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Latest news from MN BBC and the boycott, divestment and sanctions community.

Mustafa Tamimi shot in the face by an Israeli soldier; meanwhile the MN SBI reiterates that they do not base their investments on morality

By Beth Atim, December 14, 2011

On Friday, December 9, 2011, an Israeli soldier ruthlessly killed Mustafa Tamimi, a Palestinian from the village of Nabi Saleh in the West Bank, Palestine. He was intentionally shot in the face with a tear gas canister from the back of an army jeep just a few yards away during the weekly demonstration against the colonization of his land.

Last Sunday, thousands gathered to mourn his death. Wrapped in a Palestinian flag and keffiyeh, Tamimi was carried through the streets of Ramallah and onto his home village, followed by a long procession of cars moving at the slow pace of a mournful community.

Photos captured of Tamimi just before and after he was hit have circled the globe, bringing feelings of horror to those who see them. One of these images depicts Tamimi’s head being held steady by the desperate hands of a fellow-demonstrator as blood spills out of his gushing wounds and pools below his almost-lifeless body. These are the images that we fear to look at; we gasp in disbelief and are left with a great sense of sadness for humanity.

We cannot help but think of the soldier who made the decision to shoot with such intentionality and precision at Tamimi. The systems of militarization and colonization that the Israeli government implements not only negatively affect the Palestinians, but it also dehumanizes Israeli youth by training and instructing them to occupy, torture, and kill.

This is the reason we do what we do; it is the reason we call on the Minnesota State Board of Investment with great urgency to divest from Israel until they abide by international law.

On Monday December 12th, members of MN Break the Bonds attended the State Board of Investment meeting during which one of the Board members stated, “Whenever I have a difficult situation on any of the boards I serve on, I always go back to my authority and my responsibility as defined by state law and the constitution. And they don’t list morality…”

When public officials so confidently state that their dedication is to the law regardless of morality, it is extremely difficult to believe that they understand the weight of such a statement. We sincerely hope that any such statement was made without full reflection. In light of yet another death at the hands of Israel’s occupation, we must take ownership of the fact that the Israel Bonds in which Minnesota is invested support Israeli settlements which suffocate the West Bank, the Apartheid Wall which cages in a whole society, and the military that occupies it.

Tamimi and the countless others whose lives have been taken by the Israeli Occupation Forces put a face on the struggle for Palestinian liberation. These are the faces we must remember. These are the faces that remind us how critical it is to look at what we finance and why. Minnesota, let us be a state that puts human rights first and divest from the Israeli occupation.

Photo: electronicintifada.net

National Lawyers Guild writes letter of support for MN BBC Lawsuit to MN Attorney General Lori Swanson

You know your legal case has a strong backbone when…”the oldest and most extensive network of public interest and human rights activists working within the legal system” expresses support for it!

 

That network makes up the National Lawyers Guild, a non-profit federation of several thousand lawyers, legal workers, and law students that has been working to “advance social justice and support progressive social movements” since 1937. For more information about the NLG, visit their website at www.nlg.org/.  The following letter was sent by their National Executive Committee to the Minnesota Attorney General:

Thank you NLG!

December 13, 2011

To: Attorney General Lori Swanson
CC: Governor Mark Dayton, State Auditor Rebecca Otto, Secretary of State Mark Ritchie

On behalf of the National Lawyers Guild, we write in support of the lawsuit filed on November 29, 2011, against the Minnesota State Board of Investment (SBI) which seeks a judgment directing the SBI to divest from Israel Bonds.

The complaint against the SBI makes pointed reference to Article 49 of the Fourth Geneva Convention, to which both the United States and Israel are parties. Article 49 specifically prohibits an occupying power from transferring (settling) parts of its own civilian population into territory it occupies. Article 49’s anti-colonization provisions are jus cogens, which means that they are mandatory norms of international law. Jus cogens violations are not political questions.

As the complaint abundantly shows, there is no credible dispute that Israel has been in continuous violation of Article 49 since shortly after the 1967 war by engaging in ever-accelerating settlement building activities in the Occupied Palestinian Territories, including East Jerusalem. In the last ten years, the United States has reduced its loan guarantees to Israel by nearly one billion dollars in response to Israel’s illegal settlement activities. The International Court of Justice has issued an advisory opinion confirming the illegality of Israel’s settlement activities and the UN Security Council has issued a number of resolutions condemning Israel for these activities.

