDS ACTIVIST SECURES FIRST VICTORY IN STRUGGLE FOR JUSTICE
UN Special Rapporteur (SR) on the situation of human rights in the Palestinian territory occupied since 1967, SR on the promotion and protection of the right to freedom of opinion and expression, SR on the rights to freedom of peaceful assembly and of association and SR on the situation of human rights defenders have sent a communication to Austrian authorities. They demand clarification on the City of Vienna’s anti-BDS resolution and the lawsuit filed by the City against a BDS Austria activist.
The SRs expressed “concern that the City of Vienna’s filing of a lawsuit against a member of BDS Austria may hinder the peaceful activities of human rights defenders committed to monitor and denounce human rights violations in occupied Palestine, shrinking the civic space available to them to express legitimate grievances“.
The BDS activist in question has secured a victory on October 22 as the administrative authority at the City of Vienna drops its proceedings! We’re hopeful that this decision pushes the civil court to dismiss the SLAPP still pending against the activist.
Back in April, a judge upheld the SLAPP lodged by the City of Vienna against the activist over the same post. The City’s argument? The sarcastic “Visit apartheid” statement associated with the City’s logo constitutes defamation and BDS “incites to hatred against Israeli people”.
But this latest victory may mark a turning point in the judicial saga. The activist’s lawyer, Elisabetta Folliero, is hopeful that the civil court will now follow suit:
“It is very positive that the administration of the City of Vienna has reaffirmed the importance of the exercise of freedom of opinion. […] We hope that the civil proceedings still pending will also have the same outcome. It is vital to reiterate that freedom of opinion, and freedom of boycott as its component, are essential in order to safeguard democracy.“
UK: WHILE ABERDEEN UNIVERSITY REJECTS IHRA DEFINITION OF ANTISEMITISM, UKLFI DEFENDS TEACHER’S ANTISEMITIC COMMENTS
We congratulate Aberdeen University’s move to reject the IHRA working definition of antisemitism!
We encourage students to continue to resist the adoption and the use of the flawed IHRA definition at university with this toolkit. Combat racism, hold the Israeli government accountable, and reject the IHRA definition of antisemitism!
We encourage students to continue to resist the adoption and the use of the flawed IHRA definition at university with this toolkit. Combat racism, hold the Israeli government accountable, and reject the IHRA definition of antisemitism!
Meanwhile, a member of UK Lawyers for Israel has provided an “expert witness” testimony in support of a teacher sanctioned for antisemitism. The teacher is a supporter of Israel and began posting antisemitic content on social media under a pseudonym in a futile attempt to “bait” Palestine solidarity organisations into endorsing racism. The UKLFI member testified in support of the teacher in an attempt to defend his actions as a supporter of Israel, stating that “the IHRA definition had never been intended for use as a tool to sanction people nor as a means to take away their livelihood or free speech, or indeed to effect discipline.”
Contrasting with UKLFI’s usual stance that anti-Zionism constitutes antisemitism and its strong campaigning for the implementation of the IHRA definition, this case reveals manipulation and insincerity in how the IHRA definition is used by pro-Israel organisations: it is not a tool to combat antisemitism but, rather, a tool to censor Palestinian rights advocacy.
Stay updated on our UK cases with our brand-new country-specific website!
GERMANY: PROGRESS IN CHALLENGING THE BUNDESTAG’S ANTI-BDS LEGISLATION AS NEXT HEARING IS CONFIRMED
The Bundestag 3 for Palestine (BT3P) suing the German federal parliament for the anti-BDS resolution adopted in 2019 mark a new step against resisting the legislation: the next hearing at the Higher Administrative Court Berlin-Brandenbur has been announced for the first half of 2023!
Eight decisions have already affirmed the illegitimacy of anti-BDS law in Germany: the Munich Regional Court, the administrative courts of 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.
✊ Support this crucial legal battle against shrinking civic space in Germany ✊
UN: 65 ORGANISATIONS SEND A LETTER TO THE NEW HIGH COMMISSIONER FOR HUMAN RIGHTS, URGING FOR CONCRETE MEASURES TO ENSURE JUSTICE AND ACCOUNTABILITY FOR THE PALESTINIAN PEOPLE
On 17 October 2022, 65 Palestinian, regional and international organisations sent a joint letter to the new High Commissioner for Human Rights, Mr. Volker Türk, welcoming him in his new position and highlighting some of the recent alarming Israeli policies and practices imposed against Palestinians.
Sign the ECI petition to demand an end to European trade with illegal settlements. Please add your signature and share it with your family and friends!
Support the campaign for the release of the young Ahmad Manasra, detained in Israeli jails and suffering from serious consequences to his mental health.
Check out the second panel on “Anti-Zionism as taboo” organised by Judeobolschewienerinnen with Palestine Speaks, JID Leipzig, Dr. Sarah El-Bulbeisi and Dr Anna-Esther Younes. This discussion is essential in a context such as the German and Austrian, where censorship is widespread. Freedom of expression and of assembly are continuously at risk. Dr. Anna-Esther Younes’ and Walaa Alqaisiya’s cases are clear examples of this climate.
ELSC was proud to participate in the 2022 edition of the Festival des Libertés in Brussels, attending a panel on the criminalisation of solidarity. Listen to the discussion here (French).
USEFUL RESOURCES
Take a look at the new publication on the growing Israeli repression of Palestinian civil society and the crime of apartheid by Palestine Studies and Al Haq.
Read Hebh Jamal’s overview of anti-Palestinian racism, including of the use of the IHRA definition to repress artistic and political expression and the role of mainstream media in amplifying the racist vitriol.
You can find resources on challenging the IHRA definition here.
Read the new report by the UN Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance on ecological crisis climate justice and racial justice. Here, the SP analyses how the IHRA definition risks being weaponised to restrict freedom of expression, demonstration and the press.
Thank you for your continued support!
In solidarity,
The ELSC team
Remember to follow the ELSC on social media @elsclegal 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 are a legal practitioner or a volunteer who wants to be part of our movement in support of Palestinian rights advocates, please contact us at info@elsc.support.
