Adalah-NY: Support striking Namibian workers at Lev Leviev Diamonds!

Support Striking Namibian Workers at Lev Leviev Diamonds! Protest Firing Threats, Abusive Managers

By: Adalah-NY: The Coalition for Justice in the Middle East, Congress of South African Trade Unions (COSATU), Palestinian Boycott, Divestment and Sanctions Campaign National Committee (BNC)

To view Adalah-NY website click here

July 5, 2008

Management at Lev Leviev Diamond Polishing Company (LLD) in Windhoek, Namibia is threatening to fire 153 diamond polishers who have been on strike since June 19th protesting abusive managers as well as overdue job appraisals, promotions, wages and outstanding overtime pay. The company, owned by Israeli billionaire Lev Leviev, whose companies are already a target of global condemnation for building Israeli settlements in the West Bank in violation of international law, has suspended the 153 strikers and is threatening to begin disciplinary hearings to fire them, claiming the strike is illegal.

Growing global solidarity reaches from Palestine to Southern Africa and the US targeting Lev Leviev’s human rights abuses and war crimes.

Adalah-NY, COSATU and the Palestinian Boycott, Divestment and Sanctions National Committee (BNC) urge unions, supporters of human rights, and all other social justice groups to send messages of protest to LLD management, demanding that the strikers not be fired and that their demands be met (addresses and phone numbers to send messages to are below).

Namibia:

In Namibia, the workers started their labor action on June 19, setting up a round-the-clock protest camp a few hundred yards from the factory gates. Among the workers’ demands is the removal of LLD Namibia’s general manager Mike Nesongano. Workers have documented a range of hostile actions by Nesongano, including use of abusive language, disregard of labor law, threatening workers, unfair dismissals, unequal treatment and having a demoralizing attitude towards his workforce. The employees also accuse Nesongano of poor administration and favoring European administrators brought in by Leviev. They also point to intimidation by the company’s lawyer at meetings between workers and management.

Diamond polishers at LLD earn Namibian $450 (US$56) a month, after deductions. This corresponds to less than two U.S. dollars a day, the figure most commonly used by international agencies to define the global poverty line.

LLD has a history of exploiting its workers. In 2006 the company, which only offered its workers temporary status, tried to force workers to sign contracts stating that they would not be paid until they reached certain production quotas. Only the workers’ struggle forced them to nullify the contracts.

LLD’s Managing Director, K. Kapwanga, refuses engagement with the workers on fair terms. He has publicly threatened that “[t]he relevant employees will be issued with notices to appear before a disciplinary hearing committee, upon which if found guilty they may face severe penalties and possible dismissal.” Enraged by the threat, workers have announced that they will boycott the disciplinary hearings, and have threatened to disrupt the operations of the company should the company fail to heed their demands.

Palestine:

Lev Leviev got his start by supporting Apartheid in South Africa, and reaping profits from that regime’s diamond industry. Today his support is directed at Israeli apartheid where the profits are no less handsome. His construction companies build settlements that steal water and key agricultural areas from Palestinians, carve up Palestinian areas of the West Bank into isolated enclaves, and cut off Jerusalem from the West Bank. His most recent settlement construction projects – Mattityahu East in Modi’in Illit, Zufim, Maale Adumim and Har Homa – are central to Israel’s efforts to seize control of and annex strategic areas of the West Bank.

The people of Jayyous, the Palestinian town on whose lands the Zufim settlement is built, have addressed the world calling for a boycott of Lev Leviev because his settlement activities on the properties annexed by Israel’s Apartheid Wall destroy their land and livelihoods. As one Jayyous farmer has put it: “85% of our people were farmers working in their fields or tending cattle. Today only 45 out of 3800 people can reach their lands and provide for the livelihoods of their families. Out of the 8,050 people from Jayyous, 3,250 already live abroad. Those of us who have stayed must struggle daily to defend our lands and rights.”

