Antisemitismus
A Working Definition of Anti-Semitism
(January 28, 2005)
The purpose of this document is to provide a practical guide for
identifying incidents, collecting data and supporting the
implementation and enforcement of legislation dealing with
anti-Semitism.
Anti-Semitism is a certain perception of Jews, which may be
expressed as hatred toward Jews.
Rhetorical and physical manifestations of anti-Semitism are directed
toward Jewish or non-Jewish individuals and / or their property,
toward Jewish community institutions and religious facilities.
In addition, such manifestations could also target the state of
Israel, conceived as a Jewish collectivity.
Anti-Semitism frequently charges Jews with conspiring to harm
humanity, and it is often used to blame Jews for “why things go
wrong”. It is expressed in speech, writing, visual forms and
action, and employs sinister stereotypes and negative character
traits.
Contemporary examples of anti-Semitism in public life, the media,
schools, the workplace, and in the religious sphere could, taking
into account the overall context, include, but are not limited to:
* Calling for, aiding, or justifying the killing or harming of Jews
in the name of a radical ideology or an extremist view of religion.
* Making mendacious, dehumanizing, demonizing, or stereotypical
allegations about Jews as such or the power of Jews as a 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.
* Accusing Jews as a people of being responsible for real or
imagines wrongdoing committed by a single Jewish person or group, of
even for acts committed by non-Jews.
* Denying the fact, scope, mechanisms (e.g. gas chambers) or
intentionality of the genocide of the Jewish people at the hands of
National socialist Germany and its supporters and accomplices during
World War II (the Holocaust).
* Accusing the Jews as a people, or Israel as a state, of inventing
or exaggerating the Holocaust.
* Accusing Jewish Citizens of being more loyal to Israel, or to the
alleged priorities of Jews worldwide, than to the interests of their
own nations.
Examples of the ways in which anti-Semitism manifests itself with
regard to the State of Israel taking into account the overall
context could include:
* Denying the Jewish people right to self-determination, e.g. by
claiming that the existence of a state of Israel is a racist
endeavor.
* Applying double standards b requiring of it a behavior not
expected or demanded of any other democratic nation.
* Using the symbols and images associated with classic anti-Semitism
(e.g. claims of Jews killing Jesus or blood libel) to characterize
Israel or Israelis.
* Drawing comparisons of contemporary Israeli policy to that of the
Nazis.
* Holding Jews collectively responsible for actions of the State of
Israel.
However, criticism of Israel similar to that leveled against any
other country cannot be regarded as anti-Semitic.
Anti-Semitic acts are criminal when they are so defined by law (for
example denial of the Holocaust or distribution of anti-Semitic
materials in some countries). Criminal acts are anti-Semitic when
the targets of attacks, whether they are people or property – such
as buildings, schools, places of worship and cemeteries – are
selected because they are, or are perceived to be Jewish of linked
to Jews. Anti-Semitic discrimination is the denial to Jews of
opportunities or services available to others and is illegal in many
countries. (Note: ECRI in its General Policy Recommendation No. 9,
25 June 2004, has offered specific recommendation regarding the
criminalization of anti-Semitic acts)
(This is the working paper used by the EUMC for the purpose of
collecting data and identifying antisemtic events)
Following the recommendations of ECRI (mentioned in the text of the
EUMC)
http://www.coe.int/T/E/Human_Rights/Ecri/1-ECRI/3-General_themes/1-Policy_Recommendations/Recommendation_N%B09/1-Recommendation_9.asp
ECRI GENERAL POLICY
RECOMMENDATION NO. 9
ON THE FIGHT AGAINST
ANTISEMITISM
ADOPTED ON 25 JUNE 2004
Published by the
European Commission against Racism and Intolerance
Council of Europe – 2004
3
THE COUNCIL OF EUROPE
The Council of Europe is a political organisation
which was founded on 5 May 1949 by ten European
countries in order to promote greater unity between its mem_
bers. It now numbers 45 European States.1
The main aims of the Organisation are to promote
democracy, human rights and the rule of law, and to develop
common responses to political, social, cultural and legal
challenges in its member States. Since 1989 it has integrated
most of the countries of central and eastern Europe and
supported them in their efforts to implement and consolidate
their political, legal and administrative reforms.
