2. The withdrawal of all outstanding NCC witch-hunt cases
3. The immediate implementation of the Chakrabarti report recommendations on Labour’s disciplinary procedures in respect of natural justice and due process
Labour activist and co-founder of Britain’s Palestine Solidarity Campaign Tony Greenstein will shortly undergo a Labour Party disciplinary hearing over accusations of alleged antisemitic comments made online. Greenstein was suspended from Labour back in 2016 when the remarks first came to light. Greenstein has maintained the content was legitimate criticism of Israeli policy, and not derogatory statements about Jews.
Jo Johnson’s support for free expression unravels when it comes to Palestine, says Jonathan Rosenhead
This article first appeared in the Times Higher on 11 January 2018
In a tangle of mixed messages, Jo Johnson – who until last week was the UK’s universities minister – has launched a sadly misshapen new body, the Office for Students (OfS), into a turbulent sea. This was supposed to be, in the minister’s own words, a “classic marketing regulator”. So: ensuring quality standards, promoting a balance between supply and demand, value for money – like the water companies’ regulator Ofwat maybe? Well, no. In his 26 December speech heralding the OfS’ opening for business, all this was as good as forgotten. Now, it seems, it is all about freedom of speech. What is going on? Continue reading “If the Office for Students is all about freedom of speech, the policy must be consistent”
Theresa May misled the British public by pretending that the IHRA definition of antisemitism included the examples linking antisemitism to criticism of Israel and urging all public bodies to collude in this chilling of free speech.
A year ago, Theresa May urged all UK public bodies to adopt the IHRA (International Holocaust Remembrance Alliance) document on antisemitism. The document contained a 39 word definition:
Antisemitism is a certain perception of Jews, which may be expressed as hatred toward Jews. Rhetorical and physical manifestations of antisemitism are directed toward Jewish or non-Jewish individuals and/or their property, toward Jewish community institutions and religious facilities
It also lists 11 illustrative examples of antisemitism, seven of them relating to Israel.
The minister seems to have “no-platforming” by student unions in his sights. However, there is a major free-speech failure by the universities themselves that is easier to fix. For some years now universities, not the student unions, have been routinely obstructing campus events that focus on Palestinian rights and their denial by Israel. The government’s own adoption of the discredited IHRA definition of antisemitism a year ago has fuelled this, with play-safe administrations seemingly unclear about the difference between anti-Zionism and antisemitism. It was Jo Johnson himself who instructed Universities UK to send this definition round to all universities – with a pointed suggestion that they adopt it for internal use. No single act in recent years has been less helpful to free speech in universities. Continue reading “Jo Johnson – Free Speech on everything except Israel”
Free Speech on Israel
Palestine Solidarity Campaign
This dossier records some of the more prominent cases of restriction of freedom of speech or assembly related to criticisms of the state of Israel that occurred during 2017. In some cases the document produced in May 2016 by the International Holocaust Remembrance Alliance (IHRA) as a definition of antisemitism, and adopted by the UK government in December of that year, is explicitly cited in support of the action taken. In all cases the awareness of that government action has provided the pervasive atmosphere, chilling to free speech on Israel/Palestine, in which these decisions were taken.
The IHRA definition has been used to press for and achieve the cancellation of events denouncing Israel’s oppression of Palestinians and violations of human rights. The use of the IHRA definition in such instances is commonly framed around the following narrative: “These events typically apply double standards towards Israel that are not applied to other countries and effectively deny Israel any right to exist by treating it as an inherently racist endeavour. As such, they conflict with the IHRA definition.” (quote from spokesman for UK Lawyers for Israel – UKLFI).
In the UK, student events organised on campuses have been particularly targeted, following a letter sent by the Universities and Science Minister Jo Johnson to UK universities in February 2017 to outline the government’s concerns about antisemitism on campuses, especially around Israel Apartheid Week due to take place that month, and asking for the IHRA definition to be disseminated throughout the academic system.