Adalah-NY, the Coalition for Justice in the Middle East (www.adalahny.org), in cooperation with the Palestinian Boycott, Divestment and Sanctions Campaign National Committee (BNC), a wide coalition of the largest Palestinian mass organizations, trade unions, networks and organizations, has been campaigning against Lev Leviev’s companies for their building of Israeli settlements in the West Bank in violation of international law, as well as his abuses of workers and communities from Angola to New York City. The BNC is the body set up by Palestinian civil society to coordinate the boycott, divestment and sanctions campaign launched in July 2005 with the initial endorsement of over 170 Palestinian organizations. One fruit of the campaign initiated by Adalah-NY has been UNICEF’s announcement on June 20th it would no longer accept donations from Leviev, which followed a similar decision by Oxfam International.

Angola:

In Angola, New York Magazine reported in 2007 that “A security company contracted by Leviev was accused this year by a local human-rights monitor of participating in practices of ‘humiliation, whipping, torture, sexual abuse, and, in some cases, assassinations.’”

New York:

At the Apthorp building in Manhattan, 50% owned by Leviev’s company Africa-Israel, 88 tenants protected by rent-regulation laws are threatened with losing their apartments as Leviev and the smaller shareholders convert it into an expensive condominium building.

Adalah-NY, the BNC and COSATU urge unions, supporters of human rights for Palestinians, and all other social justice groups to send messages of protest to LLD management, demanding that the strikers not be fired and that their demands be met (addresses and phone numbers to send messages to are below).

Send messages of support for the strikers at LLD Polishing Company in Namibia to:
K. Kapwanga, Managing Director, LLD
Tel.: +26 461 386 150
Fax: +26461 249 253
Cell: +264811 247 249

Send copies of your messages to:
Mineworkers Union of Namibia at mun@mweb.com.na
and to Adalah-NY at: info@adalahny.org
For more information, contact Adalah-NY at: info@adalahny.org

Notes:

1. Statement of the Mine Workers Union of Namibia:

Secretary General Joseph Hengari of the strikers’ union, the Mine Workers Union of Namibia (MUN), told the press: “We propose that before discussing the appraisals, promotions and basic salary issues, the company respond to all allegations levelled against Nesongano.”

Mathew Mtembi, Chairman of the NUM local at the plant, told the New Era: “’We are here because these people did not solve our problems. We want feedback on our demands,’ referring to the 16-point agenda they gave to management a day before the commencement of the strike.” Mtembi added that if the suspensions are withdrawn they will return to work, “but will not go anywhere near their duty stations if the company does not solve their problems, amongst others better labour conditions, allowances and better salaries.”

2. Statement by COSATU on July 4 says in its initial paragraph

“The Congress of South African Trade Unions pledges its support for the 153 diamond polishers employed by the Lev Leviev Diamond (LLD) Polishing Company in Windhoek, Namibia, who have been on strike since June 19th to protest abusive managers as well as job appraisals and promotions, wages and outstanding overtime.” (The Congress of South African Trade Unions was founded in 1985. Since then COSATU has been in the forefront of the struggle for democracy and workers’ rights. Today it represents over two million workers.)

3. The BNC:

The BNC is a wide coalition of the largest Palestinian mass organizations, trade unions, networks and organizations, including:

* Council of National and Islamic Forces in Palestine
* General Union of Palestinian Workers
* Palestinian General Federation of Trade Unions
* Palestinian NGO Network (PNGO)
* Federation of Independent Trade Unions
* Union of Arab Community Based Associations (ITTIJAH)
* Palestine Right of Return Coalition
* Occupied Palestine and Golan Heights Initiative
* General Union of Palestinian Women
* Union of Palestinian Farmers
* Grassroots Palestinian Anti-Apartheid Wall Campaign (STW)
* Palestinian Campaign for the Academic and Cultural Boycott of Israel (PACBI)
* National Committee to Commemorate the Nakba
* Civic Coalition for the Defense of Palestinian Rights in Jerusalem (CCDPRJ)

Gush Shalom: Maria Aman, a disabled Palestinian infant versus the state of Israel

Press Release from Gush Shalom, 5th July 2008

Maria Aman, a Disabled Palestinian Infant versus the State of Israel

On July 7 2008, at 9 a.m., a High Court hearing will be held to look into the expulsion of Palestinian infant Maria Aman who was severely injured during a targeted attack in Gaza. Her doctors are concerned her life may be endangered if she is forced to transfer to a hospital in Ramallah.

