ECRI Annual Report 2019
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A Legal Analysis
Maya Hertig Randall Catherine Imbeck Professor Doctoral research Faculty of Law fellow University of Geneva Faculty of Law University of Geneva The IHRA working definition of antisemitism: a legal analysis 6 November 2020 Legal opinion provided at the request of the Service for Combating Racism at the Federal Department of Home Affairs This legal analysis expresses the personal opinions of the authors and does not reflect the position of any other person or organisation. Mandate and context ............................................................................................................................................ 2 I. Executive summary ........................................................................................................................................... 3 II. Analysis of the working definition .................................................................................................................. 6 A. Introductory remarks .......................................................................................................................... 6 B. Structure of the broad definition ............................................................................................................ 7 C Core definition ..................................................................................................................................... 8 D. Examples ........................................................................................................................................... -
Blacks and Asians in Mississippi Masala, Barriers to Coalition Building
Both Edges of the Margin: Blacks and Asians in Mississippi Masala, Barriers to Coalition Building Taunya Lovell Bankst Asians often take the middle position between White privilege and Black subordination and therefore participate in what Professor Banks calls "simultaneous racism," where one racially subordinatedgroup subordi- nates another. She observes that the experience of Asian Indian immi- grants in Mira Nair's film parallels a much earlier Chinese immigrant experience in Mississippi, indicatinga pattern of how the dominantpower uses law to enforce insularityamong and thereby control different groups in a pluralistic society. However, Banks argues that the mere existence of such legal constraintsdoes not excuse the behavior of White appeasement or group insularityamong both Asians and Blacks. Instead,she makes an appealfor engaging in the difficult task of coalition-buildingon political, economic, socialand personallevels among minority groups. "When races come together, as in the present age, it should not be merely the gathering of a crowd; there must be a bond of relation, or they will collide...." -Rabindranath Tagore1 "When spiders unite, they can tie up a lion." -Ethiopian proverb I. INTRODUCTION In the 1870s, White land owners recruited poor laborers from Sze Yap or the Four Counties districts in China to work on plantations in the Mis- sissippi Delta, marking the formal entry of Asians2 into Mississippi's black © 1998 Asian Law Journal, Inc. I Jacob A. France Professor of Equality Jurisprudence, University of Maryland School of Law. The author thanks Muriel Morisey, Maxwell Chibundu, and Frank Wu for their suggestions and comments on earlier drafts of this Article. 1. -
Reactionary Postmodernism? Neoliberalism, Multiculturalism, the Internet, and the Ideology of the New Far Right in Germany
University of Vermont ScholarWorks @ UVM UVM Honors College Senior Theses Undergraduate Theses 2018 Reactionary Postmodernism? Neoliberalism, Multiculturalism, the Internet, and the Ideology of the New Far Right in Germany William Peter Fitz University of Vermont Follow this and additional works at: https://scholarworks.uvm.edu/hcoltheses Recommended Citation Fitz, William Peter, "Reactionary Postmodernism? Neoliberalism, Multiculturalism, the Internet, and the Ideology of the New Far Right in Germany" (2018). UVM Honors College Senior Theses. 