The United Nations and BDS (Boycott, Divestment and Sanctions): Modern Antisemitism

"9. To ensure accountability, the Committee and the wider membership reiterated calls for the implementation of relevant resolutions, including Security Council resolution 2334 (2016), and for reports on the implementation of that resolution to include information on compliance with its paragraph 5, in which States are called upon to distinguish in their dealings between Israel and the Palestinian territory occupied since 1967, including East Jerusalem (see S/2019/251 and S/2018/614). They also reiterated their call for the United Nations High Commissioner for Human Rights to publish in an expeditious manner the database of companies operating in Israeli settlements in the occupied West Bank, including East Jerusalem.
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38. As part of its priority to engage the European Union, the Committee sent delegations to Brussels and Berlin. The visit of the delegation to Brussels from 4 to 6 March 2019 mobilized regional and national support for the two-State solution and promoted concrete steps, such as the recognition of the State of Palestine and the protection of Palestinian civilians under occupation. Key action-oriented points raised during the visit included:... compliance with the European Union policy of differentiation regarding products imported into the European Union from the Occupied Palestinian Territory, in particular from illegal Israeli settlements, and as a requirement of Security Council resolution 2334 (2016); the publication by the United Nations of a database of businesses profiting from the occupation of the Palestinian territory;
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53. Several briefings and activities were organized within the framework of Committee meetings to update Member States and participants on specific issues. On 15 February 2019, a Committee meeting at Headquarters featured a videoconference with Amnesty International from East Jerusalem in which it presented a briefing on its report entitled "Destination: occupation – digital tourism and Israel's illegal settlements in the occupied Palestinian territories". The briefing provided information about the role of transnational e-tourism businesses in maintaining the Israeli occupation and highlighted how, by listing accommodations, attractions and tours located in settlements or run by settlers, four companies helped to sustain illegal Israeli settlements in the West Bank. In its report, Amnesty International recommended that Member States take regulatory action to prevent digital tourism companies domiciled or headquartered on their territory from providing or facilitating tourism services in settlements in the Occupied Palestinian Territory.
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64. At the United Nations Forum on the Question of Palestine on 4 April, the Committee invited Senator Frances Black of Ireland, who had spearheaded a bill in line with paragraph 5 of Security Council resolution 2334 (2016) and the European Union policy of differentiation regarding products imported from the Occupied Palestinian Territory. During those meetings, interlocutors recommended that the Committee organize events focused on the role of parliamentarians in finding a just solution for the question of Palestine.
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67. On the margins of the International Conference on the Question of Jerusalem, a Committee delegation held bilateral meetings with the President of the Human Rights Council, the United Nations High Commissioner for Human Rights and the President of the International Committee of the Red Cross to consider the stark humanitarian and human rights situation in the Occupied Palestinian Territory and progress on publishing the Human Rights Council-mandated database on businesses operating in the Israeli settlements.
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93. The Committee underscores the responsibility of States and private entities not to contribute to grave Israeli violations of Palestinian human rights, in particular with respect to settlements in the Occupied Palestinian Territory, including East Jerusalem. It looks forward to the publication, by OHCHR, of a database of all business enterprises engaged in certain Israeli settlement activities in the Occupied Palestinian Territory, as mandated by the Human Rights Council in its resolution 31/36."