Predictably, when Al Jazeera broadcast The Lobby in January detailing Israeli subversion of British politics, the Zionist attack machine was fired up. They submitted five separate complaints to the media watchdog, Ofcom, alleging antisemitism, bias and invasion of privacy.
Ofcom undertook a detailed examination of the claims and published their 60 page findings on 9 October. On every aspect of each claim they found that Al Jazeera had conducted themselves with professional rigour and had breached neither broadcasting rules nor the IHRA (mis)definition of antisemitism. Each and every item of the lengthy allegations was rejected.
Broadcast Standards case
For the first time, the IHRA definition has been tested by a British quasi-judicial tribunal: it determined not to classify criticism of Israeli activity as antisemitic.
The guidance published with the IHRA’s working definition of anti-Semitism includes the following as a contemporary example (amongst others) of what could constitute anti- Semitism in public life and the media, taking into account the overall context: “Making mendacious, dehumanizing, demonizing, or stereotypical allegations about Jews as such or the power of Jews as collective — such as, especially but not exclusively, the myth about a world Jewish conspiracy or of Jews controlling the media, economy, government or other societal institutions”.
The guidance also suggests that manifestations of anti-Semitism might include the targeting of the State of Israel, conceived as a Jewish collective. There was therefore the possibility that a programme, such as The Lobby, which focused on the actions of the State of Israel and alleged that individuals associated with it were attempting to inappropriately influence British democracy, may be considered by some to be anti-Semitic.
Importantly however, the IHRA guidance makes clear that criticism of Israel similar to that levelled against any other country cannot be regarded as anti-Semitic.
We considered that the allegations in the programme were not made on the grounds that any of the particular individuals concerned were Jewish and noted that no claims were made relating to their faith. We did not consider that the programme portrayed any negative stereotypes of Jewish people as controlling or seeking to control the media or governments. Rather, it was our view that these individuals featured in the programme in the context of its investigation into the alleged activities of a foreign state (the State of Israel acting through its UK Embassy) and their association with it. We also noted that a number of the organisations featured in the programme, such as Labour Friends of Israel and Conservative Friends of Israel, are not defined by any adherence to Judaism or having a predominantly Jewish membership.
As per the IHRA guidance, Ofcom did not consider that such a critical analysis of the actions of a foreign state constituted anti-Semitism, particularly as the overall focus of the programme was to examine whether the State of Israel was acting in a manner that would be expected of other democratic nations.
For these reasons, our Decision is that there was no breach of Rule 2.3. [This requires that material which may cause offence must be justified by the context. Under “meaning of context” the Code lists a number of factors including the editorial content of the programme and the service on which it was broadcast.]
This second failure does not mean that we can relax about the threat posed by the IHRA definition. Israel’s apologists will continue to try to use it to suppress exposure of Israel’s actions until we can persuade this Government, or a future Labour Government, to accept that the eleven exemplars do not help in any way to identify antisemitic incidents. By sowing confusion, they obscure real antisemitic threats.
Fairness and Privacy cases
‘Ofcom has not upheld this complaint made by Ms Ella Rose of unjust or unfair treatment and unwarranted infringement of privacy’.
‘Ofcom has not upheld this complaint of unjust or unfair treatment and unwarranted infringement of privacy made by Kingsley Napley LLP (“Kingsley Napley”) on behalf of Mr Russell Langer.’
‘Ofcom has not upheld this complaint of unjust or unfair treatment and unwarranted infringement of privacy made by Kingsley Napley LLP (“Kingsley Napley”) on behalf of Mr Luke Akehurst.’
The report goes into considerable detail about Ella Rose’s complaint but it can be summarised as saying she was very upset about being found out. She believes that her abuse of Jackie Walker and her smooth translation from Israeli Embassy employee to Director of the Jewish Labour Movement were of no public interest. The report states, ‘Ms Rose said that her personal religious faith which involves attachment to Israel should not make her “a target for infringement of privacy”’. This claim of impunity on the basis that Israel is part of her religion is radical restatement of the repeated assertion that any critique of Zionism is antisemitic. At no point does Ella Rose claim she was misrepresented, her distress is that she was represented all too accurately. She seems to believe that she has the right to stay in the shadows despite taking on the role of Director of an organisation seeking to influence Labour Party policy and therefore British political life.