275. https://scholarworks.uvm.edu/hcoltheses/275 This Honors College Thesis is brought to you for free and open access by the Undergraduate Theses at ScholarWorks @ UVM. It has been accepted for inclusion in UVM Honors College Senior Theses by an authorized administrator of ScholarWorks @ UVM. For more information, please contact [email protected]. REACTIONARY POSTMODERNISM? NEOLIBERALISM, MULTICULTURALISM, THE INTERNET, AND THE IDEOLOGY OF THE NEW FAR RIGHT IN GERMANY A Thesis Presented by William Peter Fitz to The Faculty of the College of Arts and Sciences of The University of Vermont In Partial Fulfilment of the Requirements For the Degree of Bachelor of Arts In European Studies with Honors December 2018 Defense Date: December 4th, 2018 Thesis Committee: Alan E. Steinweis, Ph.D., Advisor Susanna Schrafstetter, Ph.D., Chairperson Adriana Borra, M.A. Table of Contents Introduction 1 Chapter One: Neoliberalism and Xenophobia 17 Chapter Two: Multiculturalism and Cultural Identity 52 Chapter Three: The Philosophy of the New Right 84 Chapter Four: The Internet and Meme Warfare 116 Conclusion 149 Bibliography 166 1 “Perhaps one will view the rise of the Alternative for Germany in the foreseeable future as inevitable, as a portent for major changes, one that is as necessary as it was predictable. -
Select Bibliography
After the Nazi Racial State: Difference and Democracy in Germany and Europe Rita Chin, Heide Fehrenbach, Geoff Eley, and Atina Grossmann http://www.press.umich.edu/titleDetailDesc.do?id=354212 The University of Michigan Press, 2009. Select Bibliography GERMANY AFTER 1945 Alba, Richard, Peter Schmidt, and Martina Wasmer, eds. Germans or Foreigners? Attitudes toward Ethnic Minorities in Post-Reuni‹cation Germany. New York: Palgrave Macmillan, 2003. Ahonen, Pertti. After the Expulsion: West Germany and Eastern Europe, 1945–1990. Oxford: Oxford University Press, 2003. Arndt, Susan, ed. AfrikaBilder. Studien zu Rassismus in Deutschland. Münster: Un- rast, 2001. Bade, Klaus, ed. Neue Heimat im Westen: Vertriebene, Flüchtlinge, Aussiedler. Münster: Westfälischer Heimatbund, 1990. Behrends, Jan C., Thomas Lindenberger, and Patrice G. Poutrus, eds. Fremde und Fremd-Sein in der DDR: zu historischen Ursachen der Fremdenfeindlichkeit in Ostdeutschland. Berlin: Metropol, 2003. Benz, Wolfgang, ed. Antisemitismus in Deutschland. Zur Aktualität eines Vorteils. Munich: Deutscher Taschenbuch Verlag, 1995. Benz, Wolfgang, ed. Jahrbuch für Antisemitismusforschung. Munich: Deutscher Taschenbuch Verlag, 1995–. Berg, Nicolas. Der Holocaust und die westdeutschen Historiker. Göttingen: Wall- stein, 2004. Bergmann, Werner, and Rainer Erb. Antisemitism in Germany: The Post-Nazi Epoch since 1945. New Brunswick: Transaction, 1997. Beyer, Heidemarie. “Entwicklung des Ausländerrechts in der DDR.” Zwischen Na- tionalstaat und multikultureller Gesellschaft. Einwanderung und Fremden- feindlichkeit in der Bundesrepublik Deutschland, ed. Manfred Heßler, 211–27. Berlin: Hitit Verlag, 1993. Biess, Frank. Homecomings: Returning POWs and the Legacies of Defeat in Post- war Germany. Princeton: Princeton University Press, 2006. Bloxham, Donald. Genocide on Trial: War Crimes Trials and the Formation of Holocaust History and Memory. New York: Oxford University Press, 2003. -
Reparations for the Slave Trade: Rhetoric, Law, History and Political Realities”
©Rhoda E. Howard-Hassmann Feb 5, 2007 1 WORKING PAPER “Reparations for the Slave Trade: Rhetoric, Law, History and Political Realities” Rhoda E. Howard-Hassmann Canada Research Chair International Human Rights Wilfrid Laurier University Waterloo, Ontario, Canada N2L 3C5 [email protected], +1 (519) 884-0710 ext 2780 Neither this paper, nor any part of it, is to be reproduced or circulated without permission of the author. Note to Readers: This paper is drawn from my book in progress (with Anthony P. Lombardo), Reparations to Africa, especially chapter 5 (“The Slave Trade: Law and Rhetoric”), chapter 6 “The Slave Trade: Debates,” and chapter 1, “Reparations to Africa: A New Kind of Justice.” Introduction This paper considers the call for reparations to Africa from the West, for the trans-Atlantic slave trade, as a form of transitional justice between regions (the West and Africa), which might result in better understanding—and less political resentment, between the two areas. Nevertheless, the call for reparations is so far ridden with rhetorical over-statements, misunderstandings of international law, and misinterpretations C:/reparations/working papers/UConn march 12 07 ©Rhoda E. Howard-Hassmann Feb 5, 2007 2 of history. These are unlikely to result in any material reparations from the West to Africa for the slave trade. The discussion below focuses especially on the 2001 United Nations World Conference against Racism in Durban, South Africa, and on the call for reparations by the Group of Eminent Persons (GEP) established by the Organization of African Unity in 1992. The two remaining active members of the GEP in the early twenty-first century were Ali Mazrui and Jacob Ajayi. -
