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Ben Gidley, Dissent Magazine
May 26, 2011
My trade union, the University and College Union (UCU, representing professionals in further and higher education in the United Kingdom), has its annual congress this weekend, and, under the title “Campaigning for equality,” will be debating a number of motions on racism and discrimination, including one on how anti-Semitism should be defined.
Unions need policies on such things, because union case work, on relations between employees and management and among colleagues, often involves discrimination and harassment that may be racist. At times like now, when there are huge cuts in higher education and academics are being placed under ever more performance pressure by management, harassment and workplace tensions can increase, and these issues become even more important.
But there are many difficulties in addressing racism.
Racism is mercurial. It mutates over time. Pseudoscientific racial theories are now spouted only by marginal cranks. Notions that different races are different species have come and gone; eugenics has come and gone; words like “Aryan” and “Semitic” are starting to sound quaint. The period since the 1980s has seen the rise of cultural racism, or racism that focuses on cultural differences rather than biological ones.
Racism is promiscuous. It will use whatever materials it has at hand. In the age when the Church dominated European ways of thinking, racism used a Biblical language; Jews were attacked as Christ-killers, black people were condemned as under the curse of Ham. With the modern rise of scientific disciplines, racism had access to a whole new language. When that language was discredited by the Nazi genocide, new forms of expression were found—those others don’t share our way of life, they cook food that smells, they control the media, or they have a culture of criminality.
Racism proceeds through euphemism and code. At various points, “aliens,” “cosmopolitan,” “Zionist,” and “finance capital” have served as euphemisms for Jews; while the Nazis spoke about sub-humans, today’s anti-Semites mutter about Lehman Brothers or Goldman Sachs. Sometimes it is impossible to distinguish the code from what’s behind it—are Muslims hated by racists in Western Europe because of their perceived color and culture, or are North Africans and South Asians hated because they are Muslim?
Some racists wear Ku Klux Klan uniforms, or shave their heads and perform Nazi salutes. But others wear suits and ties and talk about “free speech” or the “rights of the indigenous people.” We’re not against black people, says the British National Party, we’re just for white people. We’re not fascists, says the rebranded National Front in France, we even have a black candidate.
Libraries full of books and journals full of articles are devoted to debating, dissecting, and defining racism in general, and tracking its specific mutations. For every definition or classification proposed, there are qualifications, exceptions, counterexamples, refutations. No one-page definition would be universally accepted by scholars.
But in the streets, in the workplace, and in the courts of law, you need something more straightforward. When a grassroots civil society organization monitors racist incidents, when a union is asked to represent a colleague that has been the victim of racist bullying, when a lawyer prosecutes a racially aggravated crime, when an editorial assistant has to moderate an op-ed comment thread where temperatures have been raised—you might need some kind of working definition to rule the incident in or out. If all racists looked like booted boneheads or evil Nazis, these people would have an easy job.
A few principles have emerged from the anti-racist movement to help decide a case. Three are particularly relevant. First, the victims of racism should have at least some say in defining racism. This principle is reflected, for example, in British law. Following the racist murder and failure to prosecute the killers of Stephen Lawrence, a black teenager, in London, there was a thorough review of the case that profoundly changed how the criminal justice system in the United Kingdom addresses these issues, presided over by Sir William Macpherson of Cluny.
The ensuing Macpherson Report in 1999 recommended that a racist incident be defined as “any incident which is perceived to be racist by the victim or any other person,” and reported, recorded, and investigated as such. Of course, the offense taken by someone who sees him or herself as a victim can never be a sufficient criterion for ruling and convicting someone of a racially motivated or aggravated crime, but the victim’s voice should be heard and constitutes at least prima facie grounds for taking the allegation seriously. And this principle also means, for instance, that black people should have a role in defining anti-black racism, that Jews should have a role in defining anti-Semitism, and so on.