It is well known that money obtained from the sale of sovereign Israel Bonds is used by Israel to fund its continued violations of Article 49 in the Occupied Palestinian Territories. On its Israel Bond website, the Government of Israel goes so far as to even promote its settlement infrastructure projects along with its official slogan that Israel Bonds are a “Bond with Israel”.

Despite having been repeatedly informed that money generated from the sale of Israel Bonds is used by Israel to violate the Fourth Geneva Convention, the stridency by which the SBI clings to its Israel Bond investments demonstrates that they are at least “purposive”. This means that the Board is aiding and abetting Israel’s violations of international law. Such aiding and abetting is itself a violation of international law.

The SBI’s violation of international law also violates Minnesota law. The Fourth Geneva Convention is part of the supreme law of the land and must be regarded as part of the law of each individual state to the same degree as the state’s own statutes. Additionally, the Minnesota statutes impose an express fiduciary duty on each Board member to invest “in a manner consistent with law.” By aiding and abetting Israel’s violations, the Board members are investing state pension funds in a manner not consistent with law and violating their fiduciary obligations to the citizens of Minnesota.

By investing in Israel Bonds to “Bond with Israel”, the SBI has made an international law issue a Minnesota law issue. Under Minnesota law, the SBI’s investments in Israel Bonds are illegal and Minnesota should immediately divest.

National Lawyers Guild

 

Letter originally posted with photo: http://nlginternational.org/news/article.php?nid=452

Read the full text of the complaint for our lawsuit against the SBI here

The Minnesota Break the Bonds Campaign (MN BBC), along with the individuals and organizations listed below, is serving a lawsuit on the Minnesota State Board of Investment (SBI) with a demand that it divest from sovereign Israel Bonds.

The full text of the Complaint for Declaratory Judgment and Affirmative Relief which will be served on the SBI on November 29, 2011 can be downloaded as a PDF here: MNBBCvSBI.

Plaintiffs:

Minnesota Break the Bonds Campaign, Bil‟in Popular Committee Against the Wall and Settlements, Women Against Military Madness-Middle East Committee, LuciaWilkes Smith, Margaret Sarfehjooy, Catharine Abbott, Barbara Hill, Polly Mann, Leona Ross,Sylvia Schwarz, Nadim Shamat, Sarah Martin, Robert Kosuth, Mary Eoloff, Nick Eoloff, Vern Simula, Cynthia Arnold, Newland F. Smith, III, Ronnie Barkan, Ofer Neiman, David Nir, Leehee Rothschild, Renen Raz, Dorothy Naor, Gal Lugassi, Boycott From Within, David Boehnke

Defendant:

Minnesota State Board of Investment

Summary of Complaint taken from pages 31-32

Plaintiffs demand that the SBI divest from Israel Bonds on the basis that monies invested in Israel Bonds are pooled in Israel’s general treasury without restriction on use and that the SBI knows that these pooled funds augment funds that are then used and have been used by Israel to fund activities that violate customary international law. The SBI has refused to divest, in violation of its statutory obligation to act prudently. An actual controversy and dispute of a justiciable nature has therefore arisen between the plaintiffs and defendant.

PRAYER
WHEREFORE, plaintiffs pray for the following declaratory relief:
1. That this Court determine and declare that by investing in Israel Bonds,
a) the SBI has exceeded its investment authority;
b) the SBI has violated its statutory duty to invest plan assets lawfully; and
c) the SBI has violated the prudent person standard.
2. That this Court grant plaintiffs a temporary injunction prohibiting the SBI from further investing in Israel Bonds pending the outcome of this case and enter a final judgment directing the SBI to divest from all Israel Bonds.
3. That this Court grant to plaintiffs such other and further relief as the court may
deem just and equitable.

Note: Attorneys for the plaintiffs are listed on page 33 of the Complaint

Photo: employmentspot.com

Media Release 11/28/11: MN BBC serves lawsuit on MN State Board of Investment

Citizens’ Campaign Sues Minnesota State Board of Investment for Illegal Investments in Israel Bonds

IMMEDIATE RELEASE

November 28, 2011

Media Contacts:
Beth Atim: 612-756-6613 (cell)
Sylvia Schwarz: 651-485-5269 (cell)

[Minneapolis] MN Break the Bonds Campaign (MN BBC), a statewide campaign aimed at stopping Minnesota investment in Israel’s human rights and international law violations, along with several individuals and organizations, is serving a lawsuit on the Minnesota State Board of Investment (SBI) with a demand that it divest from sovereign Israel Bonds.

