BDS – Informed Comment https://www.juancole.com Thoughts on the Middle East, History and Religion Thu, 11 Jan 2024 03:49:02 +0000 en-US hourly 1 https://wordpress.org/?v=5.8.9 In Blow to Democracy, British Parliament Votes to Outlaw University and Council Boycotts of Israel amid Gaza Genocide https://www.juancole.com/2024/01/democracy-parliament-university.html Thu, 11 Jan 2024 05:15:47 +0000 https://www.juancole.com/?p=216491 Belfast (Special to Informed Comment; Feature) – On January 10, the UK parliament passed the third and final reading of the anti-boycott bill proposed by pro-Israel Conservative hawk Michael Gove, who serves as Secretary of State for Leveling Up, Housing and Communities and Minister for Governmental Relations. The House of Lords still needs to approve it before it becomes a law. The bill makes it illegal for public institutions such as councils and universities to adopt policies and campaigns that involve boycotting Israel or engage in any Boycott, Divestment and Sanctions (BDS) directed at Israel — which in effect makes Israel a state above the law.

In this article I’m going to outline why it is wrong for the British government to pursue such dangerous policy and why supporting the BDS is important for peace and democracy for Palestinians and westerns alike.

The BDS movement is a Palestinian-led global campaign for freedom, justice and equality. It upholds the simple principle that Palestinians are entitled to the same rights as the rest of humanity. It was established in 2005 in response to the failure of the international community to hold Israel to account especially after the advisory opinion of the International Court of Justice which declared the wall being built around the West Bank by Israel as violation of the International Law. The BDS movement includes unions, academic associations, churches and grassroots movements across the world. It uses non-violent pressure on Israel to end its occupation of all Arabs land and dismantle the wall, to recognize the rights of the Arab-Palestinian citizens of Israel and to respect the rights of the Palestinian refugees to return to their homes according to UN resolution 194.

Novara Media: ” MPs Vote To Protect Israel; We Speak To The Founder Of BDS | #NovaraLIVE ”

Some of the notable supporters of the BDS movement include Archbishop Desmond Tutu, Pink floyd musician Roger Watters and the renowned physicist the late professor Stephen Hawking who joined the academic boycott of Israel when in 2013 he famously puled out of a conference hosted by former president of Israel the late Shimon Peres in protest against Israel treatment of the Palestinian.

I find the British government move to prevent public bodies from engaging with the BDS disgraceful for several reasons. To start with, by its peaceful nature, the BDS movement allows larger public participation in politics and humanitarian issues where ordinary people and institutions can express their objection to Israeli policies, especially the ongoing genocide in Gaza. Putting increasing pressure on Israel peacefully including through cultural, economic and academic boycotts, is more likely to make Israeli politicians reconsider their inhumane treatment of the Palestinians. This has the potentials to prevent or at the least reduce bloodshed and save lives.

For any government to outlaw such harmless methods of protest and resistance means to push them in the opposite direction and to encourage more violence and bloodshed. This stance is astonishing, especially for the British government, considering Britain’s moral and historic responsibility in creating the suffering of the Palestinians. London accomplished this through the infamous 1917 Balfour Declaration in which it gave Palestine to the Zionist movement and allowed it to ethnically cleanse most of the Palestinians and turn them into refugees in order create Israel in 1948 based on ideas of supremacy, racism and bloodshed.

Inasmuch as it outlaws civil protest, the British government’s bill gives a green light to extremist Israeli politicians such as the Israeli Heritage Minister Amichai Elyahu, who said that “one of Israel’s options in the war in Gaza is to drop the nuclear bomb.”

The legislation is also a threat to British democracy as it seems to be the case that supporting Israel oppression of the Palestinians by western governments is increasingly becoming a threat to free speech and therefore to democracy. Denying public sector organizations the right to decide their own policies in relation to ethical procurement of services and goods is an attack on their basic right to make their own decisions to reject dealings with governments and businesses involved in human rights violations.

For us as Palestinians, boycotting Israeli goods has been a method of non-violent resistance for many decades, wielded against illegal occupation, colonization, ethnic cleansing, land theft, killing, persecution and apartheid. Now, defending the right to boycott Israel and to stand for justice for the Palestinians is becoming a new battle ground in defending democracy and free speech in the west.

]]>
Challenging Israel-inspired Anti-Boycott Legislation in the US https://www.juancole.com/2022/12/challenging-inspired-legislation.html Tue, 27 Dec 2022 05:04:50 +0000 https://www.juancole.com/?p=209035 By Tariq Kenney-Shawa | –

( Al-Shabakah) – The Israeli regime’s defenders across the US are ramping up efforts to criminalize the constitutionally protected right to boycott. Beyond violating the rights of Palestine solidarity activists, this threatens to undermine the tenets of a healthy democracy. Al-Shabaka’s US Policy Fellow, Tariq Kenney-Shawa, examines this development and suggests what lawmakers, civil society organizations, and concerned citizens should do to challenge it. 

Across the US, lawmakers and interest groups are stepping up efforts to shield Israel from accountability for war crimes, occupation, and apartheid. They are doing so by restricting Palestine solidarity advocates’ First Amendment rights to free speech and political boycotts. In June 2022, the Eighth Circuit Court of Appeals ruled to uphold an Arkansas law punishing state contractors who boycott Israel. Since 2014, dozens of states have adopted similar laws designed to punish individuals and companies that refuse to do business with those who profit from the Israeli regime’s occupation. They are also actively silencing calls for boycott, divestment, and sanctions that pressure Israel to comply with international law.  

The message to US citizens is clear: Take action to hold Israel accountable for its crimes and you will pay. The implications are far-reaching: Not only are anti-boycott laws limiting spaces for Palestine solidarity, they represent the first step in a wider assault on the constitutional protections designed to safeguard US citizens’ rights to advocate for justice. Following the Eighth Circuit decision in Arkansas, the issue is now expected to move to the Supreme Court, setting the stage for a ruling that will have significant long-term implications for the rights of all US citizens to engage in any kind of politically motivated boycott and advocate for change.

US Palestine Solidarity

It also explains how, by targeting the right to boycott, reactionary forces are eroding US citizens’ ability to leverage their long-standing, constitutionally protected rights to demand justice and political change both at home and abroad. With their right to boycott being threatened by an increasingly conservative and partisan judicial system, US citizens must take matters into their own hands to defend their constitutional rights. This policy brief recommends several steps that should be taken in order to do so. 

Anti-Boycott Legislation: The US National Context 

As of October 2022, bills and executive orders designed to penalize those participating in boycotts of Israel have been introduced in 34 states and apply to over 250 million US citizens. The laws are as absurd as they are troubling. In 2017, officials in Texas blocked access to hurricane disaster relief funds from those who refused to renounce their right to engage in BDS, only conceding the rule as a misapplication of the law after facing public pressure. In 2018, Bahia Amawi, a child speech pathologist in Texas, sued the state after losing her job for refusing to pledge that she “will not boycott Israel” or illegal Israeli settlements. 

That same year, The Arkansas Times, a local newspaper based in Little Rock, sued the state of Arkansas after an advertising contract with a public university was withdrawn as punishment for refusing to relinquish their right to boycott Israel. In July 2022, the Eighth Circuit Court became the highest-level court to consider the issue when it ruled against the newspaper, stripping it of its right to boycott. This ruling, which is binding to Arkansas, Iowa, Minnesota, Missouri, Nebraska, North Dakota, and South Dakota, is a sign of what may be to come.