Second, racist intent is not necessary for a statement or action to be racist. Acting in good faith, believing oneself not to be racist, and being ignorant of what constitutes racism do not exempt us. In fact, anti-racists have long argued that racism is so pervasive that we are all often unconsciously racist. We are not aware of the implications of our words and actions, of the connotations they have, of the harm they might cause. The issue that matters, in other words, is racist deeds and words, not racist people. Combating racism does not require an inquisition into our souls; it requires attention to the impact of our actions. This principle is taken further in the concept of “institutional racism,” defined initially by Black Power activist Stokely Carmichael, whose words were drawn on in the Macpherson report, which defined it as the
collective failure of an organisation to provide an appropriate and professional service to people because of their colour, culture, or ethnic origin. It can be seen or detected in processes, attitudes and behaviour which amount to discrimination through unwitting prejudice, ignorance, thoughtlessness and racist stereotyping which disadvantage minority ethnic people.
The key word here is “unwitting”: it is not racist intent that matters, but the harm done. Saying “some of my best friends are black” doesn’t let you off the hook.
Third, context matters. A word might be racist in one context but not another. This principle is well established in British case law around racially aggravated crimes. For instance, in the case Director of Public Prosecutions v M 2004, the Divisional Court held that the phrase “‘bloody foreigners’ could, depending on the context, demonstrate hostility to a racial group.” This was cited in Rogers v Regina 2007, when one of the judges, Baroness Hale, said, “The context will illuminate what the conduct shows.” For example, the word “Zionist” means something very different in the name of the Zionist Federation than it would if a BNP member were to walk into a synagogue and shout, “Kill the Zionists.”
DEFINING ANTI-SEMITISM has become one of the most difficult instances of defining racism. This is partly because of the particularly strange mutation of anti-Semitism in recent years, including the emergence of what has contentiously been called “the new anti-Semitism.”
Far-right anti-Semitic movements increasingly borrow the language of anti-Zionism as a cover for their racism, and far-right anti-Semitic ideas have in turn increasingly gained traction among anti-Zionists. For example, anti-Zionists have taken up the old Christian anti-Semitic “blood libel” myth, while neo-Nazis have taken up ideas from the anti-Zionist movement, such as the idea of an all-powerful “Israel lobby.” So, while the British Chief Rabbi’s claim that we are experiencing a “tsunami of anti-Semitism” is almost certainly exaggerated, it is certainly the case that there has been a surge in the last decade.
This surge has mainly been seen in different sorts of places than where anti-Semitism has traditionally been encountered. In fact, it is often expressed by the intelligent, thoughtful, anti-racist academics who make up UCU’s rank and file.
In 2008, for example, a union activist circulated an anti-Semitic conspiracy theory taken from the website of the Ku Klux Klan’s David Duke to hundreds of union members on its activist list. When this was mentioned on a blog, rather than apologizing, she took the advice of a senior union member and threatened legal action, getting the blog closed down. To my knowledge, this activist was never censured within the union. (In contrast, leading campaigners against an academic boycott of Israel were excluded from the same email list for minor infringements of etiquette.) Several Jewish academics resigned in what they saw as the rise of a culture of institutional anti-Semitism.
The following year, a senior union member posted an article to a website circulating another anti-Semitic conspiracy theory, complaining that Jews are overrepresented in Parliament and that Tony Blair’s New Labour project is in thrall to Zionist money distributed by suspicious “shape-shifting” financiers. A couple of months later, a UCU branch secretary, speaking at a UCU congress fringe meeting, promoted yet another anti-Semitic conspiracy theory: lawyers ruling on union boycott policy have “bank balances from Lehman Brothers that can’t be tracked down.” Again, no censure from the union. The same year, UCU hosted South African trade unionist Bongani Masuku, allowing him to address UCU members on boycotting Israel, despite the fact that the South African Human Rights Commission (HRC) had found Masuku guilty of hate speech against Jews.