EU Legislation and Policies to Fight Racial and Ethnic Discrimination
BRIEFING EU legislation and policies to fight racial and ethnic discrimination SUMMARY Racial and ethnic minorities face discrimination and its consequences on a daily basis. The exact scale of the problem is hard to gauge owing to a lack of data and general under-reporting of racist incidents. The pandemic has seen a major increase in reports of racist and xenophobic incidents, however, while racial and ethnic minority groups have been disproportionately affected by the crisis, with higher death and infection rates. Although since 2000 the European Union (EU) has introduced legislation to combat racial and xenophobic discrimination, the problem persists, with the need for new measures recently highlighted by the global Black Lives Matter protests. A number of studies also point to the cost of racial discrimination not only for the individuals concerned but also for society as a whole. For instance, a 2018 EPRS report argued that the loss in earnings caused by racial and ethnic discrimination for both individuals and societies amounts to billions of euros annually. The problem is also acknowledged by EU citizens: a 2019 survey found that over half of Europeans believe racial or ethnic discrimination to be widespread in their country. To address racial discrimination and its underlying inequalities, the European Commission has put forward a number of equality strategies and actions. The first European Summit against Racism was held on 19 March 2021. The European Parliament, meanwhile, has long been demanding an end to racial discrimination. In recent resolutions, Parliament has called for an end to structural racism and discrimination, racial profiling and police brutality, and for the right to protest peacefully. -
Racism in Europe: a Challenge for Democracy?
Chapter Two Racism in Europe: A Challenge for Democracy? Leila Hadj-Abdou Democracy is a form of government, not a steambath of popular feelings. —Ralf Dahrendorf1 The Anti-Racist Founding Myth of Europe and the Perseverance of Racism In recent decades the Shoah has become a central reference point for a common European identity. Especially in the 1990s, after the end of the Cold War, the heritage of the Nazi past and the involvement of many European countries in the exploitation and extermination of Jews gained a special role in the public discourse of the newly unified Europe.2 The commemoration of the Shoah is not only a source of symbolic legitimacy, but it also suggests a commitment to political val- ues such as the rejection of racism, antisemitism, and xenophobia3. In 2007, denial of the Shoah became a punishable crime across the Euro- pean Union.4 However, despite the relevance of this founding myth it would be misleading to believe that it implies a clear cut rupture with Europe’s racist past, and the end of exclusionary practices. On the contrary, several factors indicate that racism continues to be a feature of contemporary Europe. For instance, in a publication released by the civil society organization European Network Against Racism (ENAR) in 2015, it was revealed that in 2013 alone there were 47,210 racist crimes reported across the European Union. The organization stressed that this is only the tip of the iceberg as many crimes go unre- 1. Margaret Canovan, “Trust the People! Populism and the Two Faces of Democracy,” Political Studies, vol. -
Complementary International Standards First Session Geneva, 11-22 February 2008
