20 Dec 2023 | Germany, Israel, News and features, Palestine
Since the Hamas’ 7 October terrorist attacks and the subsequent Israeli assault on Gaza, German authorities are using increasingly illiberal measures to curtail pro-Palestine activism. Under the guise of combatting Israel-related antisemitism, civic space for freedom of expression and assembly is shrinking.
The seemingly isolated incidents highlighted in this article are piling up and the curtailing of civic space is starting to be noticed internationally: Civicus, which ranks countries by freedom of expression rights, recently downgraded Germany in a review from “open” to “restricted” due to repression of pro-Palestinian voices, as well as of climate activists.
Stigmatisation of pro-Palestine activism
In her speech celebrating the 60th anniversary of the foundation of Israel in 2008, former chancellor Angela Merkel referred to the historical responsibility of Germany for the Shoah, including the security of Israel, as part of Germany’s “Staatsräson” (reason for existence). As Hamas has never credibly renounced its goal of destroying Israel, many German policymakers instinctively lean towards near unconditional support for Israel in the face of such adversaries. For them, the 7 October attacks only served to highlight that Germany cannot give an inch to critics of Israel.
There are long-standing disagreements around where to draw the line between legitimate criticism of Israel and attacks on Israel that single it out because it is a Jewish state, are expressed in antisemitic ways or are motivated by antisemitic views. For example, the International Holocaust Remembrance Alliance (IHRA) definition of antisemitism acknowledges that “criticism of Israel similar to that levelled against any other country cannot be regarded as antisemitic” but identifies seven examples of when attacks on Israel may be antisemitic (taking into account the overall context). For example, it could be antisemitic to reference classic antisemitic tropes such as the blood libel conspiracy myth to describe Israel, deny the Jewish people’s right to self-determination or blame Jews collectively for the actions of Israel, according to IHRA.
While Germany has adopted IHRA, much looser standards seem to be applied by authorities and commentators committed to tackling Israel-related antisemitism. Calls for a binational state, advocacy for the Palestinian refugees’ right of return, support for Boycott, Divestment and Sanctions (BDS) or accusations that Israel is committing Apartheid are regularly identified as antisemitic. There is a strong sense that given its historical responsibility, it is not Germany’s place to judge, or let anyone else judge, Israel even as its offensive in Gaza has resulted in one of the highest rates of death in armed conflict since the beginning of the 21st century, and disproportionately affects civilians.
Against this background, advocacy for Palestinian political self-determination and human rights is cast as suspicious. In the liberal Die Zeit newspaper, journalist Petra Pinzler criticised the Swedish climate activist Greta Thunberg as she “sympathises more and more openly with the Palestinians and thus divides the climate movement.” Apparently sympathy with the Palestinians has become a cause for concern.
The debates since 7 October have created an atmosphere in which pro-Palestinian voices are more and more stigmatised. Pro-Palestinian protests have repeatedly been banned by local authorities. Their dystopian rationale for these bans revolves around the idea that, based on assessments of previous marches, crimes are likely to be committed by protesters. The practice is not new: in the past, German police have even banned protests commemorating the ”Nakba” (Arabic for “catastrophe”), the collective mass expulsion and displacement of around 700,000 Palestinians from their homes during the 1947-49 wars following the adoption of the Partition Plan for Palestine by the United Nations. In reaction to pro-Palestine protests since 7 October, the antisemitism commissioner of North Rhine Westphalia and former federal justice minister even suggested the police should pay closer attention to the nationality of pro-Palestine protest organisers as protests organised by non-Germans could be banned more easily.
Furthermore, pro-Palestinian political symbols are being falsely associated with Hamas or other pro-terrorist organisations. In early November, the Federal Interior Ministry banned the chant “From the River to the Sea, Palestine will be free” as a symbol of both Hamas and Samidoun, a support network for the Marxist-Leninist Popular Front for Liberation of Palestine which has been designated as a terrorist organisation by the European Union.
