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

No, it is not unfair to criticise Israel 

First published by the Middle East Monitor on 13/5/2017

Israeli security forces break up Palestinian protests organised to show solidarity with Palestinian prisoners on hunger strike, in Ramallah, West Bank on April 23, 2017 [Issam Rimawi / Anadolu Agency]

As Palestinians mark a number of key, painful anniversaries in 2017, Israel is busy with not ending the occupation, but entrenching it and crying wolf claiming to be the victim in the decades-old conflict.

The Palestinians recently marked the 69th anniversary of the massacre of Deir Yassin in which tens of Palestinians were slaughtered by Zionist terror groups. They will shortly mark the Nakba and the creation of Israel on their homeland and against their will in 1948. June marks the 50th anniversary of the occupation of the West Bank, East Jerusalem and Gaza. June also marks the tenth anniversary of the siege on Gaza and, in November, the Balfour declaration will be 100 years old.

On the ground, prospects for a just peace are almost non-existent. Israel continues to occupy the West Bank and East Jerusalem and to move more of its citizens into these illegally occupied areas. Plans for more settlement units continue to surface and even the idea of settlers leaving their illegal housing units have brought accusations of “ethnic cleansing” by the Israeli prime minister Benjamin Netanyahu.

Jerusalem continues to be Judaised, and the lives of Palestinians in the holy city continue to be made miserable through restrictions on building, extortionate taxes, heavy handed security, house demolitions, evictions and the planting and expansion of Jewish only settlements in East Jerusalem. Extremist settlers continue to break into the Al-Aqsa Mosque, protected by Israeli security forces without coordination with the Jordanian endowment which administers the holy sanctuary. Even the sound of the Muslim call to prayer which has been heard in the city and the whole of Palestine for centuries is being suppressed.

Israel continues to impose an immoral blockade on Gaza and has the temerity to warn of a catastrophe in the enclave with Major General Yoav Mordechai warning that the Strip’s aquifer has been destroyed by years of excessive pumping and an estimated 96 per cent of water in the enclave is now unfit to drink. This is compounded by recent action by the Palestinian Authority to cut salaries of workers and to refuse to support the supply of electricity to the troubled strip.

The feeling of helplessness by Palestinians, particularly the youth, continues to rise and the regular extrajudicial killing of Palestinians at check points shows no sign of abating. On 7 May, Israeli security forces killed 16-year-old Fatima Afeef Abdulrahman Hajeiji, spraying her body with 20 bullets at Jerusalem’s Damascus Gate, alleging she was about to attack them with a knife, which eye-witnesses strongly dispute.

In March, Israeli forces killed Basel Al-Araj, a Palestinian intellectual and opponent of the Israeli occupation in an area which the Oslo Accords designated as coming under PA security control, clearly confirming Israel has no respect for any accords or agreements it signs. The killing of the popular activist enraged Palestinians who directed their anger at both Israel and the PA whose security coordination was recently lauded by US President Donald Trump during his meeting with Abbas in Washington saying “they get along unbelievably well. I had meetings, and at these meetings I was actually very impressed and somewhat surprised at how well they get along. They work together beautifully.”

The impact of the wall on the daily life of Palestinians is immeasurable, drawing concern and condemnation from many quarters including from the Archbishop of Canterbury, Justin Welby, who has spoken of his “profound grief and sorrow” after hearing the testimonies of Palestinians whose land has been put beyond their reach by the vast concrete wall Israel has built near Bethlehem and Beit Jala.

Rising Jewish settler violence goes unchecked by Israel which continues to practice double standards when dealing with this when compared with Palestinian acts. Palestinian prisoners continue to be mistreated and have their legitimate rights denied by Israel, driving them to a mass hunger strike by 1,500 of the estimated 7,000 prisoners which recently entered its third week.

As for Palestinian citizens of Israel, they continue to be treated like second class citizens and to endure the effect of over 50 discriminatory laws. The Bedouin population in the Negev has been targeted for eviction and transfer, while Jewish settlements are built in their place.