UNITED NATIONS A General Assembly Distr. GENERAL A/HRC/AC.1/1/CRP.4 18 February 2008 Original: ENGLISH ONLY HUMAN RIGHTS COUNCIL Ad Hoc Committee on the Elaboration of Complementary International Standards First session Geneva, 11-22 February 2008 COMPLEMENTARY INTERNATIONAL STANDARDS COMPILATION OF CONCLUSIONS AND RECOMMENDATIONS OF THE STUDY BY THE FIVE EXPERTS ON THE CONTENT AND SCOPE OF SUBSTANTIVE GAPS IN THE EXISTING INTERNATIONAL INSTRUMENTS TO COMBAT RACISM RACIAL DISCRIMINATION, XENOPHOBIA AND RELATED INTOLERANCE A/HRC/AC.1/1/CRP.4 Page 2 I. CONCLUSIONS AND RECOMMENDATIONS ON THE CONTENT AND SCOPE OF SUBSTANTIVE GAPS ON COMPLEMENTARY INTERNATIONAL STANDARDS WITH REGARD TO POSITIVE OBLIGATIONS OF STATES PARTIES Assessment and recommendations 1. The role of human rights education 29. The DDPA underlines the importance of human rights education as a key to changing attitudes and behaviour and to promoting tolerance and respect for diversity in societies1 and, therefore as crucial in the struggle against racism, racial discrimination, xenophobia and related intolerance.2 The importance of human rights education is also underlined in several other human rights documents. The Vienna Declaration and Programme of Action assert that “human rights education, training and public information are essential for the promotion and achievement of stable and harmonious relations among communities and for fostering mutual understanding, tolerance and peace.”3 The World Programme for Human Rights Education identifies the promotion of understanding, tolerance, gender equality and friendship among all nations, indigenous peoples and racial, national, ethnic, religious and linguistic groups as one of the constitutive elements of human rights education that aims at building a universal culture of human rights.4 The 2005 World Summit Outcome calls for the implementation of the World Programme for Human Rights Education and encourages all States to develop initiatives in this regard.5 30. -
Exploring Race and Privilege
Exploring Race and Privilege Exploring Race and Privilege presents materials on culturally responsive supervision from the second of a three‐part series designed for supervisors in teacher education. This series was developed in partnership with Dr. Tanisha Brandon‐ Felder, a consultant in professional development on equity pedagogy. This document contains handouts, planning tools, readings, and other materials to provide field supervisors with a scaffolded experience to improve their ability for culturally responsive supervision. The following materials build on the trust and community developed through the first set of activities The Power of Identity. Exploration of race and concepts such as white privilege will necessitate shared understanding of language and norms for conversation. 1. Understanding the Language of Race and Diversity 2. Ground Rules for Conversation 3. Color Line Instructions 4. Color Line Handout 5. White Privilege: Unpacking the Invisible Knapsack by Peggy McIntosh Understanding the Language of Race and Diversity Terms we all need to know: PREJUDICE Pre‐judgment, bias DISCRIMINATION Prejudice + action OPPRESSION Discrimination + systemic power. (Systemic advantage based on a particular social identity.) Racism = oppression based race‐ the socially constructed meaning attached to a variety of physical attributes including but not limited to skin and eye color, hair texture, and bone structure of people in the US and elsewhere. racism‐ the conscious or unconscious, intentional or unintentional, enactment of racial power, grounded in racial prejudice, by an individual or group against another individual or group perceived to have lower racial status. Types of racism: Internalized Racism Lies within individuals. Refers to private beliefs and biases about race and racism. -
UN Strategy and Plan of Action on Hate Speech
UNITED NATIONS STRATEGY AND PLAN OF ACTION ON HATE SPEECH Foreword Around the world, we are seeing a disturbing groundswell of xenophobia, racism and intolerance – including rising anti-Semitism, anti-Muslim hatred and persecution of Christians. Social media and other forms of communication are being exploited as platforms for bigotry. Neo-Nazi and white supremacy movements are on the march. Public discourse is being weaponized for political gain with incendiary rhetoric that stigmatizes and dehumanizes minorities, migrants, refugees, women and any so-called “other”. This is not an isolated phenomenon or the loud voices of a few people on the fringe of society. Hate is moving into the mainstream – in liberal democracies and authoritarian systems alike. And with each broken norm, the pillars of our common humanity are weakened. Hate speech is a menace to democratic values, social stability and peace. As a matter of principle, the United Nations must confront hate speech at every turn. Silence can signal