Tag: Discrimination

Categories
Press Release

Dutch Human Rights Board: Firing of IT Specialist from Gaza who Condemned Israel’s Crimes was Discrimination

PRESS RELEASE – DUTCH BELOW

Amsterdam, 18 June 2024

On June 11, 2024, the Human Rights Board, a state-sanctioned institution in the Netherlands that rules on discrimination cases, ruled that Dutch software company Speakap B.V. discriminated on the basis of political affiliation when it fired N.A. for posts on LinkedIn condemning Israel for committing genocide and war crimes against Palestinians in Gaza. A case for back payment is still pending with the Court of Amsterdam.  

The Ruling

The Board ruled that Speakap directly discriminated on the basis of political affiliation because, according to the termination letter, it fired N.A. because of discomfort that his prospective colleagues would experience at the “strong personal views” he expressed on LinkedIn. The Board agrees with N.A. that “views” refer to his posts about Gaza on LinkedIn. In the eyes of the Board, the company could not prove that it did not discriminate. 

A huge impact on N.A.’s life

N.A. is from Gaza. Several of his relatives and friends had been killed by Israeli attacks at the time of his firing; more have since been killed. His wife and family are still stuck there.

Speakap fired N.A. during his probationary period, just days after hiring him as a software developer. The company went ahead with his dismissal, even though he had expressed a willingness to engage in conversation about his posts.

Forced to apply for asylum

At the time of his firing, N.A. had already given up his job and apartment in Turkey and was forced to fly to the Netherlands to apply for asylum there.  Because of Speakap’s unfair dismissal of N.A., his process to get a residence permit in the Netherlands has been highly impacted, which seriously compromises N.A.’s ability to find a new job in the Netherlands and evacuate his family from Gaza.  

N.A. states the following:

No one should endure such enormous consequences for practicing their legal and internationally recognized right to free speech. No one should be concerned about their ability to aid themselves, their families and their children when standing against what they perceive to be very obviously an immoral, inhumane treatment of others.

Şeyma Arikan, N.A.’s lawyer, says:  

The Board accepts as common knowledge that the convictions of N.A. are widely shared by the public, in particular by people of Palestinian descent. Additionally, the Board notes that the situation pertaining to the human rights of the inhabitants of Palestinian areas has drastically worsened.

Itaï van de Wal, legal officer at the European Legal Support Center, says:  

This is an important victory, both because it is sadly no isolated case and because this moment is so crucial for the Palestinian people. It shows that nobody should be punished for denouncing the genocide and crimes against humanity committed against Palestinians by Israel.

Zakaria Boufangacha, vice chair of the largest Dutch labor union federation, FNV, adds:

The union’s position is that we need to fight prohibited discrimination on the basis of political conviction playing a role in terminating employment as much as possible. It hopes that this ruling by the Board contributes to preventing employees being discouraged from exercising their right to freedom of speech.

Read the decision of the Human Rights Board here.

College voor de Rechten van de Mens: ontslag IT specialist uit Gaza die misdaden van Israël veroordeelde was discriminatie. 

Op 11 juni oordeelde het College voor de Rechten van de Mens dat het Nederlandse softwarebedrijf Speakap B.V. discrimineerde op basis van politieke overtuiging toen zij N.A. ontsloeg wegens posts op LinkedIn waarin hij Israël veroordeelt voor het plegen van genocide en oorlogsmisdaden tegen Palestijnen in Gaza. Een loonvorderingsprocedure ligt nog voor bij de Rechtbank van Amsterdam. 

Uitspraak 

Het College oordeelt dat Speakap direct onderscheid maakte op basis van politieke overtuiging omdat het, volgens de ontslagbrief, N.A. ontsloeg vanwege ongemak dat zijn aanstaande collega’s zouden ervaren bij de “sterke persoonlijke opvattingen” die hij uitte op LinkedIn. Het College is het met N.A. eens dat “opvattingen” verwijst naar zijn posts over Gaza op LinkedIn. Het bedrijf kon volgens het College niet aannemelijk maken dat het geen verboden onderscheid maakte. 

Grote impact 

N.A. komt zelf uit Gaza. Meerdere van zijn familieleden en vrienden zijn ten tijde van zijn ontslag gedood door Israëlische aanvallen, inmiddels zijn dat er meer. Zijn vrouw en familie zitten daar nog altijd vast. 

