JUSTICE - No. 66

25 Spring 2021 While such training was available from the Organization for Security and Co-operation in Europe (OSCE) Office for Democratic Institutions and Human Rights (ODIHR), it is now augmented by advice from the European Union Agency for Fundamental Rights (FRA). The role of FRA in this context was enlarged after the EC published a report in December 2017 on Improving the Recording of Hate Crime by Law Enforcement Authorities. It also published a Guidance Note on the practical application of the 2008 Council Framework Decision in 2018. The EC report was the result of consultation between the EC, FRA and the ODIHR, the inter-governmental authorities that collect data on hate crime from national criminal justice authorities. 8 The Working Group on Combating Antisemitism, established in 2019, was entrusted with implementing the recommendations of the Declaration and providing guidance on their application. This body encourages member states to adopt national strategies against hate crimes and gathers their special envoys or other government-appointed coordinators, relevant international organizations, major Jewish organizations and national Jewish representative bodies. The first meeting of the Working Group in June 2019 focused on the security of Jewish communities and premises, and resulted in the development and implementation of security strategies. The second meeting, in December 2019, looked at preventing antisemitism through education on Jewish life, and the Holocaust. The third meeting, in June 2020, examined the use of the Working Definition to support comprehensive data collection and investigation of antisemitic incidents, and provided good practices in its use and support for victims of antisemitism in light of the EUVictims Directive. The fourth meeting, in December 2020, examined national strategies and guidance for the practical use of the Working Definition. At this meeting the Handbook for the practical use of the IHRA Working Definition of Antisemitism was presented to the Working Group, and was published simultaneously as an EC and IHRA document. 9 EU plans to combat antisemitism were further strengthened by the December 2020 Council Declaration that presented a six-point strategy to mainstream the combat of antisemitism. It proposed to combat antisemitism in all its forms head on, including COVID-19 pandemic induced conspiracy theories, and called for “a strong and systematic judicial response to antisemitic acts.” It stated that the 2008 Framework Decision“must be transposed and effectively implemented by the member states, including for crimes committed on the internet,” and that judicial and law enforcement authorities must be adequately equipped and trained. Specialized prosecution and investigative teams, where they exist, must share their knowledge and experience with their European counterparts. 10 It further recommended that the Working Definition be employed to identify bias indicators to enable governmental and non-governmental organizations to respond more sensitively and reliably, and that EU member states should“mainstream the prevention and countering of antisemitism in all its forms” by, for example, strengthening the institutional basis of the work of the Coordinator for combating antisemitism and fostering Jewish life. It invited the European Commission to strengthen the Coordinator’s work by “bringing supporting measures together in a comprehensive European strategy on combating antisemitism.” 11 A new and revised comprehensive strategy to combat antisemitism by the EU was scheduled to be launched early in 2021 and complement and support national strategies to operationalize the Council Declarations. 12 8. EU High Level Group on combating racism, xenophobia, and other forms of intolerance,“Improving the Recording of Hate Crime by Law Enforcement Authorities - Key Guiding Principles,” European Commission (Dec. 2017), available at https://ec.europa.eu/transparency/regexpert index. cfm?do=groupDetail. groupDetailDoc&id=37191&no=1; EU High Level Group on combating racism, xenophobia and other forms of intolerance, “Guidance Note on the Practical Application of Council Framework Decision 2008/913/JHA on combating certain forms and expressions of racism and xenophobia by means of criminal law,” European Commission (Nov. 2018), available at https:// ec.europa.eu/newsroom/just/document.cfm?doc_id=55607 9. European Commission Working Group on combating antisemitism, available at https://ec.europa.eu/info/ policies/justice-and-fundamental-rights/combating- discrimination/racism-and-xenophobia/combating- antisemitism/working-group-combating-antisemitism_en 10. Council of the European Union, “Council Declaration on mainstreaming the fight against antisemitism across policy areas,”13637/20 (Dec. 2, 2020), available at https:// www.consiliu, .europa.eu/media/47065/st13637-en20.pdf 11. Ibid. , Council declaration on mainstreaming the fight against antisemitism etc., pp. 8 -10. 12. Combating Antisemitism to Advance Human Rights for All. Remarks by European Union Special Representative to High Level Side Event, UN Human Rights Council 46th Session, Feb. 24, 2021.