"38. In a report (A/HRC/37/39) submitted pursuant to Human Rights Council resolution 31/36, in which the Council called for a database of all business enterprises either explicitly linked to the settlements or forming part of processes that enabled and supported the establishment, expansion and maintenance of the settlements (see A/HRC/22/63, para. 4), the Office of the United Nations High Commissioner for Human Rights (OHCHR) identified 206 companies that would be named in a future update after they had all been contacted. While asking for more resources to update the database, OHCHR stated that the presence of settlements in the Occupied Palestinian Territory served to depress the Palestinian economy and reduce opportunities for Palestinian businesses to thrive, which had a direct effect on the job market.
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Committee delegation visit to Uganda
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68. Interlocutors reiterated the support of Uganda for the work of the Committee and the inalienable rights of the Palestinian people. They also inquired about the concrete actions that the Committee was undertaking at United Nations Headquarters. They urged the Committee to focus on links between businesses and the Israeli occupation and to mobilize civil society, especially in the United States and Europe.
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6. Cooperation with civil society
76. The Working Group of the Committee, chaired by Malta and supported by the Division for Palestinian Rights, collaborates with civil society organizations,promoting the rights of Palestinian through the following activities:
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(d) Closed consultations with civil society organizations based in Palestine and Israel on 16 May, just before the Forum on the Question of Palestine. The consultations, attended by more than 20 organizations, provided an opportunity to meet with the Committee Working Group and member States. The civil society organizations recommended that the Committee adopt a more proactive advocacy policy within the United Nations to call for a systematic investigation into war crimes, compile research on best practices in relation to legal solutions for protracted displacement, and explicitly address the issue of business transactions in and with illegal Israeli settlements in the Occupied Palestinian Territory, including East Jerusalem, even in absence of an official United Nations database.
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101. The Committee underscores the responsibility of States and private entities not to contribute to grave Israeli violations of Palestinian human rights, in particular with respect to settlements in the Occupied Palestinian Territory, including East Jerusalem. It looks forward to the Office of the United Nations High Commissioner for Human Rights producing expeditiously a database of all business enterprises engaged in certain Israeli settlement activities in the Occupied Palestinian Territory, as mandated by the Human Rights Council in its resolution 31/36."

"12. Pursuant to resolution 31/36, the Human Rights Council requested the Office of the United Nations High Commissioner for Human Rights (OHCHR) to produce a database of all business enterprises involved in the activities described in the report of the independent international fact-finding mission to investigate the implications of the Israeli settlements on the civil, political, economic, social and cultural rights of the Palestinian people throughout the Occupied Palestinian Territory, including East Jerusalem (A/HRC/22/63, para. 96), to be updated annually, and to transmit the data therein in the form of a report to the Council at its thirty-fourth session. At its organizational meeting on 13 February 2017, the Council decided, for one time only, to defer its consideration of that report to the end of December 2017.
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109. The Committee underscores the responsibility of States and private entities not to contribute to grave Israeli violations of Palestinian human rights, particularly in respect of settlements in the Occupied Palestinian Territory, including East Jerusalem. It looks forward to the establishment of a database of all actors conducting business in areas under Israeli military occupation, as mandated by Human Rights Council resolution 31/36 of 2016. Within the context of that resolution and in accordance with paragraph 5 of Security Council resolution 2334 (2016), which calls upon States to distinguish, in their relevant dealings, between the territory of the State of Israel and the territories occupied since 1967, the Committee urges further steps by Governments, private businesses and other relevant bodies, including the European Union, to dissociate themselves from policies that directly or indirectly grant legitimacy to or support for illegal Israeli settlements in the West Bank and East Jerusalem and the occupation at large."

12. Pursuant to its resolution 31/36, the HRC had requested OHCHR to produce a database of all business enterprises involved in the activities detailed in the report of the independent international fact-finding mission (A/HRC/22/263, para. 96) concerning the Israeli settlements in the OPT, to be updated annually, and to transmit the data therein in the form of a report to the Council at its thirty-fourth session. At its organizational meeting on 13 February, the HRC decided, for one time only, to defer its consideration of this report to the end of December 2017.
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109. The Committee underscores the responsibility of States and private entities not to contribute to grave Israeli violations of Palestinian human rights, particularly in respect of settlements in the OPT, including East Jerusalem. It looks forward to the establishment of a database of all actors conducting business in areas under Israeli military occupation, as mandated by Human Rights Council resolution A/HRC/31/L.38 of 2016. Within the context of this resolution as well as paragraph 5 of Security Council resolution 2334 (2016) calling upon states to 'distinguish, in their relevant dealings, between the territory of the State of Israel and the territories occupied in 1967', the Committee urges further steps by Governments, private businesses and other relevant bodies including the European Union, to dissociate themselves from policies which directly or indirectly grant legitimacy or support illegal Israeli settlements in the West Bank and East Jerusalem, and the occupation at large."