Speakap ontsloeg N.A. in zijn proeftijd, enkele dagen na hem aangenomen te hebben als softwareontwikkelaar. Dit ondanks het feit dat hij zich voor zijn ontslag bereid toonde om over zijn posts in gesprek te gaan met het bedrijf en om eventueel ongemak weg te nemen door posts te verwijderen die dat zouden veroorzaken.  

Gedwongen asielaanvraag 

Op dat moment had N.A. zijn baan en appartement in Turkije al opgezegd en zag hij zich gedwongen om alsnog naar Nederland te vliegen om hier asiel aan te vragen. Als Speakap hem later had ontslagen had hij door een geldige verblijfsvergunning nog een kans gehad om ander werk te zoeken in Nederland en zijn familie uit Gaza te evacueren.  

QUOTES 

N.A. zelf zegt het volgende over het oordeel

Niemand zou zulke enorme gevolgen moeten doorstaan omdat ze hun recht op vrijheid van meningsuiting gebruiken. Niemand zou bang moeten zijn om voor zichzelf, hun familie of hun kinderen op te komen, of om op te staan tegen wat die ziet als de overduidelijke immorele en onmenselijke behandeling van anderen.

 Şeyma Arikan, Advocaat N.A.:

Het College neemt als feit van algemene bekendheid aan dat de opvattingen van cliënt door velen wordt gedragen, in het bijzonder door mensen van Palestijnse afkomst.  Verder merkt het College op dat de mensenrechtelijke situatie van de inwoners van Palestijnse gebieden, met name in Gaza, drastisch is verslechterd.

Itaï van de Wal, juridisch medewerker, European Legal Support Center:  

Dit is een belangrijke overwinning én omdat dit helaas geen op zichzelf staan incident is én omdat dit moment cruciaal is voor Palestijnen. Niemand zou straf moeten krijgen omdat ze zich uitspreken tegen de genocide en misdaden tegen de menselijkheid die Israël pleegt tegen de Palestijnen.

Zakaria Boufangacha, vicevoorzitter FNV, said:  

Wat FNV betreft dient verboden onderscheid op grond van politieke gezindheid bij het beëindigen van een arbeidsovereenkomst zoveel mogelijk bestreden te worden. Zij hoopt dan ook dat dit oordeel van het College ertoe bijdraagt dat werknemers niet ontmoedigd worden om in de toekomst gebruik te maken van hun vrijheid van meningsuiting. 

Categories
Press Release

Two Muslim Women Take Lloyds Bank to Court for Discrimination

16 March 2023, London and Amsterdam

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

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

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

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

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

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

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

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

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

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

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

Visual: CC Commons

Categories
Urgent call

Avoid Assisting in the Forcible Deportation & Transfer of  Human Rights Defender Salah Hamouri

Urgent Appeal to Commercial Airlines

Summary

Israel has recently announced it will imminently deport Palestinian human rights defender Salah Hamouri, an act that could be a serious violation of international law. We, the undersigned human rights organizations, call on commercial airlines to do everything in their capacity to refuse to assist in what could constitute a war crime by refusing to transport individuals undergoing unlawful forcible deportation and making a public statement to this effect.

The below document provides background to the case of Salah Hamouri, references the relevant legal obligations of commercial airlines, and sets out the practical steps commercial airlines need to take to ensure they are not contributing to serious violations of international law.

Background

On 30 November 2022, the Israeli authorities informed imprisoned Palestinian-French human rights lawyer, Salah Hamouri, 37, that he will be forcibly deported to France from occupied East Jerusalem – his hometown – for “breach of allegiance” to Israel. Hamouri has been held in administrative detention since March 2022 without charge or trial on the basis of ‘secret evidence,’ and the decision to deport him follows Israel’s revocation of Hammouri’s permanent residency status in Jerusalem.1 Hamouri has said that he refuses deportation and will not willingly board a flight.

Hammouri’s deportation, which can take place any time from December 4, 2022, onwards, will be a clear escalation in Israel’s prolonged harassment and targeting of him through arbitrary arrests, travel bans, surveillance, and family separation. 

Unlawful deportations and residency revocations in occupied territory violate numerous provisions of international humanitarian law and international human rights law. Hammouri’s deportation out of the occupied territory could constitute a grave breach of the Fourth Geneva Convention and potentially a war crime as per the Rome Statute of the International Criminal Court.

