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NEWS
EU Legislation Includes Prison Terms for Holocaust Denial
and Hate Crimes
by Yated Ne'eman Staff
Following six years of exhausting deliberations the 27
countries of the European Union finally reached a consensus
on legislation to limit racism, hate crimes and Holocaust
denial, banning incitement based on race, nationality, gender
and skin color. The decision is pending approval by the
various parliaments and calls for up to three years'
imprisonment for violations. Previous efforts to pass the
legislation failed due to disputes over freedom of speech
when countries like Britain, Italy and Denmark showed a
reluctance to sign.
"Now the European Union has a moral obligation," said Italian
Foreign Minister Franco Partini, who is responsible for legal
affairs and internal relations at the EU, calling the
legislation a major achievement.
The proposal is a watered-down version of the original 2001
draft. For example, countries would be obligated to mete out
punishment for Holocaust denial only in cases where it could
lead to incitement to violence or hatred, and would be
permitted to limit punishment to cases in which the public
order is liable to be disrupted. Neither does it call for a
sweeping ban against displaying Nazi symbols such as
swastikas, though they have been outlawed in several
countries, including Germany, France, Spain, Austria and
Belgium.
The law mentions the Holocaust, but does not explicitly cite
other historical events whose denial would be prohibited,
despite demands by Baltic states to include atrocities
perpetrated by Joseph Stalin. German Foreign Minister Frank-
Walter Steinmeier, who is currently presiding over the EU,
said a compromise has been reached to discuss other cases of
genocide in the future.
According to a Yad Vashem statement, "The legislation is an
important tool in the struggle against Holocaust denial, but
must be accompanied by educational work." Nearly three
months ago the UN General Assembly approved a proposed
decision drafted by the US condemning Holocaust denial and
declaring that preserving the memory of the Holocaust is
crucial to preventing acts of genocide in the future.
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