The Council of Europe has its permanent headquarters
in Strasbourg (France). By Statute, it has two constituent or_
gans: the Committee of Ministers and the Parliamentary As_
sembly. The Congress of Local and Regional Authorities of
Europe represents the entities of local and regional self_
government within the member States.
The European Court of Human Rights is the judicial
body competent to adjudicate complaints brought against a
State by individuals, associations or other contracting States
on grounds of violation of the European Convention on
Human Rights.
1 Albania, Andorra, Armenia, Austria, Azerbaijan, Belgium, Bosnia
& Herzegovina, Bulgaria,
Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France,
Germany, Georgia, Greece,
Hungary, Iceland, Ireland, Italy, Latvia, Liechtenstein, Lithuania,
Luxembourg, Malta, Moldova,
Netherlands, Norway, Poland, Portugal, Romania, Russian Federation,
San Marino, Serbia and
Montenegro, Slovak Republic, Slovenia, Spain, Sweden, Switzerland,
“the Former Yugoslav Republic of
Macedonia”, Turkey, Ukraine, United Kingdom.
4
EUROPEAN COMMISSION AGAINST RACISM AND INTOLERANCE
The European Commission against Racism and
Intolerance (ECRI) is a monitoring body established by the
first Summit of Heads of State and Government of the mem_
ber States of the Council of Europe. The decision to establish
ECRI is contained in the Vienna Declaration adopted by the
first Summit on 9 October 1993. The European Conference
against Racism, held in Strasbourg in October 2000, called
for the strengthening of ECRI’s action. On 13 June 2002, the
Committee of Ministers adopted a new Statute for ECRI,
consolidating its role as an independent human rights
monitoring body on issues related to racism and racial dis_
crimination.
The members of ECRI serve in their individual
capacity and are independent. The task of ECRI is to combat
racism, xenophobia, antisemitism and intolerance at the
level of greater Europe and from the perspective of the pro_
tection of human rights. ECRI's action covers all necessary
measures to combat violence, discrimination and prejudice
faced by persons or groups of persons, notably on grounds of
race, colour, language, religion, nationality and national or
ethnic origin.
ECRI's programme of activities comprises three as_
pects: country_by_country approach; work on general
themes; activities in relation with civil society.
For further information on ECRI and its activities,
please contact:
Secretariat of the European Commission against
Racism and Intolerance
Council of Europe
F_67075 Strasbourg cedex
Tel: +33 (0)3 88 41 29 64
Fax: +33 (0)3 88 41 39 87
E_mail: combat.racism@coe.int
Website: http://www.coe.int/ecri
The European Commission against Racism and Intolerance:
Having regard to Article 14 of the European Convention on Human
Rights;
Having regard to Protocol N° 12 to the European Convention on Human
Rights which contains a general clause prohibiting discrimination;
Having regard to the case-law of the European Court of Human Rights
and recalling that the Court held that disputing the existence of
crimes against humanity committed under the National-Socialist
regime was one of the most severe forms of racial defamation and of
incitement to hatred of Jews and that the denial of such crimes
against humanity and the justification of a pro-Nazi policy could
not be allowed to enjoy the protection afforded by Article 10 of the
European Convention on Human Rights;
Having regard to the Additional Protocol to the Convention on
Cybercrime concerning criminalisation of acts of a racist or
xenophobic nature committed through computer systems;
Recalling ECRI’s General Policy Recommendation N° 1 on combating
racism, xenophobia, antisemitism and intolerance and ECRI’s
General Policy Recommendation N° 2 on specialised bodies to combat
racism, xenophobia, antisemitism and intolerance at national level;
Recalling also ECRI’s General Policy Recommendation N° 7 on
national legislation to combat racism and racial discrimination,
which contains the key elements of appropriate legal measures in
combating racism and racial discrimination effectively;
Bearing in mind the Declaration of Concern and Intent on
“Antisemitism in Europe today” adopted on 27 March 2000 by the
participants in the Strasbourg “Consultation on Antisemitism in
Europe today”, convened by the Secretary General of the Council of
Europe;
Having regard to Recommendation (2001) 15 of the Committee of
Ministers to member States on history teaching in twenty-first
century Europe, which was confirmed by Ministers of Education at the
ministerial seminar held in Strasbourg in October 2002;
Recalling the principles contained in the Charter of European
political parties for a non-racist society;
Taking note of the conclusions of the OSCE Conferences on
Antisemitism held in Vienna on 19-20 June 2003 and in Berlin on
28-29 April 2004;
Recalling the work of the European Union in combating racism and
discrimination and taking note of the conclusions of the seminar on
“Europe against antisemitism, for a Union of Diversity”
organised in Brussels on 19 February 2004;
Recalling that the legacy of Europe’s history is a duty to
