UKLFI: Supporting Israel with legal skills

Barbican’s Palestinian event may breach its charitable objects and equality law

The Barbican is staging a Palestinian event describing “signs of genocide” in Gaza, which may breach charity and equality law.

UK Lawyers for Israel (UKLFI) has written to the CEO and Chair of the Board of Trustees of the Barbican Centre, regarding a forthcoming show at the Barbican called “Voices of Resilience”. It is described as “a performance of testimonies from people experiencing what Amnesty International has called ‘alarming signs of genocide’.”

UKLFI has been approached by members of the public who are concerned that this performance will be promoting a political viewpoint, and talking about a so-called “genocide” in Gaza, when no genocide has actually occurred.

UKLFI pointed out to the Barbican that the International Court of Justice (ICJ) earlier this year did not make any finding that there was a genocide or a plausible case of genocide, despite misreporting of this matter, as clarified by the ICJ former president Joan Donaghue.

UKLFI also suggested that the Barbican would be breaching the Charity Commission Guidance on Political Activities as “Voices of Resiliance” appears to be political propaganda, aimed at influencing public opinion as well as policies or decisions taken by government.

According to Charity Commission guidance, charities can take part in political activity that supports their purpose and is in their best interests. However, promoting the false claim that Israel has committed genocide in Gaza appears to be political activity outside the Barbican’s charitable objects, which are to support arts and cultural activities.

A show promoting the idea that Israel has committed a genocide is also likely to stir up religious hatred against Jews and Israelis, contrary to Section 18 of the Public Order Act 1986.

Furthermore, by presenting this show, the Barbican could breach Section 29 of the Equality Act 2010 (“the Act”). It is likely to discriminate against Jews and Israelis, who have protected characteristics of race, religion and belief under section 4 of Act.  Any Jewish or Israeli person attending the event is likely to feel that there is an intimidating, hostile and offensive environment, given the content of the show. This would amount to harassment under the Act.

Caroline Turner, director of UKLFI commented: “UKLFI does not oppose artistic freedom or freedom of speech and expression, and does not wish to suppress an innocent musical and cultural event. However, this event is likely to stir up religious hatred, promote a political cause, and breach the Equality Act by creating an intimidating, hostile and offensive environment for Jews and Israelis. Therefore we have asked the Barbican to cancel the performance.”