Greetings to you from Adalah!
The new academic year is starting next month, October, in Israel, and in anticipation of the fall semester, Adalah is thinking about Palestinian students’ rights to protest on campus.
Oftentimes, Israeli universities prohibit or greatly restrict protest by Arab students and student associations, alleging for example, that events to mark Palestinian Prisoners’ Day (15 April) or Nakba Day (15 May), a national day of mourning for Palestinians, or demonstrations against the killings of Palestinians in Gaza by Israeli military forces would “pose a threat to public safety.” Sometimes the universities try to pass the costs of security for the protests onto the students seeking to impose, what Adalah sees, as an illegal tax and burden on freedom of expression. Adalah represents numerous students and student organizations before the university disciplinary committees to cancel charges, uphold fair hearing/due process rules, and promote freedom of expression/opinion/assembly on campus.
Adalah recently successfully represented two students, Mr. Tariq Taha and Mr. Yousef Taha from the Jafra Student Assembly Movement, after Tel Aviv University (TAU) decided to refer them to the disciplinary committee for protesting, together with other students, against the participation of an Egyptian lecturer in a conference held on campus. The student protestors considered this lecture to be an act of normalization with Israel.
In her arguments before the disciplinary committee, Adalah Attorney Soheir Asaad contended that, “The allegations made against the students do not constitute an offense, but rather political activity undertaken by the students during a public conference, and falls within their freedoms to political expression and protest.”
Adalah emphasized at the hearing that, “Public law applies to the university as a public institution, and therefore also the principles of constitutional law, including basic rights and freedom of expression in particular. Hence the university’s disciplinary rules must be interpreted in manner that upholds the students’ rights.”
On this basis, Attorney Asaad demanded that the claims made against the students should be withdrawn.
After the hearing and submission of written arguments in May 2018, the committee gave the university ten days in which to respond. The university did not respond, and on 4 June 2018, the university withdrew its disciplinary claims against the students as a purported goodwill gesture for the holy month of Ramadan. The university, in parallel, also issued an extra-procedural warning to the students outside the framework of the disciplinary committee "for the purpose of deterring potential similar future incidents."
On 1 July 2018, the disciplinary committee issued a decision accepting the university's request to withdraw its claims against the students but nevertheless emphasized that the extra-procedural warning had no legal or disciplinary significance. The committee further noted that the withdrawal of the claims against the students should not be understood as a disciplinary measure – suspended or otherwise – so that it not have a chilling effect on the right to freedom of speech at the university.
Adalah will hold its annual Palestinian Law Students’ conference from 20-22 September 2018, and will seek to raise awareness among the participants about their rights (and duty!) to protest on campus.
We greatly appreciate your continued support to Protect the Protest, and we would be very grateful if you would share this report with your friends and family to encourage contributions to our work.
In solidarity and with thanks,
Rina Rosenberg (Jabareen)
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