Did Leviev’s empire succumb to boycott?

Alternative Information Center (AIC)

2 September 2009

On 31 August 2009, Lev Leviev, the sixth richest Israeli according to Forbes Magazine, convened a press conference and announced that his company Africa Israel will be unable to meet its financial obligations and repay its debts on time. Leviev’s debt is estimated at nearly Euro 1.4 billion. While this tycoon said in August 2008 that “I will meet all of my obligations, to the last penny,” he admitted in the latest press conference, one year later, that he made serious investment mistakes.

Though Leviev originally made his fortune in the diamond industry, Africa Israel is the flagship of his business empire. The company is well known for its widespread real-estate investments, but also for the fact that it builds in Israeli settlements, or colonies, in the West Bank. The company’s construction projects in areas such as Ma’ale Adumim, Har Homa, Adam and Modi’in Ilit contribute to the ongoing efforts to dispossess Palestinians from their lands, to expand illegal Jewish settlements, entrench Israeli control, and place obstacles to ending the occupation and achieving peace between the Palestinians and Israel.

As a result of these construction projects, Leviev’s business empire came under a massive and well-coordinated worldwide boycott campaign. Although it is difficult to organize a consumer boycott on a real-estate company, because that would amount to convincing people not to live in certain areas, supporters of the Palestinian cause for justice and freedom found creative ways to apply pressure on Africa Israel.

As the crimes of Africa Israel became infamous throughout the world, international pressure on the company began to mount. Demonstrations took place in New York City, including in front of Leviev’s store on Madison Avenue. UNICEF refused a donation from him, saying “We are aware of the controversy surrounding Mr. Leviev because of his reported involvement in construction work in the occupied Palestinian territory.” The UK embassy in Tel Aviv decided not to buy its office from Africa Israel while on 23 August 2009, it was revealed that Blackrock Inc., a large British investment firm, decided to divest from Africa Israel. Eight days later, Leviev convened the press conference in which he announced his inability to repay his debts.

The question that naturally arises is whether the efforts of the boycott campaign were what eventually toppled one of Israel’s biggest tycoons. There is no way to answer this question based solely on financial data. Company financial reports do not include a clause for “losses because of boycott.” Also, it is unrealistic to assume that the massive losses of Africa Israel result solely from the boycott—it is clear from company reports that the primary reason for debt is the depreciation of real-estate assets, which the company bought at tremendous leveraging. The international capitalist crisis impacted the value of the company’s assets, making the huge company seem like a sinkhole of debt.

While it would be irresponsible to contend that Africa Israel accumulated a significant amount of its Euro 1.4 billion debt as a result of the boycott movement, this does not mean that the boycott movement did not play a key role in toppling the company. After all, a company doesn’t go into crisis because of heavy debts, but only when it cannot refinance its debts and borrow money to cover previous commitments.

The “big five” Israeli tycoons include Eliezer Fischman with debts estimated at Euro 4.2 billion, Israel Corp of the Ofer family, with debts worth Euro 7.5 billion, Delek Group of Yitzhak Tshuva, with debts amounting to about Euro 8.1 billion and I.D.B of Nochi Dankner, with debts estimated at Euro 14.9 billion. Africa Israel has the least amount of debt amongst these tycoons, but was the first to fall, partially because its image was destroyed along with its fortunes, and because investors were wary of lending money to a company beset by protests, and facing possible litigation for crimes committed in the occupied Palestinian territories. The other Israeli tycoons are not subject to widespread boycott campaigns, and are so far able to obtain sufficient credit from investors to keep doing business, despite the international crisis.

In fact, the impact of boycott cannot be directly measured in numerical terms. The educational, mobilizing and psychological impacts are always more powerful than the direct economic impact. What can be measured, however, are the decisions of companies that clearly state their decisions to withdraw from illegal projects, like the statements of Blackrock regarding Leviev, or Veolia regarding the illegal light rail in Jerusalem, or companies that succumb to economic pressure faster than companies in similar financial dire straits, such as Africa Israel succumbing before Israel’s more indebted tycoons.

It is too early to say what the consequences of Leviev’s fall could be. His creditors are mostly Israelis, and many were invested in his companies through their pension funds. The fall could be painful for tens of thousands or even hundreds of thousands of Israelis. Some of them might dedicate a moment of thought, as a result of losing money, to the reasons behind the boycott campaign, and to the fact that the crimes committed by their government and complicit corporations can affect them personally. Some may realize the occupation of Palestine is not free.

One thing is certain: the brave people who took to the streets to demand boycott, divestment and sanctions against Israel and Israeli companies received a clear message that their efforts are not in vain. Private companies that seek to make easy profits in Palestine while ignoring the injustices and illegality of Israel’s crimes there, will have to think twice about their investments. They may be required to pay a price in actual money for the moral deficit in their accounts.

Norway divests from Israel defense firm over ties to West Bank fence

Amira Hass | Ha’aretz

3 September 2009

The Norwegian government has decided to pull all of its investments from Israeli arms firm Elbit as a result of it involvement in the construction of the West Bank separation fence, the Norwegian Finance Minister announced on Thursday.

Kristin Halvorsen, speaking at a Oslo press conference, said that the decision was based on the recommendation of Norway’s Ministry of Finance council on ethics, whose role is to ensure that government investments abroad meet ethical guidelines.

“We do not wish to fund companies that so directly contribute to violations of international humanitarian law,” Halvorsen was quoted as saying in a Norwatch report.

Elbit manufactures the monitoring system installed on several parts of the West Bank separation fence.

The recommendation submitted by the Ministry of Finance council on ethics stated that it considered “the fund’s investment in Elbit to constitute an unacceptable risk of complicity in serious violations of fundamental ethical norms.”

The council is thus explicitly referring to a 2004 International Court of Justice ruling, stating that the separation fence represented a breach of international law.

Palestinian as well as Israeli anti-occupation groups, aided by Norwegian leftists, have all protested extensively against Norwegian involvement in companies involved in West Bank development and construction over last two years, which have seen an increase in Norway’s investment in Israeli firms.

Norway’s pension fund is invested in 41 different Israeli companies.

A research project by the Coalition of Women for Peace called “Who profits from the occupation” found that almost two thirds of those firms are involved in West Bank construction and development.

Naomi Klein shows you can boycott Israel without cutting off dialogue over Palestine

Cecilie Surasky | AlterNet

1 September 2009

Few global-justice campaigns are more polarizing, even explosive, than the effort to use international boycotts, divestment and sanctions to pressure Israel to end its 42-year occupation of the Palestinian territories.

Just ask Neve Gordon.

Recently, Gordon, head of the political science department at Ben-Gurion University and a longtime peace activist, published a wrenching op-ed in the Los Angeles Times endorsing the Palestinian call for Boycott, Divestment and Sanctions (BDS).

After initially opposing the tactic, he became convinced, he wrote, that outside pressure “is the only way that Israel can be saved from itself.”

He was braced for a backlash, but nothing like what he has faced over the past few weeks — members of the Israeli Knesset from a range of political parties called for his immediate sacking, the education minister called his article “repugnant,” and his university president threw him under the bus saying, “Academic personalities who feel this way are invited to look for an academic and personal home elsewhere.” She then hinted that his statement might have been an act of treason.

