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ELSC Newsletter: October 2022

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.

HELP US KEEP UP OUR WORK

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!

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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“.

📝 Amplify BDS Austria’s statement 📝

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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.“

read our press release

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SUPPORT FUNDAMENTAL RIGHTS – TAKE ACTION  

  • Support the activist’s legal battle and donate 
  • Sign the petition to demand the Municipality of Vienna ends its lawfare against legitimate BDS action

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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!

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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!

📣 Amplify our Twitter thread 📣

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.

📣 Share the news on Instagram, Facebook and Twitter 📣

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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.

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✊ 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.

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ONGOING CAMPAIGNS IN SUPPORT OF PALESTINE 

Meta, Let Palestine Speak!

Hold Meta accountable for censoring Palestinian content on social media.

READ THE JOINT STATEMENT

#StopSettlements

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!

SIGN THE PETITION

#JusticeForSalah

Take action for Salah Hammouri, the Palestinian-French lawyer imprisoned in administrative detention.

TAKE ACTION

#FreeAhmadManasra

Support the campaign for the release of the young Ahmad Manasra, detained in Israeli jails and suffering from serious consequences to his mental health.

SUPPORT

EVENTS

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.

DONATE

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.

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Press Release

First step towards justice for Palestinian rights activist in Vienna sued over social media post

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.

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Case Update Press Release

Four UN Special Rapporteurs Address Their Concerns to Austrian Authorities About Anti-BDS Resolution and Lawsuit Against Activist 

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 enshrined in 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 petition co-sponsored by the ECCP to ask the Municipality of Vienna to stop its lawfare against BDS activists 

Read more about the case.