freedom of speech

Complex issues up for debate – IHRA definition

I met my husband long ago at Cornell University Hillel events. One event celebrated what looked like the success of the Israel-Palestinian peace process. It was part of the Oslo Accords and, in October 1994, the Nobel Peace Prize was awarded to Yasser Arafat, Yitzhak Rabin and Shimon Peres. It was a sunny, warm day, but things have shifted often since then. These are thorny political issues, but one can hope.

I recently completed studying the talmudic tractate of Pesachim. When finishing a tractate, one says a prayer called Hadran. It ends with Kaddish, much like what’s said at any Jewish service. It ends with praying for peace. We have lots of prayers for peace.

Meanwhile, my husband, now a biology professor, asked me to look at a motion from his faculty union. It claimed a deep concern with academic freedom. The motion proposed rejecting the IHRA’s definition of antisemitism. (The IHRA stands for International Holocaust Remembrance Alliance.) This motion theoretically responded to a student union motion that supported the IHRA’s definition. Many countries, including Canada, have adopted the IHRA’s working definition.

The politics behind this are tangled. Many on the political left suggest that to truly support truth and reconciliation and BIPOC (Black and Indigenous People of Colour), one must support all Indigenous movements worldwide. According to this argument, Palestinians must be supported as the sole true Indigenous people – against the colonial-settler narrative of Israel. There are issues with this position. One is that Britain is the colonial power whose actions helped lead to the creation of Israel. Also, Jews have been indigenous to, or lived in what is now, Israel for thousands of years.

There are practical consequences when universities debate these topics. North American Jews are a minority. This vote, which affects us, is one where we have no majority voting power. We rely on non-Jews to advocate for us and support anti-discrimination guidelines. We often must confront those who feel these definitions threaten them intellectually – while we’re feeling threatened in reality.

Jewish students on campus feel attacked. Jewish academics are forced to step up and speak out. In some cases, Jewish professors and students face discrimination as a result of this advocacy.

Just before Passover this year, at a special meeting, the faculty union put forth its agenda. The meeting agenda was to consider this motion that opposes the IHRA’s working definition of antisemitism. Those attending the meeting wouldn’t approve the agenda. (Note that approving the agenda is usually not a big deal.) Without an agenda, the motion couldn’t go forward. There was no vote.

Some attendees suggested that the entire union membership should vote. First though, they said, this motion should be considered by the cultural diversity and academic freedom committees. In the end? This meeting’s outcome just puts off the problem for the Jewish community.

Multiple professors in relevant fields spoke out against this motion, which opposed using a working definition of antisemitism. Behind the scenes, the local Jewish federation got involved. The motion was problematic – and it’s still out there. It could be voted on at another meeting, potentially one with even less notice or publicity.

It’s particularly troublesome that those voting on whether one can use the IHRA definition at this university in teaching or research aren’t all relevant experts. Most aren’t professors in religious studies, Jewish studies, Holocaust studies, Near Eastern studies. Most of the voting representatives won’t be Jewish. In their argument to maintain “academic freedom,” they’re proposing to limit the freedoms of colleagues. This limits others’ right to use whatever definitions they prefer when they speak about anti-Jewish discrimination.

There’s a bigger argument here. If Canadian universities want to show ally-ship with Indigenous communities and to be partners in truth and reconciliation, the way is clear. It starts much closer to home. Stand with Canada’s Indigenous peoples on the issues that matter to them. For instance, pressure the government to provide all Canadians with clean drinking water. Support Indigenous students at universities. Hire and appoint Indigenous peoples (First Nations, Inuit and Métis) to academic positions. The list is long. To start, read the Truth and Reconciliation Commission of Canada’s 94 calls to action.

None of these feuds are new. My husband and several other Jewish professor friends spent a lot of time on how to address this motion. This is “their” problem because they’re Jewish, but not because this is in their fields of research.

This gut-wrenching position is familiar. Does supporting academic freedom mean that antisemitism is up for discussion? It shouldn’t mean this, but antisemitic incidents are on the rise. Freedom of speech shouldn’t mean danger to minority students and professors.

Complexity isn’t resolved easily. Delving into these issues without lots of prior knowledge reflects badly on this faculty union and, by extension, the university. Smart people know there aren’t easy answers to entrenched political problems. Motions such as this one show a lack of rigour.

