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Magadh Today - Beyond Headlines > Latest News > Global > UK University Antisemitism Definition Faces Criticism Over “Unreasonable” Accusations
Global

UK University Antisemitism Definition Faces Criticism Over “Unreasonable” Accusations

Gulshan Kumar
Last updated: 2023/09/13 at 5:07 PM
By Gulshan Kumar 2 years ago
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An antisemitism definition widely adopted by UK universities has come under scrutiny in a report revealing that it has resulted in 40 cases against students, academics, unions, and societies. Remarkably, 38 of these cases have been dismissed, with the remaining two yet to reach a resolution. The allegations, all predicated on the International Holocaust Remembrance Alliance (IHRA) definition, have failed to gain substantiation, as reported in the analysis conducted by the European Legal Support Center (ELSC) and the British Society for Middle Eastern Studies (Brismes).

The IHRA definition, embraced by the majority of universities in the UK, became a point of contention when former Education Secretary Gavin Williamson, in 2020, issued a stern warning of funding cuts for institutions refusing to comply. Critics argue that this definition, without legal binding in the UK, inhibits discourse on Israel, primarily due to its inclusion of 11 illustrative examples, seven of which pertain to Israel, thereby chilling free speech.

The report, published on Wednesday, echoes concerns previously expressed by prominent legal figures such as Hugh Tomlinson KC, Geoffrey Robertson KC, and retired lord justices of appeal Sir Stephen Sedley and Sir Anthony Hooper. Neve Gordon, Chair of Brismes’s Committee on Academic Freedom and a professor of human rights law, asserted that the IHRA definition, initially designed to identify discriminatory violations of protected characteristics, has instead been weaponized to suppress and penalize protected speech and academics who critique the Israeli state’s policies.

Although the ELSC documented 40 cases, none have been substantiated. Nonetheless, the mere existence of these allegations has inflicted harm upon the accused, affecting their educational journeys and career prospects. Furthermore, it has obstructed legitimate discussions regarding Israel and Palestine, leading to the cancellation of events and curbing free discourse.

It is crucial to note that a separate report released by the Community Security Trust in January disclosed a 22% increase in antisemitic hate incidents related to universities over the past two academic years. The authors of the ELSC-Brismes report emphasized their unwavering commitment to combating antisemitism and all forms of racism. However, they contend that the IHRA definition, as currently applied, raises concerns about compliance with universities’ legal obligations to safeguard academic freedom and freedom of expression.

Giovanni Fassina, Director of the ELSC, pointed out that the documented pattern challenges the notion of universities aligning with their fundamental mission of nurturing critical thinking, facilitating unimpeded research, and fostering diverse debates. The ELSC-Brismes report underscores the necessity for the UK government to rescind its directive to universities regarding the adoption of the IHRA antisemitism definition, asserting that it is ill-suited for higher education institutions bound by legal obligations to uphold academic freedom and free speech.

The report argues, “Accusations of antisemitism levelled against students and staff in UK universities are often based on a definition of antisemitism that is not fit for purpose and, in practice, is undercutting academic freedom and the rights to lawful speech of students and staff … University staff and students are being subjected to unreasonable investigations and disciplinary proceedings based on the IHRA definition.”

Notably, the University of Bristol dismissed sociology professor David Miller in 2021, who faced accusations of antisemitic remarks. However, this case was not included in the report due to its confidentiality and the undisclosed reasons behind the university’s decision. Professor Miller has subsequently initiated legal proceedings against the university through an employment tribunal.

A spokesperson from the Department for Education emphasized the significance of the IHRA definition in combating antisemitism, asserting that it does not infringe upon the preservation of freedom of speech. The spokesperson referred to an independent taskforce report on antisemitism in higher education, which found no indication that universities adopting the definition hindered freedom of speech or academic research.

Universities UK also weighed in, recommending that members contemplate the adoption of the IHRA definition while concurrently honoring their duty to promote freedom of speech within the boundaries of the law.

 

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