Whether by prohibiting state contracts who support BDS or threatening to cut ties with investment agencies, the Israeli regime’s defenders are forcing US citizens to choose between their First Amendment rights and their livelihoods Click To Tweet

Federal district courts in Arizona, Georgia, Kansas, and Texas have blocked the enforcement of their states’ anti-boycott laws, considering them unconstitutional compelled speech and violations of the First Amendment. However, instead of discarding them on the grounds that the government cannot force an individual or group to support certain political expressions, these laws are being amended and reintroduced. Several states have amended their anti-boycott laws to exclude individuals and sole proprietors; however, larger companies that conduct more than $100,000 worth of business with the state continue to face anti-boycott certification requirements. 

State legislators have also placed financial burdens on companies accused of boycotting Israel through blacklists and pension fund divestments. Efforts to shield Israel from the human rights standards applied across the globe are likewise extending into sustainable investing and corporate governance. In September 2022, South Carolina’s treasurer joined a growing list of officials threatening to cut ties with the multibillion-dollar investment firm Morningstar over claims that their Sustainalytics program’s environmental, social, and governance (ESG) rating is biased against Israel. ESG ratings, which assess ethical corporate practices ranging from environmental standards to labor practices, have proven integral in holding companies accountable regardless of where they operate. Indeed, Sustainalytics drew attention to Israel’s documented human rights violations in the assessments it provided to investors. 

In the face of mounting pressure, Morningstar hired an independent review commission to carry out an exhaustive investigation into any potential bias. The investigation found “neither pervasive nor systemic bias against Israel in Sustainalytics products and services;” however, this has failed to bring an end to the smears against the rating system. Missouri Attorney General Eric Schmitt decried Morningstar practices as “woke ESG investing,” and Arizona Treasurer Kimberly Yee suggested that the very idea of reviewing Israeli companies for the same standards to which all other companies are held was anti-Semitic. This, despite the fact that Morningstar’s chief executive officer, Kunal Kapoor, repeatedly insisted that his company does not support the BDS movement and that the Sustainalytics assessment merely provided a warning for investors, rather than a call to boycott. 

Since then, Morningstar has caved to pressure from the pro-Israel lobby, adopting a host of anti-Palestinian measures that include refraining from both references to the West Bank as “occupied” as well as reliance on reports issued by the UN Human Rights Council. Clearly, to the pro-Israel lobby, Israeli companies should not be held to the same human rights, labor, and environmental standards as other companies. As a result, whether by prohibiting state contracts who support BDS or threatening to cut ties with investment agencies, the Israeli regime’s defenders are forcing US citizens to choose between their First Amendment rights and their livelihoods.

Who is Behind These Bills? 

The ongoing proliferation of anti-boycott bills, recently described by Human Rights Watch as “part of an increasingly global campaign” against Palestine rights advocates, has been spearheaded by the Israeli regime itself. Over recent years, Israel has successfully bypassed US foreign interference laws by establishing non-governmental organizations through which it funnels millions of dollars to US groups who then advocate for anti-BDS legislation. But the Israeli regime is not alone. The war on boycotts of Israel is being led by the same reactionary lawmakers and interest groups actively engaged in undermining the tenets of a healthy democracy. 

Some of the most vociferous proponents of anti-BDS efforts in the US are conservative interest groups and evangelical Christian organizations that are engaged in a nationwide campaign to roll back hard-fought liberties. For example, the American Legislative Exchange Council (ALEC), an ultra-conservative venture backed by the Koch brothers, drafts legislation for state and federal governments on behalf of corporate interests. In addition to unconditionally shielding Israel from accountability and drafting anti-BDS bills for conservative lawmakers, groups like ALEC have also targeted public education, climate activism, and LGBTQ+ rights, while defending the “Stand Your Ground” laws, bans on Critical Race Theory and the Supreme Court’s June 2022 reversal of Roe v. Wade. Meanwhile, groups like Christians United for Israel (CUFI) smear BDS activists through advocacy campaigns on university campuses, as well as in churches and across social media. These alliances prove that being pro-Israel in America also means being complicit in conservative efforts to sustain white supremacy, roll back reproductive and LGBTQ+ rights, and weaken democracy. 

Being pro-Israel in America also means being complicit in conservative efforts to sustain white supremacy, roll back reproductive and LGBTQ+ rights, and weaken democracy Click To Tweet

What is more, efforts to roll back the right to boycott have also represented a bipartisan affair. In 2016, New York’s former governor, Andrew Cuomo, signed an executive order blacklisting businesses that refused to do business with Israel. He put it bluntly: “if you boycott against Israel, New York will boycott you.” Three years later, Senator Joe Manchin (D – WV) co-authored the Combating BDS Act alongside Senator Marco Rubio (R – FL), which aimed to give legal cover to various state anti-BDS laws before it was blocked on the Senate floor. In August 2022, New York State Assemblyman Dan Rosenthal joined 18 Republicans in their campaign against Morningstar for warning investors of Israel’s human rights record. While the bipartisan tradition of providing unconditional support to Israel is waning, democratic establishment holdouts continue to side with conservatives against progressive voices, both in the electorate and in the halls of Congress.  

Constitutionally Protected Rights Under Threat  

US citizens have long leveraged their right to boycott as a means of making their voices heard. From the pre-Civil War boycott of goods produced with slave labor, to the 1955 Montgomery bus boycott that called for an end to racial segregation, boycotts have proven a vital tactic in challenging human rights abuses and fighting for political change in the US. The tactic has also been wielded against injustice abroad; indeed, economic, cultural, and even academic boycotts proved instrumental in bringing an end to the apartheid regime in South Africa. However, many exhibit a disturbing selective intolerance for the right to boycott when it comes to holding Israel accountable. 

Political boycotts are widely viewed as a cornerstone of the First Amendment, both by the US public and as a matter of legal precedent. In NAACP v. Claiborne Hardware Co. (1982), the most regularly cited precedent on the issue, the Supreme Court ruled that a state’s right to regulate economic activity “could not justify a complete prohibition against a nonviolent, politically motivated boycott.” That case began in 1966, when the local NAACP chapter in Claiborne County, Mississippi, coordinated a boycott of white-owned businesses, calling for local government and business leaders to meet their demands for racial justice. White business owners affected by the boycott sued the NAACP and the action organizers for economic damages. 

After the case made its way through the lower courts, the Supreme Court ruled that the NAACP’s boycott was protected by the constitution because it was composed of elements protected by the First Amendment — namely, speech, assembly, and petition. Justice John Stevens emphasized the boycott’s end goal in the ruling, noting: “the purpose of petitioners’ campaign was not to destroy legitimate competition,” but rather, to “vindicate rights of equality and of freedom.” In part, the court found it persuasive that the boycott was wielded for an expressive purpose: a list of racial justice demands. 

In the NAACP v. Claiborne case, the Supreme Court found that through constitutionally protected acts of speech, assembly, and petition, “petitioners sought to change a social order that had consistently treated them as second-class citizens.” By this logic, the right to boycott Israeli goods produced in the West Bank — an act that inherently involves the aforementioned constitutionally protected activity — falls squarely within US citizens’ constitutionally protected rights. While courts in Arizona, Georgia, Kansas, and Texas confirmed this logic, the Eighth Circuit Court ruling in Arkansas serves as a reminder of how easily precedent can be overturned. 