European Legal Support Center (ELSC), Amsterdam and Vienna, November 9, 2022
The Viennese administrative authority has discontinued proceedings brought against the BDS Austria activist, including a fine of up to 3.500€, which accused the activist of committing an administrative offence. The activist and their lawyer are hopeful that this verdict will compel the civil court to dismiss the pending SLAPP and lead to a full vindication of the activist’s rights.
On 20 October 2022, in a positive turn of events, the administrative authority dismissed the proceedings brought against a BDS activist for posting a third-party photo of the famous “Visit apartheid” poster parodically emblazoned with the City of Vienna logo. The charges were initially brought on the grounds of the improper use of the City’s logo, a violation of the Administrative Offences Act which warranted a fine of up to €3.500.
The administrative authority based its sudden halt of the proceedings on section 45(1) of the Administrative Offences Act 1991 (VStG), which allows for a dismissal of proceedings where, among other things: the defendant is innocent, the offence is not reprehensible or the harm raised by the claim is not severe enough to justify the proceedings. Although the administrative authority was unable to specify any one of the reasons listed in section 45(1), the fact that it relied on this provision in the first place clearly shows that it understood the claim to be baseless.
In the meantime, the City of Vienna’s SLAPP against the activist for defamation is still ongoing.
Back in April 2022, a judge contestably upheld the SLAPP lodged by the City against the activist over the same post. In the submission, the City of Vienna complained that the sarcastic “Visit apartheid” statement associated with the City’s logo would amount to defamation and that the BDS (Boycott, Divestment and Sanctions) movement “incites to hatred against Israeli people”. The activist has appealed this decision.
In a letter sent in May 2022 to the Austrian authorities, four UN Special Rapporteurs had also expressed concerns about the City of Vienna’s anti-BDS resolution and the lawsuit that “may hinder the peaceful activities of human rights defenders committed to monitor and denounce human rights violations in occupied Palestine, shrinking the civic space available to them to express legitimate grievances”.
The latest victory may mark a turning point in this judicial saga.
The activist’s lawyer, Elisabetta Folliero, welcomes the decision dated 20 October 2022:
It is very positive that the administration of the City of Vienna has reaffirmed the importance of the exercise of freedom of opinion, thus demonstrating that Viennese institutions still have willpower to tackle violations of fundamental human rights. We hope that the civil proceedings still pending will also have the same outcome. It is vital to reiterate that freedom of opinion, and freedom of boycott as its component, are essential in order to safeguard democracy.
The judgment on the appeal against the interim decision has not yet been issued, and a hearing for the civil lawsuit is yet to be set.
TAKE ACTION
Donate to support the BDS activist in their legal battle
UN Special Rapporteur (SR) on the situation of human rights in the Palestinian territory occupied since 1967, SR on the promotion and protection of the right to freedom of opinion and expression, SR on the rights to freedom of peaceful assembly and of association and SR on the situation of human rights defenders sent a communication to Austrian authorities, asking clarification on the City of Vienna’s anti-BDS resolution and the lawsuit the City filed against a BDS activist.
In the communication sent on 20 May 2022, the SR raised their concerns about the resolution adopted in 2018, “which includes undue restrictions to the rights to freedom of opinion and expression, peaceful assembly and of association”. They further expressed “concern that the City of Vienna’s filing of a lawsuit against a member of BDS Austria may hinder the peaceful activities of human rights defenders committed to monitor and denounce human rights violations in occupied Palestine, shrinking the civic space available to them to express legitimate grievances”.
The BDS Austria activist published a social media post showing 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, the City of Vienna filed a SLAPP (Strategic lawsuit against public participation) against the activist on the grounds of defamation and unlawful use of the City’s logo. It claimed that 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”. In a highly contestable decision delivered on 6 April 2022, the Commercial Court of Vienna endorsed the City’s lawsuit and ruled against the BDS activist.
The SR are worried that “this judgement in the first instance consolidates the City of Vienna’s motion against the BDS movement”. The resolution, which falsely labels the BDS movement as “antisemitic”, was indeed invoked by the City in the lawsuit. As stated in a legal opinion commissioned by the ELSC and authored by Professors Xavier Dupré De Boulois, Eric David, Richard Falk and John Reynolds, the resolution infringes on the fundamental rights of freedoms of expression, association and assembly of Palestinian rights advocates.
Moreover, the SR recalled the legality and legitimacy of the BDS movement: “we point out that expressing support for, or opposition to, BDS, is fully guaranteed by the rights to freedom of opinion, expression and association” enshrined in articles 19, 21 and 22 of the International Covenant on Civil and political Rights. They also cited the European Court of Human Rights milestone judgement Baldassi and Others v. France and positive case law confirming the right to BDS in France and Germany. The SR further added that “this is in line with the Jerusalem Declaration on Antisemitism (JDA)” which “stipulates that ‘boycott, divestment and sanctions are commonplace, non-violent forms of political protest against states’.”
On 8 July 2022, the Austrian authorities replied to the communication, failing to respond to most of the requests sent by the Special Rapporteurs. Instead, they reiterated their baseless and unfounded claims targeting BDS Austria: “Their movement’s campaigns are often referred to as antisemitic”. They stood firm in a problematic position that was observed in the context of the lawsuit against BDS Austria and that contradicts the freedom of expression and protection of human rights defenders.
The reply of the Austrian authorities makes the legal battle of the activist even more necessary in order to challenge the suppression of Palestinian rights advocacy in Austria. The BDS activist appealed the Court decision and is ready, if necessary, to stand before the European Court of Human Rights to assert his fundamental right to freedom of expression, a right enshrinedin Article 10 of the European Convention on Human Rights.
SUPPORT FUNDAMENTAL RIGHTS – TAKE ACTION
Donate to help the activist covering the legal fees
Sign the petitionco-sponsored by the ECCP to ask the Municipality of Vienna to stop its lawfare against BDS activists
Throughout the past few months, the solidarity movement has won several victories in pushing back against repression. Through legal challenge and public advocacy, it is possible to make our critical voices heard!
We need your continued support to keep up the crucial fight for freedom of expression and Palestinian rights.
GERMANY: TWO SUCCESSFUL LAWSUITS AGAINST DEUTSCHE WELLE
In July 2022, we witnessed the first victory for a journalist involved in the Deutsche Welle (DW) case that began back in February 2022, when the public broadcaster fired seven Arab journalists based on allegations of antisemitism. The Bonn Labour Court found that the dismissal of Palestinian journalist Maram Salem by the German outlet was unlawful.