In May 2006, infant Maria Aman was severely injured during a targeted attack in Gaza. Her mother, older brother, grandmother and aunt were killed in the attack.

Maria, now seven years old, is completely paralyzed, will have to be connected to an artificial respiration machine for the rest of her life, and is still hospitalized in the Alyn Pediatric and Adolescent Rehabilitation Hospital in Jerusalem.

The Ministry of Defense is seeking to expel the infant to a rehabilitation institution in Ramallah.

According to the doctors who are treating Maria, a transfer to Ramallah will endanger her life.

Maria Aman, who has severe spinal injuries, and sustained severe damage to her respiratory tract, has to stay within a reasonable distance of a hospital that specializes in these areas. Her life depends on special and expensive apparatus, a skilled staff that is available 24 hours a day, and ongoing maintenance of the artificial respiration machine. None of these are available in Ramallah or Gaza, or anywhere else in the Palestinian Autonomy.

Maria Aman’s legal representation, attorneys Adi Lustigman and Tamir Blank, are seeking through the High Court appeal to prevent her expulsion, to ensure her rehabilitation in the community with her father and five year old brother, and to attain permanent residency status for them in Israel.

For further information, contact:

Adv. Adi Lustigman – 052-2907805
Dalia Beker – 050-5408547
Leah Lior – 054-4419584
Manael Amuri – 052-4492303
Sanah Moussa – 050-8215530

B’Tselem: Grave water shortage in the West Bank

To view original press release from B’Tselem click here

Average water consumption in Israel is 3.5 times that in West Bank

B’Tselem today (Tuesday, 1 July) warned of a grave water shortage this summer in large areas of the West Bank. The shortage will have serious repercussions on the economy and the health of tens of thousands of Palestinians. The chronic water shortage results in large part from Israel’s discriminatory policy in distributing the joint water resources in the West Bank, and the limits it places on the Palestinian Authority’s ability to drill new wells. The shortage will be worse this summer due to the accumulated effects of recent arid years.

According to figures of the Palestinian Water Authority, 40-70 million cubic meters are lacking to meet the needs of West Bank Palestinians. Per capita consumption of water in the West Bank now stands at 66 liters a day, about two-thirds of the World Health Organization’s recommended minimum amount. In parts of the northern West Bank, water consumption is one-third the WHO minimum, and the consumption figures include water for livestock. The average water consumption per capita of Israelis is 3.5 times that of Palestinians.

Hundreds of thousands of Palestinians in the West Bank are not connected to a water network, and have to buy water from tankers, which cost three to six times more (depending on location and movement restrictions) than water supplied through a water network. Many poor families draw water from unsupervised wells, leading to an increase in infectious diseases in many rural areas in the summertime.

Even Palestinians who are connected to a water system do not enjoy a constant supply of water. Many residents report lengthy interruptions in supply. According to testimonies to B’Tselem, in the summer, the Israel water company Mekorot, reduces supply of water to Palestinian towns and villages in order to meet the increased need of the settlements.

The water shortage is compounded by theft of water by Palestinians in parts of Area C, which are under complete Israeli civil and military control. Israeli law-enforcement authorities fail to properly cope with this phenomenon.

Access to water without discrimination is recognized by international law as a fundamental human right.

Furthermore, the discrimination practiced by Israel in its division of water is a violation of its obligations under International Humanitarian Law. B’Tselem calls on the government of Israel to ensure immediate, regular, adequate supply of water to every resident of the West Bank without discrimination, and to allow the Palestinian Authority to develop new water sources.

PCHR submits lawsuit against Israeli officials via Spanish national court

To view original press release from the Palestinian Centre for Human Rights (PCHR), click here

On 24 June 2008, the Palestinian Centre for Human Rights (PCHR) filed a lawsuit at the National Court of Spain, the highest Spanish judicial council, against seven former senior Israeli military officials. These include former Defence Minister Benjamin Ben-Eliezer, his former military advisor, Michael Herzog, former Israeli Army Chief of Staff Moshe Ya’alon and Dan Halutz, former Commander of the Israeli Air Force, who are all suspected of committing a war crime in the Gaza Strip in July 2002.