While one plausible interpretation of the “From the River to the Sea” slogan is that it is a call for the destruction of Israel, it is equally plausible to understand it as a call for a binational state with full equality of all citizens. Without context, the slogan cannot automatically be identified as antisemitic, though it is of course entirely legitimate to criticise this ambivalence. As has been extensively documented, the slogan does not originate with nor is exclusively used by Hamas.
Apart from being based on misinformation, banning “From the River to the Sea” has also created the ludicrous situation that the German police force is asked to make assessments on whether holding a “From the River we do see nothing like equality” placard is an expression of support for terrorism. A former advisor to Angela Merkel even called for the German citizenship of a previously stateless Palestinian woman to be revoked who posted a similar slogan (“From the River to the Sea #FreePalestine”) on her Instagram.
In some cases, these dynamics venture into the absurd. On 14 October, the activist Iris Hefets was temporarily detained in Berlin for holding a placard that read: “As a Jew & an Israeli Stop the Genocide in Gaza.”
These illiberal and ill-conceived measures are not limited to protests. In response to the 7 October attacks, authorities in Berlin allowed schools to ban students from wearing keffiyeh scarves to not “endanger school peace”.
Curtailing civic spaces
While these trends have been accelerated since 7 October, they predate it. In 2019, the German Bundestag passed a resolution that condemned the BDS movement as antisemitic. It referenced the aforementioned IHRA definition of antisemitism (which does not comment on boycotts), compared the BDS campaign to the Nazi boycotts of Jewish business and called on authorities to no longer fund groups or individuals that support BDS.
BDS calls for the boycott of Israeli goods, divestment from companies involved in the occupation of Arab territories and sanctions to force the Israeli government to comply with international law and respect the rights of Palestinians, including the right of return for Palestinian refugees. Inspired by the boycott campaign against Apartheid South Africa, BDS has attracted many supporters, but critics have claimed that BDS singles out Israel and delegitimises its existence. Accusations of antisemitism within the movement should of course be taken seriously: BDS supporters have previously been accused of employing antisemitic rhetoric about malign Jewish influence and intimidating Jewish students on campus. However, many of BDS’ core demands are clearly not antisemitic. Since the BDS lacks a central leadership that would issue official stances, it is difficult to make blanket statements about the movement in its entirety.
The 2019 resolution is now being cited to shut down cultural events. A planned exhibition in Essen on Afrofuturism was cancelled over social media posts that, according to the museum, “do not acknowledge the terroristic attack of the Hamas and consider the Israeli military operation in Gaza a genocide” and expressed support for BDS. The Frankfurt book fair “indefinitely postponed” a literary prize for the Palestinian author Adania Shibli, after one member of the jury resigned due to supposed anti-Israel and antisemitic themes in her book. Shibli has since been accused by the left-wing Taz newspaper of being an “engaged BDS supporter” for having signed one BDS letter in 2007 and a 2019 letter that criticised the city of Dortmund for revoking another literary price for an author that supports BDS. A presentation by the award-winning Forensic Architecture research group at Goldsmiths (University of London), which has analysed human rights abuses in Syria, Venezuela and Palestine as well as Neo-Nazi murders in Germany, was likewise cancelled by the University of Aachen which cited the group’s founder Eyal Weizman’s support for BDS.
The curtailing of civic space increasingly affects voices that have stood up for human rights at great personal risk. The Syrian opposition activist Wafa Ali Mustafa was detained by Berlin police near a pro-Palestine protest, reportedly for wearing a keffiyeh scarf. Similarly, the Heinrich-Böll-Stiftung, which is associated with the centre-left Green Party, pulled out of the Hannah Arendt prize ceremony, which was due to be awarded to the renowned Russian dissident, philosopher and human rights advocate Masha Gessen. Despite acknowledging differences between the two, Gessen had compared Gaza to the Jewish ghettoes in Nazi-occupied Europe in an article about the politics of memory in Germany, the Soviet Union, Russia, Poland, Ukraine, Hungary and Israel.