"17. On 24 March, the Human Rights Council adopted four resolutions relating to the Occupied Palestinian Territory. In the three customary resolutions, adopted without a vote, the Council reaffirmed the inalienable, permanent and unqualified right of the Palestinian people to self-determination (resolution 31/33); demanded that Israel cease all practices and actions that violate the human rights of the Palestinian people or the character, status and demographic composition of the Occupied Palestinian Territory (resolution 31/34); and requested the United Nations High Commissioner for Human Rights to investigate the implications of settlements on the civil, political, economic, social and cultural rights of the Palestinian people (resolution 31/35). Of particular significance was a new resolution (resolution 31/36) on Israeli settlements in the Occupied Palestinian Territory, including East Jerusalem, and in the occupied Syrian Golan, in which the Council called upon Israel to immediately cease and reverse all settlement activities and called upon the United Nations High Commissioner for Human Rights to produce a database of all actors conducting business in areas under Israeli military occupation, bearing in mind the Guiding Principles on Business and Human Rights
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101. The Committee underscores the responsibility of States and private entities not to contribute to grave Israeli violations of Palestinian human rights, in particular in respect of settlements in the Occupied Palestinian Territory, including East Jerusalem. It welcomes in that regard the adoption by the Human Rights Council of its resolution 31/36 calling for the creation of a database of all actors conducting business in areas under Israeli military occupation. The adoption of the resolution is in line with the appropriate stance of the European Union on the importation of products from settlements, encouraging its members and other organizations and States to adopt and implement policies that guarantee adherence to international conventions in regard of illegal settlements in occupied areas, in particular the Fourth Geneva Convention. It welcomes further steps taken by Governments and private businesses to dissociate themselves from policies that directly or indirectly support settlements."

"89. The Committee underscores the responsibility of States and private entities not to contribute to grave Israeli violations of Palestinian human rights, particularly in respect of settlements in the Occupied Palestinian Territory, including East Jerusalem. It welcomes in that regard the appropriate stance of the European Union on the importation of products from settlements and encourages the European Union and other organizations and States to adopt and implement other such policies that guarantee adherence to international conventions in regard of illegal settlements in occupied areas, particularly the Fourth Geneva Convention. It welcomes further steps taken by Governments and private businesses to dissociate themselves from policies that directly or indirectly support settlements."

"79. The Committee underscores the responsibility of States and private entities not to contribute to grave Israeli violations of Palestinian human rights, in particular in respect of settlements in the Occupied Palestinian Territory, including East Jerusalem. It welcomes in that regard the entry into force of European Union guidelines that prohibit funding by European Union institutions for Israeli entities connected with settlements and the importation of settlement agricultural produce. It welcomes further steps taken by Governments and private businesses to dissociate themselves from settlements."

"23. The international fact-finding mission to investigate the implications of the Israeli settlements on the civil, political, economic, social and cultural rights of the Palestinian people throughout the Occupied Palestinian Territory, including East Jerusalem, appointed by the Human Rights Council and led by Christine Chanet, Judge of the Court of Cassation of France and member of the Human Rights Committee, published its findings on 31 January 2013 (A/HRC/22/63), stating that numerous of the human rights of the Palestinian people were being violated owing to the Israeli settlement campaign and stressing that the violations were interrelated and formed part of an overall pattern of breaches characterized principally by the denial of the right to self-determination and systematic discrimination against the Palestinian people occurring daily. Since 1967, the Governments of Israel had openly led, directly participated in, and had full control of the planning, construction, development, consolidation and encouragement of the settlements and private entities had enabled, facilitated and profited from the construction of the settlements. The mission considered that, in relation to the settlements, Israel was committing serious breaches of its obligations under the right to self-determination and certain obligations under international humanitarian law, including the obligation not to transfer its population into the occupied territory and that, in compliance with article 49 of the Geneva Convention relative to the Protection of Civilian Persons in Time of War of 1949 (Fourth Geneva Convention), Israel must cease all settlement activities without preconditions. It also stated that ratification by the State of Palestine of the Rome Statute of the International Criminal Court, which establishes the jurisdiction of the Court over the deportation or transfer, directly or indirectly, by the occupying Power of parts of its own population into the territory it occupies, might lead to accountability for gross violations of human rights law and serious violations of international humanitarian law and justice for victims.
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82. The Committee welcomed the findings and recommendations of the international fact-finding mission on Israeli settlements in the Occupied Palestinian Territory, which highlighted the responsibility of States and private entities not to contribute to grave Israeli violations of Palestinian human rights, in particular in respect of settlements. It further welcomes in this regard the recently adopted European Union guidelines that prohibit funding by European Union institutions for Israeli entities connected with the settlements, as an overdue first step towards fulfilling obligations under international law. This measure should be followed up by further international action against settlements."