The lawsuit contends that the SBI’s investment in Israel Bonds is unlawful and imprudent.  The investment violates Minnesota statutes that control the types of foreign investments the SBI is permitted to make. Foreign government bonds, including Israel Bonds, are not included in the SBI’s statutory list of authorized investments. Canadian Bonds are the only exception.

The lawsuit further claims that the SBI’s investment in Israel Bonds is unlawful because the SBI is knowingly aiding and abetting Israel’s internationally recognized violation of Article 49 of the Fourth Geneva Convention by financing Israel’s illegal settlement activities, which involve the prohibited transfer of Israel’s civilian population into the occupied Palestinian territories. International law affirms the culpability of those who financially aid and abet this type of international law violation.

Finally, the lawsuit argues that the SBI is in breach of its fiduciary obligations by exposing Minnesota taxpayers to liability to any victims of Israel’s human rights abuses and international law violations due to its material support of Israel’s unlawful activities.

MN BBC is a group of Palestinians, Jews, Christians, Muslims, students, professionals, parents, community members and allies working together to educate Minnesota communities about injustices suffered by Palestinians in order to promote justice and human rights.  MN BBC believes that the people of Minnesota have the moral obligation to make sound investments that will not aid the oppression of any one race, creed or people.

The lawsuit will be served on November 29, 2011 at the Attorney General’s office, 1400 Bremer Tower, 445 Minnesota Street, St. Paul.  Members of MN BBC will begin gathering at the base of the escalators at 9:30 am, and then proceed to the AG’s office to serve the complaint at 10:00. Reporters and media are welcome to interview members of MN BBC and some of the co-plaintiffs following service of the complaint. Copies of the lawsuit will be available to the press. For more information, see the article at Mondoweiss.net, http://bit.ly/veexzS



Mondoweiss article explains context of MN BBC lawsuit

by Sylvia Schwarz and Phil Benson, Mondoweiss, November 22, 2011

Minnesota is among twenty-two states and the District of Columbia which invest in State of Israel Bonds. Proceeds from the sale of Israel Bonds are disbursed by Israel’s Ministry of Finance to various Israeli government agencies and then used, in part, to fund illegal settlement activities in the West Bank, including the construction of the apartheid wall, the confiscation of Palestinian lands and the construction of Israeli-only bypass roads.

The State Board of Investment (SBI) is charged with managing Minnesota’s public employee pension fund investments, including the Israel Bond investments. The members of the SBI (Governor Mark Dayton, Secretary of State Mark Ritchie, Attorney General Lori Swanson and State Auditor Rebecca Otto) have a statutory responsibility to the taxpayers to invest prudently and lawfully, while the SBI claims that it has no obligation to take into account moral or ethical issues in making investment decisions.

Minnesota Break the Bonds Campaign (MN BBC) was formed in response to the 2005 Palestinian civil society call for Boycott, Divestment and Sanctions of Israel and chose as its specific target the millions of dollars in Israel Bonds that the SBI holds in its portfolio. One of the primary reasons for targeting these state investments was the opportunity it provides to educate a broad state-wide audience to remedy the extreme dearth of accurate public knowledge of the Palestine/Israel situation. To this end, members of MN BBC have been traveling the state and presenting programs and educational events, film series and discussion sessions. Our group has grown from its two founders in 2006 to several hundred active members today.

Along with its educational component, for more than a year members of MN BBC have been meeting with state senators and representatives to encourage them to sponsor a bill to divest from Israel bonds. This effort has been largely met with steely stares and forced smiles. Invariably, legislators tell us that they have no control over the investments and that we should be speaking to the SBI. This we did. At one notable SBI meeting, several MN BBC members addressed the board, and although Governor Dayton listened respectfully, he clearly had other things on his mind. The response from the SBI was that we should instead be speaking to the legislators, since they had the power to legislate bans on certain investments.

While our appeal to the legislators and to the SBI was based on moral and ethical grounds, we also informed the Board that its investments in Israel Bonds were already illegal under existing Minnesota law. The Minnesota statute that controls the SBI’s investment decisions only permits investment in a narrow category of government bonds, including Canadian and U.S. Government bonds. Israel Bonds are not included. Nor, for example, are the government bonds of Iran, North Korea and Sudan included. Interestingly, the Minnesota legislature passed divestment legislation targeting privately held companies doing business in Iran and Sudan. These Iran and Sudan divestment bills include no provisions requiring divestment from the government bonds of either of those two countries, since any such investments are already prohibited, just as investment in Israel Bonds. Yet, the only foreign country (outside of Canada) in which Minnesota has invested in government bonds is Israel. Minnesota law is being broken for Israel alone.