Conversation stoppers
Alarm bells should ring as one of Europe’s major liberal democracies has taken an authoritarian turn in the aftermath of 7 October. Germany’s noble commitment to its historical responsibility in the face of rising antisemitism is morphing into a suppression of voices advocating for Palestinian political self-determination and human rights.
In this distorted reality, civic spaces are eroded, cultural symbols banned, political symbols falsely conflated with support for terrorism and events are shut down. So far, there has been little pushback or critical debate about these worrying developments. To the contrary: politicians, foundations, cultural institutions and media outlets seem to be closing ranks under the shadow of the 2019 BDS resolution and a skewed interpretation of the IHRA definition.
Following the appalling violence committed by Hamas on 7 October, and the scale of civilian suffering in Gaza due to the subsequent Israeli military offensive, polarisation and tension between communities have been on the rise. In this context, it is crucial to be able to have passionate, empathetic, controversial and nuanced discussions about the conflict, its history, the present impasse, potential ways forward and its impact on Jewish, Muslim and Arab communities abroad. With the voices of activists, authors and even internationally renowned human rights advocates being increasingly isolated, these vital exchanges are prevented from taking place.
18 Dec 2023 | Europe and Central Asia, News and features, Poland
The confirmation of Donald Tusk as Poland’s new prime minister, ending the right-wing Law and Justice (PiS) party’s eight year spell in power, offers cautious optimism that freedom of expression for the country’s minority groups will be better protected. Tusk’s appointment follows October’s parliamentary election, in which a broad coalition of opposition parties secured the majority of votes needed to form a government, which was officially voted in by MPs in December.
Throughout the eight years the PiS spent in power, freedom of expression in the country was continually eroded. Minority groups were targeted through strict legislation and judicial reform, while the party also tightened their grip on the media and encouraged far-right extremism.
One of the worst affected groups were LGBT+ people. In 2023, Poland was named as the worst country for LGBT+ rights in the EU in a report by watchdog ILGA-Europe for the third successive year. This is no surprise given the homophobic rhetoric pushed by the country’s leaders in recent years: PiS leader Jarosław Kaczyński claimed that LGBT+ people “threaten the Polish state”; former education minister Przemysław Czarnek likened what he called “LGBT ideology” to Nazism; and in 2019, Krakow’s archbishop described LGBT+ rights as a “rainbow plague”.
Spokesperson for the Love Does Not Exclude Association, a national non-governmental organisation fighting for marriage equality in Poland, Hubert Sobecki told Index that the organisation views the new government with “a mixture of hope and anxiety”.
They are hoping that the new Tusk-led coalition will pass laws legalising same-sex marriage, a concept that Sobecki explained is still seen as “radical” in the state, as well as addressing other issues such as same-sex parenthood and rising hate crimes, although he accused the polish leader of “slaloming” around these issues in the past.
“I do expect some actual specific concrete changes being made, legislative changes,” Sobecki said. “The current prime minister, Mr Tusk, we know him, we have a history, let’s call it that. He was quite reluctant to be remotely close to an allied position.”
It is clear that change won’t happen overnight. Eight years of the PiS in power has seen anti-LGBT+ sentiment rise throughout the country, with pride parades being targeted by violent counter-protesters and some regional governments passing resolutions to effectively make areas of the state an ‘LGBT-free zone’.
Sobecki’s descriptions of life in Poland in recent years paint a shocking portrait of the lived reality of LGBT+ people, who faced near constant abuse and discrimination in the state. He told of the increasing wave of people within the LGBT+ community who are struggling with mental illness, and those who have even had to migrate as a result of their treatment. During one incident, Sobecki recalled activists being targeted by police during a peaceful protest in Warsaw. “They were basically attacked, they were dragged on the pavement. Some people needed medical attention, some of them were molested after they got arrested. It’s mind-numbing,” he said.