Clearly, BDS, part of the so-called South Africa strategy, crosses a line in the sand for many who believe that putting economic pressure on Israel is necessarily anti-Jewish.

But for proponents, BDS is a proven, nonviolent tactic that can pressure Israel to abide by international law, making an impact where various government efforts have failed and failed miserably.

Although Palestinian Civil Society made the BDS call in 2005, it gained momentum after Israel’s brutal assault on Gaza this past December and January.

Now it is undeniably growing, particularly in the arts world. Respected writers such as John Berger, Eduardo Galeano and Adrienne Rich have all endorsed it; and Israeli film festivals have faced a string of boycotts.

Most recently, the Toronto International Film Festival’s announcement of a special “city-to-city” celebration of Tel Aviv is threatening to turn the second most important film festival in the world (after Cannes) into a site of angry protests.

One of the most high-profile figures to endorse the call for BDS is Canadian author and activist Naomi Klein, who typically enjoys overflow crowds, extensive media coverage and brisk book sales when she goes on international book tours.

When it came to publishing her latest best-seller, The Shock Doctrine, in Hebrew and Arabic, Klein decided the political situation in Israel and Palestine called for an entirely different approach.

In opposition to Israel’s occupation, she chose not to sign a traditional book deal with advances and royalties. Instead, she donated the book to Andalus, a publishing house that works actively against the occupation. It is the only Israeli publisher devoted exclusively to translating Arabic writing into Hebrew, something its founder Yael Lerer describes as “publishing as an act of resistance.”

Klein and Lerer also set out to craft a book tour that would honor the Palestinian call for a cultural boycott of Israel while also showing that boycotts need not cut off much-needed communication and dialogue.

With this in mind, Klein and Lerer, used the tour to draw attention to the boycott and the Palestinian struggle and to spark an internal Israeli dialogue about boycott as a way to pressure Israel to live up to international law.

Last month in Tel Aviv, I sat down with Klein and Lerer to ask about the goals, meaning and nuts and bolts of implementing a cultural boycott, and also why Lerer, a Jewish Israeli, is telling the world, “Please, boycott me.”

Here are some excerpts from that interview. — Cecilie Surasky
* * *

Cecilie Surasky: What is the call for Boycott, Divestment, and Sanctions? Why are you supporting it?

Naomi Klein: Boycott, Divestment, and Sanctions: It’s a tactic with a very clear goal, to force Israel to comply with international law.

The call [for BDS] was made in 2005 by an extraordinarily broad range of Palestinian civil society groups, political parties, and trade unions. But it didn’t really start to gain an international profile until the Israeli attack on Lebanon in the summer of 2006.

In the midst of the war, the writer John Berger sent out a letter, signed by many prominent artists, mostly European, declaring their support for the boycott strategy. When that letter surfaced, I was in the middle of writing The Shock Doctrine, and I made a personal decision at the time that when the book came out, I wouldn’t do what I had done with the Hebrew translations of my previous two books, which was to publish with a fairly traditional commercial publisher.

Instead, I planned to do what John Berger was calling for, which was to find a way to publish in Hebrew that directly supports groups that are working to end the occupation. So that’s how I met Yael, who is anything but a traditional Israeli publisher, and who has been outspoken in her support of BDS, at genuine professional cost.

Surasky: You must have grappled with this idea of a cultural boycott. Many critics would say that it shuts down communication rather than opening it up. What brought you to take this step?

Klein: Well, it has to do with the fact that the Israeli government openly uses culture as a military tool. Though Israeli officials believe they are winning the actual war for land, they also feel that the country suffers because most of what the world hears about the region on the news is about the conflict: militarization, lawlessness, the occupation and Gaza.

So the foreign ministry launched a campaign called “Israel Beyond the Conflict,” which involves using culture, film, books, the arts, tourism and academia to create all kinds of alliances between Western countries and the state of Israel, and to promote the image of a normal, happy country, rather than an aggressive occupying power. That’s why we are always hearing about film festivals and book fairs with a special “Israel spotlight.”

And so, even though in general I would totally agree that culture is positive — books are positive and film is positive and communication is wonderful — we have to understand that we are dealing with a state strategy to co-opt all of that to make a brutal occupation more palatable.

There are other things that also fall into that category: the state of Israel has an open strategy of enlisting gay and lesbian rights and feminism into the conflict, pitting Hamas’s fundamentalism against Israel’s supposed enlightened liberalism as another justification for collective punishment of Palestinians (never mind the ever-growing power and intolerance of Israel’s ultra-orthodox Jews). It’s a very sophisticated strategy.

That means we have to come up with equally sophisticated strategies that defend culture and human rights on the one hand, but that, on the other, reject all attempts to use our work and our values to whitewash the ugly reality of occupation and segregation.

Surasky: You’ve done a book tour unlike any other book tour. Yael Lerer, your company, Andalus, published the book in Hebrew. On the face of it, there’s an inherent contradiction in coming to Israel-Palestine and doing a book tour while supporting a boycott. Yet you’ve managed to make that work. Can you explain?

Yael Lerer: Andalus has been dealing with this contradiction from the very beginning. We publish Arab writers that oppose “normalization” of the occupation — like we do. And we always try to find ways to deal with these contradictions.

Actually, this is the first time we have had a book tour, because our normal way of dealing with these contradictions is to translate the books but not hold any celebrations. Our writers never come here. So here we had this challenge for the first time.

We made the big launch of the Hebrew edition not in Tel Aviv but in Haifa, at an Arab theater, where our hosts were not Israeli official institutions, but Palestinian minority institutions. (As you know, there is a minority of 20 percent Palestinian within Israel.)

But this event was not aimed only at this community — we invited Israeli Jews to come as well. One could read everywhere in Hebrew, “Naomi Klein is coming to Haifa, come and hear her.”

At the same time, it was important to have the first book events in East Jerusalem and Ramallah, with the Arabic edition, and that before all the book events, Naomi participated in a demonstration in Bi’lin against the separation wall.

So we spoke to the Israeli public at the events and through the Israeli media. The book is available in Hebrew. But, at the same time, we expressed a strong anti-normalization position. We were not doing it like everything is normal.

Klein: And that’s the point. This is not a boycott of Israelis. It’s a boycott of pretending that everything is normal in Israel, because that’s what cultural producers are usually invited to do.

There has been a huge amount of misrepresentation about the boycott campaign, claiming that it is a boycott of Israelis, or Jews, or that it’s anti-Semitic. We are trying to address those misconceptions with this tour. There are some clear rules: We’re not going to work with a state-sponsored book fair, for instance. I have refused invitations to come to Israel, to speak at state-sponsored film festivals and things like that.

But If I were boycotting Israelis, I wouldn’t be in Israel engaging with Israelis. I would have stayed home.

One of the things we are trying to draw out with this tour is that for foreigners like me, however you choose to come to Israel, you are making choices, and you are taking a side. It’s possible to pretend that you are not, but that’s only because of Israel’s success in making the conflict invisible inside a carefully constructed bubble.