Then, in September 2022, the Berlin Labour Court ruled in favour of Farah Maraqa, ordering DW to reinstate her and cover the costs of the legal dispute.
However, the DW management seems to have institutionalised its prejudiced stance in a new Code of Conduct that mentions Israel twice, including: “Due to Germany’s history, we have a special obligation towards Israel.” It is unclear what obligations this statement is implying for DW employees or subcontractors. This raises important questions related to press independence.
NETHERLANDS: A POSITIVE PRESS COUNCIL DECISION FOR PALESTINIAN RIGHTS ADVOCATES
In August 2022, the Dutch Press Council ruled that Dutch daily newspaper Algemeen Dagblad acted carelessly by publishing allegations of antisemitism against The Rights Forum without hearing them.
❗NL Press Council rules that a newspaper can't publish antisemitism allegations against a person without hearing the party accused. ⚖️justice for @TheRightsForum, facing a smear campaign aimed at restricting its journalistic use of FOI requests to research pro-Israel advocacy https://t.co/TAit5UVQr6
— European Legal Support Center (ELSC) (@elsclegal) August 5, 2022
This is an important achievement considering the Dutch NGO has been facing a harsh smear campaign since the beginning of the year, after it filed a Freedom of Information Request (FOI) seeking to research ties between Dutch universities and pro-Israel advocacy groups as well as Israeli institutions, government agencies and Israeli arms, surveillance and security companies.
The Rights Forum also achieved a significant victory against disinformation. After the organisation alerted Google about a Google ad sponsored by the Israeli government labelling Amnesty International as antisemitic, Google took down the ad within one day.
DOCUMENTA FIFTEEN: “WE ARE DETERMINED, WE ARE TOGETHER, WE ARE NOT GIVING UP”
On 25 September 2022, the world’s largest contemporary art exhibition, documenta fifteen, closed after months of brutal and unfounded allegations against the curators ruangrupa, members of the artistic team and participating artists. Palestinian artists and others who expressed solidarity with them faced smears, insults, assaults, death threats, cyber harassment and vandalism.
In the latest development, a committee appointed to investigate antisemitism into documenta fifteen issued a very controversial preliminary report and a statement accusing the lumbung community (ruangrupa and artists) of Israel-related antisemitism. The community responded with a powerful statement denouncing racism, Eurocentrism and censorship.
VIENNA: NEW COURSE AT VIENNA FINE ARTS ACADEMY SIGNALS FURTHER ERASURE OF PALESTINIAN NARRATIVE
The Austrian institution that censored Palestinian academic Dr. Walaa Alqaisiyia will host a course entitled “Antiantianti – Conflicts about Antiantisemitism and Antiracism in the Politicized Art World” and will be using Walaa’s disinvitation as a case study.
The abstract of the course clearly displays a pro-Israel bias and misrepresents the Palestine solidarity movement. We condemn the holding of a course that is likely to fuel insidious censorship of genuine anti-racist discourse.
#STOPTRADEWITHSETTLEMENTS: A NEW PARTNER IN THE GLOBAL CAMPAIGN TO BAN EU TRADE WITH ILLEGAL SETTLEMENTS
Avaaz just joined the #StopTradeWithSettlements coalition and calls on everyone to sign the European Citizens’ Initiative to ban EU trade with illegal settlements!
Friends of the Earth Europe also published a compelling and important blog post over the summer. The largest grassroots environmental network in Europe explains the link between food sovereignty in Palestine and Israeli settlements, highlighting the necessity to stop all EU trade with the latter.
#STANDWITHTHE6: A NEW PHASE OF REPRESSION AGAINST PALESTINIAN CIVIL SOCIETY
On the morning of 18 August 2022, the Israeli Occupation Forces (IOF) raided the offices of seven Palestinian organisations including the six that were designated as “terrorist” by the Israeli government in October 2021. The IOF confiscated documents and equipment, destroyed material, sealed entrance doors and left military orders ordering the closure of the organisations. Over 150 organisations, including the ELSC, demanded the international community take all the necessary action to support and protect Palestinian human rights defenders.
So far, the EU has remained quiescent on the matter, as it has regarding the protection of French-Palestinian human rights defender Salah Hammouri. For the past two decades, Salah has been subjected to constant harassment and deprivation of his fundamental rights by Israeli authorities. His three-month administrative detention based on “secret evidence” was again renewed at the beginning of September 2022 and he has now been transferred into solitary confinement. Along with other political prisoners, Salah began a hunger strike on 25 September and has since been deprived of salt. Read more in the urgent letter sent to French President Emmanuel Macron by Salah’s lawyers.
📣 Join the #JusticeforSalah campaign and amplify it on Twitter and Instagram 📣
Undeterred by these worrying recent developments which contradict the basic principles of international law, the EU continues to tighten its cooperation with Israel by convening the EU-Israel Association Council after 10 years amid widespread protest from Palestinian, European, and international civil society organisations.
RESOURCES & NEWS FROM AROUND EUROPE AND BEYOND
#PromisedLand: the Italian centre for investigative journalism Irpi Media launched a series of reports exposing the links between the Israeli government and far-right parties in Europe. The first piece of “Promised Land”, authored by journalists Christian Elia and Lorenzo Bagnoli, shows how the Italian far-right cultivates relationships with antisemitic figures while strongly supporting Israel’s policies, including silencing pro-Palestine voices.
Our Canadian partners, Independent Jewish Voices (IJV), are launching a pivotal report on the suppression of speech concerning Palestine in Canada. Join the report launch event with a panel of brilliant activists and scholars, including Anna-Esther Younes.
Dr Anna-Esther Younes has herself been facing ongoing attempts to suppress her voice as a Palestinian decolonial scholar. Read more about her case and how you can help us push back against increasing repression in Europe below:
The ELSC recently joined CASE, the Coalition Against SLAPPs in Europe! We are happy to join other non-governmental organisations united in recognition of the threat posed to public watchdogs by SLAPPs (Strategic Lawsuits Against Public Participation). SLAPPs are an abuse of the legal system and an attempt to intimidate and silence public watchdogs, including Palestinian rights advocates, through lengthy and expensive litigation that drains a target’s resources and seeks to dissuade critical voices.