"84. The Committee...intends to mobilize increased international scrutiny of the developments on the ground, in particular the halting of all settlement activities in the West Bank and East Jerusalem, and an end to all other illegal Israeli policies and practices in the Occupied Palestinian Territory. It will support global campaigns to challenge Israeli impunity and promote the concept of Israeli accountability for its actions towards the Palestinian people."

"81. The Committee...intends to mobilize increased international scrutiny of the developments on the ground, in particular the halt of all settlement activities in the West Bank and East Jerusalem, and an end to all other illegal Israeli policies and practices in the Occupied Palestinian Territory. It will support global campaigns to challenge Israeli impunity and promote the concept of Israeli accountability for its actions towards the Palestinian people."

"90. The Committee...intends to mobilize increased international scrutiny of the developments on the ground, in particular the halt of all settlement activities in the West Bank and East Jerusalem, and an end to all other illegal Israeli policies and practices in the Occupied Palestinian Territory. It will support global campaigns to challenge Israeli impunity and promote the concept of Israeli accountability for its actions towards the Palestinian people."

"97. The Committee is seriously concerned over Israel's ongoing settlement activity. It reiterates that the presence of settlements in the Occupied Palestinian Territory, including East Jerusalem, is illegal under international law. It calls upon Israel to immediately cease settlement activity, including construction related to so-called "natural growth", and to dismantle settlement outposts. The Committee welcomes the fact that the international community has remained focused on the damaging effects of Israel's settlement policies for the achievement of a two-State solution and calls for serious action to be taken in that regard."

From U.N. Meetings Coverage: "Also concerning was its expansion of settlements and consequent forcible displacement of civilians and de facto annexation of Palestinian lands. Such practices could give rise to further destabilization, he cautioned, calling upon the international community to adopt practical measures to block the occupying Power once for all."

"During the meeting, Omar Shakir, Human Rights Watch's Israel Palestine's Country Director, called the Member States to ensure that businesses stop operating in, financing, servicing, or trading with Israeli settlements in order to comply with their obligations under international law and human rights law. Human Rights Watch suggested that aid to Israel be reduced in the amount it spends on settlements..."

"There were also proposals on the targeting of multinationals, multinational companies, who work in the occupied state in order to make it clear to them that this is illegal business, this is exploitation. There was also another approach taken. That was to indicate that from a moral and political point of view, there are guiding principles on companies or for companies and multinationals when it comes to their respect for human rights, the Principles of Business and Human Rights..."

From U.N. Meetings Coverage: "The Committee would also welcome measures by the Human Rights Council to accelerate implementation of its resolution, which called for the creation of a database of all actors conducting business in areas under Israeli military occupation. It would encourage other organizations and States to adopt and implement policies guaranteeing adherence to international conventions, particularly the Fourth Geneva Convention, in connection with illegal settlements in occupied areas."

"In this regard, the Committee welcomes recent efforts in the European Union to strengthen its policies vis-à-vis Israeli settlements and any commercial products originating from them. Governments, parliamentarians and civil society are called upon to work together in this regard."

From U.N. meetings coverage: "Calls were made to expand the Quartet on the Middle East in a balanced manner to boost its effectiveness, he continued, as well as to raise the cost of occupation for Israel and boycott settlements. All these are daunting challenges that our Committee will be following up on in the months to come,' he added."

From U.N. summary record: "...the International Conference of Local Governments and Civil Society Organizations in Support of Palestinian Rights...He and the Ms. Rubiales de Chamorro (Nicaragua), Vice-Chair, had attended on behalf of the Committee...A session on ending Israeli impunity touched on the parallels between the Israeli occupation and apartheid; examined the accountability instruments under the European Union; and identified corporations profiting from the occupation, including G4S, a private security contractor. Civil society representatives had expressed concern that G4S also had contracts with the United Nations in other parts of the world. A panel on the boycott, divestment and sanctions movement had discussed the strategy of linking Palestinian rights to a global struggle for human rights and had identified progressive trends in support of Palestine on university campuses."

