A UN special rapporteur raised concerns on Thursday over the negative effects of political interference on higher education within the US. The expert’s statement emphasized the threat to “academic freedom, student rights, and democratic integrity,” and highlighted the banning of international students from enrollment at Harvard University as an example of this “wider trend.”
Farida Shaheed, the UN special rapporteur on the right to education, issued this statement following the presentation of a country report assessing the “provision and enjoyment” of the right to education within the US. The report’s findings were based on an in-person visit from April 29 to May 10, 2024, with the statement including additional observations from the following year. While lauding the US on its “comprehensive civil rights protection” and “strong role of the courts in protecting equitable access to education,” the report cited a number of concerning developments such as “discriminatory censorship laws, books bans” and student protests being met with “criminalization, surveillance and disciplinary actions.”
Freedom of speech at US universities became a prominent issue following a wave of pro-Palestine protests since October 2023. Non-US citizens involved in the protests have faced consequences such as visa revocation and detainment by Immigration and Customs Enforcement (ICE), with the case of Mahmoud Khalil garnering particular attention. Numerous human rights organizations, such as Human Rights Watch and Amnesty International, have condemned the effects of these measures on free speech. The special rapporteur “criticized the practice of equating advocacy for Palestinian rights with terrorism or antisemitism, calling it a disproportionate response that may reflect institutional racism.”
President Donald Trump’s administration made numerous demands of Harvard University earlier this year, including the handing over of students’ visa records. The government froze $2.2 billion in federal funding after the university’s refusal to comply, leading to Harvard filing a lawsuit in April. The administration subsequently removed Harvard’s ability to enroll international students, citing its failure to “confront pervasive race discrimination and anti-Semitic harassment plaguing its campus.” This action is being challenged in the courts.
The special rapporteur called on the US to respect its commitments under the International Covenant on Civil and Political Rights (ICCPR), which was ratified by the US in 1992. She urged the government to “end censorship and politicization of content across all levels of education” and “protect tenure and institutional governance from external interference.”
The day before the special rapporteur’s statement was released, the US State Department announced that it would screen the social media profiles of all student visa applicants. This move signals that free speech in US higher education will be a significant issue for the foreseeable future.