With CASE, we will work to expose legal harassment and intimidation, protect the rights of those who speak out and advocate for comprehensive protective measures and reform. As part of this work, the ELSC will join the next European Anti-SLAPP Conference in Strasbourg on 20 October 2022.
Remember to follow the ELSC on social media @elsclegal 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 are a legal practitioner or a volunteer who wants to be part of our movement in support of Palestinian rights advocates, please contact us at info@elsc.support.
Photo: CC Jan-Hendrik Pelz12, “An Inner Place” talk at the documenta fifteen exhibition.
This month, at least three cases confirmed, again, that public pressure and collective support, sometimes coupled with litigation, constitute a great tool to achieve our rights as advocates for Palestinian rights!
GERMAN AUTHORITY HOLDS RIAS AND MBR ACCOUNTABLE FOR VIOLATING ANNA YOUNES’ DATA RIGHTS
The Berlin Data Protection Authority (DPA) held German organisations RIAS Berlin and MBR accountable for violating the rights of German Palestinian scholar Dr. Anna-Esther Younes. The two organisations had previously circulated a secret dossier which led to her disinvitation from a public event.
Two years after Dr. Anna Younes filed a complaint to the DPA with our support, the DPA finally found that RIAS/MBR violated European data protection law (GDPR) in refusing to give Dr. Younes access to the data they hold on her. The DPA recognised Dr. Younes’ basic data rights as a European citizen, which comes after another previous success where the civil court affirmed the right of Dr.Younes to have access to her data.
But this is not over yet! RIAS/MBR previously acknowledged that the purpose of the dossier was to identify Dr. Younes’ positions on Israel and BDS. They secretly sent this dossier to a third party to get her disinvited. However, the DPA considered that this was lawful and that RIAS/MBR pursued a legitimate purpose in collecting and transmitting information about Dr. Younes.
We will appeal this decision. Do you want to help us?
After Palestinian human rights organisation Al-Haq started legal proceedings against the European Commission for suspending its funding in May 2021 based on an Israeli disinformation campaign, the EU recognised there were no grounds to do so and resumed its funding to Al Haq on 28 June 2022.
The EU also resumed unconditionally and with immediate effect its funding to the Palestinian Centre for Human Rights (PCHR), which had faced the same suspension as Al-Haq.
The prominent Palestinian activist and poet Mohammed El Kurd faced an attempt of censorship at a conference organised by the Goethe Institute in Hamburg about right-wing extremism and authoritarian regimes’ tactics, where he was invited to speak. Few days before the start of the conference, the institution revoked the invitation, raising social media posts criticizing Israel that they “did not find acceptable”. In solidarity with El Kurd, the curators of the conference Moshtari Hilal and Sinthujan Varatharajah withdrew their participation and denounced the climate of anti-Palestinian racism in German institutions. Thanks to this push back, many other participants of the event withdrew, which led to the entire program being scaled down.
We also celebrate a victory in Stuttgart this month, as the City of Stuttgart decided it will not appeal the decision issued by the Stuttgart Administrative Court on 21 April 2022 in favour of the Stuttgart Palestine Committee. The Court had upheld the Committee’s complaint against the City’s decision to remove their access and details from the Municipality’s website.
This incident had happened following a smear campaign launched by the Jerusalem Post against the Committee because of its support to the Palestinian-led BDS movement. The City of Stuttgart had justified its decision citing the Bundestag’s anti-BDS resolution, while the Court had recalled that the BDS movement is protected by freedom of expression and that the Bundestag’s resolution is not binding.
But this time, the City acknowledged the illegality of their decision. One of their spokespersons said:
for purely legal reasons, we have decided not to appeal against it. Based on the current jurisprudence, as it has been elsewhere, we estimate the chances of being successful with an appeal to be very low. That is why we have put the address of the Palestine Committee back on the municipal homepage.
🚨Victory for BDS activists in Stuttgart!✌️🏽 The City of Stuttgart acknowledged the illegality of its decision to remove the details of Stuttgart Palestine Committee from its website. The City complied with the Stuttgart Administrative Court's decision & put back the details.👇🏽1/4 pic.twitter.com/xlunuQDWal
— European Legal Support Center (ELSC) (@elsclegal) July 6, 2022
Palestinian-Jordanian journalist Farah Maraqa, who has been unfairly dismissed by German broadcaster Deutsche Welle (DW) along with five other Arab journalists in February 2022, published an update about her court case against DW.
Update on court. My lawyers just submitted my statement to the court after receiving Deutsche Welle’s one. A painful but a must battle I'm fighting. I've been silent for a while, appreciating your support. And I will be speaking soon again. (1/2)
AUSTRIA: THE CASE OF PALESTINIAN SCHOLAR WALAA ALQAISIYA
Dr. Walaa Alqaisiya, Research Fellow at Columbia University, the LSE Middle East Centre and Università Ca’ Foscari, also faced anti-Palestinian racism and censorship from Austrian public institutions when she was disinvited by the Mumok Museum and the Academy of Fine Arts of Vienna from their Spring Curatorial Program at the end of May 2022. The cancellation of her lecture followed a smear campaign on social media and a complaint from pro-Israel advocacy groups. Art media Art Forum and Hyperallergic wrote about the episode.
Hundreds of artists, writers and academics, including Judith Butler, Roger Waters, Angela Davis and Dirk Moses, have voiced their outrage in the wake of the last-minute cancellation, which pushed one of the co-curators to remove the remainder of the program from the premises of the cancelling institutions. Nevertheless, the Fine Arts Academy and the MUMOK still have not stepped back on their statement, nor recognised the damage done to Dr. Alqaisiya’s reputation. She is still waiting for a public apology from the Rector of the Fine Arts Academy and further explanation on the decision making process.
🚨CENSORSHIP UPDATE👏🏽 After @WAlqaisiya's lecture was cancelled by @akbild, co-organisers Verein K and the curator of the program just announced the retreat of the remainder of the program from the premises of the cancelling institutions.👇🏽https://t.co/xEXuc3yiPM 1/3 https://t.co/4HYvAECgd8
— European Legal Support Center (ELSC) (@elsclegal) May 30, 2022
7 MORE MONTHS TO BAN EU TRADE WITH ILLEGAL SETTLEMENTS WORLDWIDE!
Join the European Citizens Initiative #StopSettlements to ban EU trade with illegal settlements!