Russell Langer is former Campaigns Director at the Union of Jewish Students and the current Public Affairs Manager with the Jewish Leadership Council. As well as working with Israeli Embassy operative Shai Masot, Mr Langer seems to have had an irony bypass. Part of his complaint was that he was surreptitiously filmed preparing to surreptitiously film a meeting of Labour Friends of Palestine.
The report shows considerable scepticism of the veracity of at least parts of Russell Langer’s claim and gives details of the content of some unused footage which shows his involvement with Masot which he tried to deny. The footage showed that:
Mr Langer had complained about the excessive involvement of the Israeli Embassy in events organised by British Jewish organisations. Mr Langer also confirmed that he has relations with the Israeli Government.
Langer’s lawyers claimed that ‘contrary to the impression created in the programme, Mr Langer hardly knew Mr Masot and had only ever been introduced to him, but had never worked with him.’ But Ofcom found, ‘Mr Masot had some sort of relationship with the JLC and that he knew Mr Langer’
Luke Akehurst, a former Labour Councillor and Director of We Believe in Israel, is a well-known and vocal pro-Israel activist. Again, he was upset that his views had been all too accurately reported. He claimed that:
the footage of Mr Masot speaking with the undercover reporter had been “heavily edited” so it would have been unclear to viewers what the undercover reporter should liaise with Mr Akehurst about.
But on the contrary Ofcom found:
From reviewing the unedited footage, it appeared to Ofcom that the conversation between Mr Masot and the undercover reporter had been edited in the programme as broadcast. However, it was our view that the extent of the editing was very limited and the conversation included in the programme was an accurate reflection of what was said about Mr Akehurst and the manner in which it was said in the unedited footage. Further, it was our view that the programme as broadcast would have made clear to viewers that Mr Masot wanted the undercover reporter to set up the youth wing of the LFI and that to do so, he should liaise with heads of other pro-Israel movements, such as Mr Akehurst. Therefore, we considered that the conversation had not been heavily or unfairly edited.
It was Al Jazeera’s scrupulous accuracy that was so upsetting to Israel’s friends in this aspect as in many others.
Claims of bias, unfairness and antisemitism made repeatedly against Israel’s critics are usually bounced around an echo chamber of like-minded groups. They gain a claimed authority with each repetition and endorsement. The lesson from this report is that when these claims are subjected to scrutiny they fall apart. We must insist that judgements of claims are made by panels that are not dominated by people who have already declared they see antisemitism everywhere and in every defence of Palestinian rights. Neither should they be judged by partisans for Palestine, as a finding of innocence would not be convincing to outside observers. They must be judged in impartial forums, when they are, in this case just as in Fraser v UCU, the claims of antisemitism are demonstrated to be protection of Israel not defence of Jews.
Professor Moshé Machover has been expelled from the Labour Party without a hearing because he spoke on the wrong platform and wrote for the wrong newspaper. What was the Labour bating paper he wrote for and incurred the wrath of Party apparatchiks? Was it the Daily Mail, trailing its history of love-in with fascists, no. Was it one of Rupert Murdoch’s papers with their tradition of lies and distortions of the Party, no. It was, according to the letter Moshé received on 3 October, an on-line paper you have likely not heard of, the Weekly Worker, a paper so powerful and so toxic that, like poison ivy, any brush with it is fatal. Moshé also had the effrontery to speak at the 2016 Communist University . Since the mainstream press and think tank symposiums are generally closed to radical thinkers and writers we must all find whatever outlets we can to try to spread our ideas and educate our colleagues. It is the content of what we say and write that should be judged, not its venue. The complaint against Moshé states
Your involvement and support for both LPM [Labour Party Marxists, claimed to be a front for the Communist Party of Great Britain in the letter] and the Communist Party of Great Britain (through your participation in CPGB events and regular contributions to the CPGB’s newspaper, the Weekly Worker) is documented in Section 3 of the attached evidence. Membership or support for another political party, or a political organisation with incompatible aims to the Labour Party, is incompatible with Labour Party membership.