In accordance with the Hague Regulations and the Fourth Geneva Convention, the protected population in an occupied territory, such as is the case in the internationally-recognized occupied East Jerusalem, does not have a duty of allegiance to the Occupying Power (Israel), the basis upon which Hamouri is to be deported. 2

According to a UN Experts’ statement on 2 December 2022

“Such unilateral, arbitrary measures taken by Israeli authorities in retaliation against Mr. Hammouri as a human rights defender, violate every principle and the very spirit of international law 

[…]

These measures set an extremely dangerous precedent for all Palestinians in Jerusalem. The international community must not remain silent and quietly watch this umpteenth violation”.3 Private commercial actors have a responsibility to respect human rights and international humanitarian law in their own activities. Where they fail to abide by those responsibilities in their activities and relationships, they risk contributing to grave violations and internationally recognized crimes.4UN Experts’ statement

In light of the above, we strongly urge commercial airlines to refuse and refrain from assisting the Israeli authorities in carrying out its inhumane, discriminatory, and likely unlawful forced deportation of Salah Hammouri.5 Moreover, we ask that commercial airlines running direct flights to France make a statement on their website stating their refusal to participate in any unlawful forcible deportations by Israel of the population of the Occupied Palestinian Territory.

At a time when Hammouri’s family and loved ones, Palestinian and international civil society, the United Nations, and states are calling on Israel to halt his forcible deportation and transfer and for Hammouri to be able to remain in his hometown, commercial airlines should review and act in accordance with the relevant set duties, namely those under international human rights and humanitarian law. 

Organizational signatories

  • Adalah Justice Project
  • Addameer Prisoner Support and Human Rights Association
  • Al-Haq, Law in Service of Man
  • Alice Rothchild, MD
  • Al-Mezan Center for Human Rights
  • Bisan Center for Research and Development
  • Cairo Institute for Human Rights Studies (CIHRS)
  • Canadians for Justice and Peace in the Middle East (CJPME)
  • Community Action Center, Al-Quds University
  • Democracy for the Arab World (DAWN)
  • Equipo Juridico Pueblos
  • European Legal Support Center (ELSC)
  • Freedom Archives
  • Human Rights Watch
  • International Association of Democratic Lawyers
  • International Bar Association’s Human Rights Institute (IBAHRI)
  • Just Peace Advocates
  • Justice for Palestinians
  • Law for Palestine
  • Lawyers’ Rights Watch Canada
  • National Lawyers Guild, International Committee
  • National Lawyers Guild, Palestine Committee
  • Oakville Palestinian Rights Association (Canada)
  • Observatorio de Derechos Humanos de los Pueblos
  • Paz con Dignidad 
  • Samidoun Palestinian Prisoner Solidarity Network
  • The Canadian BDS Coalition 
  • The Center for Constitutional Rights
  • The Palestine Institute for Public Diplomacy PIPD
  • The Palestinian Committee in Norway

 1 For more information concerning Hamouri’s case, see: https://justiceforsalah.net/12/2022/press-release-en/intervention-needed-salah-identity-revoked-and-to-be-deported/ and https://www.hrw.org/news/2022/08/16/israel-free-french-palestinian-rights-worker

2 For more analysis, see https://www.amnesty.org/en/latest/news/2022/12/israel-opt-deporting-salah-hammouri-would-constitute-a-war-crime/ 

 3 UN Human Rights Office of the High Commissioner, Israeli deportation order against French-Palestinian activist Salah Hamouri could constitute war crime: UN experts, 2 December 2022, https://www.ohchr.org/en/press-releases/2022/12/israeli-deportation-order-against-french-palestinian-activist-salah-hammouri 

4 DCAF, ICRC and the Geneva Centre for Business and Human Rights, Fact Sheet: How does armed conflict impact responsible security management?, https://securityhumanrightshub.org/sites/default/files/2022-05/Standalone%20-%20Factsheet%20%20Armed%20Conflicts_FINAL.pdf 

5 Over the years, commercial airlines around the world have been increasingly demonstrating commitment by refusing to accept forced deportations of refugees, asylum seekers and immigrants. See https://www.business-humanrights.org/en/latest-news/uk-virgin-atlantic-to-stop-accepting-forced-deportations-amid-concern-over-removal-of-windrush-generation-migrants-lgbt-asylum-seekers/ 

Categories
Statement

Joint Statement in Response to Dismissal of NUS President Shaima Dallali

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

We are dismayed to see that the NUS’ investigation into their elected president, Shaima Dallali, has been allowed to reach this conclusion.

