Scientific service underlines BDS decision lacks legal enforceability
The parliamentary scientific service's analysis has confirmed that the BDS resolution, passed by the German Bundestag in May 2019, does not provide a legal basis for prohibiting appearances by persons in publicly funded spaces or events financed with public funds.
The resolution, which was directed against the pro-Palestinian Boycott, Disinvestment, Sanctions (BDS) movement, has been a subject of controversy and debate. Critics argue that it has led to the exclusion of artists and scientists who have worked in Germany for many years without violating the values of the Basic Law.
Thomas Oberender, the intendant of the Berlin Festival, has expressed his hope that the debate will not lead to further division within the liberal camp. He also voiced his hope that the debate will now become more factual, emphasising the importance of maintaining a culture of debate.
Cultural institutions, feeling vindicated by the parliamentary scientific service's opinion, have called for a rethink with their initiative GG 5.3. This initiative, started by the heads of 32 state-funded museums, theaters, and other cultural organizations in Germany, refers to Article 5, Paragraph 3 of the German Basic Law (Grundgesetz) which protects freedom of expression.
Aleida Assmann, a prominent figure in the cultural sphere, has also weighed in, stating that we should not allow ourselves to be further divided by deliberate polarizations.
The legal assessment, reported by the 'Süddeutsche Zeitung' in its Wednesday edition, states that a potential law based on the BDS resolution would be unconstitutional due to violating the fundamental right to freedom of expression. It also concludes that the resolution is not a law.
Numerous cultural institutions have recently issued an appeal against this resolution, with the Berlin Festival joining the chorus. The intendant, Thomas Oberender, reiterated his stance, saying that we should not lose our culture of debate in the process.
The debate surrounding the BDS resolution continues, but with the parliamentary scientific service's opinion providing a clearer understanding of its legal implications, there is hope that the discourse will become more informed and less divisive.
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