In my book there is a long chapter about Israel and the construction of the homeland security state. It looks closely at the companies that build the high-tech walls and fences and checkpoints and that keep Palestinians in the Occupied Territories in a state of constant surveillance.

It is because of the effectiveness of the homeland security sector that it’s possible to come to cities like Tel Aviv and be almost completely oblivious to what is happening in Ramallah, in Gaza. This state is like a giant gated community. It has perfected the art of constructing a security bubble, and that is, in a sense, its brand.

It’s a brand that is sold to Diaspora Jews like me. It says: “We can keep you safe, we can create, in a sea of enemies, a bubble of safety for you to enjoy, to have a wonderful beach holiday, to go to film festivals and book festivals — even as we bomb Gaza, even as we turn the West Bank into a chain of mini-Bantustans, surrounded by walls and expanding settlements, and roads Palestinians don’t have access to.”

These are two sides of the same coin: the bubble of normalcy, the brutality of enclosure. So it is not a politically neutral act to partake of that bubble.

This is a very important dialogue to have, and that’s why it was so important for us to publish the book in Hebrew — both to get the information out there, and to challenge people who are misrepresenting this tactic as being a boycott of Jews or a boycott of Israelis. We’re not doing that at all.

I donated the royalties to Andalus so that I’m not personally profiting from this, and I chose to work with Andalus because it is an activist publisher with a clear anti-occupation stand.

If the book does well, then it helps them to continue their work. The boycott campaign doesn’t ask people not to come to Israel or the Occupied Territories to share ideas and art — it asks that we do so in clear opposition to occupation and discrimination.

Surasky: And how has the Israeli media responded to the first pro-boycott book tour?

Klein: Not well. One of the contradictions we’re facing is that we really wanted to spark a debate in Israel, because while BDS is being debated in Europe and Canada, it’s almost invisible inside Israel; there’s real censorship around this issue.

Virtually the only perspective you hear is, “Oh, they’re just a bunch of anti-Semites, they hate Israelis, they hate Jews” — very, very distorted.

So our idea was to make it harder to distort by putting some facts on the ground and saying: “Look, we’ve translated this book, I’m here in Israel. Let’s have some of that dialogue and communication Israel is supposedly so intent on defending.”

What we’re finding is a lot of interest from Israelis but a huge amount of resistance from the Israeli media to just having the debate — both about the role of the security sector in lobbying against peace and the possible role of a boycott movement in creating new lobbies for peace.

Once I made my boycott position clear in Ha’aretz, a lot of media canceled on us, which doesn’t say much for the spectrum of debate, but it’s not all that surprising either!

Surasky: What is the objective of this campaign? What would you like to see coming out of this?

Klein: It’s modeled on the South Africa strategy that the anti-apartheid struggle used against South Africa very successfully in the 1980s. It had academic boycotts, cultural boycotts, consumer boycotts.

But the really big key economic lever was universities and municipalities divesting from companies that were doing business in apartheid South Africa. The campaign started to be too costly for both South African firms and for Western multinationals with major investments in South Africa.

There was also a situation a little bit similar with Israel where you had a white minority in South Africa that very much saw itself as being part of Europe, of being part of the West. And suddenly they weren’t getting the American and European concerts they wanted, they weren’t getting the book fairs they wanted, and they didn’t like that.

So they put pressure on their government to make it stop, even though white South Africans felt self-righteous and enormously enraged by the boycotts and sanctions.

The hope is that these sorts of dynamics can work in Israel, because it is so important to the Israeli self-image that the country be seen as an honorary member of the E.U. or an adjunct to the United States.

When writers and artists stop participating in the Israeli government’s strategy to use culture to hide what’s on the other side of the concrete walls, Israelis may eventually decide that those walls are a liability and decide to take them down

Lerer: I completely agree. As an Israeli citizen, I need boycotts for two reasons.

First, I want Israelis to feel more strongly that everything is not normal. It means nothing for many self-identified left-wing Israelis to say, “It’s awful, what’s going on in Gaza and in Hebron,” while continuing their daily lives like everything is fine.

They go to the shows and they go to the concerts. These people are the elites in this country. These are the journalists that work at the newspapers. I want to move them. I want to shake these people up and make them understand they cannot continue their normal life when Palestinians in Qalqiliya [a West Bank city completely surrounded by the separation barrier] — only 15 minutes away from Tel Aviv — are in prison.

The second reason I need the boycott is because I lost the hope of creating change from within, which was what I tried to do as an activist for many years.

Twenty years ago, I could never have imagined this semi-apartheid situation. I care about the future in this place. I care about my fellow Israelis. I have a huge family here and many, many friends.

I know many people who don’t have any other passports and who don’t have any other options. I think that the solution for this place, the only possible future, is living together. Unfortunately, at this stage, I don’t see how this future can be achieved without international pressure.

And I think that boycott is a nonviolent tool that has already shown us that it can work. So I’m asking: Please boycott me.

Klein: I also think we need to be very clear: This is an extraordinarily asymmetrical conflict where the Israeli state is the biggest boycotter of all. The economy in Gaza and the West Bank has been utterly destroyed by closures.

Beyond shutting down the borders so producers in Gaza couldn’t get fruits and vegetables out, you had [over 200] factories in Gaza hit during the attack in late December and January. It was a systematic destruction of that economy to try to “teach Gaza a lesson” for having voted for Hamas. So, boycotts are happening.

The way I see BDS is that this is a tactic that we are resorting to because of Israeli impunity. There is an absolute unwillingness to apply international law to the Israeli state. Hamas has committed war crimes, but there is absolutely an international response to those crimes. [There is no response to Israeli war crimes, which are on an exponentially larger scale.]

We were just in Gaza. The thing that really struck me was the sense of shock among so many people that, even after the December/January attacks, even after hundreds of children were killed, there have been no actions taken by the international community to hold Israel accountable.

I mean, this was a display of utter impunity and disdain for international law, for the laws of war — which, by the way, were created in direct response to the Nazi atrocities of the second World War. And yet, not only are there no consequences for those crimes, but the illegal siege of Gaza is still on.

What BDS is saying is our governments have failed. The United Nations has failed. The so-called international community is a joke. We have to fill the vacuum.

I also believe this movement could be a game-changer in the United States. Let’s remember that a huge part of the success of the anti-apartheid struggle in the ’80s was due to popular education.

Once you said, “Our school or town should divest from apartheid South Africa,” you immediately had to have a big teach-in where you had to explain what apartheid was, and you had to make your case persuasively. And people were persuaded.

The Palestinian BDS call could play that kind of movement-building role today, giving people something concrete they can organize around in their schools and communities.

Whether he recognizes it or not, [President Barack] Obama needs the Palestinian struggle to be a popular, grassroots issue like the South African struggle was. He has taken very small steps to forge a new kind of deal with Israel, but he’s facing enormous push-back from the right. There has to be a counterpressure on Obama saying, “Actually, you’re not going far enough. Excuse me, no new settlements? How about no settlements, period?”