With one million EU citizens signing the Initiative, the EU will have to reassess its complicity with illegal settlements. It would be an historical step in realigning the EU with its own rules when it comes to trade and in making Israel accountable for its illegal settlement policy.
Send the petition to your friends, family members. Share on your chat groups and social media: Twitter, Instagram, Facebook, and LinkedIn.
UK: LEGAL ACTION AGAINST TWITTER TROLL AFTER AN ONLINE SMEAR CAMPAIGN
Peter Bolton is a journalist with The Canary, where he writes about Israel-Palestine among other topics. One year ago, Peter Bolton published a piece denouncing the continuous smear campaigns and unfounded allegations of antisemitism made against the Left in the UK.
Following that, Peter Bolton became himself the target of similar unfounded allegations on Twitter. A fake Twitter account started to spread smears against the journalist, which were amplified by other accounts and retweeted many times. Peter Bolton decided to take legal action against the troll to make it accountable and deter others who would spread defaming allegations online against anyone standing for justice with Palestinians and Palestinian rights advocates.
Last month, the ELSC joined the in-person panel organised in Amsterdam by the Leonhard-Woltjer Foundation (LWS) and Een Ander Joods Geluid (A Different Jewish Voice) on “How Israel lobbies make it harder to speak up against Israel’s policies”.
Our Advocacy and Communication Officer Alice Garcia joined Dina Zbeidy (anthropologist at Leiden University and LWS board member), Peter Beinart (professor of journalism and Editor-at-large of Jewish Currents), as well as Layla Kattermann and Itaï van de Wal (student activists in Leiden and Utrecht universities) in the panel to give an overview of the situation in The Netherlands (see from 45min).
In a milestone decision for accountability and Palestinian rights, Catalonia Parliament became the first Parliament in Europe to recognise that Israel is committing the crime of apartheid, after the approval of a resolution.
On 16 May 2022, the Berlin Data Protection Authority (DPA) decided in favour of Dr. Anna Younes and issued a warning against VDK, representing RIAS Berlin and MBR. The two organisations had prepared a secret dossier on Dr. Younes, which aimed at identifying “her positions on Israel and BDS”. The dossier also framed her as supporter of terrorism, sexism and anti-Jewish racism and resulted in her disinvitation from a public event on anti-racism organised by Die Linke in November 2019. Furthermore, the DPA rejected RIAS/MBR’s claim and stated that they “did not have a serious scientific purpose” nor a journalistic one when preparing this dossier. After almost two years, the DPA finally found RIAS/MBR violated European data protection law (GDPR) and recognised Dr. Younes’ basic data rights as a German citizen. Further legal action will be taken.
Nearly two years after Dr. Younes filed a complaint to the Berlin Data Protection Authority (DPA), the DPA issued a final decision on RIAS/MBR’s duty to provide access to her data. This decision follows a months-long public media campaign as well as a lawsuit brought against the DPA for its inactivity, both designed to expedite the legal process and obtain reparation for the damage inflicted on Dr. Younes. This decision also comes after a first victory for Dr. Younes in the beginning of May 2022, as a district court ruled in her favour and RIAS/MBR disclosed a part of the information they collected on her – namely, the dossier, which had been leaked to Dr. Younes. RIAS/MBR state in their answer to the DPAthat they collected information on Dr. Younes in order to “identify her positions on Israel and BDS”.
The DPA’s decision finally upheld Dr. Younes’ right to obtain access to the personal data collected by RIAS/MBR as ensured by European and German data protection law. In so doing, it rejected RIAS/MBR’s claims that the covert data gathering and sharing pursued journalistic and research purposes, which would have entitled the organisations to an exemption from providing this information.
Indeed, the DPA found that RIAS/MBR failed to follow a scientific methodology and limited itself to creating a “compilation of publicly accessible facts without deriving any new findings on them”. The DPA further rejected the invocation of a journalistic privilege, considering that the dossier was “explicitly not intended for publication and thus cannot represent an indirect contribution to the formation of public opinion”.
For these reasons, the DPA held that RIAS/MBR had violated article 15(1) of the GDPR on the right of access by the data subject. In this regard, Dr. Younes and the ELSC welcome the DPA’s decision.
Nonetheless, the DPA deemed that the framing of the data and its private transmission of the dossier to Die Linke was lawful, without explaining the grounds for said surveillance in the first place. Nor did this decision take into consideration Dr. Younes’ right to reputation, to not be misrepresented as having an “Antisemitic attitude”.
After more than two years, it is a relief that the DPA held RIAS/MBR MBR accountable, whose conduct amounts to surveillance. We welcome the DPA’s decision that RIAS/MBR cannot legitimate their conduct on pretences of journalism or an ostensible scientific activity. Nevertheless, we deeply disagree with the DPA that RIAS/MBR’s preparation and transmission of the dossier was legitimate, as this resulted in significant damage to Dr. Younes’ professional and personal reputation and sends a clear message to all Palestinians in Germany. We will appeal the decision.
European Legal Support Center (ELSC), Amsterdam and Berlin, May 17, 2022
On 6 May 2022, the Berlin District Court upheld Dr. Younes’ claims and ordered VDK – the German state-funded organisation that legally represents RIAS Berlin and MBR – to give Anna Younes access to data that the two civil society organisations had gathered on her and passed on to others. The information released so far reveals that RIAS and MBR have been collecting people’s personal data based on their “positions on Israel and BDS.”
In November 2019, RIAS and MBR created a secret dossier which depicted Dr. Younes as an anti-Jewish racist, terrorist sympathiser and sexist. The dossier was then sent to Katina Schubert, the head of the political party Die Linke/The Left in Berlin. This resulted in Dr. Younes’ exclusion from a public event organised by the party. This conduct infringed upon Dr. Younes’ right to privacy, freedom of expression, and academic freedom. RIAS/MBR’s actions amount to digital surveillance.