Understanding the Eighth Circuit Court Ruling 

In 2018, The Arkansas Times sued the state after being asked to sign a pledge not to boycott Israel in order to maintain an advertising contract with the University of Arkansas. After the suit was initially dismissed, the newspaper appealed, and a three-judge panel from the Eighth Circuit overturned the ruling, finding that the statute “imposes a condition on government contractors that implicates their First Amendment rights.” The state then requested that the full Eight Circuit – known to be one of the most conservative circuit courts in the country – rehear the case, resulting in the June 2022 ruling against The Arkansas Times. 

While affirming that requiring someone to “give up a constitutional right” in order to receive a government contract does “impose an unconstitutional condition,” the Eighth Circuit Court went on to reinterpret precedent – namely, the protections set in NAACP v. Claiborne. The ruling argued that constitutional First Amendment protections apply only to the expressive actions that accompany a boycott. In other words, the speeches, petitions, and marches that promote a boycott are protected by the First Amendment, while the actual act of economically boycotting an entity is not. Along this line of reasoning, the Eighth Circuit decided that the act of economic boycott itself was considered an example of “non-expressive” conduct.

The Eighth Circuit’s decision has attracted widespread criticism from those who claim that the judges misrepresented the precedent entirely. NAACP v. Claiborne clearly establishes that the right to boycott is protected by the First Amendment, and when Supreme Court judges analyzed each of the associated elements of the boycott in that case, they did not differentiate between accompanying speech and the act of boycott itself. Justice Jane Kelly, who authored the Eighth Circuit’s dissenting opinion, took this logic further. According to Kelly, by instructing the State to consider a company or individual’s prior speech and actions to determine whether they are participating in a boycott of Israel, the Arkansas statute might deter entities from engaging in constitutionally protected acts of speech and protest unrelated to boycotts. In other words, companies and individuals might feel pressured to avoid protests and petitions that criticize Israeli policy out of concern that they may fall under the state’s definition of a boycott of Israel, “thereby limiting what a company may say or do.”  

Wider Implications 

While the judiciary can prove instrumental in countering attempts to curb constitutionally protected rights, such as the right to participate in the BDS movement, US citizens should not depend upon it alone to safeguard civil liberties. That is, while only 59 of the 261 anti-boycott bills introduced have so far been passed at the state and local levels, the pro-Israel lobby continues to adapt. As long as BDS remains under assault, so too is the right to use boycotts as a tool for advocacy on a range of issues. In other words, the ongoing crackdown on freedom to boycott has wider implications, even for US citizens who do not support the BDS movement.

The willingness to trample upon the rights of Palestinians and their allies is opening the door to a larger assault on civil society and the core tenets of a healthy democracy Click To Tweet

In fact, several states have already used anti-BDS legislation as a template for “copycat laws” that would criminalize other boycotts and forms of protest, such as preventing businesses from boycotting fossil fuels and firearms industries. For example, Kentucky’s SB 205 prohibits the state from entering into contracts with companies unless they submit written certification that they will not engage in a boycott of energy companies. Similarly, Indiana’s HB 1409, if passed, will prevent the state from entering into a contract with companies without written certification that they will not discriminate against a firearm entity or firearm trade association in their business dealings.

Efforts to curtail the right to boycott represent one tactic amid an overall strategy by reactionary elements on both sides of the partisan divide to undermine democratic values in the US. If they are successful, these forces will undoubtedly direct their efforts at other forms of protest and free speech that are being leveraged in calls for justice. Since 2017, 38 states have enacted anti-protest bills, mostly in reaction to the Black Lives Matter (BLM) movement and environmental protesters. Heightened voting restrictions in key swing states are making it increasingly difficult for US citizens to carry out their civic duty. As a result, black activists and other disadvantaged communities are disproportionately targeted. The willingness to trample upon the rights of Palestinians and their allies is opening the door to a larger assault on civil society and the core tenets of a healthy democracy. 

Taking Action 

The Eighth Circuit decision in Arkansas, which came two days before the Supreme Court overturned Roe v. Wade’s guarantee of the right to abortion on June 24, 2022, serves as another reminder that US citizens should not count on the judiciary alone to defend their civil liberties. With this in mind, it is critical to raise awareness, mobilize grassroots activism aimed at pressuring lawmakers, and develop stronger checks to a flawed system. More specifically: 

  • Members of Congress should fulfill their constitutional duty to defend the rights of US citizens, including the First Amendment right to participate in political boycotts. This  means voting against pending federal anti-boycott legislation like the ones introduced by Congressman Lee Zeldin (R) in March 2022 and Senator Tom Cotton (R) in July 2022, both of which are aimed at elevating state anti-boycott legislation to the national level. 
  • Activists, civil rights defenders, and concerned citizens should contact their representatives to express opposition to laws that restrict their right to boycott. They should highlight the intersectional nature of this assault on social and political expression, and organize alongside other groups being affected by copycat legislation. More information about how to get involved can be found at Palestine Legal, the US Campaign for Palestinian Rights (USCPR), and the American Civil Liberties Union (ACLU). 
  • As workers across the country unionize at the highest rates in decades, civil society organizations should prepare union leaders and members to collectively mobilize against attempts by employers to revoke constitutionally protected rights. Trainings and briefings should prepare union leaders to explicitly incorporate the right to boycott into their labor demands and provide support to Palestinian or pro-Palestine workers who are targeted for their engagement in boycotts or other forms of political protest. 
  • Activists, academics, and NGOs should coordinate efforts to produce informational material for public campaigns aimed at raising general awareness and providing US citizens with tools to advocate for their constitutionally-protected rights. The recent documentary film Boycott (2021) serves as an example of how to mobilize free speech activists, as well as the general public, who may still be unaware of the wider consequences of these coordinated anti-BDS campaigns when it comes to the assault on constitutionally protected rights. 
  • Tariq Kenney-Shawa

     

    Tariq Kenney-Shawa is Al-Shabaka’s US Policy Fellow. He holds a Masters degree in International Affairs from Columbia University and a Bachelors degree in Political Science and Middle East Studies from Rutgers University. Tariq’s research has focused on a range of topics, from the role of narrative in both perpetuating and resisting occupation to analysis of Palestinian liberation strategies. His work has appeared in +972 Magazine, Newlines Magazine, the Carnegie Council, and the New Politics Journal, among others. Follow Tariq on Twitter @tksshawa and visit his website at https://www.tkshawa.com/ for more of his writing and photography. 

]]>
Palestinians Protest, hang Black Flags of Mourning over Biden’s Bethlehem Visit, Accusing him of Sidelining their Political Rights https://www.juancole.com/2022/07/palestinians-sidelining-political.html Fri, 15 Jul 2022 05:12:20 +0000 https://www.juancole.com/?p=205796 Ann Arbor (Informed Comment) – The Israeli newspaper Arab 48 reports that widespread protests broke out on Thursday in the Israeli-Occupied Palestinian West Bank against the planned visit on Friday by US President Joe Biden to Bethlehem, with residents staging demonstrations and raising black flags. They chanted against US one-sidedness in backing Israel’s actions, and carried posters of Shireen Abu Akleh, the Palestinian-American journalist who was shot dead by an Israeli sniper, as well as posters denouncing Israeli Apartheid policies in the Palestinian territories.

