A new Amnesty International report on the Austrian authorities’ crackdown on protest exposes a global, systematic pattern of suppressing Palestinian solidarity and fight for justice.
The report reveals that measures against those expressing solidarity with Palestinians during Israel’s ongoing genocide in Gaza have created a chilling effect on freedom of expression and peaceful assembly.
Similar restrictions are emerging worldwide. Following the introduction of a series of laws in jurisdictions across Australia, Amnesty International Australia warns of growing global restrictions on the right to protest. In Austria, authorities have introduced laws restricting freedom of expression, including banning chants such as “from the river to the sea,” and limiting locations where protests can be held.
Targeted restrictions like these, seen across Australia, the UK, and Europe, pose a serious threat to fundamental civil and political freedoms.
“The crackdown by states against peaceful protest reflect discriminatory and systematic targeting.”
Mohamed Duar, Amnesty International Australia’s Occupied Palestinian Territory Spokesperson
“Millions around the world have come together to demand an end to Israel’s genocide, apartheid and occupation, and called for justice for Palestinians. The crackdown by states against peaceful protest reflect discriminatory and systematic targeting. Governments must recognise that criticism of Israel’s war crimes, activism against genocide and protests in support of human rights cannot be conflated with antisemitism, hate, or racist violence,” said Mohamed Duar, Amnesty International Australia’s Occupied Palestinian Territory Spokesperson said.
Under international human rights law, any restrictions on freedom of expression and assembly must be proportionate and necessary. Speech can only be prohibited if it meets a high threshold, such as incitement to discrimination, hostility, or violence. Excessive or disproportionate force against peaceful protestors must be independently investigated, and those responsible held accountable.
“Sweeping measures and crackdowns on protest risk the unlawful use of force and brutality against those exercising their fundamental rights as they demand justice,” said Mohamed Duar.
Crackdown on protest
The report titled ‘Freedom of expression is highly selective’: Austria limits expressions of solidarity with Palestinians identifies multiple factors – including undue restrictions on expression, and fear caused by broad allegations of antisemitism against the backdrop of racism, including Islamophobia – that have combined to negatively impact the freedom of expression in Austria for Palestinian solidarity among activists, NGOs, academic institutions and beyond.
Since the start of Israel’s ongoing genocide against Palestinians in Gaza, people in Austria who peacefully protested against the genocide have faced multiple challenges and serious restrictions on their rights to freedom of expression and peaceful assembly.
For instance, the authorities have imposed unlawful restrictions on the right to peaceful assembly in connection with the widely used chant ‘From the river to the sea, Palestine will be free’, and police authorities prohibited at least seven assemblies in Vienna on the grounds that this chant was likely to be used. Furthermore, the chant is subject to a non-public decree issued by the Ministry of Justice.
According to the ministry, use of the chant is enough to warrant an initial suspicion of “approval of terrorist offences” and anyone using it could be liable for investigation. Although the chant is used by different groups and has various meanings, the National Strategy against Antisemitism equates the chant with the call to deny the existence of the State of Israel.
Over several years, there have been a number of non-binding resolutions passed by the Austrian National Council, as well as the city councils of Vienna and Graz, against the Boycott, Divestment and Sanctions (BDS) movement, some of which have labelled it as antisemitic. However, the European Court of Human Rights has found that a call for a boycott is protected under the right to freedom of expression.
Although not legally binding, these resolutions are supported by all political parties in parliament and are widely interpreted as authoritative guidance. By labelling BDS antisemitic, the resolutions have negatively impacted the right to freedom of expression, as activists and civil society organizations told Amnesty International that they fear court proceedings, smear campaigns or loss of state funding if they express their support for the BDS movement.
The instrumentalization of the IHRA working definition of antisemitism
The International Holocaust Remembrance Alliance Working Definition of Antisemitism (IHRA WDA) is not consistent with international human rights law and has been used to restrict legitimate criticism of Israeli government violations of Palestinians’ rights.
The IHRA WDA has been criticised by UN experts, academics and civil society groups, including Amnesty International, for not being consistent with international human rights law. Amongst other concerns, reliance on the IHRA WDA conflates legitimate criticism of Israel with antisemitism. The adoption of this definition risks creating a chilling effect and suppressing freedom of expression and peaceful assembly. There is a danger that it also limits Austria’s policies and efforts to combat antisemitism within the country.
Although the definition is not legally binding in Austria, it has a significant influence on policy and practice. It is, for example, the applicable understanding of antisemitism in several governmental documents, including policies to address antisemitism in the country.
Seven of the people interviewed by Amnesty International, including Jewish activists, explicitly identified Austria’s adoption of the IHRA WDA as part of the reason why expressions of solidarity with Palestinians were limited.
“The fight against antisemitism is essential and must be in line with international human rights law. Only then can there be a shared understanding of the problem, its causes, and effective measures to eliminate it. If not, we risk replacing discrimination against one group with discrimination against another, and fuelling hatred instead of addressing it,” said Shoura Hashemi.
Shrinking space for expression of solidarity with Palestinians
The report highlights a shrinking space for expression of solidarity with Palestinians among civil society organizations and academics. Two civil society organizations told Amnesty International that they feared losing state funding if they spoke out against human rights violations committed by Israeli authorities against Palestinians. There have also been several cases of politicians publicly questioning the eligibility of NGOs for state funding as a result of positions that they have taken.
“Austrian authorities must respect and protect the right to advocate for BDS as legitimate forms of political expression,”
Shoura Hashemi, Executive Director of Amnesty International Austria
“Austrian authorities must adopt a national action plan against racism and end the dissemination of the IHRA WDA through policies and practices. The decree regulating the ‘From the river to the sea’ chant must be repealed and any restrictions on the right to freedom of expression must comply with international human rights law. Austrian authorities must respect and protect the right to advocate for BDS as legitimate forms of political expression,” said Shoura Hashemi.
Background
In April 2023, Amnesty International was one of more than 100 organizations calling on the United Nations not to endorse or adopt the IHRA WDA.
Amnesty International is a global movement of more than 10 million people who take injustice personally. We are campaigning for a world where human rights are enjoyed by all – and we can only do it with your support.
Act now or learn more about our human rights campaigns.