So the only hope of not just having him hold to this tentative position, but actually improving this position, is if there’s a popular movement that is very clear in its demands for Israel to abide by international law on all fronts, and that’s exactly what BDS is.

Surasky: How are Israelis on the left responding to the idea of a boycott?

Lerer: Something happened in the last war in Gaza in January. Five hundred and forty Israelis — including prominent academics, actors and filmmakers — signed a petition asking for international pressure on Israel.

One paragraph in this petition said that only boycott helped in the South Africa case. It was not yet a direct call for boycott, but it was a very important step. Now we are forming a new group of Israeli citizens who support the Palestinian call for boycott — Boycott From Within (BFW).

In 2005, we tried to arrange a group of artists to support the Palestinian call for academic and cultural boycott, and we failed. People told us, “How can we boycott ourselves? It is too difficult, it is too radical.” Many of these people have now signed the Gaza petition, and they are joining our new BFW group.

They understood that it’s not about boycotting ourselves, but about asking the international community, asking our fellow citizens everywhere in the world for action: Please help us by boycotting us.

Surasky: Let’s talk about specific examples of other people who are supporting this call.

Klein: Most artists do not know about the call for boycott, divestment and sanctions, even though it comes from hundreds of Palestinian groups. We’re working within a context where Palestinian voices are virtually inaudible in the West.

So people will come to Israel to accept an award or agree to play a concert in Tel Aviv, and they don’t know that they are essentially crossing a picket line. Most don’t even know a call has been made for nonviolent resistance by a people who, let’s remember, have been utterly vilified for using any kind of armed resistance. I mean come on: If you reject armed resistance, and you reject boycotts and sanctions, what’s left? Online petitions? Do we really think that’s going to end the occupation?

But yes, some filmmakers who are politically active have decided not to participate in Israeli or Israeli-sponsored film festivals.

Ken Loach has pulled out of the Melbourne International Film Festival because it was sponsored by the Israeli government. The Canadian filmmaker John Greyson pulled a terrific film called Fig Trees from this year’s gay and lesbian film festival in Tel Aviv.

More recently, the Yes Men wrote a really thoughtful letter to the Jerusalem Film Festival explaining why they decided to pull their new film, The Yes Men Save the World, from the festival.

And now there is some talk of organizing a pro-BDS film festival in Ramallah, once again to boycott normalcy but to still get these films out there.

Surasky: I just read a criticism of BDS that said, “You’re not calling for a boycott of North Korea, or the United States for that matter because of Afghanistan or Iraq. So, that makes this anti-Semitic.” How do you address this criticism?

Klein: I’ve heard that too, but I’m not calling for a boycott of anyone. I am respecting a call for a boycott that has been made by hundreds of Palestinian groups.

I believe in the principle that people under oppressed circumstances have a right to self-determination. That’s at the heart of this struggle. This is a nonviolent tactic that has been selected by a broad range of civil society groups.

Iraqis, so far as I know, have not called for BDS tactics against the United States, though it would certainly be their right. And yet some people act as if I sort of made it up in my bedroom like, “who should I boycott today? Eenie-meenie-miney-mo, North Korea, Zimbabwe, Burma, Israel!”

Once again, the only reason this can happen is because Palestinian voices are so effectively marginalized in the Western press.

By the way, most of the examples that are trotted out in these debates are examples where there are very clear state sanctions against these countries. So we’re not dealing with impunity as we are with Israel.

In this case, you need a grassroots project to fill in where governments have completely abdicated their responsibility to exert pressure on behalf of international law.

Lerer: But not only that — these countries don’t have these film festivals, and Madonna is not going to have a concert in North Korea.

The problem here is that the international community treats Israel like it was a normal, European, Western state. And this is the basis of the boycott call — the special relationship that Israeli universities have with European universities and with universities in the United States, which universities in Zimbabwe don’t have.

I do believe that Israel could not continue the occupation for one single day without the support of the United States and the European Union. The Western community supports the occupation. Like Naomi was saying, not doing something is the active thing.

Surasky: Some say, “This is not going to help. Israelis see themselves under siege, we Jews see ourselves under siege. It’s actually going to make Israelis less open to peace.”

Klein: It’s inevitable that, at least in the short term, it’s going to feed this Israeli feeling of being under siege.

It’s not rational, because in fact, what we’re dealing with is a context where Israel has been rewarded. If we look at these key years since the election of Hamas, when the siege on Gaza became utterly brutal and just undeniably illegal, trade with Israel has actually increased dramatically. There have been new special agreements launched with the European Union and Israel, with Latin America. Last year, Israeli exports to Canada went up 45 percent.

Even though Israel is being rewarded for this criminality and is getting away with just extraordinary violence, the feeling among many Israelis of being under siege is increasing.

The question is, do we just cater to this irrationality? Because if we just cater to it, that means we do nothing, we voluntarily surrender the most effective tools in the nonviolent arsenal.

Israel, despite overwhelming evidence to the contrary, believes that the whole world is against it and that all the criticism it faces flows from anti-Semitism.

This is simply untrue, and as activists, we can no longer allow one nation’s victim complex to trump the very real victimization of the Palestinian people.

Investment giant BlackRock divests from Leviev’s Africa-Israel due to Israeli settlements

Adalah-NY

25 August 2009

In another stunning blow to Israeli settlement-builder Lev Leviev, the Israeli business magazine Globes Online has reported that BlackRock Inc., one of the world’s largest investment management firms, has divested from Leviev’s Africa-Israel Investments. The Globes article follows a similar report by the Norwegian news service Norwatch. The move comes after a nearly two-year long global boycott campaign of Leviev’s businesses that developed in response to the billionaire’s construction activities in at least four Israeli settlements in the Occupied West Bank, all of which violate international law, and his abusive labor practices in the diamond industry in Angola and Namibia.

In an August 23 article, Globes noted that BlackRock has been under pressure from three Norwegian financial institutions to remove Africa-Israel from its portfolio of funds offered to investors. Globes reports that BlackRock, once the second-largest investor in Africa-Israel, had formerly offered Africa-Israel as an investment in its BlackRock Emerging Europe fund, which the Norwegian banks in turn offered to their clients. The information manager for Skandiabanken, one of the three banks that requested that BlackRock divest from Africa-Israel, is quoted in the Globes article as saying “We have received confirmation that BlackRock that Africa-Israel Investments no longer is part of their portfolio. The confirmation of the divestment was sent to Skandiabanken the day before yesterday on August 18.

BlackRock expects to complete the acquisition of Barclays bank by the end of 2009. Barclays has also been cited as a major owner of Africa-Israel stocks.

The campaign against Leviev, launched in November, 2007 by Adalah-NY, is part of a growing global movement of boycott, divestment and sanctions (BDS) aimed at stopping Israeli rights violations against Palestinians. Ethan Heitner from Adalah-NY explained, “We are elated at BlackRock’s decision, but expect BlackRock to ensure, as it purchases Barclays, another a major owner of Africa-Israel, that Barclays also divests from Africa-Israel. We call on other businesses with investments in Israel to follow BlackRock in ending their complicity in Israel’s crimes.”