Chapter 2.I.4.B of the Labour Party’s rules states:
“A member of the party who joins and/or supports a political organisation other than an official Labour Group or unit of the Party or supports any candidate who stands against an official Labour candidate, or publicly declares their intent to stand against a Labour candidate, shall automatically be ineligible to be or remain a party member, subject to the provisions of part 6.I.2 of the disciplinary rules”.
You are therefore ineligible to remain a member of the Labour Party and have been removed from the national membership system. You are no longer entitled to attend local Labour Party meetings.
Holocaust survivor Marika Sherwood was due to give a talk at the University of Manchester during Israel Apartheid Week 2017 with the title ‘A Holocaust survivor’s story and the Balfour declaration: You’re doing to the Palestinians what the Nazis did to me’. The University insisted the subtitle be removed and attendance limited to university students and staff only.
I have written to Nancy Rothwell, the University Vice-Chancellor deploring the University’s action and calling for an apology to Ms Sherwood and the students who invited her for disparaging them as antisemites.
Jewish Voice for Labour must be greatly encouraged by the reception it received at Labour Party Conference.
As a brand new organisation with very limited resources and no paid staff, they did not anticipate the scale of its impact. Its launch meeting attracted over 300 people when JVL had been doubtful about filling a room that seats 180. As well as attracting many conference delegates, leaders of two trade unions, Unite and ASLEF, attended and pledged their support. In addition to stimulating speeches, brimming with, fact and ideas from leading Israeli academic Professor Avi Shlaim, retired Appeal Court judge Sir Stephen Sedley and respected Jewish socialist activist David Rosenberg, the audience heard from leading film maker Ken Loach who spoke from the floor.
The message from all the speakers was clear, consistent and enthusiastically welcomed by the audience. There are Jewish voices that the Labour party is wilfully ignoring. The party needs to listen attentively to the whole of its Jewish membership and not just those individuals and groups who defend Israel’s crimes against humanity; its occupation of Palestinian land; and its increasingly Apartheid-like regime. The message of the meeting was clear: that antisemitism is as unwelcome in the Labour Party, as it should be everywhere; but that criticism of Israel and support for Palestinian rights is not antisemitic. Rather, JVL continues the long tradition of Jewish defence of the oppressed and recognition of the humanity of all. As descendants of victims of oppression over centuries all Jews should join with JVL in denouncing injustice.
The impact of JVL was not only at the fringe of conference. Leading JVL members Naomi Wimborne-Idrissi and Leah Levane roused conference to its feet with their calls for justice and peace in Palestine and for just procedures inside the Labour Party. Their reception paved the way for Jeremy Corbyn to pledge the Party to support Palestinian rights.
Why the rule change is inadequate and dangerous
JVL applauds the Labour Party’s renewed concern with combatting discrimination within the Party and in wider society. They recognise this has been central to Jeremy Corbyn’s entire political career. While the agreed measure on this topic avoids some of the worst features of other proposals circulated, JVL is concerned that the rule change adopted may not be effective in advancing that cause and fears its misuse. It can be seen that JVL’s anxieties are around four issues.
Firstly, the rule change does not spell out how to embody the recommendations of last year’s Chakrabarti report including that there should be no trawling of ancient social media postings in the hope of targeting specific individuals; and that all processes of investigation and discipline must be transparent and follow natural justice norms. Previous experience has been of selective vision; perverse textual interpretations; opaque procedures; and media vilification preceding hearings. The Party must determine to end such abusive ways of working.