PCHR filed this lawsuit on behalf of six Palestinians who survived an Israeli extra judicial execution operation in the Gaza Strip in July 2002. This is the first time survivors of an Israeli military attack have filed a lawsuit against members of the Israeli military in Spain. The National Court of Spain has accepted to examine the case, the first step towards launching a formal prosecution.

At approximately midnight on 22 July, 2002, an Israeli Air Force fighter jet dropped a 2,000 lbs. bomb on the house of Salah Shehada, Commander of Izzedeen El-Qassam Battalions, the armed wing of Hamas, who was living in the Daraj district of Gaza city. The bomb killed Salah Shehada and seventeen civilians, including his wife, his daughter, his guard, eight children (including a 2-month infant), two elderly men, and two women. In addition, seventy seven other people were injured, eleven houses were completely destroyed and thirty two houses damaged. The Government of Israel apparently confirmed to [former] Israeli Army Chief of Staff, General Moshe Ya’alon, that it was fully aware Shehada’s wife and daughter “Were close to him during the implementation of the assassination … and there was no way out of conducting the operation despite their presence.”

PCHR embarked on this ground-breaking lawsuit via the National Court of Spain after lengthy consultations with international legal experts indicted the possibility of such action with regard to lawsuits of war crimes. The Centre notes that similar cases have previously been filed in Israeli courts, but did not lead to successful prosecutions. On the contrary, the Israeli judiciary was used as a legal cover for the perpetration of war crimes, and as a tool to deliberately hinder international jurisdiction under the pretext of a “fair” national judicial system operating in Israel.

This PCHR lawsuit is part of continuing and rigorous efforts by the Centre to pursue Israeli war criminals under universal jurisdiction in courts in Switzerland, New Zealand, Britain and Spain. PCHR’s Spanish partners in this lawsuit are Antonio Segura, Gonzalo Boye, Juan Moreno and Raul Maillo, who have already worked on a number of high profile human rights cases, including representing victims of torture in Guatemala and the attempted prosecution of General Augusto Pinochet for the murder of Spanish citizens whilst he was president of Chile.

The Palestinian Centre for Human Rights previously filed a lawsuit in the UK against former Head of the Israeli Army Southern Commend, Doron Almog, for committing grave breaches of the Fourth Geneva Convention during his army service, (considered a criminal offense in the UK under the Geneva Conventions of 1949) Almog arrived in the UK on 10 September 2005, after a warrant had been issued for his arrest. Having been informed of the warrant before he disembarked, Almog subsequently fled straight back to Israel on the same plane.

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Background to Lawsuit

Antonio Segura, Gonzalo Boye, Raul Maillo and Juan Moreno, are prominent human rights lawyers with extensive experience of cases concerning International Law and Humanitarian Law. In addition to attempting to prosecute former Chilean dictator Augusto Pinochet, who was subsequently held in Britain for more than one year, they also represented the case of Jose Couso, a Spanish cameraman who was killed by US troops in Baghdad, Iraq, as well as representing victims of torture in Guatemala, and victims of the September 2004 Madrid bombing. They have subsequently become well known by human rights and solidarity groups around the world for their commitment to representing victims of human rights abuses. This lawsuit has been filed jointly with the Spanish lawyers and the Palestinian Centre for Human Rights (PCHR) on behalf of the Centre’ Director, Raji Sourani, and is the first lawsuit of its kind to be filed in Spain.

This lawsuit is the result of more than two year’s collaborative work between Palestinian human rights organizations (including the Arab Cause Solidarity Committee and the Al-Quds Association for Solidarity with People in Arab Countries) and Spanish civil society organizations that focus on justice for Palestinians. PCHR commends the decision of the National Court of Spain to examine this case further, and welcomes Spain’s decision to join the group of countries, whose courts have accepted cases against the Israeli military. To date, Great Britain, Switzerland, the Netherlands, the United States and New Zealand have also accepted cases against the Israeli military. PCHR regards this as an extremely positive step towards ensuring that victims of these war crimes eventually receive justice.

