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Legal action over Gaza encampments on UK campuses

Queen Mary and Birmingham go down legal route, as Swansea students claim victory, and Oxford protesters fear disciplinary reforms

Published on
June 13, 2024
Last updated
June 13, 2024
A Palestinian flag
Source: iStock/ChiccoDodiFC

The fate of pro-Palestinian encampments on UK university campuses appear to be up in the air as term draws to a close 鈥 with some celebrating victories for the divestment movement and others facing court action.

Six weeks on from the movement first spreading to the UK, Queen Mary University of London (QMUL) and the University of Birmingham have attempted to disperse students through legal means, while the University of Oxford has been criticised for trying to introduce 鈥渃oncerning鈥 legislation聽that threatened freedom of speech.

Oxford was due to vote on changes to statute XI, the institution鈥檚 code of discipline for students, which would allow it to investigate serious misconduct without complaints having to be made to the police first, but the vote was withdrawn聽.

The Oxford Action for Palestine (OA4P) group said the proposed amendments would have meant that anyone who caused the university material or financial loss, or caused reputational damage, would be liable to disciplinary action.

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Rowan, a member of OA4P and a DPhil student, told聽探花视频聽that the 鈥渧aguely worded amendments鈥 could have been interpreted to diminish freedom of speech and the right to assembly聽of those calling for divestment from Israel.

Oxford denied聽, but said they were a change to how the university investigates serious non-academic student misconduct, particularly sexual offences.

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A spokesperson said it was vital the university community understood and supported the proposals when they came into force, so it had postponed a vote for now.

However, Rowan added: 鈥淚t鈥檚 deeply concerning that these amendments were being brought in in a moment of increased protest and attempted dialogue with the university. If they鈥檙e not in response to protest, why are they so vaguely worded as to potentially be interpreted and used as a weapon to prevent protest?鈥

They said the amendments were in keeping with the university鈥檚 response to the encampments so far, coming just a few weeks after聽16 protesters were arrested after occupying vice-chancellor Irene Tracey鈥檚 office.

鈥淭he university鈥檚 response to the encampment has been one primarily of evasion, one of looking at clear transactional calls for dialogue in good faith,鈥 they said. 鈥淎nd the response has been to obfuscate, to delay, to go through back channels, to try to mislead the community and the wider public about what OA4P is.鈥

While university leaders across the UK might be hoping that the end of term will halt the momentum of the protests and bring an end to the encampments, Rowan said they聽would be 鈥渟orely mistaken鈥.

This is a national movement, a global movement, and I think聽the idea that we will simply operate on the timeline and schedule of the university and abandon all of our efforts鈥 don鈥檛 think that will be true.鈥

At QMUL, the response was more direct, with the institution issuing students a possession order after describing the encampment as a 鈥渉ealth and safety risk鈥 in an email to staff.

The case was adjourned for now, but Clive Gabay, a reader in international politics, said he was 鈥渄eeply frustrated鈥 that university leaders had chosen the legal route over entering into a dialogue with students.

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鈥淚 am pleased that the judge in the case has deemed that there聽are for now insufficient grounds to demand that the encampment be disbanded, and I hope that the university will do the right thing, enter into a dialogue, as other university leaderships have done, and protect the encampment students from violent agitators who have already caused the students great distress,鈥 he said.

A former member of staff told聽THE聽that the decision to take students to court was 鈥渉orrendous PR for the university鈥.

A QMUL spokesperson said the university fully supported the right of everyone to peaceful protest within the law, but that the encampment gave the university no option but to take legal action.

鈥淲e cannot continue with the unacceptable level of health and safety risks brought by the actions of encampment members and people attracted to the associated demonstrations,鈥 they said.

The University of Birmingham has also taken similar steps, announcing that it had requested a possession order to 鈥渆nd the disruption being caused to university land and activity being caused by the camps鈥.

In a statement, Adam Tickell, Birmingham鈥檚 vice-chancellor, said it was with a 鈥渉eavy heart鈥 he was taking that step, but that recent actions 鈥 including the intimidation of staff and the vandalising of campus properties 鈥 had聽created a 鈥渉ostile environment鈥 for some.

Most of the dozens of encampments across the UK remain frozen out by their universities, but some have recorded victories. The Swansea University Palestine Society announced that it was winding down its 28-day encampment with some 鈥渟ignificant wins鈥, including a commitment to divest from Barclays bank within the next two months.

But the group criticised Swansea鈥檚 reluctance to call for an immediate ceasefire in the Israel-Gaza war, as it did over Russia鈥檚 invasion of Ukraine two years ago.

鈥淲e stand proud of the progress we've made, fuelled by an unwavering commitment to our cause,鈥 it said in a statement. 鈥淥ur fight doesn't end here 鈥 we will continue to hold the university accountable for every action and inaction.鈥

In response, Swansea said its ethical investment and banking policy was based on a number of factors, including sustainability and ethical considerations, and the value of return on investments.

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patrick.jack@timeshighereducation.com

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