BlackRock’s move comes after the March decision by the government of the United Kingdom to drop plans to move its Tel Aviv embassy into a building owned by Africa-Israel. Leviev has also been renounced by UNICEF and Oxfam, and major Hollywood stars have quietly distanced themselves from the settlement-builder.

In a related development in May, eleven organizations, including organizations from Norway, Palestine, Israel and other countries, along with Adalah-NY, called upon the Norwegian Government Pension Fund to divest from Africa-Israel. The fund is reportedly the fifth-largest shareholder of Africa-Israel. In a May 15th response to Adalah-NY, Aslak Skancke of The Norwegian government Pension Fund’s Council on Ethics noted that the fund is assessing “whether companies in the Fund have activities which can be considered supportive of violations of international humanitarian law. One area of such interest is the construction of various forms of infrastructure in occupied territories.” A decision on the Norwegian government pension fund investment in Africa-Israel is expected in the fall.

Israeli settlements violate international law and cut the West Bank into disconnected Bantustans. Leviev’s company Africa-Israel has built housing units on occupied Palestinian land in such settlements as Mattityahu East on the land of the village of Bil’in, and in the settlements of Har Homa and Maale Adumim. Leviev’s company Leader owns and builds settlement homes in the settlement of Zufim on the land of the village of Jayyous.

Derailing injustice: Palestinian civil resistance to the “Jerusalem Light Rail”

Omar Barghoutti | Jerusalem Quarterly

25 August 2009

“I believe that this [Jerusalem Light Rail] should be done, and in any event, anything that can be done to strengthen Jerusalem, construct it, expand it and sustain it for eternity as the capital of the Jewish people and the united capital of the State of Israel, should be done.”
Ariel Sharon, August 2005

Introduction

“Swimming against the tide” is regarded by many cultures, including Arab culture, as unwise, if not altogether irrational and desperately futile; swimming against the tide and hoping to reach your desired destination would, then, defy common sense and call into question one’s sanity. Taking this defiance to a new level, the Palestinian civil society campaign for Boycott, Divestment

and Sanctions (BDS)1 and its international supporters in the solidarity movement have been contributing to resisting Israel’s multi-faceted oppression against the indigenous people of Palestine by mobilizing international civil society to apply effective, nonviolent and sustained pressure against it until it fully complies with its obligations under international law and respects Palestinian rights.

The campaign against the “Jerusalem Light Rail” is a case in point, that tellingly illustrates the potency and potential of such a struggle as well as the challenges stacked up against it.

Realizing Herzl’s Vision

According to its official brochure,2 the Jerusalem Light Rail, JLR, is intended to fulfill Theodore Herzl’s vision of Jerusalem: “modern neighborhoods with electric lines, tree-lined boulevards… a metropolis of the 20th century.” The other crucial element of Herzl’s Eurocentric vision for the entire land of Palestine as a Jewish state was even more faithfully adhered to by the project planners.

Thus, while the professed goals of the JLR cite typical urban planning priorities, such as relieving traffic congestion and renewal of the city center, the actual map of the JLR’s planned route and stations reveal the unspoken underlying objective of the project: to irreversibly entrench the “Judaization” of Jerusalem3 and perpetuate its current reality as a unified city with a predominantly Jewish population under Israeli control. By connecting its most significant colonies, or “settlement blocs,” illegally built on the occupied Palestinian territory (OPT) including East Jerusalem,4 in contravention of international law,5 Israel hopes to use the JLR – as part of a comprehensive, long-term strategy that includes the Wall and other repressive measures6 – to cement the integration of those blocs into an ever sprawling “Greater Jerusalem,” thereby creating the third most important fact on the ground, after the 1948 nakba7 with the mass forcible displacement of hundreds of thousands of Palestinians that accompanied it and the 1967 military occupation of the West Bank and Gaza.

The political and legal implications of the JLR cannot be fully appreciated unless seen within the context of Israel’s strategic plans for Jerusalem, particularly the “secret plan”8 sponsored by the Israeli Prime Minister’s Office and Mayor of Jerusalem to “strengthen Jerusalem as the capital of the State of Israel.” This plan, exposed recently in Haaretz, aims at creating Israeli “hegemony” over the area around the Old City, “inspired by extreme right-wing ideology.” A recent Palestinian position paper9 on the JLR states that, “The overarching policy framework for Jerusalem is illustrated most fully by the Master Plan 2020 document (2004), which outlines measures to prevent the growth of Palestinian communities and encourage the growth of Jewish settlements, with the goal of creating a 70:30 ratio of Jews to Palestinians, as stipulated by government decisions. Doing this involves ethnically cleansing Palestinian communities from Jerusalem through a variety of mechanisms, including the Wall and the revocation of identity papers.”

The JLR is the brainchild of the Jerusalem Transportation Master Plan, jointly administered by the Ministry of Transport and the Jerusalem Municipality. Its strategic role in Israel’s colonial plans for Jerusalem stems from the fact that it purports to treat the burgeoning inadequacy of the existing Israeli road and mass transit system in accommodating the fast rising needs associated with the uncontrolled growth of Israel’s illegal colonies in the occupied territory, especially since the signature of the Oslo peace accords between Israel and the Palestine Liberation Organization in 1993, a period that has witnessed almost a doubling of the population of Jewish settlers in the OPT. As the official route of the JLR reveals,10 the tram’s various routes will predominantly intended to serve Israel’s illegal colonies in or surrounding occupied East Jerusalem, such as: Atarot Airport, Neve Ya’kov, Pisgat Ze’ev, Ramot, Har Ha-Tzofim Campus of the Hebrew University and Gilo, among others.

Perpetuating Injustice: The Legal Case against the JLR

Based on the Fourth Geneva Convention, numerous UN resolutions have condemned as illegal Israel’s colonies (settlements) that are built on what is internationally recognized to be occupied Palestinian land. The most recent reaffirmation of this verdict of international law came from the International Court of Justice, which on 9th July 2004 issued its advisory opinion against Israel’s Wall and colonies built in the OPT,11 a ruling that is widely recognized as nothing less than a legal and political watershed in the Palestinian struggle against Israel’s occupation. Infrastructure and other projects that serve these colonies or act in any way to perpetuate their existence are, by extension, illegal. Not only does the JLR significantly contribute to Israeli designs to make its illegal annexation of occupied Palestinian territory irreversible; it also provides the colonies with a crucial service, connecting them to Israel. Accordingly, the JLR is considered an integral part of Israel’s illegal colonial regime and, therefore, a violation of international law that may amount to a war crime. Companies that participate in building and running the JLR or in constructing, maintaining and servicing Israeli colonies,12 more generally, can therefore be regarded as “aiding and abetting” these crimes.

Furthermore, citing the Hague Convention IV on Respecting the Laws and Customs of War on Land, 18 October 1907, the PLO’s Negotiation Support Unit argues:13

“As an occupant, Israel has no sovereign rights or title to the OPT, including East Jerusalem. Consequently, it may only undertake changes in East Jerusalem and the rest of the OPT for the benefit of the occupied Palestinian population or for military necessity. As the Light Rail neither caters to the needs of Palestinian civilians nor serves any genuine military purpose, the Light Rail constitutes an illegal change to East Jerusalem and neighbouring West Bank areas.”