Palestinian organizations also denounced the The Jerusalem U.S.-Israel Strategic Partnership Joint Declaration signed on Thursday between Biden and Israeli Prime Minister Yair Lapid, which they said constituted an act of enmity against the Palestinian people and its rights. They called for Biden’s visit to Bethlehem to be canceled, given the American marginalization of the Palestinian cause.

The Strategic Partnership Declaration showers billions of dollars on Israel for security cooperation with the US and attacks the nonviolent movement to Boycott, Divest from, and Sanction (BDS) Israel for its Apartheid measures in the Palestinian territories.

The declaration pledges the US to castigate Hamas, which runs the government of the Palestinian Gaza Strip, as nothing but a terrorist organization. It continues, “The countries condemn the deplorable series of terrorist attacks against Israeli citizens in recent months and affirm the need to confront radical forces, such as Hamas, seeking to inflame tension and instigate violence and terrorism. President Biden reaffirms his longstanding and consistent support of a two-state solution and for advancing toward a reality in which Israelis and Palestinians alike can enjoy equal measures of security, freedom and prosperity. The United States stands ready to work with Israel, the Palestinian Authority, and regional stakeholders toward that goal. The leaders also affirm their shared commitment to initiatives that strengthen the Palestinian economy and improve the quality of life of Palestinians.”

In other words, Biden is a hapless bystander to Israeli policies toward Occupied Palestinians and offers only lip service “support” for a two-state solution. In the meantime, Washington is willing to kick in a little money to bribe the Palestinians into accepting their status as a people without rights, living under an alien military government, who are seeing their best land systematically stolen from them by the Israelis.

Arab 48 continues that one rally in Ramallah turned into a march through the city, as the demonstrators rejected Biden’s visit to the Palestinian territories, raising placards rebuking the notion of accepting “economic peace” in exchange for their political rights. They carried slogans like, “No to economic “peace,” yes to the right of return and independence.” A similar protest was staged in Nablus, demanding a boycott of Biden and calling on the Palestinian leadership to refuse to meet with him.

In contrast to the joint US-Israeli Jerusalem declaration, the Biden administration and the Palestine Authority were not able to agree on joint language. President Mahmoud Abbas and President Biden will each issue their own statements. The Palestine Authority is said to be annoyed with Biden’s focus solely on economic issues when it comes to Palestinians, and his administration’s attempts to integrate Israel into the Middle East without any political benefit for the Palestinians.

]]>
Students Society at McGill University must have the Right to Boycott Israel over Human Rights Violations (MESA) https://www.juancole.com/2022/04/students-university-violations.html Wed, 20 Apr 2022 04:08:20 +0000 https://www.juancole.com/?p=204185 Committee on Academic Freedom, Middle East Studies Association | –

Letter to the provost of McGill University

Provost Christopher Manfredi
Office of the Provost and Vice Principal (Academic)
McGill University
845 Sherbrooke Street West, Suite 504
Montreal, Quebec H3A OG4
via fax: 514-398-4768

Dear Provost Manfredi:

We write on behalf of the Middle East Studies Association of North America (MESA) and its Committee on Academic Freedom to express our concern about a recent statement by McGill University’s Deputy Vice Provost indicating that the university is considering terminating its Memorandum of Agreement with the Students’ Society of McGill University (SSMU) as a result of the latter’s adoption of a “Palestine Solidarity Policy.” Such a step by the university would constitute a serious violation of the right of McGill University’s students and student organizations to freedom of speech and association.

MESA was founded in 1966 to promote scholarship and teaching on the Middle East and North Africa. The preeminent organization in the field, the Association publishes the International Journal of Middle East Studies and has nearly 2800 members worldwide. MESA is committed to ensuring academic freedom and freedom of expression, both within the region and in connection with the study of the region in North America and elsewhere.

On 21 March 2022, the SSMU conducted a referendum of its members on the Palestine Solidarity Policy, which among other provisions called for the boycott of, and divestment from, corporations and institutions with investments in Israel; 71 percent of those voting favored adopting the policy. On 24 March 2022, McGill University’s Deputy Vice Provost, Fabrice Lebeau, disseminated an email message demanding that the SSMU reverse its adoption of the Palestine Solidarity Policy on the ground that it “echoes key tenets of the Boycott, Divestment, Sanctions (BDS) movement” and thereby violates the SSMU’s constitution, despite the fact that the Judicial Board of SSMU had issued three separate rulings (here, here and here) in 2021, all of which affirmed the constitutionality of political campaigns directed at corporate or state entities, including BDS-related campaigns. Mr. Lebeau further threatened to terminate the University’s Memorandum of Agreement with SSMU.

The right of McGill University students and faculty, as well as student organizations, to voice their opinions on policies toward any state, or to advocate political activities including boycott, sanctions, and divestment, is protected by the right of free speech and the principles of academic freedom. Mr. Lebeau’s threat to revoke the university’s Memorandum of Agreement with the SSMU because of a vote fairly and freely conducted in keeping with the student organization’s established procedures therefore constitutes an attempt to silence protected political speech. The fact that the university has yet to implement this sanction against the SSMU does not alleviate our concern since the administration has served the student union with a notice of default, requesting that the union repeal the motion or have its agreement with the university terminated.

We believe that institutions of higher learning must resolutely uphold and defend the principles of academic freedom, and they must also be sanctuaries for the free expression of ideas and opinions. We therefore ask you that you immediately withdraw the notice of default served to the SSMU and issue a clear and forceful public statement assuring students and faculty that McGill University will not countenance threats or attempts to limit their right to free speech and academic freedom, including the advocacy of ideas and policies that some may deem controversial.

We look forward to your response.

Sincerely,

Eve Troutt Powell
MESA President
Professor, University of Pennsylvania

Laurie Brand
Chair, Committee on Academic Freedom
Professor Emerita, University of Southern California

]]>
Why Irish Novelist Sally Rooney refused to License her Work in Israel: Apartheid treatment of Palestinians https://www.juancole.com/2021/10/apartheid-treatment-palestinians.html Wed, 20 Oct 2021 04:08:00 +0000 https://www.juancole.com/?p=200722 ( Middle East Monitor) -The pro-Israel crowd on social media was quick to pounce on award-winning Irish novelist, Sally Rooney, as soon as she declared that she had “chosen not to sell … translation rights of her best-selling novel, ‘Beautiful World, Where Are You’ to an Israeli-based publishing house”.

Expectedly, the accusations centered on the standard smearing used by Israel and its supporters against anyone who dares criticise Israel and exhibits solidarity with the oppressed Palestinian people.

Rooney’s laudable action was not in the least ‘racist’ or ‘anti-Semitic’. On the contrary, it was taken as a show of support for the Palestine Boycott, Divestment and Sanctions Movement (BDS), whose advocacy is situated within anti-colonial and anti-racist political discourses.

Rooney, herself, has made it clear that her decision not to publish with Modan Publishing House, which works closely with the Israeli government, is motivated by ethical values.

“I simply do not feel it would be right for me, under the present circumstances, to accept a new contract with an Israeli company that does not publicly distance itself from apartheid and support the U.N-stipulated rights of the Palestinian people,” she said in a statement on 12 October.

