Government suffers defeat in court by Palestine campaigners over boycott, divestment and sanctions

BDS

22/6/2017

Press Release by the Palestine Solidarity Campaign

PSC logo

FOR IMMEDIATE RELEASE
Government suffers defeat in court by Palestine campaigners over boycott, divestment and sanctions.

The Government has acted unlawfully by attempting to restrict local councils from pursuing boycott, divestment and sanctions (BDS) against the state of Israel through their pension schemes.

Palestine campaigners hailed the triumph the ruling represented for the BDS movement, stating “Today is a victory for Palestine, for local democracy, and for the rule of law.”
Administrative Court judge Sir Ross Cranston granted the judicial review on 22 June, determining that the Government had acted for an improper purpose.

The Palestine Solidarity Campaign has won a key victory for the peaceful Boycott, Divestment and Sanctions movement against the UK government today. War on Want, Campaign Against Arms Trade and the Quakers supported the legal challenge with witness statements. PSC was represented in the proceedings by Bindmans LLP, Nigel Giffin QC and Zac Sammour.

The embattled minority Tory government suffered a new blow as parts of its Guidance governing investment by Local Government Pension Schemes (LGPS) were struck down as unlawful. The Guidance was announced by the Department for Communities and Local Government in September 2016 specifically to curtail divestment campaigns against Israeli and international firms implicated in Israel’s violations of international law, as well as to protect the UK defence industry.

This occurred despite a public consultation indicating that 98% of respondents thought this was the wrong thing to do. Pension holders would have been forced into investing in companies that are complicit in human rights abuses contrary to their conscience and beliefs.

The Administrative Court today held that the Government had acted for an improper purpose by seeking to use pension law to pursue its own foreign and defence policy. Accordingly the relevant parts of the Guidance were held to be unlawful and no longer restrict LGPS in their pension decisions.

In 2005 Palestinian civil society called for a campaign of boycott, divestment and sanctions measures until Israel adheres to its obligations under international law. It is modelled on the successful South African anti-apartheid boycott of the 1980s. Various local councils responded to the Palestinian call by passing motions to boycott goods from illegal Israeli settlements. Campaigners have been calling for councils to consider divesting from companies complicit in human rights violations in the occupied West Bank, such as Hewlett Packard (HP).

Hugh Lanning, Chair of the PSC said: “Today is a victory for Palestine, for local democracy, and for the rule of law. Absolutely everyone has a right to peacefully protest Israel’s violation of Palestinian human rights. This ruling upholds the right of local councils and their pension funds to invest ethically without political interference from the government of the day.

Ben Jamal, Director of PSC said: ”Our recent YouGov polling shows 43% of the public think BDS is reasonable. We couldn’t be happier that this right has been upheld by the Court in the month the illegal occupation of Palestine turns fifty years old. PSC will take forward its campaign for justice for the Palestinian people with renewed vigour.”

Jamie Potter, Partner in the Public Law and Human Rights team at Bindmans LLP said: “This outcome is a reminder to the Government that it cannot improperly interfere in the exercise of freedom of conscience and protest in order to pursue its own agenda.”
ENDS

Notes for Editors:

– The Department for Communities and Local Government issued guidance on LGPS in September 2016 declaring ‘divestment and sanctions against foreign nations and UK defence industries are inappropriate, other than where formal legal sanctions, embargoes and restrictions have been put in place by the Government.’

– This guidance came in despite a public consultation on the issue in which 98% of respondents vehemently disagreed with the plans.

– The Palestine Solidarity Campaign applied for judicial review of the new government measures for LGPS in December 2016.

– New YouGov polling on British public attitudes to Palestine shows that 43% of the public consider the BDS movement to be reasonable.
About the Palestine Solidarity Campaign:

The Palestine Solidarity Campaign is the largest UK civil society organisation dedicated to securing Palestinian human rights established in 1982. With more than sixty branches across the country, we campaign against Israel’s flouting of international law, the continued military occupation of Palestine, and systematic discrimination against Palestinians. We work to build awareness amongst politicians and the public of the continual injustices and advocate for peaceful and just solutions that respect the rights and dignity of Palestinians and Israelis.

