The following is based on a communication written by the UN Special Rapporteur on Human Rights Defenders and other UN experts to the Government of the United States of America and to Columbia University on 10 May 2024. The communication remained confidential for 60 days before being made public, giving the Government and other actors time to reply. The Government replied on 16 July 2024. If other replies are received they will be posted on the UN Special Procedures communications database.
This is a shorter version of the original communication.
BACKGROUND
Topic: the dispersal of peaceful protests against the war in Gaza and universities’ ties with companies implicated in alleged war crimes and the arrests of peaceful student protesters at various University campuses in the United States, including Columbia University, New York University in Manhattan, Yale University, University of Southern California, Emerson College, in Boston Massachusetts, Washington University in St. Louis, Texas University in Austin, among others.
ALLEGATIONS
Since 7 October 2023, a number of protests have taken place in various University campuses across the United States.
On 17 April 2024, more than 100 individuals gathered and set up a protest encampment in the center of Columbia University’s campus, building tents on the campus lawn in New York City. The student protesters called on the university to divest from companies with ties to Israel, owing to the gross human rights violations committed in Gaza.
In response, the University administrators reportedly requested the assistance of the police, specifically the New York Police Department (NYPD), to remove the protesters, arguing that the encampment was raising “safety concerns [and] pose[d] a clear and present danger to the substantial functioning of the University”.
On 18 April 2024, Columbia University suspended en masse–and without following due process procedures–students who were present at the peaceful protest. In response to the University’s call[1] to the New York Police Department to remove the protestors, the NYPD conducted a raid and proceeded to arrest at least 108 students, including human rights defenders. Students who were arrested had their hands placed in zip ties, and none appear to have resisted the arrests. NYPD stated that protesters were “peaceful, offered no resistance whatsoever, and were saying what they wanted to say in a peaceful manner.”[2]
Reports indicate that all arrested students have been released from custody later that same day. It is reported that those facing criminal charges had their cases dropped, while the others are facing summons, which are non-criminal violations, though they may have severe consequences, including impact on the students’ immigration status. In addition, some students lost their university accommodation and only regained it once lawyers filed complaints.
It is reported that these measures took place only a few days after the President of the University had been called to testify to Congress and put under considerable pressure by political and other actors about “rising antisemitism” at Columbia University. This was the second hearing that the U.S. House Committee on Education & the Workforce held. The first was on 5 December 2023 on “Holding campus leaders accountable and confronting antisemitism”, where presidents of Harvard University, University of Pennsylvania, and the Massachusetts Institute of Technology were called to testify. Two of three individuals subsequently resigned, at least partly as a consequence of allegations made against them at the hearing.
It is also reported that this is the first time that the NYPD has been allowed on campus of Columbia University since the 1968 protests against the Vietnam war.
Further, more and more universities threaten those of their students that are participating in the protests with suspension, which may entail the loss of university-based housing, and for foreign students may entail the loss of immigration status. For example, on 6 May, the management of both Harvard University and the Massachusetts Institute of Technology warned student protesters of the risk of disciplinary measures including suspension, which may entail the loss of university housing.
CONCERNS
In the communication, we express our most serious concern at the restrictions imposed on peaceful protests by students expressing solidarity with the Palestinian victims of the ongoing conflict in Gaza and opposing what they deemed to be the University’s support of Israeli policies and its relationships with companies having ties to Israel or profiting from the conflict or the occupation of Palestine. In particular, we are concerned by the dispersal of peaceful protests and by reports of violent arrests of peaceful protesters, which risks creating a chilling effect on diverse views. We are troubled by allegations that these developments reflect a deliberate effort to restrict dissenting and critical voices regarding the United States and Israeli Governments and University policies regarding Israel. If confirmed, this would be in violation of the American Government’s obligations to respect and protect under international human rights law, in particular articles 9, 19 and 21 of the International Covenant on Civil and Political Rights (ICCPR).