Adalah-NY to ADL: Demand that UNICEF reinstate Leviev as donor “hypocritical and outrageous”

UNICEF cut ties with Israeli diamond mogul over construction of Israeli settlements on Palestinian land

New York, NY, June 25, 2008 – The New York rights coalition Adalah-NY today labeled as “hypocritical and outrageous” the June 24 demand by The Anti-Defamation League (ADL) that UNICEF reinstate Israeli billionaire Lev Leviev as a donor. In a June 24 press release, ADL Director Abe Foxman criticized UNICEF’s decision to sever ties with Leviev, saying that it “smacks of selective political discrimination.” UNICEF announced last week that it would no longer accept donations from Lev Leviev due to his involvement in the construction of Israeli settlements in violation of international law. UNICEF’s decision came after they received letters criticizing Leviev’s activities from groups including Adalah-NY, Jews Against the Occupation, Jewish Voice for Peace, and a visit by UNICEF officials to Jayyous, one of the West Bank Palestinian communities where a Leviev company is building Israeli settlements.

Commenting on the ADL demand, Daniel Lang/Levitsky of Jews Against the Occupation, a member group in the Adalah-NY coalition, explained, “International law and universal human rights are essential principles for international organizations like UNICEF. The construction of Israeli settlements unequivocally violates both of these principles. Therefore, the ADL’s demand that UNICEF turn a blind eye to Lev Leviev’s violations of international law while disregarding basic rights for Palestinians is hypocritical and outrageous.”

Leviev admitted to settlement construction in an interview published in the Israeli newspaper Ha’aretz Daily on March 8, 2008. Adalah-NY has documented on its website multiple Israeli media reports showing that Danya Cebus, a subsidiary of Leviev’s Africa Israel, committed in 2004 to building homes in the settlement of Mattityahu East on the land of the West Bank village of Bil’in, and committed in 2007 to construction in the settlements of Maale Adumim and Har Homa, two settlements designed to separate Palestinian East Jerusalem from the West Bank. Additionally, Adalah-NY has posted on its website documents from Israel’s Companies Registrar in Jerusalem showing that Leviev is co-owner of the company Leader which is building the settlement of Zufim on the village of Jayyous’s land. According to the Israeli newspaper Yedioth Ahronoth, Leviev is also a funder of the settler organization the Land Redemption Fund which uses money, strong-arm tactics and deceit to secure Palestinian land for settlements.

Of great concern to child rights’ advocates, settlement construction by Leviev’s companies is not only destroying Palestinian communities, but is also directly harming Palestinian children. As a result of the construction of Leviev’s settlement and Israel’s wall on Jayyous’ land, the once-prosperous farming village, is now impoverished. 57% of Jayyous’ families now depend on food aid. 103 out of a total of 195 students in grades 7-12 were compelled to drop out of school, often because their parents found it difficult to cover basic school expenses. In Bil’in, a village which has conducted a three and a half year nonviolent protest campaign against the construction of Mattityahu East settlement and Israel’s wall, the Israeli military has injured around 1,000 civilian protesters and arrested 50. Around 300 of those injured and 13 of those jailed were children from Bil’in. These harsh realities led the leading child rights organization Defence for Children International – Palestine to tell UNICEF, “that settlement construction is not only illegal but also has a profound negative impact on the lives of many Palestinian children.”

Leviev’s companies’ violations are not limited to Palestine. Ethan Heitner of Adalah-NY explained, “It’s ironic that the ADL’s demand that UNICEF accept support from Leviev comes at a moment when Leviev’s disregard for basic human rights in Palestine, Namibia, Angola and New York City has never been clearer. In Namibia 200 workers at Leviev’s diamond polishing factory are currently on strike for the third time in four years. In Manhattan, at the Apthorp building, which is 50% owned by Leviev’s Africa-Israel, 88 tenants protected by rent-regulation laws are now threatened with losing their apartments as the owners convert the building into a condo, according to the New York Times. And the Angolan Government, Leviev’s close partner in the diamond industry, is attempting to expel the UN Office of the High Commissioner for Human Rights in advance of elections. It seems the ADL just wants ‘its’ human rights abuser protected from criticism.”