For further information, please contact:

Amy Franck, Media and Communications Officer
Amy.franck@palestinecampaign.org / 07590 862268

When Congress celebrates the illegal occupation of Jerusalem, it defiles and redefines US values

First published by the Middle East Monitor on 13/6/2017

US Congress in session [File photo]

The American people missed a major incident in the US Congress last week which should have worried them immensely. Their elected representatives celebrated an illegal act on their behalf. Yes, the US Congress celebrated the 50th anniversary of the illegal occupation of East Jerusalem by Israel, and its illegal annexation in 1968. On 7 June, the speaker of the House of Representatives, Paul Ryan, joined Yuli-Yoel Edelstein, the Speaker of Israel’s Parliament, the Knesset, and Israeli Prime Minister Benjamin Netanyahu for a simultaneous celebration of the “unification” of the city that is holy to Jews, Christians and Muslims alike. Addressing the participants on Capitol Hill and the Knesset, Netanyahu declared that, “Jerusalem will never be divided again.” He contrasted the city before 1967 – when his mother told him “You can’t go right, you can only go left,” due to Jordanian snipers – and visiting the Western Wall immediately after the Six-Day War.

Formally, the international community does not recognise Israel’s sovereignty over East Jerusalem, which Israel took by armed force from Jordan in 1967. It further considers Israel’s building of settlements for Jews in the occupied Palestinian areas as illegal. Even the United States itself considers the settlements to be illegitimate. The ICJ advisory opinion on Israel’s separation wall reaffirmed the “applicability of the Fourth Geneva Convention as well as Additional Protocol 1 to the Geneva Conventions to the Occupied Palestinian Territory, including East Jerusalem.”

In a recent resolution, UNESCO confirmed that East Jerusalem is “occupied” and that “all legislative and administrative measures and actions taken by Israel, the occupying Power, which have altered or purport to alter the character and status of the Holy City of Jerusalem, and in particular the ‘basic law’ on Jerusalem, are null and void and must be rescinded forthwith.” Only ten countries, including Israel and the US, voted against this resolution.

An international consensus exists which does not recognise Jerusalem as Israel’s capital. On the ground, this is enacted through the location of all embassies in Tel Aviv, some 70 kilometres away on the coast. This includes the US Embassy. However, in 1995 the US Congress passed the Jerusalem Embassy Act which recognises the city as Israel’s “capital”; the Act further called for the embassy to be relocated to Jerusalem by May 1999, at the latest.

The fact that the US Embassy has not moved to Jerusalem is down to successive US presidents who realised the ramifications of this move and chose to sign twice yearly waivers keeping the embassy in Tel Aviv, even though Clinton, George W Bush and Trump made unambiguous promises to move it during their election campaigns. In Trump’s case, the promises were so recent that there was an expectation around the world, and hope in Israel, that he would do it early in his term. However, he too baulked at the move once in office and, having just returned from the Middle East, decided to sign a waiver on 1 June to keep the embassy in Tel Aviv, much to the disappointment not only of Israel but also his own newly installed pro-Israel Ambassador, David Friedman. However, Trump and future presidents will continue to come under pressure from the pro-Israel Lobby through its stooges in Congress to push for the implementation of the Embassy Act.

#USEmbassy

It can therefore be argued that for Congress to celebrate the 50th anniversary of the “reunification” of Jerusalem is in keeping with a long tradition of supporting Israel, right or wrong. However, illegal acts are surely not something that Americans should sanction or celebrate.

Consider this, for example: if Saddam Hussain’s 1990 occupation of Kuwait — like the occupation of Jerusalem, it was also deemed illegal at the time — was still in place, would Congress this year be celebrating the 27th anniversary of its “reunification” with Iraq? I understand the difference between Israel, a US ally, and Iraq. However, from the perspective of international law, the occupations of Iraq and Jerusalem (and the other areas captured by Israel in 1967) are illegal and therefore celebrating either is to celebrate illegal acts. In fact, while the US assembled a coalition of states to eject Iraq from Kuwait by force, it has acquiesced to Israel’s illegal occupation of Arab lands by not even placing any pressure on successive Israeli governments to end it. The US has further provided Israel with half of its international aid budget for the foreseeable future to ensure its “security”, and continues to protect it politically and diplomatically through the wielding of its veto in the UN Security Council.

In an astonishing move to shield Israel from criticism, all 100 US Senators signed a letter to the UN Secretary General in April demanding that it is “treated neither better nor worse than any other UN member in good standing.” The implication is that Israel’s defiance of dozens of UN Security Council resolutions, its 50-year occupation and repeated military offensives — and alleged war crimes and crimes against humanity — against Gaza puts it in “good standing”.