Canadian university professors should be sophisticated enough to know that complex issues aren’t resolved by simply opposing a working definition. It’s useless virtue signaling. Just as it shouldn’t be up to Black people or Indigenous people to fight every battle without allies, we, as Jewish people, shouldn’t have to keep fighting these battles alone over how to define antisemitism.

My husband and I met with a hope for peace. We care about human rights, but this union issue just seems to be wasting time during a pandemic. Opposing this working definition that protects a minority population, because it could possibly affect free speech? This really isn’t what a biology professor wants to be doing at work – even if he’s Jewish.

If Canadians care about peace, truth and reconciliation, and about the well-being of all people, we shouldn’t be attacking one group to elevate others. We shouldn’t have to keep fighting over definitions about discrimination against minorities.

Perhaps, we can leave the global political issues and their definitions up to the relevant experts. For us, it might be simple: we should show up to care for one another with respect instead. Advocate for better conditions close to home: safety without discrimination, fresh food, clean water, housing security, and economic and social supports. Even at their preschool, my children learned about key Jewish concepts like “Shalom Ba-bayit.” In other words, peace and tolerance start at home.

Joanne Seiff has written regularly for CBC Manitoba and various Jewish publications. She is the author of three books, including From the Outside In: Jewish Post Columns 2015-2016, a collection of essays available for digital download or as a paperback from Amazon. Check her out on Instagram @yrnspinner or at joanneseiff.blogspot.com.

IHRA definition stifles speech

On June 25, 2019, the Liberal government of Justin Trudeau adopted the International Holocaust Remembrance Alliance (IHRA) definition of antisemitism, as part of Canada’s anti-racism strategy. Widely proposed around the world, the definition has evoked fierce debate.

In Canada, the NDP will consider a resolution against the definition at its national convention this month, one penned by B.C. former MPs Libby Davies and Svend Robinson. Meanwhile, a coalition of 100 Canadian Jewish organizations has objected to the NDP resolution.

Wherein lies the controversy with the IHRA definition?

The definition, though vague, is not, in itself, controversial: “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.” IHRA has promoted it as a “non-legally binding working definition.”

As is so often the case, the devil is in the details, and the details here are found in the 11 examples of what the definition considers actionable antisemitism: seven of them concern the state of Israel.

Those who defend the definition argue that Israel is treated unfairly in the media and in international political discourse and see antisemitism as the root of this discriminatory treatment. Yet Israel is a country whose founding wars and subsequent military occupation of the West Bank and Gaza have meant displacement of millions of Palestinians followed by the occupation and policing of that same population. The circumstances of the displacement and occupation are such that even the most generous interpretation of Israeli actions should recognize that an ongoing critical scrutiny of the Israeli state is a moral duty. Voices within and without Israel – and especially the voices of Palestinians and their allies – must be free to speak their experience and, yes, their accusations.

This is exactly the freedom that the IHRA definition would curtail. The burden should not be on those who criticize the Israeli state to prove that their statements are not antisemitic. Rather, the Israeli state, like any other, should bear the burden of demonstrating that criticisms of it are discriminatory, made in bad faith and nonfactual.

The definition’s history

The International Holocaust Remembrance Alliance was initiated in 1998. In 2016, it adopted a definition drafted by Kenneth Stern, director of the Bard Centre for the Study of Hate, to aid in the collection and sorting of possible instances of antisemitism. Stern has acknowledged that the definition has been misappropriated and is being “weaponized” against critics of Israel and has warned against the definition “being employed in an attempt to restrict academic freedom and punish political speech.”

In Canada, the adoption of the definition has been opposed by the B.C. Civil Liberties Association and the Ontario Civil Liberties Association. More than 450 Canadian academics have signed on to an open letter opposing its adoption by governing bodies. In 2021, the New Israel Fund Canada, which had previously urged Ontario to adopt the definition, reversed its position, citing concerns over free speech and academic freedom.

There have already been unjust consequences. Lives, livelihoods and reputations have been damaged, particularly in universities where academics have been harassed, censured and dismissed for teaching about the Israeli-Palestinian conflict or scheduling speakers on that topic – instances where the definition is acknowledged to be in play. The definition also has created what some argue is a limiting of speech critical of the Israeli state on social media platforms like Zoom or Facebook.