In addition, the status of Arabic as an official language of the state is under threat as proposals have been approved by the Cabinet to downgrade it to having “a special status in the state” while the national language is “Hebrew”. This is part of the so called “Nation State Bill” which would also explicitly reserve “the right to realise self-determination in the State of Israel uniquely to the Jewish people.” In any other context, this would be seen as a racist move when at least 20 per cent of the population are not Jewish.

With such a litany of abuses, an objective assessment would conclude that not only is it legitimate to continue to criticise Israel for its policies, but also those western democracies which support it in order for them to rethink their support.

However, 2017 is proving to be the year of the absurd in the international community’s relationship with Israel. It is the year when Israel is pushing hard to change the discourse on the situation despite an escalation in its crimes. A year in which German Foreign Minister Sigmar Gabriel was snubbed by Netanyahu for choosing to meet NGOs Breaking the Silence and B’Tselem.

While 2016 ended with UN Security Council resolution 2334 which criticised the continuing illegal settlement enterprise, criticising Israel in 2017 for the same indiscretions as it committed in 2016 is now suddenly “unfair”.

Recently all 100 US senators signed a letter asking UN Secretary General Antonio Guterres to address what the lawmakers call entrenched bias against Israel at the world body. “Through words and actions, we urge you to ensure that Israel is treated neither better nor worse than any other UN member in good standing,” the letter said.

Amazingly it was lost on the senators, or more probably they chose to ignore, Israel’s refusal to adhere to the body’s multiple Security Council resolutions on the matter, including resolution 2334 which Israel said it would not respect and proceeded to announce further settlement building. This coincided with Washington’s UN envoy Nikki Haley choosing to turn the spotlight from Israel to Iran in her first session holding the rotating presidency of the United Nations Security Council. “If we are speaking honestly about conflict in the Middle East, we need to start with the chief culprit, Iran, and its partner militia, Hezbollah,” Haley told the Security Council Thursday. “For decades they have conducted terrorist acts across the region.”

The UK for its part put the UN Human Rights Council “on notice” at its last session accusing it of “bias against Israel”. “The persistence of bias,” the UK representative argued in his statement, “particularly the disproportionate volume of resolutions against Israel undermines the council’s credibility as the globally focussed and objective international human rights body we all want and need.”

It is incumbent on all who have fallen for Israel’s hasbara propaganda about it being treated unfairly to point to any change in Israeli policy that their collective cowardice in dealing with it has brought. In fact, they cannot. On the contrary, their strategy for dealing with the issue, if they are serious, has failed. There is also no evidence that if Israel is not criticised, it will do the honourable thing and meet the legitimate demands of the Palestinians.

If there is unfairness, it is Israel’s treatment of the Palestinians which has gone on since its creation, not our criticism of it. In fact criticism is not enough, but action is needed to find a just solution.

Silencing critics will only reinforce image of Israel as a bully

First published by the Arab Weekly on 7/5/2017

In recent years Israel has been developing approaches to combat the criticism it receives, both for the lack of progress towards peace with the Palestinians and increasingly for policies it develops and implements.

This can be traced to a signifi­cant 2010 report, produced by the Reut Institute, that claimed: “Is­rael has been subjected to increas­ingly harsh criticism around the world, resulting in an erosion of its international image and exact­ing a tangible strategic price.”

It identified what it calls “the Delegitimisation Network” and claimed that it “tarnishes Israel’s reputation, constrains its military capabilities and advances the One- State Solution.”

The Reut report diagnosed Israel’s predicament as facing “a systemic, systematic and in­creasingly effective assault on its political and economic model.” It suggested that “faced with a po­tentially existential threat, Israel must treat it as such by focusing its intelligence agencies on this challenge; allocating appropriate resources; developing new knowl­edge, designing a strategy, execut­ing it; and debriefing itself.”