However, Sobecki suggested that while the situation is bad, such incidents have also served to show just how much things needed to change. “It created a huge wave of support from people who thought ‘it’s too much’”, he explained. “After several years of this hate campaign being run, they can’t really shut it out anymore, they can’t remain blind to it.”
When asked whether he believed legislation would be enough to secure equality for LGBT+ people, Sobecki agreed that changed attitudes were as important as changed laws.
“What you need on the social level is visibility, storytelling techniques, constant campaigning, presence, representation, from the micro level of having dinner with your grandparents to the macro level of securing proper coverage on the main news channels,” he said.
However, there was still confidence that the government would make a difference. “What they can do is stop the hate in the public media. That is going to be a huge game changer,” he said. “You have millions of people who only watch one or two channels, who are effectively brainwashed. This change will be massive if it happens.”
Sobecki also pointed to moments, such as the recent ruling made by the European Court of Human Rights that Poland’s lack of legal recognition and protection for same-sex marriages breaches the European Convention on Human Rights, as evidence that progress is being made, albeit slowly.
“It was something that we’ve been working on for eight years, because those guys do take their time!” he said. “We knew that this was a message for the new government because the courts are savvy like that. We managed to get some responses from members of the new government who said ‘yes, this is a clear sign that we need to make a change’”.
The election results are also likely to be welcomed by proponents of women’s rights. During their years in power the PiS clamped down on reproductive rights in Poland, ending state funding for IVF and enforcing a prescription requirement for emergency contraception. Most significantly, Poland’s Constitutional Tribunal, an institution which critics say is heavily politicised by the PiS, implemented a near-total ban on abortion in the country in 2021, with the only exceptions being instances of rape, incest or a threat to health. As a result of this ruling, doctors and others who help women terminate pregnancies may face up to three years in prison, rising to eight if it occurs after the point of viability. These actions, which the PiS say have been made in an attempt to boost fertility rates and promote Catholic values, have had a disturbing effect on women’s freedoms in the state. Just this year, Polish activist Justyna Wydrzyńska was sentenced to 8 months’ community service for helping a pregnant woman to access abortion pills in what Amnesty International described as a “depressing low in the repression of reproductive rights in Poland” which serves as a “chilling snapshot of the consequences of such restrictive laws”.
Sobecki spoke about the need for change across all areas of society, as he argued that the PiS “weaponised the state” against a variety of social groups. “They basically attacked women’s rights openly as part of their agenda,” he said. “There’s a lot of pressure and expectation from the public for change, for something new, for something that is progressive.”
However, there are still concerns that even without PiS in power, the new Tusk-led government will not do enough to protect these rights. One feminist activist, Jana Shostak, was dropped by the opposition alliance after voicing support for wider abortion rights. She told the Guardian that her trust in Tusk to fight for women’s rights is “limited”.
There are concerns that the new government will resist calls for more progressive protections on rights and freedoms in an attempt to placate conservative voters. These worries extend beyond women and LGBT+ rights to immigration; Tusk warned of the “danger” of migrants and called for stricter border controls during a campaign speech which was denounced as racist and xenophobic by human rights NGOs.
The PiS being ousted from power sparked hope, but action from the new government to prevent women and minority groups from being silenced and threatened is much-needed. Sobecki vows to keep fighting: “At some point you just think it’s such a mess, what can you do? You just keep on doing what you’ve been doing, showing actual faces, actual people, telling their stories, trying to be hopeful that somehow it manages to get through.”
12 Dec 2023
Rosie Holt is a British actor, comedian and satirist. She rose to fame during the Covid-19 lockdown in 2020 with her satirical Woman Who… videos, which were posted onto X (then Twitter).