In March 2020, Dr. Younes, with the support of her lawyer and the ELSC, requested RIAS provide access to her personal data, based on data rights under EU Data Protection Law. RIAS/MBR refused. Therefore, she brought her case to the Berlin Data Protection Authority (DPA), and then to court. Additionally, she had to file two lawsuits at the beginning of April 2022, due to the non-processing of her case by the DPA.
However, it was only after a public media campaign was launched and more than 1,000 scholars, organisations, artists, journalists and activists supported her, that the DPA finally acknowledged Dr. Younes’ right to access her data. On 2 May 2022, RIAS/MBR withdrew their original position that Dr. Younes had no right to access her data, released the secret dossier previously disseminated and finally acknowledged the merits of her claim. A few days later, the court also handed down its decision in favour of Dr. Younes.
Most importantly, RIAS/MBR admitted to collecting data on, “Dr. Younes’ positions on Israel and the BDS movement.” The latter is a classification that most likely derives from MBR/RIAS’ use of the contested “IHRA Working Definition of Antisemitism”.
Dr. Anna Younes and the ELSC welcome the decision of the District Court and the reconciliatory reaction of the DPA. The ELSC expects the DPA to acknowledge that RIAS and MBR illegally passed the secret dossier on to Katina Schubert, which led to a violation of Dr. Younes’ privacy rights – amongst other things.
Following this victory, Dr. Younes and her lawyer will request damages in court as RIAS/MBR prevented her from accessing her information for approximately two years. It also remains to be clarified whether RIAS and MBR have been storing further data other than those revealed in the disseminated dossier.
“This is an important victory because organisations using the IHRA definition for the surveillance of Palestinian rights advocates will be required to provide access to the information they collect on individuals. We believe that this is not an isolated case and that there is a structural issue of profiling Palestinians and Palestinian rights advocates in Germany. This is what we intend to challenge further in court. This demeanour creates a chilling effect and limits democratic participation in public debate.” – Giovanni Fassina, Director of the ELSC.
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.
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)
This month was marked by the launch of the campaign in support of German-Palestinian scholar Dr. Anna Younes. She is a German Palestinian academic who has been subjected to several disinformation campaigns and surveilled. In 2019, she discovered that a secret dossier circulated about her, distorting her academic work and other data to frame her as anti-Jewish racist, sexist and as a terrorist sympathizer. After two long years of proceedings with the Berlin Data Protection Authority that failed to issue a final decision on her case, Dr. Younes is now filing two lawsuits to seek justice.
This case illustrates the increasing violation of democratic principles with respect to Palestinian rights advocates across Europe and Germany in particular. It infringes on the right to privacy, freedom of expression and the participation in public life of anti-racist and decolonial advocates in Europe. Read here Middle East Eye’s report on the case.
Thanks to your support we aimed to raise more than 600 euros to sustain Dr. Younes’ legal costs. We need more help to cover the total costs of the lawsuits and support other advocates in Germany who might face surveillance as well.
Over 500 scholars, activists, artists, organisations and human rights defenders signed a letter to support Dr. Anna Younes and other scholars, activists and journalists against censorship and surveillance in Germany. Angela Davis, Judith Butler, Noam Chomsky, Roger Waters and others signed the letter, join them!
Despite the harsh climate for Palestinian rights advocates in Germany, two new judgements delivered on the 21st of April and the 26th of April in Stuttgart shows us, again, that litigation to defend our fundamental rights works.
Palästinakomitee Stuttgart was targeted by several unfounded smear campaigns because of their support to the Palestinian-led BDS movement. In two different episodes, the City of Stuttgart withdrew the Committee’s access to the City’s website to advertise their activities, and the Landesbank Baden-Württemberg Bank announced the termnation of their bank accounts. Both decisions where based on the German Parliament’s anti-BDS resolution (among other reasons).
The activists legally challenged those undemocratic decisions and the Courts gave them reason. The Administrative Court and the Regional Court of Stuttgart both held that the Bundestag’s anti-BDS resolution lacks any legal binding effect. The Administrative Court reaffirmed that the BDS movement does not incite hatred against the Jewish people, and that it must be protected from undue interference.
These decisions are consistent with a growing trend in German case law, which upholds the legitimacy of BDS. Read our analysis. Ahmed Abed, the lawyer who defended the Stuttgart activists, is also challenging the German Bundestag’s anti-BDS resolution with the Palestinian-Jewish-German team of activists BT3P.
The Court’s decision is deeply problematic as it ignores the evidence submitted on behalf of the BDS activist, including legal opinions of renowned international and Israeli scholars. Furthermore, the Court ignored the existence of the Israeli system of apartheid towards Palestinians, a fact that is meticulously documented by organisations such as Amnesty International, Human Rights Watch, B’tselem and the UN Special Rapporteur on Human Rights in the Occupied Palestinian Territory.
The BDS activist intends to appeal the decision and is ready, if necessary, to stand before the European Court of Human Rights to assert his fundamental right to freedom of expression.
The UK government is proposing an “anti-boycott bill” that, if passed, could dramatically affect individual and organisations’ ability to campaign for social and climate justice in the UK and around the world. We are proud to be among the 40+ organisations opposing this bill.
BANNING EU TRADE WITH ILLEGAL SETTLEMENTS: HELP US GET TO 1 MILLION SIGNATURES!
More than 170 organisations, including the ELSC, Human Rights Watch, Friends of the Earth, Avaaz and many others, joined the Stop Settlements Coalition calling to sign the European Citizens’ Initiative. We need 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 and EU trade obligations.
WEBINARS ON THE WEAPONISATION OF THE FIGHT AGAINST ANTISEMITISM TO SILENCE CRITICISM OF ISRAEL
Law For Palestine held a webinar on “The Anti-Semitism Label: Fighting Discrimination V. Silencing Critical Voices”. The webinar examined the IHRA definition of Anti-Semitism, which many states and institutions have endorsed as a tool to combat antisemitism. Our Director Giovanni Fassina joined Former UN Special Rapporteur on Palestine Professor Richard Falk and Professor of International Law Neve Gordon in the panel.
This month, the ELSC also participated to the webinar “Enforcing Silence: the Criticism of Israel, freedom of expression and anti-Semitism label”, organised by the Community Action Center – Al-Quds University. The event presented the definitions of anti-Semitism, notably among EU countries, limitations on the academic freedom of opinion, journalists’ freedom of expression, and the persecution of critics of the ongoing Israeli policies and practices against the Palestinian people.