These incidents might suggest that there is a need for action and robust guidance on anti-Semitism within the union. Instead, the leadership has insisted on seeing all these instances as nothing other than legitimate criticisms of Israel. In 2006, the union executive published a formal statement denying that “criticism of the Israeli government is in itself anti-Semitic” and claiming that “defenders of the Israeli government’s actions have used a charge of anti-Semitism as a tactic in order to smother democratic debate, and in the context of Higher Education, to restrict academic freedom.” This was formalized as union policy at its 2007 congress, which resolved that “criticism of Israel cannot [emphasis added] be construed as anti-semitic”—a motion that seems to me to deny the obvious reality that some criticism of Israel is anti-Semitic. The following year, another policy passed, clarifying it: “Criticism of Israel or Israeli policy are [sic] not, as such, anti-semitic.” Again, the resolution did not acknowledge that some criticism of Israel is anti-Semitic.
By 2009, there had been so many resignations from the union because of this sort of thing that a motion was put to the congress noting the resignations and mandating that the national executive investigate the causes. This was rejected by a large majority.
When it was pointed out to UCU that its guest Bongani Masuku had been criticized by the HRC, rather than taking this institution and its findings seriously, the UCU dismissed this as “stuff doing the rounds on the internet”—shocking ignorance of post-apartheid South Africa for a union whose leaders regularly use the apartheid analogy to describe Israel, but also an a priori refusal to take racism against Jews as seriously as other racisms. A motion to UCU congress noting the HRC’s findings and disassociating congress from Masuku’s anti-Semitic views was formally rejected by an overwhelming show of hands. This near-unanimity in rejecting criticism of anti-Semitism led to a number of resignations from the union, from Jewish colleagues who took it as a sign that anti-Semitism was thoroughly institutionalized in it.
The culture in the UCU has been to dismiss in advance any criticism of racism against Jews, seeing it as merely a tactic to smother debate and criticism. While a handful of anti-Zionist Jews have applauded this, many academics from the Jewish community have felt increasingly isolated, their own understanding of racism not taken seriously, violating the principle that the victims of racism should have some voice in its definition. The a priori dismissal of allegations of anti-Semitism follows what David Hirsh has called “the Livingstone formulation”—the claim that allegations of anti-Semitism are made in bad faith to stifle debate. By alleging that Jews are merely crying anti-Semitism to stop people talking about Israel, the UCU leadership cries Israel to stop people talking about anti-Semitism.
WHICH BRINGS us up to the present, and the latest motion on anti-Semitism. This motion notes “with concern [that] the so-called ‘EUMC working definition of anti-Semitism,’ while not adopted by the EU or the UK government and having no official status,” is being used by student unions in relation to campus activities. It states a belief that “the EUMC definition confuses criticism of Israeli government policy and actions with genuine anti-Semitism, and is being used to silence debate about Israel and Palestine on campus.” Then it resolves that the union do three things: not make use of the definition (“e.g. in educating members or dealing with internal complaints”), disassociate itself from the definition in any public discussion on the matter in which the UCU is involved, and “campaign for an open debate on campus concerning Israel’s past history and current policy, while continuing to combat all forms of racial or religious discrimination.”
Every clause of the motion is deeply problematic. What is this “so-called” EUMC working definition? The EUMC was the European Monitoring Centre on Racism and Xenophobia, an agency of the European Union. It was itself preceded by the Commission on Racism and Xenophobia (CRX), established in 1994, known as the Kahn Commission. The CRX became the EUMC in 1998 with an official mandate from the European Commission. Among other things, the EUMC published one of the most important studies of Islamophobia in Europe, in 2002, summarizing several separate reports on specific aspects of Islamophobia from the member states of the EU. In 2007 the EUMC became the Fundamental Rights Agency (FRA). The FRA has continued the important work of the EUMC in documenting anti-Roma racism and homophobia across Europe.
It reports annually on discrimination and fundamental rights in the EU, and therefore reports on anti-Semitism and anti-Semitic incidents. It is only natural that it should seek a standard, usable, operational definition of anti-Semitism, just as its massive Islamophobia report set out a working definition of that form of racism. To this end, it published a one-page working definition in 2005. This has been adopted by the UK’s All-Party Parliamentary Enquiry into Anti-Semitism in 2006, by several branches of the National Union of Students (NUS), and more recently by the NUS itself.