Secondly the procedures for drawing up the code of conduct have not been specified. JVL expects that the NEC will consult with all groups that may experience discrimination and with all currents of opinion within these groups. A draft of the code must be circulated to all local parties. It is a lesson from all anti-discrimination initiatives that unless there is wide involvement from the start there is no ownership of the final process and failed implementation. There are particular issues with regard to the antisemitism aspect of the code. Over the last 18 months, criticism of Israel has, too often, been taken as evidence of antisemitism in Party disciplinary cases. The code must not include proposals that would brand anti-Zionism as antisemitism. We have seen too many examples where fear of being labelled antisemitic has silenced voices that, while critical of Israel, are in no way antisemitic. The code of conduct must not be used as a way to smuggle in a draconian reading of the IHRA (mis)definition of antisemitism.
Thirdly, it is alarming that the rule includes the notion that beliefs can be the subject of discipline. Objectionable beliefs may well give rise to statements and actions that are unacceptable. It is such statements and actions that are the appropriate object of sanction. Trying to punish belief is what Orwell derided as thought crime.
Fourthly, the new rule does not lead to a distinction that Chakrabarti clearly alluded to. Some unacceptable statements arise from ignorance and confusion and need to be addressed through education to lead the perpetrator to understand the negative consequences of their actions. Other statements and actions arise from malice and are the proper domain of disciplinary action. Neither type of hurtful action is acceptable but the way to deal with them, and to build a stronger, more inclusive party, vary.
JVL must look forward to building on its progress in Brighton and its boost in membership. It has committed itself to playing its role in strengthening the Labour Party and securing the Labour Government pledged to achieving the domestic and international justice that we desperately need.
This is a copy of a letter sent by Jewish Voice for Labour to a council considering adopting the IHRA (mis)definition of antisemitism. We hope it may be of use to you if your local council is thinking of proceeding down this misguided path.
As Jewish members of the Labour Party, and of the new Labour group, Jewish Voice for Labour, we are opposed to adoption of the International Holocaust Remembrance Alliance (IHRA) working definition of antisemitism due to be tabled before the council on Monday September 18.
We believe the IHRA document sows confusion in the fight against antisemitism and racism, which must be a key priority at this time of rising right-wing hate-mongering against ethnic and religious minorities. We also believe it poses a threat to freedom of expression, which it is a key duty of local authorities to protect.
We understand that councillors may feel obliged to endorse the motion out of a commendable desire to support and defend Jewish constituents, but in our opinion this would be misguided. The short definition of antisemitism contained in the proposed motion is, in our view, poorly worded and indefinite, but it is the rest of the document that seriously concerns us. The greater part of it is made up mainly of examples which do not relate to Jews at all, either individually or collectively. They relate to attitudes to the State of Israel.
We urge you to read the assessment by our friends in the Jewish Socialists’ Group, which can be found here. There is also a full assessment of the legal implications of the definition from Hugh Tomlinson QC here, as well as a scathing critique from (Jewish) former Appeal Court judge Sir Stephen Sedley in the London Review of Books here.
Antisemitism may sometimes be masked by a critical attitude to the State of Israel, that is true. The IHRA definition, though, seems designed not so much to catch speech or actions clearly motivated by hatred of Jews, as to defend the State of Israel against criticism of its violations of human rights, and to justify aspects of its foundation and constitution opposed by many Jews, both within and outside Israel. We know of many disturbing cases of the IHRA document being used to limit criticism of Israel and restrict campaigns in support of justice for Palestinians. The legal opinion from Hugh Tomlinson QC makes clear that public bodies using it in this way, including against the boycott movement, would be open to legal challenge for breaching their duty under the Human Rights Act to defend freedom of expression.
Councillors should be aware that the Labour Party has only adopted the short definition of antisemitism, which was included in the Race and Faith Manifesto during the 2017 general election. We are pleased that the party has not adopted the list of examples which follow the definition in the IHRA document. Nor should your council.
We appeal to you not to allow yourselves to be bounced into an ill-considered decision which will do nothing to oppose real antisemitism, and is likely to have negative consequences for the perception of the Council by many anti-racists and supporters of the rights of Palestinians.
We look forward to the opportunity to engage in productive discussion with council members about these important issues.