America’s continued and unconditional military aid to Israel was heavily criticised by religious leaders in 2012. The signatories urged “an immediate investigation” into possible violations by Israel of the US Foreign Assistance Act and the US Arms Export Control Act, which respectively prohibit assistance to any country which engages in a consistent pattern of human rights violations and limit the use of US weapons to “internal security” or “legitimate self-defence”. However, Congress has never investigated whether Israel violates US law or not.

America’s much-vaunted democratic values include liberty, justice and equality. When it comes to Palestinians, though, the US — through its elected representatives — acts regularly to deny them these same values. America does not seek equality for all Israeli citizens, 20 per cent of whom are Palestinians against whom state-sanctioned discrimination is rife. Nor has the US acted to deliver liberty for Palestinians in the same way that it did for the Kuwaitis; instead, America denies the illegal occupation and colonisation of Palestinian land. Moreover, when it comes to the Jerusalem Act and the celebration of its illegal occupation, the US Congress certainly does not deliver justice to the Palestinians. In all of this, Congress defiles and redefines the values it claims to uphold for its own citizens. This is total hypocrisy.

Trump should appoint pro-Palestinian advisers

First published by the Arab Weekly on 1/6/2017

Trump’s senior advisers and ambassadors hold pro-Israel views with no counter view seemingly present.


Phot: Diversity needed. Israel’s Prime Minister Binyamin Netanyahu (R) and US President Donald Trump (L) chat as White House senior adviser Jared Kushner is seen in between them, during their meeting at the King David Hotel in Jerusalem, on May 22. (Reuters)

During his recent trip to Israel and the occupied Palestinian territories, US President Donald Trump expressed his desire to bring peace to the region, achieving what he has repeatedly named the “ultimate deal.”

At a meeting with Palestinian President Mahmoud Abbas, Trump said: “We want to create peace between Israel and the Palestinians,” promising: “We will get it done. We will be working so hard to get it done.”

While there were calls from Israeli Prime Minister Binyamin Netanyahu for Trump to demand that the Palestinian Authority stop payments to families of prisoners and those whom Palestinians consider martyrs, Trump did not do this publicly.

Trump spent a day in Israel meeting with its leaders and minutes in Bethlehem meeting with Abbas. Initial reports indicated positive meetings in both areas but recent revelations about Trump’s meeting with Abbas suggested that he yelled at the Palestinian leader, accusing Abbas of “deceiving” him about the Palestinian Authority’s role in inciting violence against Israel.

Public statements did not indicate such a rift. Speaking at the Israel Museum, Trump said: “I had a meeting this morning with President Abbas and can tell you that the Palestinians are ready to reach for peace.” He then said: “In my meeting with my very good friend Binyamin, I can tell you also that he is reaching for peace. He wants peace.”

However, for that to happen, Trump needs to be provided with advice that represents the conflict in a balanced manner. His Middle East adviser during his campaign was Walid Phares who is of Christian Maronite Lebanese heritage and well-known for his pro-Israel stance. Trump had no adviser on his team who could provide a pro-Palestinian view.

Since his election, Trump has surrounded himself with advisers on the Middle East who were likely to hold views closer to the Israeli position. His senior adviser on the Middle East is his Jewish Orthodox son-in-law, Jared Kushner. The son of holocaust survivors, the real estate mogul’s family has donated tens of thousands of dollars to the illegal West Bank settlement of Bet El.

Trump’s special representative for international negotiations is Jason Greenblatt, his company lawyer from New York who is an orthodox Jew. He does not see Israeli settlements as an obstacle to peace and does not think the United States or any other party should try and impose an agree­ment on Israel.

Trump’s pick as ambassador to Israel is David Friedman, an orthodox Jew and bankruptcy lawyer, who is committed to the settlement enterprise and advocates moving the US Embassy to Jerusalem. He, too, does not believe the settlements are an impediment to peace or that annexing the West Bank would compromise Israel’s Jewish or democratic character.

When it came to the United Nations, Trump picked Nikki Haley, a staunch supporter of Israel who has criticised the international body for overly criti­cising Israel. She recently prom­ised the American Israel Public Affairs Committee (AIPAC) — a key lobby group for Israel — that “the days of Israel bashing are over.”

She recently threatened that the United States may pull out of the UN Human Rights Council over its “chronic anti-Israel bias.”

An assessment of Trump’s team reveals that his senior advisers and ambassadors hold pro-Israel views with no counter view seemingly present.

It can be argued that the lack of one or more pro-Palestinian advisers or even ones with no record of supporting Israel is a handicap to the US president and goes against the principles of serious deal making.

If Trump is serious about finding “the ultimate deal,” he should insert an alternative view into his senior team or he likely faces failure.