The above furnished the legal basis of a lawsuit in France against Veolia and Alstom, two of the constituent companies involved in the consortium that signed the contract with the State of Israel to build and manage the JLR project. Both companies are French conglomerates involved in vast projects in dozens of countries around the world, mostly focusing on, inter alia, transportation, water and sanitation. The unprecedented case, presented before the court of Nanterre by the Palestine Liberation Organization (PLO) and the Association France-Palestine Solidarité (AFPS) in 2007,14 while still being deliberated, has made enough progress to inspire similar action elsewhere against companies implicated in the JLR project. In April of this year, already, the High Court of Nanterre, France (Tribunal de Grande Instance de Nanterre), according to an AFPS press statement,15 has thwarted relentless efforts by Veolia and Alstom to have the case dismissed by declaring that it has jurisdiction to hear the legal claim brought by AFPS against the companies regarding the construction and operation of a light railway in East Jerusalem. Moreover, in response to a claim by Veolia and Alstom that the French court lacks jurisdiction in this case, based on the fact that the state of Israel enjoys sovereign immunity from being sued in foreign courts, the Nanterre court ruled that:

“[A]part from the fact that the State of Israel is not party to this action, this state could not seriously have standing in relation to disputed contracts in the guise of a sovereign state since this state is in fact an occupying power of the area in the West Bank where the light rail system is being built and where its exploitation is contentious, an area recognized by the international community and the International Court of Justice as being part of the Palestinian territory.”

In the United Kingdom, for instance, Daniel Machover, a prominent attorney and cofounder of Lawyers for Palestinian Human Rights, has adopted an innovative legal approach to challenge Veolia and other companies in its category. Machover invoked the UK 2006 Public Procurement Regulations, which is the British implementing measure of EU Directive 2004/18/EC16 to argue that a local authority may be subjected to legal challenge if it does not agree to exclude Veolia as an economic operator from a public bid. Specifically, he bases his case on Article 45 of the EU Directive, which includes the provision that any economic operator “may be excluded from participation in a contract” if it “has been guilty of grave professional misconduct proven by any means which the contracting authorities can demonstrate,” among others clauses.

Machover argues that this type of discretionary decision by a public body in the UK can be subjected to a legal challenge in the High Court. It is expected that, presented with hard evidence of Veolia’s “grave professional misconduct,” coupled with substantial public pressure, and a credible threat of High Court involvement, local authorities may opt to exclude Veolia to avoid the trouble. If this approach yields positive results, it is likely to be emulated across EU states, where the same laws apply.
Palestinian Civil Society Fights Back

Despite the ICJ’s unambiguous ruling on the Wall and settlements, no serious efforts were exerted by the Palestinian leadership, the Arab League, the UN, the EU or any other international power to implement the far-reaching recommendations in the advisory opinion, effectively allowing Israel to continue its voracious colonization project in the occupied West Bank. This astounding failure by the so-called international community to hold Israel accountable to international law, or at least to end its unchallenged impunity, precipitated enough frustration and anger among Palestinians everywhere to trigger new thinking on how to most effectively attain justice and comprehensive peace that is based on it.

On the 9th July 2005, on the first anniversary of the ICJ’s ruling against the Wall, more than 170 Palestinian political parties, unions, organizations and networks, representing a substantive majority of Palestinian civil society, issued a historic Call for Boycott, Divestment and Sanctions, or BDS,17 against Israel until it fulfills its obligations under international law and ends its three basic forms of injustice – occupation and colonization, institutionalized racial discrimination, and denial of UN-sanctioned refugee rights. The appeal said:

We, representatives of Palestinian civil society, call upon international civil society organizations and people of conscience all over the world to impose broad boycotts and implement divestment initiatives against Israel similar to those applied to South Africa in the apartheid era. We appeal to you to pressure your respective states to impose embargoes and sanctions against Israel. We also invite conscientious Israelis to support this Call, for the sake of justice and genuine peace.

Coming a year after the Palestinian call for an academic and cultural boycott against Israel18 and inspired by the century-old Palestinian civil resistance to the Zionist conquest in its various manifestations and, more recently, by the struggle against apartheid in South Africa, the BDS Call expanded the scope of the earlier appeal to include all domains: economic, financial and sports, among others. While BDS was at first received with mixed reactions by international civil society and vigorously

opposed by Israel, its lobby groups and support networks in the West, it succeeded in a fairly short period of time in putting the Israel boycott on the agenda of international solidarity groups and some trade unions and faith-based organizations. With its distinctly rights-based, approach, the BDS Call appealed to wide sectors in international civil society, inspiring and mobilizing them into launching effective, context-sensitive and sustainable campaigns against Israel and institutions – Israeli and international – that are complicit in its occupation and other forms of oppression.

Support for BDS grew steadily and sometimes impressively19 ever since the Call was launched. Palpable gains were made after the Palestinian leadership of the movement, the BDS National Committee, or BNC,20was announced in May 2008 and after that leadership succeeded, in partnership with Mewando, the leading Basque solidarity network, in organizing the first international BDS conference, the Bilbao Initiative,21 as well as in issuing a ground breaking, in-depth analysis of Israel’s regime over the Palestinian people.22 The illegal and patently immoral Israeli siege of the occupied Gaza Strip, with its direct and well-documented human impact, which includes a sharp rise in poverty, disease and mortality rates, and that culminated in the recent war of aggression. These factors played an undeniable role in turning BDS into a truly global movement, winning the crucial endorsement of a number of key intellectual and cultural figures as well as an increasing number of major trade unions and other civil society associations. As a result, there was a surge in creative and institutionally sustainable BDS measures adopted by individuals and groups across the world, indicated beyond doubt that a new, unprecedented era of Palestine solidarity has arrived, evoking memories of the fight against South African apartheid.23

In this context, the ground was prepared for Palestinian and international civil society to take concrete action against the light rail project in Jerusalem. In fact, the BNC has directly appealed to and worked with solidarity movements in several countries to launch or expand and co-ordinate campaigns against companies involved in the JLR project as the most effective means of resisting the project.
Derailing Veolia and Alstom

One of the earlier BNC efforts to counter JLR-implicated corporations was the appeal24 sent to the Kingdom of Saudi Arabia by the Palestinian Grassroots Anti-Apartheid Wall Campaign and the Civic Coalition for Defending the Palestinians’ Rights in Jerusalem, urging the Saudi government not to award Alstom a $2.5 billion contract to build a power plant. On top of presenting the legal, political and moral arguments against Alstom, the document detailed the historic commitment of Saudi Arabia to the Palestinian cause in general and the question of occupied Jerusalem in particular, concluding that awarding this lucrative contract to a company that is colluding in Israel’s declared intent to further colonize and “Judaize” the Holy City would, for all intents and purposes, undermine these unique commitments, not to mention obligations under international law. Needless to say, the Saudi government has yet to respond to the appeal, let alone heed it. In fact, according to a recent report in the Dubai-based Gulf News,25 “Alstom is part of a consortium awarded a $1.8 billion (Dh6.6 billion) civil works contract in March for the Makkah-Madinah railway, the Haramain Express.” It is a bitter irony that Saudi Arabia is allowing the same company that is unapologetically complicit in colonizing Jerusalem that is regarded in Islam as a holy city, to build a railway connecting Islam’s two holiest cities, Mecca and Medina. This has prompted even the normally complacent Palestinian Authority to register an official complaint with the Saudis and try to convince them to scrap Alstom’s involvement in the Haramain Express.26

In Europe, however, the scene was friendlier for the campaign against the JLR partner companies. At the aforementioned Bilbao Initiative, human rights lawyers, activists and trade unionists, in full coordination with the BDS National Committee, launched several focused BDS campaigns, targeting corporations and institutions that are unmistakably and quite manifestly complicit in aspects of Israel’s multifaceted system of oppression against the Palestinians. Thus the “Derail Veolia” campaign was born, aiming to coordinate already existing efforts in several countries and/or launching new ones to pressure Veolia, as well as Alstom, to withdraw from the illegal project by threatening them with public boycott campaigns if they failed to do so.