remember the past by remaining vigilant and actively opposing any
manifestations of racism, xenophobia, antisemitism and intolerance;
Paying homage to the memory of the victims of the systematic
persecution and extermination of Jews in the Shoah, as well as of
the other victims of policies of racist persecution and
extermination during the Second World War;
Paying homage to the Jewish victims of killings and systematic
persecution under totalitarian regimes following the Second World
War, as well as other victims of these policies;
Stressing in this respect that the Council of Europe was precisely
founded in order to defend and promote common and just values – in
particular the protection and promotion of human rights – around
which Europe was rebuilt after the horrors of the Second World War;
Recalling that combating racism, xenophobia, antisemitism and
intolerance is rooted in and forms part of the protection and
promotion of human rights;
Profoundly convinced that combating antisemitism, while requiring
actions taking into account its specificities, is an integral and
intrinsic component of the fight against racism;
Stressing that antisemitism has persisted for centuries across
Europe;
Observing the current increase of antisemitism in many European
countries, and stressing that this increase is also characterised by
new manifestations of antisemitism;
Noting that these manifestations have often closely followed
contemporary world developments such as the situation in the Middle
East;
Underlining that these manifestations are not exclusively the
actions of marginal or radical groups, but are often mainstream
phenomena, including in schools, that are becoming increasingly
perceived as commonplace occurrences;
Observing the frequent use of symbols from the Nazi era and
references to the Shoah in current manifestations of antisemitism;
Stressing that these manifestations originate in different social
groups and different sectors of society;
Observing that the victims of racism and exclusion in some European
societies, themselves sometimes become perpetrators of antisemitism;
Noting that in a number of countries, antisemitism, including in its
new forms, continues to be promoted, openly or in a coded manner, by
some political parties and leaders, including not only extremist
parties, but also certain mainstream parties;
Believing that an adequate response to these phenomena can only be
developed through the concerted efforts of all relevant actors in
European societies, including representatives of different
communities, religious leaders, civil society organisations and
other key institutions;
Stressing that efforts to counter antisemitism should include the
thorough implementation of legal provisions against racism and
racial discrimination in respect of all perpetrators and for the
benefit of all victims, with special emphasis on the provisions
against incitement to racial violence, hatred and discrimination;
Convinced furthermore that these efforts should also include the
promotion of dialogue and cooperation between the different segments
of society on the local and national levels, including dialogue and
cooperation between different cultural, ethnic and religious
communities;
Emphasising strongly the role of education in the promotion of
tolerance and respect for human rights, thereby against
antisemitism;
Recommends that the governments of the member States:
- give a high priority to the fight against antisemitism, taking all
necessary measures to combat all of its manifestations, regardless
of their origin;
- ensure that actions aimed at countering antisemitism are
consistently given their due place amongst actions aimed at
countering racism;
- ensure that the fight against antisemitism is carried out at all
administrative levels (national, regional, local) and facilitate the
involvement of a wide range of actors from different sectors of
society (political, legal, economic, social, religious, educational)
in these efforts;
- enact legislation aimed at combating antisemitism taking into
account ECRI’s suggestions in its General Policy Recommendation No
7 on national legislation to combat racism and racial
discrimination;
- ensure that the law provides that, for all criminal offences,
racist motivation constitutes an aggravating circumstance, and that
such motivation covers antisemitic motivation;
- ensure that criminal law in the field of combating racism covers
antisemitism and penalises the following antisemitic acts when
committed intentionally:
a. public incitement to violence, hatred or discrimination against a
person or a grouping of persons on the grounds of their Jewish
identity or origin;
b. public insults and defamation of a person or a grouping of
persons on the grounds of their actual or presumed Jewish identity
or origin;
c. threats against a person or a grouping of persons on the grounds
of their actual or presumed Jewish identity or origin;
d. the public expression, with an antisemitic aim, of an ideology
which depreciates or denigrates a grouping of persons on the grounds
of their Jewish identity or origin;