The text defined anti-Semitism thus: “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 the fifth line, it continued: “In addition, such manifestations could also target the state of Israel, conceived as a Jewish collectivity.” Note, not “do” but “could,” and not Israel as such but Israel “conceived as a Jewish collectivity.” It proceeds to give examples of what anti-Semitic incidents might look like. These include stereotyping Jews, including the myth of a “world Jewish conspiracy or of Jews controlling the media,” as well as holding all Jews responsible for the actions of some Jews.
Then, it gives examples of how anti-Semitism might manifest itself with regard to Israel, which David Hirsh summarizes concisely:
It may, in some contexts, be anti-Semitic to accuse Jews of being more loyal to Israel than to their union; to say Israel is a racist endeavour; to apply double standards; to boycott Israelis but not others for the same violations; to say that Israeli policy is like Nazi policy; to hold Jews collectively responsible for the actions of Israel.
And here too there is a caveat in the working definition: these might be anti-Semitic, “taking into account the overall context.” In other words, talking about hidden Lehman Brothers bank accounts might be completely legitimate in the context of analyzing the subprime collapse, but not when talking about the politics of people who just happen to be Jews and have no connection to the bank, at a time when conspiracy theories about it are circulating on the Internet.
After the list of examples, the report insists, “However, criticism of Israel similar to that levelled at any other country cannot be regarded as anti-Semitic.” This sentence is important, and its existence refutes the second clause of the UCU motion, that “the EUMC definition confuses criticism of Israeli government policy and actions with genuine anti-Semitism, and is being used to silence debate about Israel and Palestine on campus.” Not only does the motion name no instances when this has happened (because it is highly unlikely any such instances have ever occurred), but the working definition itself explicitly avoids the claim that criticism of Israel “in itself” is to be regarded as anti-Semitic.
FOR ALL the reasons I’ve made clear in this article, any definition of any racism is bound to be imperfect, and the EUMC working definition is no exception. I would not want it to be included without amendment in employment law, and it wouldn’t be appropriate for it to be adopted by the UK government—and, indeed, I’ve not heard of any of the working definition’s advocates arguing it should be. (In fact, it would be bizarre if the British state did adopt it formally, as the government has affirmed that it includes anti-Semitism among the racisms covered by the Macpherson definition of a racist incident discussed above—an incident “perceived to be racist by the victim.” That definition is significantly broader than the EUMC’s.)
But the EUMC definition is a guide, a working definition, and this makes it useful in deciding when, for example, to take seriously and investigate an internal complaint. The working definition could never be used to definitively rule an incident in or out. Its uses of “could” and “context” make this clear. The specific context of an internal complaint would always have to be the determining factor. To resolve to make no use of the document in such circumstances is therefore ridiculous. Similarly, it might be useful in an education setting as a heuristic device for examining different manifestations of racism—also perversely ruled out by the motion.
For the union to disassociate itself from the working definition in any public discussion of anti-Semitism is beyond ridiculous. It means insisting that all of the organizations that do take the working definition seriously—the Community Security Trust (CST), which monitors anti-Semitism in the United Kingdom; the NUS; the Union of Jewish Students; the Fundamental Rights Agency; the Organization for Security and Co-operation in Europe—are dismissed in advance. It undermines their work on anti-Semitism, and it undermines their vital work on anti-Roma racism, Islamophobia, and other racisms.
In the workplace, as the CST’s director writes, this “will serve to (even) further alienate Jews from the union; and it will make it (even) harder for anti-Semitism to be raised there as a matter of concern....[I]t carries the implication that people who complain about anti-Semitism in any Israel-related context are likely to be a bunch of liars, dancing to a pre-ordained tune.”
As an academic who studies racism, I find it bizarre that my union cannot accept that there is even the faintest possibility that institutional racism might exist in our own ranks, even after a series of clearly documented incidents and a shocking number of resignations by Jewish members who perceive it as such. This motion, if passed, will in fact legitimate racism in the union and stop any allegation of anti-Semitism—in debates or in the workplace—from being taken seriously. That the motion will be tabled in a session entitled “Campaigning for equality” is ironic, but the irony tastes bitter indeed.
In memory of Dr. Gary A. Tobin.
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