July 31, 2013: Israeli civil rights group, Shurat HaDin, has filed a class action complaint under the Racial Discrimination Act 1975 with the Australian Human Rights Commission over a Associate Professor Jake Lynch's participation and public support of boycotts of Israel including an academic boycott of Israeli universities.
Recently, faculty and students at Sydney University called for the severing of links with Israeli institutions, actions that would be deemed racist and in violation of Australian Federal anti-discrimination laws.
The complaint filed by Shurat HaDin's Australian solicitor Alexander Hamilton is the first time that a Racial Discrimination Act action has been launched in Australia against those promoting boycotts, sanctions and divestment (BDS) against the Jewish State. It is the first time that Australia's anti-racism laws have been utilized against those seeking to harm Israeli academics or businesses because of their national origin.
In its letter sent to the Australian commission, Shurat HaDin pointed out that the Federal Racial Discrimination Act of 1975 made it unlawful for anyone "to do any act involving a distinction, exclusion…or preference based on race…or national or ethnic origin which has the purpose…of nullifying or impairing…fundamental freedom in the…economic, social, cultural or any other field of public life."
The Shurat HaDin complaint also noted that any boycott of Israeli “settlement products,” such as SodaStream and Ahava, harms Palestinian economic interests due to the fact the factories employ many Palestinian workers and provide an important source of income for local families and villages.
This past semester, the university's student body endorsed Associate Professor Jake Lynch's academic boycott of Israel. Lynch had publicly announced his refusal to work with Dan Avnon, an Israeli professor from the prestigious Hebrew University in Jerusalem, which promotes Israeli-Arab coexistence, and also called for a boycott of Technion University in Haifa.
Last month, Lynch refused to heed the Tel Aviv-based rights group's warning that he must cease participation in unlawful, and racist, boycott activity. Although widely condemned by mainstream politicians and community figures, Lynch has also been publically supported by notorious Holocaust denier Fredrick Toben.
The European Union's Working Definition of Antisemitism includes the following:
"...Examples of the ways in which antisemitism manifests itself with regard to the State of Israel taking into account the overall context could include:
· Denying the Jewish people their right to self-determination, e.g., by claiming that the existence of a State of Israel is a racist endeavor.
· Applying double standards by requiring of it a behavior not expected or demanded of any other democratic nation.
· Using the symbols and images associated with classic antisemitism (e.g., claims of Jews killing Jesus or blood libel) to characterize Israel or Israelis.
· Drawing comparisons of contemporary Israeli policy to that of the Nazis.
· Holding Jews collectively responsible for actions of the state of Israel...."
An EU conference on antisemitism also inspired famous Soviet dissident and then-Israeli-Government Minister, Natan Sharansky to devise his "3D Test" to distinguish antisemitism from legitimate criticism of Israel. The BDS movement fails that test on all three counts.
Furthermore, the BDS movement has been recognized as anti-Semitic by leading authorities such as the Anti-Defamation League in the United States, and in a report recently released by the Simon Wiesenthal Center.
According to solicitor Andrew Hamilton:
"The BDS movement is racist by its own definition because it seeks to discriminate and impose adverse preference based on Israeli national origin and Jewish racial and ethnic origin of people and organisations. It does nothing to help Palestinians and indeed harms them. It is merely an excuse for the vilest public anti-semitic campaign the western world has seen since the Holocaust."
According to Shurat Hadin director Nitsana Darshan-Leitner:
"Lynch and his ilk seek to boycott Israeli and Jewish national products, whether its goods, services, performers or professors. By singling out Israel and no other country the BDS extremists expose the anti-Semitism that motivates them. We are hopeful that this historic proceeding against the BDS movement will serve as a model for battling it in other jurisdictions worldwide."
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