COUNCIL OF EUROPE "DEEPLY CONCERNED" WITH ANTI-SEMITISM

ECRI passed a resolution stating the following:

"(…) Taking note of the conclusions of the OSCE Conferences on Anti-Semitism 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 anti-Semitism, 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, anti-Semitism 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, anti-Semitism and intolerance is rooted in and forms part of the protection and promotion of human rights;

Profoundly convinced that combating anti-Semitism, while requiring actions taking into account its specificities, is an integral and intrinsic component of the fight against racism;

Stressing that anti-Semitism has persisted for centuries across Europe;

Observing the current increase of anti-Semitism in many European countries, and stressing that this increase is also characterised by new manifestations of anti-Semitism;

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 anti-Semitism;

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 anti-Semitism;

Noting that in a number of countries, anti-Semitism, 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 anti-Semitism 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 anti-Semitism;

Recommends that the governments of the member States:
- give a high priority to the fight against anti-Semitism, taking all necessary measures to combat all of its manifestations, regardless of their origin;

- ensure that actions aimed at countering anti-Semitism are consistently given their due place amongst actions aimed at countering racism;

- ensure that the fight against anti-Semitism 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 anti-Semitism 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 anti-Semitic motivation;

- ensure that criminal law in the field of combating racism covers anti-Semitism and penalises the following anti-Semitic 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 anti-Semitic 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 anti-Semitic 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 anti-Semitic 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 anti-Semitic aim, of Jewish property and monuments;

i. the creation or the leadership of a group which promotes anti-Semitism; 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 anti-Semitic 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 anti-Semitism, including political parties;

- ensure that the law provides for the possibility of disbanding organisations that promote anti-Semitism;

- take the appropriate measures to ensure that legislation aimed at preventing and sanctioning anti-Semitism 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 anti-Semitic crimes and how such acts can be effectively prosecuted;

- take steps to encourage victims of anti-Semitic acts to come forward with complaints of anti-Semitic 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, anti-Semitism and intolerance at national level, and ensure that the actions carried out by this organ cover all forms of anti-Semitism;

- introduce anti-racist education into the school curriculum at all levels and in an integrated manner, including content that builds awareness about anti-Semitism, 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 anti-Semitic 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 anti-Semitism, 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 anti-Semitic stereotypes and prejudices;

- support and encourage research projects and independent monitoring of manifestations of anti-Semitism;

- support the activities of non-governmental organisations, which play an important role in fighting anti-Semitism, 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 fuelling anti-Semitism, 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 anti-Semitism, regularly speaking out against its various manifestations, including all its contemporary forms, and making clear that anti-Semitism will not be tolerated. "


ECRI was set up following a decision of the 1st Summit of Heads of State and Government of the member States of the Council of Europe, held in Vienna in October 1993, and strengthened by a decision of the 2nd Summit held in Strasbourg in October 1997. ECRI’s task is to combat racism, xenophobia, anti-Semitism and intolerance at the level of greater Europe and from the perspective of the protection of human rights.

The Council of Europe is the continent's oldest political organisation, founded in 1949. It: groups together 45 countries, including 21 countries from Central and Eastern Europe and has granted observer status to 5 more countries (the Holy See, the United States, Canada, Japan and Mexico). The COE is distinct from the 25-nation European Union, but no country has ever joined the Union without first belonging to the Council of Europe.

Headquartered in Strasbourg, in north-eastern France, the COE was set up to defend human rights, parliamentary democracy and the rule of law, develop continent-wide agreements to standardise member countries' social and legal practices, promote awareness of a European identity based on shared values and cutting across different cultures.

Since 1989, its main job has become acting as a political anchor and human rights watchdog for Europe's post-communist democracies, assisting the countries of central and eastern Europe in carrying out and consolidating political, legal and constitutional reform in parallel with economic reform and providing know-how in areas such as human rights, local democracy, education, culture and the environment.