The European Commission against Racism and Intolerance, aka ECRI, adopted an “Opinion on the Working Definition of Anti-Semitism of the International Holocaust Remembrance Alliance (IHRA)” at its 84th plenary session on December 2. The full text is available here.

IHRA’s working definition begins:

“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.”

ECRI noted while many states have adopted the working definition, there are problems applying it legally because of the vagueness of some of the language, and said there are concerns because criticism of the State of Israel might be equated with anti-Semitism in a future redaction. There is also no academic consensus on a definition, the document said.

The ECRI Opinion also said IHRA’s working definition was based largely on work performed earlier by the EU:

“In 2004, the European Monitoring Centre on Racism and Xenophobia (EUMC, the predecessor of the EU Fundamental Rights Agency – FRA) encountered problems in accurately compiling data on anti-Semitic incidents due to the complete or partial absence of official state monitoring in this area. Guidelines for recording such incidents were often ambiguous if they existed at all, which led to under-reporting by police and other relevant authorities. Combating the growing problem of anti-Semitism in Europe was thus severely hindered by the absence of an operational definition which could adequately describe traditional forms of anti-Semitism, with their origins in racial, religious, economic, and extremist political theories, as well as various contemporary forms of antisemitism expressed as demonization of Israel as a Jewish state but which masqueraded as mere anti-Zionism. In order to remedy the situation, the EUMC commissioned a working definition, which was agreed with representatives of Jewish organizations and the Organization for Security and Cooperation in Europe (OSCE). This working definition was not designed to be legislated, but to provide operational guidance to relevant public authorities. The EUMC working definition provided the basis for further work in this area, although it was not finally adopted due to the fact that neither the EUMC, nor its successor FRA, were standard-setting bodies but research agencies advising the Commission of the European Union.”

IHRA held three weeks of video-conferencing spanning from November to December this year and ending last week. These discussions included Lithuanian Jewish Community chairwoman Faina Kukliansky, who is a member of IHRA’s Anti-Semitism and Holocaust Denial Committee.

The Council of the European Union issued a declaration on fighting anti-Semitism on December 2 as well, “mainstreaming the fight against anti-Semitism across policy areas”:

“With this declaration the Council emphasizes that the fight against anti-Semitism is a cross-cutting issue involving various levels of government and policies at local, national and European levels. Awareness of anti-Semitism therefore needs to be raised across policy areas and responsibilities. The EU member states have agreed to mainstream the prevention and countering of antisemitism in all its forms.”

Felix Klein, Federal Government Commissioner for Jewish Life in Germany and the Fight against Anti-Semitism, said: “Anti-Semitism is an EU-wide phenomenon. To counter it effectively, we need an appropriate set of European instruments and a sufficient basis. This is precisely the approach taken by the declaration, which I greatly welcome. In my view, tackling anti-Semitism as a comprehensive and networked task extending across policy areas and levels of government is a real milestone.”

The Council of the European Union furthermore “expresses its concern at the increase in threats to Jewish people in Europe, and the resurgence of conspiracy myths, especially in the context of the COVID-19 pandemic, as well as the increase in anti-Semitic incidents and hate crime.

“It stresses that anti-Semitism has developed into various forms and must be combated with complementary public policies. Illegal hate speech and online terrorist content must be removed promptly and consistently by internet service providers. A strong and systematic judicial response to anti-Semitic acts is also necessary.

“Education about the Holocaust, anti-Semitism and Jewish life remains one of the most important tools in preventing anti-Semitic prejudices. Sharing good practices to foster media literacy and awareness of conspiracy myths is also key.

“The member states also welcome the European Commission’s decision to make the fight against anti-Semitism a priority, as well as the strengthening of the institutional basis for the coordinator on combating anti-Semitism and fostering Jewish life,” the Council of the European Union reported here.