Commissioner calls for Jewish community testimony

Royal Commissioner Virginia Bell has called on Jewish Australians to share their experiences of antisemitism as the Royal Commission into Antisemitism and Social Cohesion held its opening hearing on Tuesday.

Bell said she was “interested in hearing from Jewish Australians who’ve experienced antisemitism, whether at school or at university or in the workplace or elsewhere” and that submissions could be made through the commission’s website.

“Making a submission does not commit a person to giving evidence in public, and no person will be pressured to do so,” Bell said.

“But I am confident that there will be members of the Jewish community who are willing to give evidence in public about their experiences of antisemitism, and that their accounts may be illustrative of wider patterns.”

Bell said the commission would seek to assess the impact of antisemitism on the daily life of Jewish Australians as an important aspect of its first term of reference.

She addressed the commission’s use of the International Holocaust Remembrance Alliance (IHRA) working definition of antisemitism, saying the definition itself was uncontroversial but acknowledging that at least two of its 11 examples had “led some critics to argue that the IHRA working definition wrongly labels as antisemitic the expression of political views which do not reflect a hatred of Jews”.

“While I’m open to receiving submissions on the issue, my current view is that these concerns pay insufficient regard to the terms of the definition itself, and they’re apt to overlook the requirement to take account of the overall context in which conduct occurs before making any determination that the conduct is antisemitic,” Bell said.

She emphasised that “it is uncontroversial that criticism of the policies that may be pursued by the Government of Israel from time to time is not of itself antisemitic”.

The commission will not lead evidence directly related to the Bondi Beach terror attack itself to avoid prejudicing the criminal trial of accused Naveed Akram, who faces terrorism charges, 15 counts of murder and 40 counts of attempted murder.

“One might expect that a Royal Commission set up to inquire into an attack would lead evidence of it: of the heroism of those who sought to confront the shooters, and of those who ran towards the gunfire, to offer medical assistance to the wounded,” Bell said.

“Leading evidence from people who may be witnesses in the criminal proceeding would create that risk, and for that reason, it will not occur.”

Bell is required under the commission’s terms of reference to “examine the circumstances surrounding the antisemitic Bondi terrorist attack”, but said the trial would be “the occasion to lead evidence of the attack”.

She said tackling antisemitism would be a “starting point” for addressing social cohesion more broadly.

“I’m mindful that while antisemitism may be the oldest religious and ethnic prejudice, other religions and ethnicities are also subject to prejudice in Australia,” Bell said.

“I expect that social cohesion will be advanced by measures that address discrimination against religious faiths, ethnicities and cultures generally, nonetheless against the background of the massacre of innocent people who appear to have been targeted simply because they were Jewish.”

Bell said she regarded the delivery of her report on or before the first anniversary of the attack as “a matter of critical importance”.

“Anniversaries are important. The first anniversary for those directly affected by it and for the broader Jewish and Bondi communities, is going to be a difficult time,” she said.

“I acknowledge that for some it will never be right to speak of closure, but one small part of coming to terms with the events of that evening will be the work of this commission.”

Senior Counsel Assisting Richard Lancaster outlined four broad topics on which the commission proposed to lead evidence: identifying antisemitic conduct in its various forms, including hearing from Jewish Australians about their lived experiences; inquiring into the drivers of antisemitism including ideologically and religiously motivated extremism and online radicalisation; identifying what law enforcement and security agencies have been doing to tackle antisemitic conduct; and inquiring into the circumstances leading up to and surrounding the December 14 attack, subject to not prejudicing the criminal proceeding.

Lancaster said the commission had already issued dozens of notices to produce documents to Commonwealth and state agencies and various other organisations, with more to be issued.

He said the commission would hear oral evidence from witnesses in person, including expert evidence, and would lead evidence from relevant persons by way of witness statements.

The commission has set a deadline of March 13 for submissions on matters requiring urgent or immediate action for inclusion in the interim report due on April 30. The commission will continue to receive other submissions in April and May.

Commenting on the hearing, Executive Council of Australian Jewry (ECAJ) president Daniel Aghion told The AJN, “In her opening remarks, Commissioner Bell said that she would focus on antisemitism, that she would move quickly and keep to the timetable, and that she would adopt IHRA.

“There is a real sense that the Commissioner will properly consider the issues that the Jewish community wants and needs the commission to address. Furthermore, the Commissioner will not be distracted by those who seek to divert the commission into something that it is not.”

The Australian reported that Bell met Jewish community leaders on February 12 to discuss the inquiry’s structure. Bell has also invited survivors, bereaved families and affected community members to an informal meeting at Bondi Beach this week, followed by a site tour.

ECAJ on Tuesday announced in a joint statement with the Zionist Federation of Australia (ZFA), National Council of Jewish Women of Australia (NCJWA), NSW Jewish Board of Deputies (JBD), Jewish Community Council of Victoria (JCCV), Australia/Israel & Jewish Affairs Council (AIJAC) and the Dor Foundation that the organisations had appointed Arnold Bloch Leibler (ABL) to represent them at the Royal Commission.

The firm will work on a pro-bono basis.

“Antisemitism is not an abstract issue. It affects Jewish families, schools, places of worship and community life,” they said.

“Jewish Australians seek the same freedom and security that every Australian expects … to live freely and openly as Jews in Australia.

“The work of the Royal Commission is important not only for Jewish Australians but for the strength, safety, cohesion and unity of our nation as a whole.”

Share your experience: asc.royalcommission.gov.au/share-your-story/submissions