e. the public denial, trivialisation, justification or condoning of
the Shoah;
f. the public denial, trivialisation, justification or condoning,
with an antisemitic aim, of crimes of genocide, crimes against
humanity or war crimes committed against persons on the grounds of
their Jewish identity or origin;
g. the public dissemination or public distribution, or the
production or storage aimed at public dissemination or public
distribution, with an antisemitic aim, of written, pictorial or
other material containing manifestations covered by points a), b),
c), d), e), f) above;
h. desecration and profanation, with an antisemitic aim, of Jewish
property and monuments;
i. the creation or the leadership of a group which promotes
antisemitism; support for such a group (such as providing financing
to the group, providing for other material needs, producing or
obtaining documents); participation in its activities with the
intention of contributing to the offences covered by points a), b),
c), d), e), f), g), h) above;
- ensure that criminal legislation covers antisemitic crimes
committed via the internet, satellite television and other modern
means of information and communication;
- ensure that the law provides for an obligation to suppress public
financing of organisations which promote antisemitism, including
political parties;
- ensure that the law provides for the possibility of disbanding
organisations that promote antisemitism;
- take the appropriate measures to ensure that legislation aimed at
preventing and sanctioning antisemitism is effectively implemented;
- offer targeted training to persons involved at all levels of the
criminal justice system – police, prosecutors, judges – with a
view to increasing knowledge about antisemitic crimes and how such
acts can be effectively prosecuted;
- take steps to encourage victims of antisemitic acts to come
forward with complaints of antisemitic acts, and put in place an
effective system of data collection to thoroughly monitor the
follow-up given to such complaints;
- establish and support the functioning of an independent
specialised body along the lines set out in ECRI’s General Policy
Recommendation No 2 on Specialised bodies to combat racism,
xenophobia, antisemitism and intolerance at national level, and
ensure that the actions carried out by this organ cover all forms of
antisemitism;
- introduce anti-racist education into the school curriculum at all
levels and in an integrated manner, including content that builds
awareness about antisemitism, its occurrences through centuries and
the importance of combating its various manifestations, ensuring
that teachers are provided with the necessary training;
- promote learning about Jewish history as well as about the
positive contribution of Jewish persons, communities and culture to
European societies;
- promote learning about the Shoah, and the developments leading up
to it, within schools and ensure that teachers are adequately
trained in order to address this issue in a manner whereby children
also reflect upon current dangers and how the recurrence of such an
event can be prevented;
- promote learning and research into the killings and systematic
persecution of Jewish and other persons under totalitarian regimes
following the Second World War;
- where antisemitic acts take place in a school context, ensure
that, through targeted training and materials, school directors,
teachers and other personnel are adequately prepared to effectively
address this problem;
- encourage debate within the media professions on their role in
fighting antisemitism, and on the particular responsibility of media
professionals to seek to, in this connection, report on all world
events in a manner that avoids perpetuating prejudices;
- support the positive role the media can play in promoting mutual
respect and countering antisemitic stereotypes and prejudices;
- support and encourage research projects and independent monitoring
of manifestations of antisemitism;
- support the activities of non-governmental organisations, which
play an important role in fighting antisemitism, promoting
appreciation of diversity, and developing dialogue and common
anti-racist actions between different cultural, ethnic and religious
communities;
- take the necessary measures to ensure that the freedom of religion
is fully guaranteed, and that public institutions make provision in
their everyday practice for the reasonable accommodation of cultural
and other requirements;
- support dialogue between different religious communities at local
and national levels in order to counter racist stereotypes and
prejudices, including through providing financing and establishing
institutional fora for multifaith dialogue;
- ensure that religious leaders at all levels avoid fueling
antisemitism, and encourage religious leaders to take responsibility
for the teachings spread at the grassroots level;
- encourage political actors and opinion leaders to take a firm
public stand against antisemitism, regularly speaking out against
its various manifestations, including all its contemporary forms,
and making clear that antisemitism will not be tolerated.
|