The examples below are from the most significant local campaigns against the two French companies involved in the JLR project shed some light on the innovative and principled tactics used and the impressive achievements reached to date.

After a long pressure campaign initiated by one determined and resourceful human rights activist and eventually endorsed by influential civil society groups in the Netherlands, Dutch bank ASN, which identifies itself as an “ethical bank” that upholds international law and human rights, decided in November 2006 to divest from Veolia Transport and other companies that benefit from Israel’s occupation of Palestinian territory.27 The decision followed months of meticulous research, networking and employing public awareness initiatives undertaken by the campaign organizers. United Civilians for Peace, a coalition of Dutch organizations advocating peace, human rights and development produced a well-researched document detailing the links between Dutch companies and the Israeli occupation of Palestinian territory. The Palestinian Grassroots Anti-Apartheid Wall Campaign was also involved in the campaign at various stages, providing empirical data and advice. Simultaneously, questions were raised in the Dutch parliament about a specific Dutch company involved in the construction of the illegal Wall. Veolia’s initial claims that it was not aware that its involvement in the JLR was illegal rang hollow given the fact that Amnesty International in France had issued a clearly worded document28 stating just that, months earlier, and had warned Veolia’s management not to get involved in this project.

Together, these developments led to xtensive media coverage of the whole issue of complicity as well as legal and ethical responsibility of companies, which in turn raised the level of pressure on ASN Bank significantly, convincing it to start a process of investigation of Veolia’s involvement in the objectionable project and, eventually, to end its investments in it.

A Swedish coalition of faith-based groups, led by Diakonia, was quick to follow suit. During Israel’s atrocious war on Gaza, the Stockholm community council announced29 that Veolia, which had been the operator of the Stockholm County metro for the past ten years, lost the contract for the coming eight years. The contract, worth 3.5 billion euros (approximately $4.5 billion), is considered the largest ongoing public contract procurement process in Europe. And although the Council stated that their decision was based solely on commercial considerations, the massive public campaign waged by Swedish groups against Veolia in the months leading to the decision could not but have been a decisive factor for any politician hoping to get re-elected.

Adri Nieuwhof, a human rights advocate that has played a leading role in exposing European corporate complicity in Israel’s occupation, had this to say about the impressive Swedish public campaign against Veolia:

Swedish activists informed the public about the role of companies in benefiting from the occupation through several actions. The Swedish non-governmental organization Diakonia’s research on [the] Mul-T-Lock factory in the Barkan Industrial Park in a West Bank settlement led to the October 2008 decision of [factory] owner Assa Abloy to divest from the company. At that time Veolia was bidding for an eight-year, $4.5 billion contract to run the subway in Stockholm County. Swedish journalists questioned politicians about Veolia’s role in an Israeli tramway project that links Israeli settlements and normalizes the illegal situation of the settlements. At the Give Veolia the Red Card event on 15th November 2008, passengers on the Stockholm subway were asked to attach a red card to their clothes to protest Veolia’s involvement in the Jerusalem tramway on occupied Palestinian territory. 30

Weeks after this meaningful defeat for Veolia in Sweden, its partner in the JLR project suffered as momentous a setback when the Swedish national pension fund, AP7, decided to exclude Alstom from its investment portfolio.31 Considering the size of the Swedish fund, $15 billion, this decision was bound to have serious consequences for Alstom and other companies in a similar situation. This time, however, the decision was explicitly justified on the grounds of Alstom’s involvement in the illegal JLR project, reflecting on the one hand the intensifying discontent among the Swedish public, especially after Gaza, with companies that profit from unethical and illegal Israeli projects and, on the other hand, their determination to make them – literally – pay for it.

Towards the end of March, Palestine Solidarity Campaign (PSC) in the West Midlands, United Kingdom, celebrated another significant victory in the campaign against the JLR. The Sandwell Metropolitan Borough Council decided not to consider further Veolia’s bid for the ‘Waste Improvement Plan’ contract, which is worth about $1.5 billion over 20 years.32 Again, the Council insists that the decision was commercial, not political. And, again, the public pressure that was brought to bear before the decision looked too sweeping to ignore.

Elsewhere in the UK, several local campaigns are sprouting to derail Veolia from a number of large public works contracts. From Hampshire County to Liverpool to Camden to South Yorkshire, local authorities are facing mounting political, and sometimes legal pressure from Palestine solidarity groups, mainly associated with PSC, to exclude Veolia from bidding for public projects.

Most recently, Veolia started feeling the heat at home. The Greater Bordeaux local government announced that it was awarding – on commercial grounds, of course – a $1 billion contract for the biggest urban network in France to Veolia’s competitor, despite intense lobbying by Veolia. La plateforme BDS Bordeaux marked this achievement saying, “In fact, Veolia’s involvement in the situation of [Israeli] apartheid has already led to its loss of several contracts, and this is just the beginning.”33
Artistic Resistance

In Australia, the campaign against Veolia’s subsidiary, Connex, took on an entirely new shape. Award winning visual artist, Van Thanh Rudd, created a stir in Melbourne, Australia with his installation “Economy of Movement – A Piece of Palestine.”34 Rudd’s installation, which looks like a museum display, shows a stone sitting upon a glass base. A panel hanging behind it reads: “The stone exhibited is from East Jerusalem (occupied Palestinian territory). It was thrown at an Israeli Defense Force (IDF) tank by a Palestinian youth.” Another panel to the right reads: “IDF tanks are protecting French companies Veolia (Connex) and Alstom as they conduct illegal operations on occupied Palestinian territory.” Rudd explained his motives saying, “I thought it would be a great opportunity to make artwork that would clearly outline Veolia’s illegal operations on occupied Palestinian territory.”
Taste of Victory

In an unexpected turn of events, and after months of intensive lobbying and awareness-raising by the Derail Veolia and Alstom campaign, Haaretz reported35 that Veolia was “abandoning” the JLR and was even “trying to sell its 5% stake in Citypass, the light rail consortium.” According to the report, “The organization based itself on an article in French law that allows the court to void business agreements, signed by French companies, that violate international law.” However, it cites “political pressure” and the loss of “major projects in Europe because of its involvement in the Jerusalem job” were the “real reason” for Veolia’s withdrawal from the JLR, according to unnamed observers.