COMING EVENTS
The ELSC will participate to a webinar organized by BRISMES on “Teaching Palestine in the Present”, on the 4th May 2022, 16:00-18:00 (UK time). Join us and register below.
The Palestinian NGOs Network (PNGO) is looking for an experienced and driven Advocacy Expert who can strategically develop their understanding of, and relationships with, the institutions of the European Union and relevant bodies. The EU Advocacy Expert will support PNGO in amplifying the Palestinian narrative and the effectiveness of Palestinian advocacy efforts in the EU.
BADIL Resource Center for Palestinian Residency and Refugee Rights opened its call for applications for its International Mobilization Course on the Inalienable Rights of the Palestinian People in Palestine from Sunday 24 July to Tuesday 2 August. A great opportunity for international advocates, researchers, activists, policy officers to gain a deeper understanding of a human rights based approach to international mobilisation for the rights of the Palestinian people.
If you would like to join the course, please fill the application form and send it, along with your CV, to leila@badil.orgbefore 16 May 2022.
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 are a legal practitioner or a volunteer who wants to be part of our movement in support of Palestinian rights advocates, please contact us at info@elsc.support.
The ELSC Director Giovanni Fassina will join a great panel of scholars, researchers and representatives of NGOs at a webinar organised by The British Society for Middle Eastern Studies (BRISMES) on “Teaching Palestine in the Present”.
Régis Debray has spoken, in a famous paragraph, of the constant difficulty of being contemporary with our present. In Europe at least, we have yet to be sufficiently contemporary with our past.
(Perry Anderson, Antinomies of Antonio Gramsci, 1976, p. 78)
Who writes Palestinian history, in the present, and down to the present? How is it written and practiced, in and outside Europe, and what for? How has what the Italian revolutionary and intellectual Antonio Gramsci called the ‘war of position’ (an organizational and cultural struggle in the ‘fortresses’ of civil society) been fought from above and below in schools and universities? What are the stakes of the struggle? Who is involved? This panel addresses these questions by examining factors such as the Boycott, Divestment, Sanctions movement, transnational Palestinian solidarity, university politics, the firing of academics, publishing, education, academic freedom, pro-Israeli groups and individuals, state power, and Zionism. We will aim to open up a wide-ranging discussion of how the ‘integral politics’ of Palestinian history are playing out amid contested forms of hegemony in the present, while considering how those in Middle East Studies can best intervene.
Chair
Teodora Todorova (Teaching Fellow in Sociology, University of Warwick / Chair, BRISMES Committee on Outreach and Pedagogy)
Discussant
Yara Hawari (Al-Shabaka: The Palestinian Policy Network)
Speakers
Mai Abu Moghli (Senior Researcher and a Co-Principle Investigator on an Education in Emergencies Programme at the Centre for Lebanese Studies)
Tamara Ben-Halim (Co-Director and Founder of MAKAN)
Nicola Pratt (Professor, International Politics of the Middle East, University of Warwick / BRISMES Committee on Academic Freedom)
Giovanni Fassina (Programme Director, European Legal Support Centre – ELSC)
Martin Konečný (Director, European Middle East Project – EuMEP)
John Chalcraft (Professor of Middle East History and Politics, London School of Economics / BRISMES Secretary / Director of BRISMES Campaigns).
The UK government is proposing an ‘anti-boycott bill’ that, if passed, could dramatically affect the ability of individuals and organisations to campaign for social and climate justice in the UK and around the world.
We as a collection of organisations have written the following statement to express our opposition to the bill:
Civil Society Statement
As a group of civil society organisations made up of trade unions, charities, NGOs, faith, climate justice, human rights, cultural, campaigning, and solidarity organisations, we advocate for the right of public bodies to decide not to purchase or procure from, or invest in companies involved in human rights abuse, abuse of workers’ rights, destruction of our planet, or any other harmful or illegal acts. We therefore oppose the government’s proposed law to stop public bodies from taking such actions.
The government has indicated that a main intention of any legislation is to ensure that public bodies follow UK foreign policy in their purchasing, procurement, and investment decisions, particularly relating to Israel and Palestine. We are concerned that this would prevent public bodies from deciding not to invest in or procure from companies complicit in the violation of the rights of the Palestinian people. We affirm that it is the right of public bodies to do so, and in fact a responsibility to break ties with companies contributing to abuses of rights and violations of international law in occupied Palestine and anywhere else where such acts occur.
From bus boycotts against racial segregation to divestment from fossil fuel companies to arms embargoes against apartheid, boycott, divestment, and sanctions campaigns have been applied throughout history to put economic, cultural, or political pressure on a regime, institution, or company to force it to change abusive, discriminatory, or illegal policies. If passed, this law will stifle a wide range of campaigns concerned with the arms trade, climate justice, human rights, international law, and international solidarity with oppressed peoples struggling for justice. The proposed law presents a threat to freedom of expression, and the ability of public bodies and democratic institutions to spend, invest and trade ethically in line with international law and human rights.
We call on the UK government to immediately halt this bill, on opposition parties to oppose it and on civil society to mobilise in support of the right to boycott in the cause of justice.
European Legal Support Center (ELSC), Amsterdam and Vienna, April 13, 2022
In a highly contestable decision delivered on 6 April 2022 in the case between the City of Vienna and a member of BDS Austria, the Commercial Court of Vienna endorsed the City’s Strategic Lawsuit Against Public Participation (SLAPP), ruling against the BDS activists. The Austrian activists will appeal this decision.
The judge ordered that the BDS activist must no longer use the logo of the City of Vienna in connection with any publication or public statement in order to avoid that the latter may be interpreted as issued by the City. The Court forbade the use of the City’s logo, although it was not proven in any way that the activist had ever done so.
The City sued the activist for publishing a sarcastic social media post that contained a picture of the famous “Visit Apartheid” poster attached to a billboard carrying the official logo of the City of Vienna. The City alleges that the BDS movement holds “antisemitic views” and “incites hatred against Israeli people”. Accordingly, it claimed that being publicly associated with BDS and with “the designation of the situation in Israel/Palestine as ‘Apartheid’ causes damage to [its] reputation”, and that this would therefore amount to defamation.