In fact, Rooney’s contention is not with the language itself, as she stated that “the Hebrew-language translation rights to my new novel are still available, and if I can find a way to sell these rights that is compliant with the BDS movement’s institutional boycott guidelines, I will be very pleased and proud to do so.”

READ: Empty gestures or substantive change? On the Nobel Prize in Literature and its discontents

Rooney is not the first intellectual to take an ethical position against any form of cultural normalisation with Israeli institutions, especially those that directly support and benefit from the Israeli military occupation of Palestine. Her position is consistent with similar stances taken by other intellectuals, musicians, artists, authors and scientists. The ever-expanding list includes Roger Waters, Alice Walker and the late Stephen Hawking.

The BDS movement has made it abundantly clear that, in the words of the movement’s co-founder, Omar Barghouti, “the Palestinian boycott targets institutions only, due to their entrenched complicity in planning, justifying, whitewashing or otherwise perpetuating Israel’s violations of international law and Palestinian rights.”

Of course, some are still not convinced. Those critics of the BDS movement intentionally conflate between anti-Semitism and a legitimate form of political expression, which aims at weakening and isolating the very economic, political and cultural infrastructures of racism and apartheid. The fact that numerous anti-Zionist Jews are supporters and advocates of the movement is not enough to make them reconsider their fallacious logic.

One of the ‘politest’ denunciations of Rooney, appearing in the Jewish Forward magazine, was penned by Gitit Levy-Paz. The author’s logic is puzzling, to say the least. Levy-Paz accused Rooney that, by refusing to allow her novel to be translated into Hebrew, she has excluded “a group of readers because of their national identity.”

Palestinians in Gaza protest against German Parliament decision on BDS, in Gaza on 23 May 2019 [Mohammed Asad/Middle East Monitor]

” data-medium-file=”https://i2.wp.com/www.middleeastmonitor.com/wp-content/uploads/2019/05/651A9980.jpg?fit=500%2C333&quality=85&strip=all&zoom=1&ssl=1″ data-large-file=”https://i2.wp.com/www.middleeastmonitor.com/wp-content/uploads/2019/05/651A9980.jpg?fit=933%2C622&quality=85&strip=all&zoom=1&ssl=1″ src=”https://i2.wp.com/www.middleeastmonitor.com/wp-content/uploads/2019/05/651A9980.jpg?resize=933.5%2C622&quality=85&strip=all&zoom=1&ssl=1″ alt=”Palestinians in Gaza protest against German Parliament decision on BDS, in Gaza on 23 May 2019 [Mohammed Asad/Middle East Monitor]” data-recalc-dims=”1″ data-lazy-loaded=”1″ >

Palestinians in Gaza protest against German Parliament decision on BDS, in Gaza on 23 May 2019 [Mohammed Asad/Middle East Monitor]

While the Forward writer is guilty of confusing political ethics and nationality, she is not the only one. Israeli Zionists do this as a matter of course, where the Zionist ideology and the Jewish religion – and, in this case, language – are quite often interchangeable. As a result, the definition of ‘anti-Semitism’ has been stretched to include anti-Zionism – though Zionism is a modern ideological construct. Since Israel defines itself as a Jewish and Zionist state, it follows that any form of criticism of Israeli policies are often depicted as if a form of anti-Semitism.

One of the most interesting aspects of this conversation on language is that the Hebrew language has been used by the State of Israel since its establishment in 1948 as the language of oppression. In the minds of Palestinians, anywhere in Palestine, Hebrew is rarely the language used to communicate culture, literature, social coexistence and such. Instead, every military ordinance issued by the Israeli army, including closures and home demolitions, let alone the proceedings of military court hearings, and even the racist anti-Palestinian chants in football stadiums, are communicated in Hebrew. Palestinians are then excused if they do not view the modern Hebrew language as a language of inclusion, or even innocuous, everyday communication.

These realisations are not the outcome of daily experiences only. Successive Israeli governments have passed numerous legislations over the years to elevate Hebrew at the expense of Arabic. For over seven decades, the ethnic cleansing of the Palestinian people has been coupled with the erasure of their culture and their language, from the Hebraicisation of historic Arabic names of towns, villages and streets, to the demolition of ancient Palestinian graveyards, olive groves, mosques and churches, the Israeli ethnocide is a top item on the Israeli political agenda.

The Israeli Nation State Law of 2018, which elevated Hebrew as Israel’s official language and downgraded Arabic to a “special status”, was the culmination of many years of a relentless, centralised Israeli campaign, whose sole purpose is to dominate the Palestinians, not only politically but culturally as well.

All that in mind, the hypocrisy of Israel’s mouthpieces is unmistakable. They welcome, or at least remain silent, when Israel tries to demolish and bury Palestinian culture and language, but cry foul when a respected author or a well-regarded artist tries, though symbolically, to show solidarity with the oppressed and occupied Palestinian people.

The Palestinian boycott movement is conscious of its morally-driven mission, thus can never duplicate the tactics of the Israeli government and official institutions. BDS aims at pressuring Israel by reminding peoples all over the world of their moral responsibility towards the Palestinians.

BDS does not target Israelis as individuals and, under no circumstances, does it target Jewish individuals because they are Jews, or the Hebrew language, as such. Israel, on the other hand, continues to target Palestinians as a people, downgrades their language, dismantles their institutions and systematically destroys their culture. This is rightly referred to as cultural genocide, and it is our moral responsibility to stop it.

The views expressed in this article belong to the author and do not necessarily reflect the editorial policy of Middle East Monitor or Informed Comment.

Via Middle East Monitor

This work by Middle East Monitor is licensed under a Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International License.

——

Bonus Video added by Informed Comment:

TRT World: “Irish author Sally Rooney boycotts Israeli publisher in support of BDS”

]]>
In Victory for American Freedom, Judge Mark Cohen Calls “Unconstitutional” Georgia’s Ban on Boycotting Israel for Brutalizing Palestinians https://www.juancole.com/2021/05/unconstitutional-brutalizing-palestinians.html Tue, 25 May 2021 05:42:55 +0000 https://www.juancole.com/?p=198007 Ann Arbor (Informed Comment) – Ross Williams at the Georgia Reporter writes that federal judge Mark Cohen on Monday characterized as unconstitutional a Georgia state law that prohibited contractors for the Georgia state government from boycotting Israel. Cohen is United States District Judge of the U.S. District Court for the Northern District of Georgia. This initial ruling simply turned back defendents’ attempt to have the lawsuit dismissed, but Cohen obviously intends to strike down the law at issue.

In 2019 documentary film-maker Abby Martin was invited to speak at a planned 2020 conference at Georgia Southern University and offered a $1000 honorarium plus travel expenses. Judge Cohen’s judgement says, “One week later, a professor at GSU and conference co-chair emailed several professors at other academic institutions to inform them that Martin had been selected as the keynote speaker for the Conference.In that email, the professor referred to Martin as a “fantastic Key Note,” and planning for the Conference continued.”

But before GSU could pay her, they needed her to sign a pledge that she would not boycott Israel. Martin, who later did a documentary on Gaza and views Israel as a settler-colonial apartheid state, refused to sign the pledge. Cohen writes,

    “Martin responded the same day, stating:

    ‘I’m sure you know, a lot of my work advocates the boycott of Israel, and my new film features that call to action.I cannot sign any form promising not to boycott Israel.’