From U.N. summary record: "In the light of Israel's intransigence, it was imperative that the United Nations should devise measures to follow up on the advisory opinion and compel Israel to abide by it. The Committee must also strengthen its cooperation with civil society organizations, academia and the business community, which often wielded considerable power to influence government policy."

"Ensuring that businesses and corporations have no links with companies involved with and profiting from the occupation, including from the settlements and the wall, would be a significant step to uphold international law. The Committee commends the European Union guidelines in that regard prohibiting funding to settlements and all other measures undertaken by States to hold Israel accountable for its violations in this regard."

NOTE: The statement was issued by the Committee itself, composed of the following member states: Afghanistan, Belarus, Bolivia, Cuba, Cyprus, Ecuador, Guinea, Guyana, India, Indonesia, Lao People's Democratic Republic, Madagascar, Malaysia, Mali, Malta, Namibia, Nicaragua, Nigeria, Pakistan, Senegal, Sierra Leone, South Africa, Tunisia, Turkey, Ukraine and Venezuela.

From U.N. summary record: "The one-day Meeting of Civil Society [in Support of Israeli-Palestinian Peace] had allowed participants to exchange views on such matters as the growing boycott, divestment and sanctions movement."

From U.N. summary record: "Several European banks and pension funds had joined the campaign against Israeli companies involved in illegal settlement activity in the Occupied Palestinian Territory, including Norway's Government Pension Fund, Denmark's largest bank, the largest bank in Scandinavia, and Luxembourg's general pension fund. Norway's YMCA/YWCA had urged support for the Boycott, Divestment and Sanctions movement against Israel until it ended its occupation."

"The Bureau also expresses its support for European initiatives to put pressure on entities promoting the expansion of illegal settlements, and encourages all Governments to follow suit."

NOTE: The 2013 CEIRPP Bureau consisted of Senegal (Abdou Salam Diallo, Chairman), Afghanistan (Zahir Tanin, Vice-Chair), Cuba (Rodolfo Reyes Rodriguez, Vice-Chair), Indonesia (Desra Percaya, Vice-Chair), Namibia (Wilfried Emvula, Vice-Chair), Nicaragua (Maria Rubiales de Chamorro, Vice-Chair), and Malta (Christopher Grima, Rapporteur).

From U.N. summary record: "Israel must not be allowed to benefit economically from its occupation of Palestinian land. In that connection, he commended the guidelines adopted by the European Union on the eligibility of Israeli entities and their activities in the territories occupied by Israel since June 1967 for grants, prizes and financial instruments funded by the Union. All States should adopt similar measures."

"We welcome the findings of the fact-finding mission on settlements, dispatched by the Human Rights Council, and urge all Member States to demonstrate active solidarity by implementing its recommendations. We call on the Security Council and the High Contracting Parties to the Fourth Geneva Convention to uphold their responsibilities. We support actions and initiatives that promote accountability for actions by third parties that contribute to grave Israeli breaches of international law."

NOTE: The declaration was issued by the Committee itself, composed of the following member states: Afghanistan, Belarus, Bolivia, Cuba, Cyprus, Ecuador, Guinea, Guyana, India, Indonesia, Lao People's Democratic Republic, Madagascar, Malaysia, Mali, Malta, Namibia, Nicaragua, Nigeria, Pakistan, Senegal, Sierra Leone, South Africa, Tunisia, Turkey, Ukraine and Venezuela.

From U.N. summary record: "Although civil society organizations around the world had organized highly effective campaigns against goods produced in Israeli settlements, it was important to continue raising awareness among those who were not familiar with the campaigns and encourage them to participate. The participants had also called on the Committee to re-examine and restructure its programme of work in order to accommodate the needs of civil society organizations."

From U.N. summary record: "The Meeting had been followed by consultations with civil society organizations active on the question of Palestine. Representatives from 12 civil society organizations had participated in a frank and constructive exchange on ways to improve cooperation in support of the Palestinian cause, which included organizing parallel events during the sessions of the Human Rights Council. They had called upon the Committee to support their boycott, divestment and sanctions campaign against Israel and for the Division to enhance its links with civil society organizations in order to strengthen support for the Committee's goals."