In one example, law professor Faisal Bhabha was accused of antisemitism by B’nai Brith Canada for his remarks in a debate that was sponsored by the Centre for Free Expression at Ryerson University. A petition was launched using the IHRA definition, calling for Bhabha to no longer teach human rights classes. The professor’s allegedly antisemitic act was to argue that Zionism as practised today in Israel amounts to “Jewish supremacy,” an opinion shared not only by many human rights organizations and Palestinian activists, but also by many Jews. Yet for those wielders of the definition the question cannot even be debated.

Similar incidents have been reported in the United States. To get a sense of the extreme rhetoric involved, consider that, in 2020, the U.S. State Department announced its intentions to declare the advocacy groups Oxfam, Amnesty International and Human Rights Watch antisemitic and to withdraw U.S. support for these groups. If only advocacy groups in Canada and the United States could find a way to declare criticism of the genocidal actions of the Burmese state to be merely anti-Asian prejudice, what a coup for Myanmar’s military junta that would be.

Not only is the speech of Jews not immune to these accusations, but even Jewish Holocaust survivors are not immune. When survivor Marika Sherwood attempted to give a talk at Manchester University called You’re Doing to the Palestinians What the Nazis Did to Me, Mark Regev, Israeli ambassador to the United Kingdom, intervened. The embassy claimed the title breached the definition and accused the Holocaust survivor of hate speech towards Jews.

Incredibly, the Simon Wiesenthal Centre listed the European Union’s insistence that products made in Israeli settlements must be so labeled as the third most serious antisemitic incident in 2015.

These examples, which are only a sample of many more, should be enough to convince anyone that there are few limits to the measures that Israel’s absolute defenders will take to use the IHRA definition to silence criticism of the Israeli state.

Opinions in Canada

Can the centuries-old hatred of Jews be redefined as criticism of the state of Israel or is this an unacceptable slippage of meaning? A recent (2020) poll indicated that a strong majority of Canadians believe that criticism of Israel is not antisemitic. Considering the importance of holding the state of Israel up to criticism, it must be demonstrated that said criticism is rooted in antisemitism, not assumed.

One of the examples in the IHRA definition states that referring to Israel as a “racist endeavour” is antisemitic, because it denies the Jewish people their right to self-determination. But surely there are methods of national self-determination that can be judged to be racist.

The definition claims that holding Israel to a higher moral standard than other countries is antisemitic. Considering the fact that every government on the planet receives vitriolic criticism, together with the previous claim that calling Israel a “racist endeavour” is antisemitic, one gets the sense that what is sought for Israel is a higher level of exemption from criticism than any other nation receives. We are perfectly free to call Canada a “racist endeavour,” after all. This happens frequently, often by the main victims of Canada’s very real history of racism, Indigenous peoples. Would we want to criminalize such speech in Canada as somehow a form of racism against Anglo-Saxons, or the French? Obviously not, yet our prime minister is willing to penalize the speech of Palestinians calling out Israel’s structural racism.

Most Jews live outside of Israel. Some are not Zionists or do not identify with the Israeli state as part of their Jewish identity. Yet, since Israel was founded as a reclamation of the ancient Jewish homeland and seeks to identify itself as “the Jewish state,” obviously those who hate Jews may hate the Israeli state and attempt to attack it. Yet states are prone, by their very nature, to all kinds of ethical challenges and must be held open to free and vociferous criticism. Again, the burden should be on the Israeli state to demonstrate that criticism of its actions is unfair and rooted in antisemitism. The claim that criticism of Israel is antisemitic should not be the first assumption but rather the last, after the criticisms – or, in the case of the recent investigation of Israel launched by the International Criminal Court, the legal allegations – have been fairly assessed.

Matthew Gindin is an independent journalist, writer and teacher of Jewish studies. You can follow his writing at matthewgindin.substack.com. Marty Roth is a retired professor of American literature and film studies, a freelance writer and member of Independent Jewish Voices.

IHRA definition a vital tool

Synagogues damaged. Community centres defaced. Children bullied. Threats of violence online. Hate targeting Jewish Canadians is growing. When it comes to hate crime, the Jewish community is the most frequently targeted group. According to Statistics Canada, an anti-Jewish hate crime occurs, on average, once every 24 hours.