    As a result,Defendants prevented Martin from speaking at the Conference and receiving the$1,000 honorarium, and subsequently cancelled the Conference.

    .As a result, Martin was deprived of her ability to speak on the GSU campus, to receive the honorarium, and to showcase her work.”

The GSU invitation was then withdrawn and the conference she was to have addressed, on critical media theory, was canceled.

Then governor Nathan Deal had signed SB 327 into law in 2016. It obligated any person or company that contracted with the state of Georgia for services of $1000 or more to vow not to boycott the Israeli government as a result of its treatment of Palestinians.

Judge Cohen’s ruling concluded,

    “The requirement contained in O.C.G.A. § 50-5-85 that parties seeking to contract with the state of Georgia sign a certification that they are not engaged in a boycott of Israel also is unconstitutional compelled speech. “[W]hen a State attempts to make inquiries about a person’s beliefs or associations, its power is limited by the First Amendment. Broad and sweeping state inquiries into these protected areas . . . discourage citizens from exercising rights protected by the Constitution.” Baird v. State Bar of Ariz. 401 U.S. 1, 6 (1971). “Similarly, the State may not condition employment ‘on an oath denying past, or abjuring future/protected speech and associational activities.” Amawi, 373 F. Supp. 3d at 754(quoting Cole, 405 U.S. at 680).Because O.C.G.A. § 50-5-85 discriminates based on the motive for engaging in a boycott against Israel, the certification requirement forces parties contracting21Case 1:20-cv-00596-MHC Document 53 Filed 05/21/21 Page 21 of 29 with the state of Georgia to publicly assign a motive and speech element to what Defendants deem merely economic conduct. The certification that one is not engaged in a boycott of Israel is no different that requiring a person to espouse certain political beliefs or to engage in certain political associations. The Supreme Court has found similar requirements to be unconstitutional on their face.”

It is fascinating the degree to which Cohen’s ruling depended for its reasoning on the previous federal district court decisions striking down anti-boycott laws relating to Israel in Kansas, Texas and Arizona.

These rulings underlined the importance of Claiborne (1982), and Cohen concurred.

I pointed out that without political boycotts the Civil Rights movement might well not have succeeded. Charles Evers and the NAACP boycotted Claiborne Hardware store in Mississippi, and the Supreme Court upheld their right to do so, writing, “While States have broad power to regulate economic activities, there is no comparable right to prohibit peaceful political activity such as that found in the boycott in this case.”

Martin gained the backing of the Georgia chapter of the Council on American-Islamic Relations {CAIR) and the Partnership for Civil Justice Fund in launching a lawsuit against the state, alleging that requiring her to sign that pledge violated her first amendment rights.

What is not widely understood is that professors, journalists and others who speak at state universities are considered contractors with the state, so that this law directly interfered with freedom of speech and academic freedom. Most such speakers cannot afford to fly around giving public talks on their own dime, so if the university cannot pick up the tab, those ideas don’t get shared. And, further note that the speaker would not be necessarily speaking on Israel-Palestine. Some people who have been economically harmed by these bills who don’t in fact boycott Israel, but simply won’t sign a loyalty pledge of any sort since it injures their constitutional rights.

The University of Arkansas-Pulaski Technical College “cancelled their ads with Little Rock’s Arkansas Times because owner Alan Leveritt won’t sign a pledge that his business does not boycott Israel. Leveritt doesn’t boycott Israel, but he considers a state law passed by Arkansas and 27 other states to be unconstitutional and he would rather risk his business than surrender his First Amendment rights.” The federal 8th circuit court eventually struck down the Arkansas law, though it is still in litigation.

The Georgia law is one of 38 passed by state legislatures around the United States. Whenever they have been challenged in court they have been struck down. The laws have been pushed by the US Israel lobbies, likely in conjunction with the Israeli government itself, in a frontal assault on the US constitution and American freedoms of expression and the press. The groups include Agudath Israel of America, American Israel Public Affairs Committee, American Jewish Committee, Israel Action Network, Israel Allies Foundation, Israel Project, Israeli-American Coalition for Action, (IAC for Action) an offshoot to the Israeli-American Council (IAC, Jewish Federations of North America, StandWithUs, Union of Orthodox Jewish Congregations of America, Zionist Organization of America. Jewish Americans in earlier decades had been absolutely crucial to the expansion of American liberties under the First Amendment, and Judge Cohen stands in that proud tradition. It is sad to see this hard line pro-Likud section of them now attempt to impose a Communist-style censorship on other Americans.

This country began with the Boston Tea Party, which was a boycott of the British East India Company.

—-

Bonus Video:

The Humanist Report: “Abby Martin WINS Lawsuit Against Georgia—Court Strikes Down Their Anti-BDS Law”

]]>
Pompeo’s attempt to Penalize Boycotters of Israel aims to Strengthen White Nationalism and Roll back Civil Rights https://www.juancole.com/2020/11/boycotters-strengthen-nationalism.html Fri, 20 Nov 2020 05:46:59 +0000 https://www.juancole.com/?p=194519 Ann Arbor (Informed Comment) – Carol Morello and
Steve Hendrix at the Washington Post
report that Secretary of State Mike Pompeo visited Israeli squatters on Palestinian land in the West Bank on Thursday (well, that is my characterization, they didn’t put it that way).

In a bid to please his evangelical constituency and potential Jewish big money backers like Sheldon Adelson, Pompeo made two announcements. He declared that goods produced by the Israeli squatter settlers on Palestinian property (which they have stolen from living Palestinian families), and which are imported into the US, will be labeled “Made in Israel.” In contrast, the European Union’s highest court has ruled that goods produced by Israeli squatters on the West Bank must be labeled as such when imported into Europe.

Pompeo also pledged to deny Federal funds to any group that advocates the boycott, divestment and sanction (BDS) movement against Israel for its Apartheid policies and war crimes against the Palestinian people.

The far right wing Israeli prime minister, Binyamin Netanyahu, has been attempting to destroy the US First Amendment for years, so as to push through laws in the US that would forbid criticism of Israel. In Trump and Pompeo he has found willing accomplices.

State legislatures have also attempted to deny funding to individuals and organizations that practice BDS toward Israel, and the courts have consistently struck down these unconstitutional laws. Likewise, the European Court of Human Rights has struck down French government attempts to penalize BDS advocates, in a landmark decision this past summer that affects all 27 EU member states. (See below for more on this).

The WaPo reporters note that neither policy will likely survive more than than the two months the Trump administration has left in office.

What they don’t say is that the denial of funds to BDS advocates is unconstitutional, and would be struck down even by the present the Supreme Court if it remained in place.

A further important point: White supremacists have been trying to ban boycotts since the Civil Rights Movement, and Pompeo’s measures on Thursday were intended to weaken that key First Amendment right.

I have explained before:

Boycotts aren’t illegal, and we have Supreme Court cases to prove it . . .
The key case is NAACP v. Claiborne Hardware.

