Suspending the Discrimination Clause: The Cultural Standoff in Berlin

2024-01-22 20:05:49

The Senator for Culture and Social Cohesion, Joe Chialo (CDU), has once again managed to surprise the cultural committee and the cultural scene. On Friday, his administration provided detailed answers to questions about the controversial clause against discrimination and anti-Semitism. This was at very short notice in order to arm ourselves with arguments for the debate in this Monday’s meeting that are now invalid. Because on Monday he announced right at the beginning of the meeting that he had decided to suspend the clause.

The 200 people who gathered in front of the Berlin House of Representatives on Monday afternoon had no way of knowing that the clause was off the table. They were there to protest. Some of them wore Palestinian scarves, a large banner read: “Cultural Administration for Censorship and Social Repression,” and a sign read “RIP Cultural Freedom.”

The center of the rally was a large white cloth with the words “Discrimination Clause” written at the top. Here you could sign and then cover your mouth with a red or green adhesive strip. The demonstration itself was also quiet, as one of the organizers announced via megaphone. There were no speeches. This was intended to symbolize that the clause was intended to silence people from the world of culture.

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Protest in front of the House of Representatives against the anti-discrimination clause.Daniel Ignacio Martínez Rosaslanda/BLZ

Now the object of the protest had vanished into thin air for the time being. In his statement, Chialo indicated that the intention of this clause remains his urgent political will. “The clause is not just about anti-Semitism, it is also about Islamophobia, racism, queerphobia, ableism,” said Chialo in an interview with the Berliner Zeitung a few days ago. However, the concerns that arose in the committee, among others, as well as his consultation with legal experts and his conversations with many cultural workers led him to the conclusion that, among other things, there were constitutional doubts about the clause that could endanger the actual meaning of the clause. A legal opinion on this is in progress.

The senator still sees an urgent need for action in view of the growing anti-Semitism after the Hamas terrorist attack on October 7th. The deteriorating situation of Jews in Berlin, “the former Nazi capital,” who no longer dared to speak Hebrew on the subway, cannot be responded to for another five years.

That’s why he still thinks it’s right that he initiated the action. The clause with which he presented the city with a fait accompli was actually intended as the beginning of a dialogue process. He has spoken to many cultural workers in the past few weeks and has perceived the serious need to address the BDS and anti-Semitism problem in the cultural sector. Essentially, it’s about one thing: “The numbers of anti-Semitic incidents are growing every year. We are in a special situation with Berlin’s history. The slogan ‘Never again is now’ alone is not enough if there is no action.”

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Chialo recalled the state concept against anti-discrimination and anti-Semitism that was launched in 2019, which has not yet achieved any results. He now wants to accelerate the process and enter into dialogue. His authority wants to offer discussion formats and working groups in order to come to a solution that is viable for everyone – not only in the parliamentary area, but also with the cultural sector. There are already appointments with artists and directors. He wants to talk to the individual factions and agree on a common approach.

Respect for error culture

With his statement, Chialo turned the agenda on its head. MPs rushed to make it clear that they cared about the issue and wanted to work constructively to find a solution. Daniel Wesener from the Green Party was one of the first to stand up, paid respect to the senator and admitted that he was wrong in his assessment of Chialo. He thanked the senator and praised him for his culture of mistakes. “We give you great credit for that.”

The representatives of the SPD and the CDU also recognized the seriousness of the situation and derived a need for cultural policy action. It remains to be seen whether the solution is a more legally secure clause or a code of conduct, or something third that will be initiated together with the federal government so as not to roll out a patchwork quilt. The goal, as Chialo’s party colleague Junge put it, must be: no tax money for anti-Semites.

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