Another victory came from a more expected quarter. The London-based Islamic Human Rights Commission recently reported36 that “Tehran’s mayor scrapped plans for Veolia to have a key role in the city’s urban transport system.” The BNC had sent a letter to the Iranian leadership last May through European NGOs in Geneva, during the UN Durban Review conference, reminding Tehran of its commitments and obligations to contribute to the defense of Jerusalem against Israel’s colonial designs and urging it to exclude Veolia and Alstom from all Iranian public works contracts due to the companies’ involvement in the illegal JLR project.

Despite Veolia’s reported announcement that it was withdrawing from the JLR, the Derail Veolia and Alstom Campaign “plans to keep the pressure on Veolia and Alstom until the companies end their services to Israel’s activities and projects that are in violation of international law,” as stated by Adri Nieuwhof.37 Specifically, Veolia is still involved in providing bus services that link Jerusalem with illegal colonies and in the dumping of waste from Israel and its settlements in the Tovlan landfill in the occupied Jordan Valley.38

Final Remarks

From Melbourne to Stockholm to Bordeaux to the West Midlands, companies implicated in the JLR project are not just facing symbolic protests by marginalized demonstrators; they are experiencing real, deep losses that many indicators show are directly connected with their JLR involvement. What initially seemed like a desperate swim against the tide to reach the shores of justice is increasingly looking like a great wind that may well cause the tide itself to be reversed.

Omar Barghouti is an independent analyst, human rights advocate and a founding member of the Palestinian civil society campaign for Boycott, Divestment and Sanctions (BDS) against Israel (www.BDSmovement.net).

Endnotes

1 The BDS Call, issued on 9 July 2005, was endorsed by over 170 Palestinian political parties, unions, organizations and networks, representing Palestinians under occupation, in Israel, and in exile. The Call and list of endorsers are at: http:// www.bdsmovement.net/?q=node/52

2 http://www.rakevetkala-jerusalem.org.il/images/ Eng_brochure.pdf

3 In August 2007, then UN special reporter for human rights in the occupied Palestinian territory, Prof. John Dugard, described the Wall to the UN General Assembly in saying, “The 75-km wall being built in East Jerusalem is now almost complete …. This wall, which is built through Palestinian neighbourhoods and separates Palestinians from Palestinians, is an exercise in social engineering, designed to achieve the Judaization of Jerusalem by reducing the number of Palestinians in the city. It cannot conceivably be justified on security grounds.”

http://domino.un.org/UNISPAL.NSF/0080ef30 efce525585256c38006eacae/07fc06140216684 18525736b005c8a82!OpenDocument

4 While East Jerusalem is recognized by the United Nations as part of the Palestinian territory occupied by Israel in 1967, the rest of the city, now called “West Jerusalem,” was also occupied militarily by Zionist forces in 1948, in violation of the partition plan that envisioned placing the entire city under international jurisdiction.

5 Article 49 of the Fourth Geneva Convention specifically prohibits the occupying power from transferring parts of its own civilian population into the territory it occupies. When extensive appropriation of property is involved, without military necessity, the infringement may amount to a war crime: http://www.unhchr.ch/html/ menu3/b/92.htm

6 In his March 2009 report to the United Nations Human Rights Council, Prof. Richard Falk, the current UN special reporter for human rights in the OPT, states that, “there are a variety of concerns about the Palestinian future in East Jerusalem, and allegations that Israel is engaged in a subtle, but cumulatively very efficient, process of ‘ethnic cleansing’ to ensure Jewish demographic dominance of the whole of Jerusalem. A variety of practices have elicited Palestinian complaints, and seem validated by independent observers … .” http:// www.transnational.org/Area_MiddleEast/2009/ Falk_OralStatement_Gaza.html

7 For more on this see: Ilan Pappe, The Ethnic Cleansing of Palestine. (Oxford: One World Publications, 2007)

8 http://www.haaretz.com/hasen/spages/1084402. html

9 The Grassroots Palestinian Anti-Apartheid Wall Campaign and the Civic Coalition for Defending the Palestinians’ Rights in Jerusalem, A call to the Kingdom of Saudi Arabia not to contract Alstom Ltd. its new power plant in Shoaiba: http://www.stopthewall.org/downloads/pdf/ briefing%20Alstom.pdf

10 See the map in the brochure at: http://www. rakevetkala-jerusalem.org.il/images/Eng_ brochure.pdf

11 In its Advisory Opinion titled Legal Consequences of the Construction of a Wall in the Occupied Palestinian Territory, the ICJ stated, “The Court concludes that the Israeli settlements in the Occupied Palestinian Territory (including East Jerusalem) have been established in breach of international law. http://www.icj-cij.org/docket/ files/131/1677.pdf

12 The Israeli Coalition of Women for Peace keeps an up-to-date list of Israeli and international companies implicated in violations of international law in the OPT: http://www. whoprofits.org/

13 Negotiation Support Unit. Jerusalem Light Rail Fact Sheet. March 2007.

14 http://www.france-palestine.org/article10614. html (French)

15 http://www.france-palestine.org/imprimersans. php3?id_article=11680

16 http://eur-lex.europa.eu/LexUriServ/LexUriServ. do?uri=CELEX:32004L0018:EN:NOT

17 http://www.bdsmovement.net/?q=node/52

18 http://www.pacbi.org/etemplate.php?id=869

19 For a partial list of international organizational endorsers of BDS see: http://www.bdsmovement. net/?q=node/139

20 For more on the BNC’s make up and activities see: http://www.bdsmovement.net/?q=node/126

21 http://www.bdsmovement.net/?q=node/213

22 http://bdsmovement.net/?q=node/222

23 For more on this see: Omar Barghouti, Our South Africa Moment Has Arrived. http://www. palestinechronicle.com/view_article_details. php?id=14921

24 http://www.stopthewall.org/downloads/pdf/ briefing%20Alstom.pdf

25 http://www.gulfnews.com/Region/Middle_ East/10318479.html

26 http://www.gulfnews.com/Region/Middle_ East/10318479.html

27 http://electronicintifada.net/v2/article6076. shtml

28 http://www.amnesty.fr/index.php/amnesty/s_ informer/la_chronique/mars_2006_sommaire/ israel_et_territoires_occupes

29 http://www.diakonia.se/sa/node.asp?node=2807

30 http://electronicintifada.net/v2/article10418.

shtml

31 Ibid.

32 http://www.palestinecampaign.org/index7b. asp?m_id=1&l1_id=4&l2_id=25&Content_ ID=546

33 This is based on a rough English translation of the original French original statement at: http:// www.ism-france.org/news/article.php?id=1164 9&type=communique&lesujet=Boycott

34 http://electronicintifada.net/v2/article10388. shtml

35 http://www.haaretz.com/hasen/spages/1091186. html

36 http://www.ihrc.org/

37 http://electronicintifada.net/v2/article10599. shtml

38 http://www.whoprofits.org/Company%20Info. php?id=581