Wikipedia explains,

    [I]n 1968, Martin Luther King, Jr. was assassinated, and a young black man, Roosevelt Jackson was shot and killed by two Port Gibson police officers. On April 19, 1968, the field secretary of the NAACP for Mississippi, Charles Evers, led a march to the Claiborne County courthouse and demanded that the entire Port Jefferson police force be discharged When the demand was not met, the boycott on the merchants was [imposed]. On April 21, Evers made a speech in which he said, “If we catch any of you going into these racist stores, we’re going to break your damn neck . . .
    “In a decision by Justice Stevens, the Supreme Court reversed the Supreme Court of Mississippi’s decision, holding that the nonviolent elements of the petitioners’ activities were protected by the First Amendment to the Constitution of the United States and holding that the petitioners were not liable in damages for the consequences of their nonviolent, protected activity. This decision means that “boycotts and related activities to bring about political, social and economic change are political speech, occupying “the highest rung of the hierarchy of First Amendment values.”

The Supreme Court found for the NAACP and against Claiborne Hardware in 1982: “While States have broad power to regulate economic activities, there is no comparable right to prohibit peaceful political activity such as that found in the boycott in this case.”

It is important to explain that Israel militarily occupied the Palestinian West Bank and Gaza in 1967, even though the civilian populations there were not active in the Six Day War, which was fought among states. International law, as with the Hague Regulations and the Geneva Conventions, envisages relatively short military occupations. It forbids the occupying power to alter the life ways of the occupied population, and strictly prohibits the settling of the Occupier’s population in the occupied territory.


h/t Wikimedia..

The Geneva Convention’s outlawing of settling the occupied territory was intended to prevent schemes like the one Nazi Germany attempted to implement in Poland once it invaded and occupied it, whereby Berlin sought to expel the Poles and replace them with ethnic Germans, creating a greater Germany that stretched east, and erasing the Polish nationality.

Netanyahu wants to prevent criticism of his government for its monstrous plan forever to keep Palestinians stateless and without rights, and to gradually displace them by Israeli squatters. The Founding Fathers’ First Amendment is extremely inconvenient for him, and thus he wants to chip away at it, deploying sleazy politicians like Pompeo.

I wrote earlier,

    Economic boycotts have been part and parcel of American political striving for liberty from the beginning. I have three words for you: Boston Tea Party. What do you think the American colonists were doing when they tossed 342 chests of British tea into the harbor? They were boycotting, divesting and sanctioning the injustice of King George III.

    Two Federal judges have already found state laws that attempt to punish companies or individuals for boycotting Israel unconstitutional, one in Kansas and one in Arizona.

    When Kansas fired Mennonite school teacher Esther Koontz from a program to train other teachers over her refusal to certify that she doesn’t boycott Israel (she does), the ACLU took the case to court and a Federal judge struck down the Kansas statute. The state legislature then reformulated so that it only affected big businesses under certain circumstances, which is also unconstitutional, but made it a little unlikely that the law would affect anyone.

    The same tactic is being pursued in the Arizona legislature, after a broad anti-boycott law was struck down by the courts. The GOP is now redoing the law in such a way that it is unlikely to affect anyone in the real world and so unlikely to be further challenged.

    Of course they are unconstitutional. They are also racist, aimed at keeping brown Palestinians down.

    It should be noted that the laws do not only punish companies. Most states treat individuals providing them services as companies categorized as “sole proprietors.” University professors invited to speak on campus in the states with these horrid laws have been asked to sign statements they don’t boycott Israel before being allowed to speak. These procedures are the most dangerous assault on free speech in the United States since the McCarthy era.

As for the European Court of Human Rights, here is that story:

    The French government actually arrested some members of the Left Front (Front de Gauche) political coalition, which has seats in the French National Assembly and in the European Union, for boycotting Israel, charging them with engaging in discriminatory practices. The Israeli far right, which is about as racist as the come, cynically manipulates public opinion in Europe and the US by claiming that criticizing its war crimes against Palestinians is a form of racial bigotry directed at Jews. This ridiculous charge is often actually taken seriously by people who should know better, including, apparently a French magistrate.

    The defendants in the French case took it to the European Court of Human Rights, which on Thursday struck down the French court decision with prejudice, saying it had “no relevant and sufficient grounds,” and ordered the French government to pay over $100,000 in damages to the defendants. Since the decision affects all 27 EU member states, it is a huge defeat for the Israeli far right, and a big victory in Europe for freedom of speech.

——

Bonus Video:

TRT World: “American journalist banned for rejecting pledge to not boycott Israel”

]]>
Federal Court Allows American Studies Association Boycott of Israel to Stand: Victory for BDS https://www.juancole.com/2020/07/federal-american-association.html Fri, 03 Jul 2020 04:02:19 +0000 https://www.juancole.com/?p=191864 ( American Studies Association) – In a unanimous ruling, a three-judge panel of the U.S. Court of Appeals for the D.C. Circuit has affirmed the district court’s dismissal of the lawsuit filed against the American Studies Association (ASA), its executive director, and eight former ASA officers or committee members: Lisa Duggan, J. Kēhaulani Kauanui, Sunaina Maira, Curtis Marez, Jasbir Puar, Chandan Reddy, Steven Salaita, and Neferti Tadiar. The definitive judgment rebukes the arguments advanced in the federal courts by four persons (Simon Bronner, Michael Rockland, Michael Barton, and Charles Kupfer) who have disputed the ASA’s endorsement of the boycott of Israeli academic institutions.

The decision on June 19, 2020, by two Republican appointees and one Democratic appointee, continues a string of victories for the ASA in a case it has defended since April 2016. Thomas C. Mugavero of Whiteford, Taylor & Preston L.L.P. argued the cause for appellees with counsel on the joint brief from Mark Allen Kleiman, and Maria C. LaHood and Shayana D. Kadidal of the Center for Constitutional Rights.

Background
In December 2013, with the recognition that “there is no effective or substantive academic freedom for Palestinian students and scholars under conditions of Israeli occupation” and that “Israeli institutions of higher learning are a party to Israeli state policies that violate human rights,” the ASA’s National Council endorsed “the call of Palestinian civil society for a boycott of Israeli academic institutions.” This resolution was ratified by the ASA’s membership with a vote of 66.05% “yes,” 30.5% “no,” and 3.43% “abstain.”

The ASA has previously won dismissal of two cases in New York brought by Israeli organizations, the International Legal Forum (ILF) and Athenaeum Blue & White. (The latter was incorporated by David Abrams on the day he filed the lawsuit. Founder of the Zionist Advocacy Center, which is a registered foreign agent for the ILF, Abrams has sued a wide range of entities, including the Carter Center, the National Lawyers Guild, the City of Durham, and at least three universities. He also petitioned the IRS to revoke the charitable status of Médecins Sans Frontières/Doctors without Borders.)

In their lawsuits alleging ASA’s boycott resolution and activities violate state and city human rights laws, the ILF and Abrams complained that the ASA does not permit Israeli organizations to become members, despite ILF’s admission that it never attempted to apply for membership and Abrams admission that his group’s application was fulfilled by ASA. The courts ruled that these organizations, having suffered no injury, had no standing to sue the ASA. The judge in Manhattan went a step further to opine: “Moreover, even if ILF’s claims were ripe, this court strains to see how ASA’s actions, as alleged by ILF, would not be protected under ASA’s right to freedom of association.”
The United States Court of Appeals’ recent decision in Bronner, et al. v. Duggan, et al, caps a succession of rejections of the Plaintiffs’ claims and arguments in the federal courts.

