AIJAC executive Director Dr Colin Rubenstein’s statement to the Senate Legal and Constitutional Affairs Legislation Committee’s public hearing on the Commission of Inquiry into Antisemitism at Australian Universities Bill 2024 (No. 2) 

September 20, 2024

(Note: The statement below was tabled at the Committee hearing. A somewhat shortened version of this statement was read out as oral evidence).

Thank you Chair.

AIJAC thanks the Committee for reviewing this bill, and urges it to recommend to the Senate that it be passed. AIJAC believes that the establishment of a commission of inquiry is not only timely but urgent, in light of the disturbing explosion of antisemitism across university campuses since October 7 last year. Jewish, Israeli, and Zionist students and staff have faced significant threats to their safety, as well as blatant obstruction of their fundamental right to fully engage in academic life.

There have been countless incidents of harassment, intimidation, and exclusion, with reports of individuals being aggressively screamed at, filmed without consent, followed, and physically barred from accessing parts of campuses by hostile protestors and encampments. Some Jewish staff have required security protection simply to carry out their professional duties.

Universities, in AIJAC’s view, have failed in their responsibility to provide a safe environment, tolerating hate speech and incitement without taking effective action. These failures underscore the urgent need for a commission of inquiry into antisemitism on Australian university campuses with the authority to subpoena witnesses, gather evidence, and take testimony in camera where necessary.

Current or proposed measures, such as the planned Human Rights Commission study into campus racism, are inadequate for addressing this particular crisis because they fail to recognise the unique and evolving nature of antisemitism. Antisemitism is not a static form of hatred; it continually adapts, with conspiracy theories and ancient tropes resurfacing in new forms. For centuries, Jews have been scapegoated and demonised—once accused of spreading disease and murdering Christian children, later cast as race polluters in post-WWI Europe, and today vilified as “Zionists” in relation to Israel, which has itself become the focus of these longstanding antisemitic conspiracies.

Overseas, inquiries have been conducted through investigations and task forces  at prominent institutions like Columbia and Stanford. These efforts have yielded robust recommendations for addressing the untenable circumstances faced by many Jewish individuals and Israelis within the university environment. I would urge the Committee to read through a summary of their conclusions and recommendations. Australia stands to benefit significantly from these findings and the valuable lessons they provide.

Both Columbia and Stanford documented instances of faculty misusing their authority to stigmatise and humiliate Jewish students. Many Jewish students, faculty, and staff reported that their complaints of misconduct were often dismissed by administrators, with some being directed to seek mental health counselling instead of receiving appropriate redress. Additionally, there was a concerning reluctance to establish clear rules of conduct or hold violators accountable. There are parallel examples at Australian universities.

Indicative of a troubling reality in which antisemitism is deemed normatively acceptable—has been the Australian university community’s apparent indifference to overt antisemitic acts. There is a widespread perception of institutional inaction or a lacklustre response to complaints raised by Jewish students, alumni, faculty, and staff regarding antisemitic incidents. The consequence of this perception is that many in both the Australian Jewish community and among those who seek to intimidate Jews on campus interpreted the universities’ failure to respond decisively as an indication that antisemitism is tolerated within the bounds of acceptable behaviour.

No Australian university has undertaken a comprehensive investigation into antisemitism on campus in the way that Columbia and Stanford Universities did. That said, a Senate commission of inquiry, endowed with the proper authority and investigative powers, would far surpass the fragmented and inadequate efforts individual universities might undertake, even if they were willing to do so. Only a commission of inquiry with the power to compel witnesses can address the scale and complexity of the crisis we are confronting.

The goals of the commission of inquiry should be threefold:

1. To provide a comprehensive account of the state of antisemitism on university campuses.
2. To rigorously assess the actions—or inactions—of university administrations to determine whether they have fulfilled their duty of care to staff and students, and their legal and moral responsibilities in addressing antisemitism.
3. To conduct a thorough review of the regulatory framework governing universities in relation to antisemitism and other forms of intolerance, and to determine if immediate reforms are necessary to ensure compliance with the obligations identified in the previous objective.

Columbia’s task force concluded that “the surge in violent antisemitic and xenophobic rhetoric that shook our campus this past academic year has revealed that the consensus around our norms and values no longer exists, and that the rules and procedures we thought we were operating under are not working or are insufficient to address our current problems.”

This recognition – that the current rules and procedures are inadequate to confront the current situation – is as true in Australia as it is in the US, and necessitates an immediate and thorough review and overhaul to ensure they effectively address the crisis at hand. The inquiries conducted in the United States have produced several vital recommendations that Australian universities must seriously consider adopting.

AIJAC emphatically urges the Committee to fully support and endorse the bill to establish a Commission of Inquiry into Antisemitism at Australian university campuses. Such an inquiry is not just important—it is indispensable for addressing the escalating antisemitism crisis gripping our nation. The commission of inquiry is crucial to safeguarding the rights and safety of a minority group under sustained threat, and equally vital for preserving the integrity of Australia’s higher education system, as well as our standing as a multicultural democracy committed to protecting all its citizens.

Thank you for your time, and I look forward to answering any questions the Committee might have.