The judgement of the Vienna Court significantly deviates from prior judgments issued by the European Court of Human Rights, notably its judgment in Baldassi and Others v. France, as well as from emerging case law in Germany, all of which confirm the legitimacy of the Palestinian civil society-led BDS movement.
The Court’s decision is deeply problematic for the following reasons:
The Court exclusively based its reasoning on the City’s documents, while disregarding the 22 pieces of evidence submitted on behalf of the BDS activist, including legal opinions of renowned international and Israeli scholars.
It was clear from the BDS activist’s social media post that the apartheid poster did neither originate from the City nor express the views of the City. The activist’s post was not a factual assertion but rather satirical humour, which was taken out of context and used to silence advocacy for Palestinian rights.
The BDS activist intends to appeal the decision and is ready, if necessary, to stand before the European Court of Human Rights to assert his fundamental right to freedom of expression, a right enshrinedin Article 10 of the European Convention on Human Rights.
Regarding next steps, the activist’s lawyer, Elisabetta Folliero, said:
“My client wants to proceed with the appeal, which is crucial for the defence of the fundamental right to freedom of expression. The City’s claim of financial compensation for damages and the cost of the legal proceedings, which my client will be required to pay if the appeals court upholds this controversial judgement, has already a chilling effect on support for Palestinian rights in Austria. For this reason, we ask for solidarity, including donations, which will support our appeal.”
TAKE ACTION
Donate to help the BDS activist with the legal costs
Dear friend, This month was marked by Women’s Rights Day as well as the Israeli Apartheid Week, where many students and activists organised events and protests to show solidarity with the Palestinian people and raise awareness about the Israeli apartheid. This week was not free from censorship, especially on campus, as shown by an incident in The Netherlands. We also share updates from the European Citizens’ Initiative Campaign as well as news from Germany, Austria, and a vacancy to work with us in the UK!
A GREAT JOB OPPORTUNITY IN THE UK
We are seeking a Legal Officer to oversee our cases and projects emanating from the UK. If you want to join a young and dynamic team and you’re passionate about defending Palestinian rights advocacy and UK law, apply before 17 April 2022.
The role will cover: 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.
Two months after the hearing in Vienna, BDS Austria is still waiting for a ruling by the Court on the lawsuit filed by the Municipality of Vienna over a social media post of the famous “Visit Apartheid” poster. The anti-SLAPP task force Protect the Protest interviewed BDS Austria about the SLAPP they are facing. The group shared a strong message:
“continue doing the work, build networks, and seek international support”
BDS Austria stands strong and keeps protesting against Israeli apartheid and against the attempts to silence them. It is time now to reinforce the pressure. Email directly the Mayor of Vienna to ask him to end this lawsuit.
Students for Palestine, a group of activist students in The Hague, organised a panel discussion on apartheid in Leiden University with South African and Palestinian scholars. Only a few days before the date of the event planned for the beginning of the Israeli Apartheid Week, the University refused to host the event, alleging that the chair – the well-respected scholar in anthropology and law Dina Zbeidy – was “not neutral”.
After hundreds of academics and students protested this breach of academic freedom and raised concerns of anti-Palestinian racism, the University accepted to host the event on a different campus, but again, required to replace the chair. As the students refused to give in to the pressure, Leiden University cancelled again the event, which eventually took place in a cultural venue in The Hague. This incident caught the attention of BIJ1 MP Sylvana Simons who raised a question in Parliament.
Read more here and join the 1700 students and scholars who signed the letter to Leiden University.
Following the dismissal of 7 journalists and the publication of an extremely biased investigation by the Deutsche Welle (DW), Palestinian-Jordanian Farah Maraqa took the German state broadcaster to court and had a first hearing. Farah Maraqa, who the ELSC is supporting, is determined to pursue her legal battle against her unsubstantiated termination.
The DW has set a very dangerous precedent for the freedom of the press in Germany. The fact that the IHRA definition was used as a frame of the investigation shows, again, the very worrying chilling effect of the definition on freedom of expression and on accurate reporting on Israel-Palestine.
Nevertheless, legal battles are worth undertaking since, in the past years, we have observed a coherent and positive case law on anti-BDS policies in Germany. In 8 decisions, German courts have consistently upheld the right of activists to use public facilities for BDS-related events, thus reaffirming the legitimacy of BDS.
This reinforces 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.
More than 170 organisations, including the ELSC, Human Rights Watch, Friends of the Earth, Avaaz and many others, joined the Stop Settlements Coalition calling to sign the European Citizens’ Initiative (ECI) petition. We need 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 and EU trade obligations.
CHALLENGING REPRESSION OF PALESTINIAN CIVIL SOCIETY AND APARTHEID
In a joint letter with the Cairo Institute for Human Rights Studies, we asked key EU institutions and Member States to uphold international law at the 49th session of the UN Human Rights Council. We asked, in particular, the Dutch Ministry of Foreign Affairs to condemn Israel’s apartheid and to call on Israel to revoke the unsubstantiated designation of the 6 prominent Palestinian CSOs.
At the occasion of the UN Human Rights Council, UN Special Rapporteur on the situation of human rights in the OPT Michael Lynk also published its report. It concludes that Israel has been imposing an apartheid regime over the Palestinian people and acknowledges the settler-colonial nature of Israel’s occupation and apartheid.
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 are a legal practitioner or a volunteer who wants to be part of our movement in support of Palestinian rights advocates, please contact us at info@elsc.support.
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
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.
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.
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.
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.
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.
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.
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.
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.
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.
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”.
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.
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.
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 140advocates 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 28th 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.
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.
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.
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.
Keep posted, we will soon release an analysis on the judgement! This jurisprudence shows more than ever the legitimacy and the necessity of the BT3P campaign that is asking the German Parliament to repeal its anti-BDS motion. After the Administrative Court of Berlin dismissed their complaint in October 2021, they recently filed an appeal to the Administrative Court of Appeal of Berlin-Brandenburg.
A French Court is also set to be ruling on the legitimacy of BDS since on 27th 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.
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.
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.
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.
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.
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 currentlyinvoked 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.
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.
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.
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.
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”.
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.
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
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
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.
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.
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.
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.
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).
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.”
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.
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.