  • In March 2017, the district court dismissed “derivative claims” brought by the Bronner, et al., who made a failed attempt to represent what they claimed were the interests of the ASA.
  • By February 2019, the district court dismissed all remaining claims against the ASA, including the “ultra vires” claim in which Bronner, et al., accused the ASA of violating its own express purposes and bylaws in passing, implementing, and defending the boycott resolution.
  • As the court noted, Bronner, et al., also claimed “that—merely by their position as ASA members—they are entitled to collect hundreds of thousands of dollars” from the ASA and individual defendants for alleged misuse related to the boycott resolution. The ASA’s successful repudiation of this claim—made by academics who, while burdening the ASA with legal fees for several years, profess to be concerned about the ASA’s well-being—has protected these resources for the interests of our organization and the concerns of our diverse membership.

New Court of Appeals Ruling
With its ruling of June 19, 2020, the Court of Appeals has thoroughly rejected the arguments of Bronner, et al, to overturn these dismissals. It twice cited Bronner, Rockland, Kupfer, and Barton for stretching the relevance of case law “too far” and elsewhere opined that “the case law does not corroborate their unsupported assertions.” It repudiated the attempts of Bronner, et al., to utilize a valid direct claim as a “Trojan horse to sneak” invalid “derivative claims past the bulwarks of the federal courts.” The Court also rejected the plaintiffs’ claims for punitive damages. What may be of particular interest to ASA members is the court’s ruling denying the standing of Bronner, et al., to have their case heard in federal court based on the value of their alleged damages. “The Professors have provided nothing beyond a bare-bones assertion of jurisdictional sufficiency,” the judges declared, “to suggest that the monetary damages arising from their direct claims even remotely approach [the required threshold of] $75,000.” In other words, even if one took the major leap to assume that their claims were valid for the sake of argument, Bronner, et al., were deemed to have wildly overstated the maximum potential value of the damages they claimed to have suffer.
The decision by the federal Court of Appeals points out that that Bronner, et al., despite having multiple opportunities to do so, have offered no evidence that they suffered in any measurable way from decisions ASA leaders have made from the passage of the boycott resolution to the filing of their complaints. Regarding their apparent inability to identify any actual damages, the federal Court of Appeals noted:

    “The Professors nowhere explain how they have suffered economic or reputational damage. They assert no loss of standing within their universities. They do not purport to have been denied tenure, promotions or other prestigious honors. Nor do they claim to have had their writings rejected by academic journals.”
]]>
Nelson Mandela’s Church Joins Boycott, Divestment from Israel to Continue anti-Apartheid Struggle https://www.juancole.com/2019/10/mandelas-divestment-apartheid.html Sun, 27 Oct 2019 04:02:55 +0000 https://www.juancole.com/?p=187063 By Asa Winstanley | @AsaWinstanley | –

Nelson Mandela’s church, the Methodist Church of Southern Africa, this month endorsed Palestine’s Boycott, Divestment and Sanctions movement (BDS).

At a recent conference in Cape Town, the church denounced “Israel’s ongoing ill-treatment and oppression of Palestinian people, and the historic prophetic role played by the church and international community in fighting Apartheid, and any form of discrimination and injustice.”

The church also has communities in Namibia, Botswana, Lesotho, Swaziland and Mozambique – some two million congregants altogether.

Announcing the monumental decision, BDS South Africa pointed out the historic links of the country’s Methodist church to their country’s liberation struggle giant and first democratically-elected president, Nelson Mandela.

Mandela was brought up by a deeply religious Christian mother, and attended a series of Methodist schools throughout his youth.

Guest Writer: South Africa’s post-apartheid foreign policy on Israel-Palestine

In his 1994 autobiography, Long Walk to Freedom, Mandela recounted the often contradictory nature of being brought up in a colonial education aimed at “natives”, such as himself.

“The educated Englishman was our model,” he narrated, “what we aspired to be were ‘black Englishmen,’ as we were sometimes derisively called. We were taught – and believed – that the best ideas were English ideas, the best government was English government, and the best men were Englishmen.”

But, like many religious traditions tied up with colonial empires, the legacy of Methodism in southern Africa contained varying, and sometimes contradictory, tendencies.

As well as these colonial impulses, South African churches were also venues for the liberation struggle.

The most famous figure in this regard is, of course, the Archbishop Desmond Tutu. The Anglican church’s most titanic anti-apartheid veteran is also a vocal critic of the Israeli apartheid against the indigenous Palestinians, which he has described as being even worse than South African apartheid.

But the Methodist church too had its own figures of progress, and the church has long opposed apartheid.

South Africa stands with Palestine – Cartoon [Sabaaneh/MiddleEastMonitor]

Seth Mokitimi, one of Mandela’s teachers, later became the first black president of a major South African denomination – a move that required courage during the height of the apartheid regime in 1964.

Mandela’s religious convictions stayed with him beyond his childhood. In his memoir, he also recounts being “proselytised” (a tellingly religious term) for communism by “my first white friend,” Nat Bregman.

During Mandela’s early twenties, he and Bregman worked together in Johannesburg at a law firm run by a liberal Jewish sympathiser with the African National Congress (ANC) (whose armed wing Mandela would of course later go on to found).

All his life, and especially during the Cold War, Mandela famously denied being a communist, including during the ‘Treason Trial’ he was subjected to in the 1960s.

But after his death in 2013, both the ANC and the South African Communist Party confirmed (or revealed, depending on your point of view) that he had actually been a member. Indeed, the party stated “Mandela was not only a member of the then underground South African Communist Party, but was also a member of our Party’s Central Committee.”

READ: The powers that supported Mandela’s arrest are supporting apartheid in Israel today

Be that as it may, Mandela, in Long Walk to Freedom, wrote that Bregman’s entreaties towards joining the party didn’t win him over at the time, and that one of the reasons he did not join was because of his Christianity: “I was also quite religious, and the party’s antipathy to religion put me off.”

The adoption by Mandela’s church, of the BDS movement, then is hugely symbolic.

It is a recognition of how the BDS movement was explicitly modelled on the South African anti-apartheid boycott movement. More than that, it shows, once again, the leading role that South African activists are playing in the global movement for justice in Palestine.

They recognise apartheid when they see it.

The Methodist Church of Southern Africa’s policy on the boycott of Israel is a particularly good one. It instructs Methodists to boycott “all businesses that benefit the Israeli economy,” as BDS South Africa explained.

The church has also called for a “boycott of all Israeli pilgrimage operators and tours” and is urging Christians visiting the Holy Land to instead “deliberately seek out tours that offer an alternative Palestinian perspective.”

These are principled and practical measures that can have an impact on Israel. Slowly, but surely, BDS is making its mark.

Israel now dedicates untold millions of dollars towards fighting BDS – a sign that the strategy is having an effect.

South African churches’ BDS policies are something for us to emulate, and work towards in the West.

Amandla! Awethu!

Asa Winstanley is an investigative journalist living in London who writes about Palestine and the Middle East. He has been visiting Palestine since 2004 and is originally from south Wales. He writes for the award-winning Palestinian news site The Electronic Intifada where he is an associate editor and also a weekly column for the Middle East Monitor.

The views expressed in this article belong to the author and do not necessarily reflect the editorial policy of Middle East Monitor or Informed Comment.

Via Middle East Monitor

This work by Middle East Monitor is licensed under a Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International License.

——–

Bonus Video added by Informed Comment:

Rare Video: Nelson Mandela Speaking on Palestine [Extracts]

]]>