The disciplinary investigation into Ms. Dallali was triggered after pressure from the Government and the Union of Jewish Students (UJS) which led to a wider investigation into antisemitism within the NUS. We, amongst a range of legal, community, student and rights organisations have raised questions about the credibility of this process as a genuine anti-racist exercise. The dismissal of Ms. Dallali, and the discrimination which we consider that she has been subjected to, only exacerbates these concerns. We understand that Ms. Dallali is considering her right to appeal the dismissal and to bring Tribunal proceedings over the NUS’ treatment and dismissal of her.

We recognise the considerable political pressure put on the NUS to initiate and reach ‘the right result’ in these two investigatory processes. However, in bowing to this pressure, the NUS has undermined its own commitment to anti-racism, including the fight against antisemitism, and has abandoned its duty of care to its elected President. Ms. Dallali has been subjected to the most intense public scrutiny and horrifying abuse, including death threats. This is not the first time a Muslim woman of colour has had her social media trawled, her internet presence scrutinised, and her ability to do her elected role obstructed by a media-stoked outrage that ends up conflating legitimate criticisms of Israel with antisemitism. Unfortunately for Ms. Dallali, her grave concerns over her safety have been completely side-lined.

The refusal to accept Ms. Dallali’s unreserved apology for one tweet from a decade ago when she was a teenager, while publicising a number of spurious allegations around her support for Palestinian rights, speaks volumes about the nature of the NUS’ investigation. The fact that the decision to dismiss Ms. Dallali was leaked and published in the Jewish News and the Jewish Chronicle, and reportedly shared with the Government and the Leader of the Opposition, before she had even been notified, is wholly inappropriate and beggars belief.

From the outset of the dual investigations, we raised fundamental concerns about the framework for investigation and the failure to acknowledge how conflation of antisemitism with legitimate critique of Israeli oppression has been utilised to silence Palestinians and those who support their rights. The inclusion, for example, amongst the published allegations against Ms. Dallali, that she had tweeted ‘from the river to the sea, Palestine will be free’ and had participated in a protest at KCL against the presence on campus of a former Deputy Prime Minister of Israel, made clear a failure from the outset to distinguish between genuine antisemitism and legitimate advocacy for the rights of Palestinians.

We have also raised concerns about the disproportionate involvement of the UJS, who were given significant authority in the framing of the investigation and the appointment of the Independent Investigator. Whilst we recognise the need for the NUS to consult with a body representing Jewish students in addressing concerns about antisemitism, the degree of prioritisation of a single interested party violates due process.

It also fails to take into account the role the UJS has played in the conflation of antisemitism and legitimate critique of Israel’s oppression of the Palestinian people, including promoting resources which suggest that it is inherently antisemitic to advocate for Boycott, Divestment and Sanctions (BDS) against Israel or to describe Israel as a state practising the crime of apartheid.

In this regard we note that the formal disciplinary process against Ms. Dallali was, in part, triggered by her public statements criticising Israel for its discriminatory laws and policies, and her calling out of the UJS on social media, prior to being elected president, for its evidenced activities aiming to silence advocacy for Palestinian rights. It is deeply concerning that criticism of the UJS for its overtly political pro-Israel advocacy has been reframed as evidence of hostility to all Jewish students, and thereby seen as grounds for dismissal.

Whilst we await the report into the broader investigation, Ms. Dallali’s dismissal renews our deep concerns that its likely outcome, rather than combatting the very real problem of antisemitism, will instead contribute to anti-Palestinian racism and the silencing of legitimate advocacy for Palestine.

In responding to this situation in this manner, we believe the NUS has made a series of misjudgments and reached an outcome that does precisely the opposite of its purported aim. It needs to embark on the significant task facing it to repair the damage done by this investigation and rebuild trust with students who are doing crucial anti-racism work, including those advocating for Palestinian rights and working to combat Islamophobia and antisemitism.

Signatories:

Palestine Solidarity Campaign

British Palestinian Committee

Diaspora Alliance

European Legal Support Centre

Muslim Association of Britain

Palestinian Forum in Britain