The report suggested that, to combat the “delegitimisers,” Israel should adopt “relationship-based diplomacy with elites;” “engage the critics;” “isolate the delegiti­misers;” “NGOs to engage with NGOs;” “mobilise Jewish and Is­raeli diaspora communities;” “let the local pro-Israel community lead the effort and reorganisation of the foreign affairs establish­ment.”

Since the publication of the report, it would appear Israel has taken its recommendations on board. It has certainly strength­ened its relationship-based diplomacy with elite figures and institutions, most significantly perhaps in the United States and Britain.

All major US presidential candi­dates in 2016 except Bernie Sand­ers addressed the conference of the American Israel Public Affairs Committee (AIPAC) — the main Is­rael lobby group — affirming their unequivocal support for Israel. In Britain, Prime Minister Theresa May addressed the Conservative Friends of Israel expressing her unshakeable commitment to the country.

Israel has attempted to draw a distinction between “legitimate criticism”’ and ”demonisation and delegitimisation” by trying to establish a line of criticism that, if crossed, moves into demonisation and criticism.

Here, too, Britain and the United States have moved to support this and indeed to accuse the United Nations and some of its agen­cies, including the Human Rights Council (UNHRC) and UNESCO, as having crossed it. Britain put the UNHRC “on notice” for its focus on Israel and the United States re­cently moved to shift the focus of the UN Security Council’s security concerns in the region to Iran.

A special focus of Israel’s efforts to distinguish between “critics” and “deligitimisers” has been the Boycott, Divestment and Sanc­tions (BDS) movement. While on the one hand dismissing its effectiveness, it has identified it as an “existential threat.” It set up a task force, initially funded with $25 million, under the Strategic Affairs Ministry led by Gilad Erdan to target the BDS movement.

In February 2016, during the Global Coalition for Israel confer­ence in Jerusalem, Erdan outlined Israel’s strategies for combating the movement that has gained momentum in recent years. Erdan said he hoped that the meeting would signify a turning point in the fight against delegitimisa­tion. “BDS is spreading to more and more countries and fields” he said. His colleague Yisrael Katz, minister for transportation went further, saying: “Israel must carry out targeted civil thwarting of the leadership [of BDS].”

Erdan concluded by stating that Jewish communities around the world play a crucial role. Telling them “you are on the ground and know what is going on.” “I can’t do it alone. We are all on the front line together,” he said.

A combination of mobilising the elite and what are claimed to be “jewish community” organisa­tions, which are in fact pro-israel organisations, has seen a marked rise in the silencing or at least the attempted silencing of israel’s critics. This has targeted “centres for delegitimisation,” identified by the reut report — namely london, paris, toronto, madrid, brussels and the san francisco bay area.

Attempts to silence critics have included the conflation of anti-semitism and anti-zionism through the creation and promo­tion of a definition of the former to encompass criticism of israel and labelling bds as anti-semitic. Venues that are booked to host pro-palestinian events have been targeted and warned that they are hosting “anti-semitic” events or allowing platforms to anti-semites and “promoters of terror.”

Recently, the israeli knesset passed a law banning proponents of bds from entering israel, even if they promote a boycott of illegal settlements. If fully implemented, the law, which was heavily criti­cised even by jewish organisations in the west, would also deny entry to jews who promote boycotts.

Observers said the attempts to silence critics were not working but were reinforcing israel’s im­age of a bully that claims to be a democracy but then silences free speech, a key democratic value.

مقابلتي مع الأستاذ حسن زيتوني في برنامج استوديو لندن 

لقاء مطول على قناة روسيا اليوم مع الأستاذ حسن زيتوني تطرق لمنع اسرائيل لي من قضاء عطلة عيد الفصح مع عائلتي في فلسطين. كما تطرقنا لأمور اخرى متعلقة بالشأن الفلسطيني وتصرفات اسرائيل.

26/4/2017  عرضت الحلقة بتاريخ

Interview on Talk Radio Europe about Israel denying me entry to Palestine

I was interviewed by Pippa Jones for Talk Radio Europe on 20/4/2017

Listen below from 3 minutes into the hour.