We would like to express our deep concern about the actions taken by the police and the university authorities in relation to the protest, which appear to violate the right of the students to peaceful assembly. We note that the NYPD stated that protesters were “peaceful, offered no resistance whatsoever, and were saying what they wanted to say in a peaceful manner.”[3] Hence, the dispersal of the protest seems to be lacking legal justification under article 21 of the ICCPR. We would also like to respectfully remind the American Government that peaceful assemblies may only be dispersed in exceptional cases. Even on a private campus, freedom of peaceful assembly must be respected, and the limits established must be content-neutral, reasonable, necessary and proportionate, leaving in all cases ample available room to protest for students, professors and other members of the academic community. In this context, we refer the Government of the United States of America to joint statements[4] issued by various UN experts calling on States to ensure that peaceful protests and rights movements are facilitated rather than restricted or criminalised for advocating on human rights and international criminal accountability.
We are concerned by the potential for further arbitrary arrests, suspensions and other sanctions in the coming days, which could further lead to loss of housing and immigration status. We remind the Government that the State has a responsibility to protect peaceful protesters, and to ensure that there is an enabling environment for protesters to assemble safely.
The State also has a responsibility to respect and protect academic freedom, including the autonomy of academic institutions by virtue of their special role in society, which is underpinned by a range of human rights, including the rights to freedom of opinion, expression, association and peaceful assembly. In this context, we would like to express our deep concern at the political pressure exerted on university administrators and academics to take certain positions and actions regarding the student protests on campuses on the situation in Gaza. We fear that such pressure and public attacks on scholars and institutions can result in repression of free expression and in self-censorship, thus damaging academic freedom and the autonomy of universities. In addition, as noted by the former Special Rapporteur on freedom of opinion and expression, “external interference in the selection, appointment and dismissal of leadership and professors in academic institutions ultimately constitutes a restriction on academic freedom often based on grounds that are neither academic nor rooted in article 19 (3).” In addition, “the willingness of universities to submit to public pressure can erode academic freedom and freedom of expression” (See A/HRC/75/261, paras. 39 and 41). Finally, we wish to underscore that the right to express views on a campus inside or outside of class is at the heart of academic freedom, which is a key part of the right to education.
We strongly denounce anti-Semitism as a most serious form of racial hatred and intolerance, and underline that any advocacy of national, racial or religious hatred that constitutes incitement to discrimination, hostility or violence must be prohibited by law in accordance with article 20(2) of the International Covenant on Civil and Political Rights. The Government and the University administration must act firmly against all forms of racial and religious harassment, including antisemitism and Islamophobia. However, we are disturbed by the vague and overly broad use of the term “antisemitism” to label, denounce and repress peaceful protests and other forms of expression of solidarity with Palestinians victims, calls for a ceasefire in Gaza or the legitimate criticism of the Government of Israel’s policies and practices, including its conduct of the conflict in Gaza and allegations of genocide. We stress firmly that any restriction of freedom of expression must meet the conditions of legality, necessity and proportionality set out in articles 19(3) and article 20 of the International Covenant of Civil and Political Rights. Furthermore, all accusations and concerns of rising antisemitism on Columbia and other University campuses must be grounded in concrete, factual evidence and properly investigated with due process guarantees, with the objective of protecting all students from hate speech while upholding the right to freedom of expression in accordance with international human rights standards.
We urge the Government to uphold the fundamental right to freedom of expression, recognized by the United States in its Constitution, and the right to peaceful assembly, thus ensuring a free and safe environment for all those peacefully protesting against the conflict in Gaza and/or for the rights of Palestinian people. We encourage the Government of the United States to ensure that Federal and State authorities and public and private academic institutions “adopt and enforce policies that ensure the protection of the free expression rights of the members of their communities, resisting official or social pressure and promising human rights compliance institutionally.” (A/HRC/75/261, para. 12).
[1] https://publicsafety.columbia.edu/content/letter-nypd
[2] https://twitter.com/NYPDnews/status/1781083770306879710
[3] https://twitter.com/NYPDnews/status/1781083770306879710
[4] https://www.ohchr.org/en/statements/2024/02/israelopt-enabling-human-rights-defenders-and-peaceful-protests-vital-achieving and https://www.ohchr.org/en/press-releases/2023/11/speaking-out-gaza-israel-must-be-allowed-un-experts