We in British Columbia are not immune. The Vancouver Police Department reports that, in 2018, there were 141 hate crimes, of which Jews were the most targeted.

This rising threat is either unseen or misunderstood by most Canadians, which is why the International Holocaust Remembrance Alliance (IHRA) definition of antisemitism is so important. It can empower our political leaders, judges, educators, and others to recognize and address rising antisemitism. After all, if you cannot identify the problem, you will not solve it.

Grounded in decades of research by experts in Holocaust remembrance, antisemitism and Holocaust denial, IHRA, an international group comprising 34 member countries, including Canada, adopted – by consensus – a working definition of antisemitism.

The definition includes 11 illustrative examples that help Canadians understand the evolving nature of antisemitism. In all, the IHRA definition is a vital, non-legally binding instrument to combat antisemitism, one that provides flexibility, consistency and understanding of its many manifestations.

Since its publication in 2016, the IHRA definition has become the most widely supported definition of antisemitism for organizations and governments at home and abroad. It is an important instrument in the coordinated, consistent response to a grave international threat.

In Canada, support for the IHRA definition is widespread – backed by almost every Canadian Jewish organization, including the Canadian Rabbinic Caucus and rabbis and lay leaders of the Canadian Reform movement. The definition is a foundational part of the federal government’s national anti-racism strategy and is supported by the Canadian Human Rights Commission, the Canadian Race Relations Foundation, the Province of Ontario, and many municipalities.

Internationally, the definition has received extensive backing. From the European Union, to the United Nations Secretary General, to the Special Rapporteur on Freedom of Religion or Belief, to governments throughout the world, the IHRA definition of antisemitism is supported by leaders of every political stripe.

Notwithstanding the IHRA definition’s widespread recognition, there is a small but vocal cadre of detractors, unrepresentative of the Canadian Jewish community, who reject the IHRA definition, claiming it is a conspiracy to stifle criticism of the state of Israel. This contention is false.

The IHRA definition states explicitly that, “criticism of Israel similar to that leveled against any other country cannot be regarded as antisemitic.”

Here, the IHRA definition distinguishes between political expression on Israeli policies and hate targeting Israel as a Jewish collectivity. The IHRA definition describes manifestations of antisemitism, such as denying Jewish self-determination and characterizing Israel or Israelis with classic antisemitic images or symbols.

For nearly all Jewish Canadians, a connection with Israel is central to their Jewish identity. For 86% of Jewish Canadians, caring about Israel is an essential or important part of being Jewish, according to the 2018 Study of Jews in Canada. This link cannot be ignored or denied, nor can the link between anti-Zionism and antisemitism. Those denying the Jewish right to self-determination are, in essence, rejecting the heart of Jewish identity: peoplehood – a right to control our own destiny.

This tiny group of detractors also criticizes the IHRA definition as too vague. The IHRA definition is not a checklist. Context is critical. The real world is rarely black and white. When read together with the 11 examples, the IHRA definition provides a nuanced understanding that allows the specifics of a situation to be duly considered.

This unrepresentative faction goes on to assert that “real” antisemitism is rooted exclusively in white supremacy. This one-sided, dangerously narrow view erases Jewish experience, history and identity. While antisemitism is undoubtedly a prominent feature of white supremacy, antisemitism is not confined to any single position on the political spectrum. There is as much antisemitism on the extreme left as on the extreme right.

Antisemitism is not limited to a place, a time, or a specific political ideology. That is precisely one of the reasons that the IHRA definition is important. It is a tool to identify antisemitism wherever it may root, breaking through the subterfuge and identifying antisemitism in a thoughtful and context-specific manner, so that we can stand together as a society against antisemitism, building a better tomorrow.

Visit cija.ca/ihra to learn more about the IHRA definition of antisemitism and how you can get involved.

Geoffrey Druker chairs the Centre for Israel and Jewish Affairs (CIJA) Pacific Region Local Partnership Council. CIJA is the advocacy agent of the Jewish Federations of Canada, including the Jewish Federation of Greater Vancouver. CIJA is a national, non-partisan, nonprofit organization dedicated to protecting Jewish life in Canada through advocacy. It represents hundreds of thousands of Jewish Canadians affiliated with Jewish federations across Canada.