20 Nov 2023 | Iran, News and features, Newsletters
Narges Mohammadi is locked in a vicious circle. The 2023 Nobel Peace Prize winner has been held in Tehran’s notorious Evin prison since September 2022 and the Iranian authorities seem determined to keep the prominent human rights activist there.
Mohammadi became active in fighting against the oppression of women in Iran as a student physicist in the 1990s and has promoted human rights ever since, including campaigning for an end to the death penalty in a country where 582 were executed last year alone.
In her nomination for the Peace Prize, Berit Reiss-Andersen, the head of the Norwegian Nobel Committee, said: “Her brave struggle has come with tremendous personal costs. Altogether, the regime has arrested her 13 times, convicted her five times, and sentenced her to a total of 31 years in prison and 154 lashes.”
During her current detention, Mohammadi has been summoned to the courts on numerous occasions to face new charges. Yet Mohammadi argues that the revolutionary courts are not independent judicial bodies and she has also stopped lawyers attending on her behalf for that same reason.
Some of these charges relate to her ongoing human rights work from inside prison, including smuggling out an article which was published in the New York Times on the anniversary of Mahsa (Jina) Amini’s death in custody, the event that sparked the “Woman, Life, Freedom” protests that erupted in Iran in 2022. Mohammadi’s message from prison was: “The more of us they lock up, the stronger we become.”
At the beginning of last week, the woman human rights defender started a hunger strike in protest against delayed and neglectful medical care for sick prisoners, as well as the rule which makes wearing the “mandatory hijab” a condition for the transfer of the women prisoners to medical facilities. Then, earlier this week Mohammadi heard that she was to face a series of new charges, but after refusing to wear hijab the prosecutor prohibited her from attending court. As a result neither Mohammadi nor her lawyer know the nature of the new charges levelled against her. She has now ended her hunger strike.
The regime will be infuriated with her refusal to engage with the justice system, while Mohammadi knows that each time she doesn’t attend it draws yet more attention to her plight.
Mohammadi knows only too well the methods the authorities use to break prisoners. Index has recently been given a video made by Mohammadi just before she returned to jail, shot by the Iranian film-maker Vahid Zarezadeh. In it she says that people should not be surprised if, in the event that she dies in jail, the authorities blame an undiagnosed health problem, perhaps a dodgy heart.
“This system sets up the conditions for the prisoner’s death,” she says.
In sharing the video, she has put the regime on notice that they are being watched. You can watch the video here.
Zarezadeh tells me, “It was filmed at the time when she was rushed from the prison to the hospital due to the blockage of her heart veins, which were opened through angioplasty. She was on medical leave and not in good health. Shortly after this video, she was returned to Qarchak women’s prison.”
He says, “Qarchak Women’s Prison is a notorious facility designed for women, where many human rights activists and opponents of compulsory hijab are held. The prison’s lack of adequate drinking water, as well as poor hygiene and medical care, leads to the spread of various diseases among inmates. Originally used as a livestock centre, Qarchak has been expanded over time. Numerous reports highlight human rights violations in this prison, yet Iranian judicial authorities show no inclination to change the conditions of detainment.”
Iran’s appalling human rights record has also come under scrutiny at this week’s Alternative Human Rights Expo, which highlighted human rights issues related to the suppression of freedom of expression and assembly in the Middle East and North Africa. The virtual event, hosted by the Gulf Center for Human Rights and its partners, was held to focus attention on the 28th session of the Conference of Parties (COP28) to be held from 30 November to 12 December 2023 in the United Arab Emirates. It featured artists, poets, writers and singers from the region including Iranian poet Fatemeh Ekhtesari.
Ekhtesari performed her poem She is Not Woman as part of the event (which is available to view here) which includes the following lines:
We’re sick of queuing for the gallows
Clotted grief in our blood
Trouble is all that’s left
Rage is all we own
Narges Mohammadi’s rage is clear for everyone to see. It is high time that she and other human rights defenders in Iran’s jails are unconditionally released.