indifference to bigotry and intolerance, even as a situation escalates and the vulnerable become victims. Tackling hate speech is also crucial to deepen progress across the United Nations agenda by helping to prevent armed conflict, atrocity crimes and terrorism, end violence against women and other serious violations of human rights, and promote peaceful, inclusive and just societies. Addressing hate speech does not mean limiting or prohibiting freedom of speech. It means keeping hate speech from escalating into something more dangerous, particularly incitement to discrimination, hostility and violence, which is prohibited under international law. The United Nations has a long history of mobilizing the world against hatred of all kinds through wide-ranging action to defend human rights and advance the rule of law. -
3 B a Lanre-Abass and M Oguh-Xenophobia and Its
Vol. 5 No. 1 January – June, 2016 XENOPHOBIA AND ITS IMPLICATIONS FOR SOCIAL ORDER IN AFRICA DOI: http://dx.doi.org/10.4314/ft.v5i1.3 Bolatito A. LANRE-ABASS, Ph.D and Matthew E. OGUH, MA Department of Philosophy, University of Ibadan Abstract Xenophobia, a form of discrimination practiced in countries, particularly in South Africa, is one of the major challenges confronting the modern day society. This paper examines xenophobia as a menace showing at the same time that this discriminatory practice bifurcates societies by creating a dichotomy amidst the various occupants of the society, thereby giving room for “otherness” rather than “orderliness”. The paper also highlights the philosophical implications of this societal bifurcation, particularly to the human community. Seeking a plausible way of addressing this challenge, the paper concludes by emphasizing the relevance of the value of tolerance in curbing xenophobia. Keywords : Xenophobia, Social discrimination, Tolerance, order and other, Africa. Introduction A basic plague that befalls some contemporary African societies is the monster called Xenophobia, which has as its features, discrimination and segregation and killing of non- members. As a result of this practice, any affected human society attempt to cut off setting portion of occupants for preserving them as the “other”. Thus, “otherness” rather than orderliness becomes a factor in some societies today. Most disheartening is the fact that it now seems immaterial whether these societies belong to the developed or third world countries as could be seen in the case of countries such as South African and Greece. In some African societies however, there abound fragments of the act of discrimination in almost all human societies within Africa, even though the gravity of its perpetuation varies from one country to another (MCKINLEY, ROBBINSON, and SOMAVIA 2001, 2-4). -
The Policy of Multicultural Education in Russia: Focus on Personal Priorities
INTERNATIONAL JOURNAL OF ENVIRONMENTAL & SCIENCE EDUCATION 2016, VOL. 11, NO. 18, 12613-12628 OPEN ACCESS THE POLICY OF MULTICULTURAL EDUCATION IN RUSSIA: FOCUS ON PERSONAL PRIORITIES a a Natalya Yuryevna Sinyagina , Tatiana Yuryevna Rayfschnayder , a Russian Presidential Academy of National Economy and Public Administration, RUSSIA, ABSTRACT The article contains the results of the study of the current state of multicultural education in Russia. The history of studying the problem of multicultural education has been analyzed; an overview of scientific concepts and research of Russian scientists in the sphere of international relations, including those conducted under defended theses, and the description of technologies of multicultural education in Russia (review of experience, programs, curricula and their effectiveness) have been provided. The ways of the development of multicultural education in Russia have been described. Formulation of the problem of the development of multicultural education in the Russian Federation is currently associated with a progressive trend of the inter- ethnic and social differentiation, intolerance and intransigence, which are manifested both in individual behavior (adherence to prejudices, avoiding contacts with the "others", proneness to conflict) and in group actions (interpersonal aggression, discrimination on any grounds, ethnic conflicts, etc.). A negative attitude towards people with certain diseases, disabilities, HIV-infected people, etc., is another problem at the moment. This situation also