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

Can the Palestinians sue Britain over Balfour?

First published by the Arab Weekly on 30/4/2017

The Balfour Declara­tion is a letter from Arthur Balfour, then the British foreign secretary, to the Zionist Federation of Great Britain and Ireland, dated November 2, 1917.

The critical part of this short letter said: “His Majesty’s government view[s] with favour the establishment in Palestine of a national home for the Jewish people and will use [its] best endeavours to facilitate the achievement of this object, it being clearly understood that nothing shall be done that may prejudice the civil and religious rights of existing non-Jewish communities in Palestine or the rights and political status enjoyed by Jews in any other country.”

For Israel and many Jews around the world, the centennial anniversary of the Balfour Declaration is cause for celebra­tion. After all, the declaration paved the way for the establish­ment of a homeland for Jews in Palestine, which, 100 years on, Israel would claim has been achieved in what it calls “the Jewish state.”

Palestinians, both informally and at the official level, argued that — at the very least — Britain should use the document’s 100th anniversary to acknowledge the role it played in what the Pales­tinians describe as the nakba — “disaster.”

After all, peace has not been achieved; the Palestinians continue to exit either in exile, under occupation or as second-class citizens within Israel’s internationally recognised borders.

Palestinian President Mahmoud Abbas demanded an apology from Britain during his address at the UN General Assembly last September.

“We ask Great Britain, as we approach 100 years since this infamous declaration, to draw the necessary lessons and to bear its historic, legal, political, material and moral responsibility for the consequences of this declaration, including an apology to the Palestinian people for the catastrophes, misery and injustice this declaration created and to act to rectify these disasters and remedy its conse­quences, including by the recognition of the state of Palestine,” Abbas said. “This is the least Great Britain can do.”

In the Palestinian diaspora, several ideas were considered, including mass demonstrations on or near November 2.

The London-based Palestinian Return Centre secured a petition on the British government’s petitions site calling on London to openly apologise to the Palestinian people for issuing the Balfour Declaration.

“The colonial policy of Britain between 1917-1948 led to mass displacement of the Palestinian nation,” the petition reads, adding that London should recognise its role during the mandate and “must lead attempts to reach a solution that ensures justice for the Palestin­ian people.”

The government’s response was that the Balfour Declaration is a historic statement for which London “does not intend to apologise. We are proud of our role in creating the state of Israel.”

It further stated that “estab­lishing a homeland for the Jewish people in the land to which they had such strong historical and religious ties was the right and moral thing to do, particularly against the background of centuries of persecution.”

The statement recognised that the declaration “should have called for the protection of political rights of the non-Jewish communities in Palestine, particularly their right to self-determination. However, the important thing is to look forward and establish security and justice for both Israelis and Palestinians through a lasting peace.” It then reinstated Britain’s position on how peace can be achieved.

Britain plans to celebrate Balfour or “mark it with pride,” as British Prime Minister Theresa May announced. Israeli Prime Minister Binyamin Netanyahu will attend and a royal visit to Israel is planned.

In response, Palestinian envoy to Britain Manuel Hassassian said celebrating Balfour “rubs salt in the wounds of the Palestinian people.” He made no reference to the threat made at the Arab summit last July by Abbas to sue Britain in an international court for the Balfour Declaration.

The Times of Israel recently reported that the British govern­ment, which has been delaying the issue of a visa to the new Palestinian head of mission announced by Abbas, might be planning to “downgrade” the status of the diplomatic mission in London.

The prospect of the British government responding to the call from its own Parliament in 2014 to recognise the state of Palestine seems as distant as ever.

الحصاد: بلفور … قرن من الظلم 

مشاركتي في برنامج الحصاد على قناة الجزيرة بتاريخ ٢٢/٤/٢٠١٧