Academic freedom needs constant nurturing
Geopolitical situations, such as the conflict in Gaza, evoke strong emotions among staff and students. How do we discuss such situations at our faculty? This issue is an ongoing part of safeguarding academic freedom at our university.
Why can’t we debate complex issues on which many people have gradually developed strong opinions in a respectful and safe way? This is a question that Jannemieke Ouwerkerk, Larissa van den Herik, Nadia Sonneveld and Marloes van Noorloos asked themselves last year. In response, they organised four sessions dealing with space for academic debate on sensitive global issues and how the university deals with them. These were special events with unique speakers and engaging conversations. Together with the organisers, we look back on the debate series.
An idea taking shape
Jannemieke Ouwerkerk had been thinking of organising a debate series for some time: ‘Within the walls of the university and at our faculty, little had been said about the situation in Gaza even though it was constantly in the news. I felt a strong need to discuss the legal aspects of the situation with colleagues at the faculty. Current affairs should be out on the table at a law faculty, and certainly when it comes to sensitive issues.’
Responsibility
Jannemieke already knew Marloes van Noorloos quite well. The latter had published on Leiden Law Blog about the problems in the Palestinian territories. Janine Ubink, Director of Research at Leiden Law School, put her in touch with Larissa van den Herik and Nadia Sonneveld. Van den Herik also felt the need to have an open discussion: ‘I noticed that students felt something needed to be done.’ She admitted that, as a scholar, she was aware of the accusation that academia seemed somewhat paralysed at first, and she felt it was good that students expected a response. ‘You have to be able to call someone out on their responsibilities.’
Legal framework
Each session dealt with a certain legal or academic aspect, such as explaining the concept of genocide, what the right to protest involves, the role of security at universities and the role of universities in national and international conflicts. Van Noorloos: ‘Each debate sparked new questions leading to new debates’. Ouwerkerk: ‘I found that really interesting. Questions like: what’s actually allowed at a university? What’s the legal framework? For me, it’s important to ask these questions before forming an opinion about world events or something going on at the university. The first question shouldn’t be: are you for or against protests at a university? You have to create a legal framework first, and then explore the scenarios within that framework.’
Sensitive topics
You must be able to discuss sensitive topics within the academic community. Although they were fairly open-minded about it, the organisers had prepared for various situations. Sonneveld: ‘There’s a lot of fear about discussing these kinds of topics, but that’s not always justified. I had a lecture a week after 7 October, where the subject of Hannah Arendt and genocide was discussed. It went fine – not that everyone was in agreement, but there was a clear need for information on these issues.'
Safe environment
Before each debate got underway, the ‘house rules’ were explained by the moderator (the organisers took turns to fill this role) so that everyone felt comfortable speaking. For example, the audience was reminded that it was important to listen to each other and that it was fine to disagree. Van Noorloos: ‘We wanted to create a setting where we could share thoughts, but also listen to other arguments and look at issues from various perspectives. At the same time, we wanted to support the discussion with relevant information: on the law, but also for example information from disciplines such as sociology and history. It’s about planting the seeds that can help people develop their thinking on a certain topic. Perhaps, in time, you can develop a better understanding of other ideas, besides your own initial opinion.’
‘Both safe and brave spaces’
When asked what had stood out most from all the sessions, the organisers replied unanimously that it is clear that the university is the place to discuss sensitive topics, and that you should not be guided by fear. As the description of the fourth session rightly put it: universities can be ‘both safe and brave spaces’. Van den Herik: ‘At the first session, I was quite moved to see how diverse the audience was. There were students from many different programmes and also staff from various departments with different roles. The common denominator was that we all thought the topic being discussed was an important one, even if we disagreed on certain fundamental points.’
The organisers themselves also learnt something from the debate series. Van Noorloos: ‘The importance of academic freedom has become even more important to me, and it should be at the forefront in decisions within the university. We therefore advise everyone not to shy away from discussions on sensitive issues. Hopefully someone will keep the torch burning!'
Debate series Space for academic debate
The debate series was open to Leiden Law School staff and students.
- On the concept of genocide, the right to protest and academic boycotts (14 June 2024). Speakers: Jannemieke Ouwerkerk (Professor of European Criminal Law), Nadia Sonneveld (Associate Professor, Van Vollenhoven Institute) Marloes van Noorloos (Professor of Criminal Law and Criminal Procedure) and Larissa van den Herik (Professor of Public International Law)
- How should the Netherlands and the broader academic community respond to international conflicts? (9 September 2024). Speakers: Remco Breuker (Professor of Korea Studies) and Maurits Berger (Professor Islam and the West)
- Security at universities (2 November 2024). Speakers: Jeroen ten Voorde (Professor of Criminal Law and Criminal Procedure), Maartje van der Woude (Professor of Law and Society) and Egbert Dommering (professor emeritus Information Law, University of Amsterdam)
- Between safe and brave spaces: The role of universities in historical perspective (12 December 2024) Speakers: Herman Paul (Professor of the History of the Humanities), Pieter Slaman (Assistant Professor and Leiden University’s university historian)