In addition to the Minnesota statutory violation, Minnesota has an obligation to comply with all international conventions and treaties of which the U.S. is a signatory. This includes the Fourth Geneva Convention. Article 49 of the Fourth Geneva Convention prohibits transferring the civilian population of the occupier into occupied territory. Israel, in contravention of this article, has been transferring Israeli civilians into the West Bank since 1967. The UN, the International Court of Justice and the United States Government all concur that this transfer is illegal. Knowingly providing financial material support for Israel’s illegal settlement activities and infrastructure equally violates the law.

The SBI has a duty to protect the taxpayers and the state pension plan from lawsuits. By financially aiding and abetting Israel’s violation of Article 49 and other international laws, the SBI could potentially be sued by victims of these violations. These lawsuits could come under the Alien Tort Claims Act (ATCA), an 18th century law allowing foreigners to bring lawsuits in U.S. courts against those who aid and abet international law violations committed against them. Minnesota’s investment in Israel Bonds exposes the SBI and its agents, officers and employees to these lawsuits. Minnesota’s taxpayers would be stuck with the bill for defending against any such lawsuits and paying for any adverse judgments.

Because the SBI has refused to divest from its Israel Bond investments, before the end of November, MN BBC will serve a lawsuit on the Minnesota SBI seeking an order from the court directing the SBI to immediately divest from Israel Bonds and to refrain from purchasing more on the grounds that 1) the SBI’s investments in foreign government bonds (with the exception of Canadian bonds) are illegal according to Minnesota statutes; 2) investments in Israel Bonds aid and abet Israel’s continuing violations of Article 49 of the Fourth Geneva Convention contrary to international, U.S. and Minnesota law; and 3) by investing in illegal settlement activity, the SBI exposes Minnesota taxpayers and the state pension plan to potential lawsuits.

We believe strongly that the law is on our side. The lawsuit will also help to educate Minnesotans and Americans about the ongoing international law violations occurring in Israel and Palestine which our government leaders and politicians have supported with impunity. This is a small part of the work involved in solidarity with Palestinians and the call for BDS. The struggle for human rights continues.

P.S. We have recently been informed that the Minnesota State Board of Investment has invested in sovereign German bonds. Although this is in violation of state statutes, it is no longer correct that Israel is the only country for which Minnesota has violated its own laws.

Phil Benson is an active member of Minnesota Break the Bonds Campaign and Friends of Sabeel North America. As an activist Presbyterian, Phil’s Christian values have been the force behind his work for justice in Palestine. Sylvia Schwarz is an engineer in St. Paul, a member of Minnesota Break the Bonds Campaign and the International Jewish Anti-Zionist Network.

MN BBC Response to Richard Goldstone’s NYT op-ed

Campaign Statement, November 11, 2011

On November 5, 2011 the third international session of the Russell Tribunal convened in Cape Town, South Africa to examine the question: “Are Israel’s practices against the Palestinian people a breach of the prohibition on Apartheid under International Law?” The Tribunal is needed, claims its informational material, because “condemnations [of Israel’s violations of human rights and international law by the international community] have not been accompanied by sanctions of any kind [and therefore] Israel enjoys the tacit support of the international community.” The Russell Tribunal, while having no ability to force compliance with its rulings, is an educational tool seeking “to mobilize international public opinion so the UN and member states can be persuaded to act to end Israel’s impunity and build a lasting just peace.”

In advance of the convening of the Russell Tribunal, Richard J. Goldstone, who had chaired a UN commission to investigate potential war crimes and crimes against humanity committed during the Israeli incursion into Gaza in December 2008 – January 2009, wrote an op-ed in the New York Times entitled “Israel and the Apartheid Slander.”

After months of relentless pressure from Israel and Zionists in his native South Africa, including nearly being prevented from attending his grandson’s bar mitzvah, Goldstone issued a repudiation of parts of the report that his commission had written (Report of the United Nations Fact-Finding Mission on the Gaza Conflict, nicknamed the Goldstone Report). Several analysts have determined that no new information led to the repudiation of the original report (see, for example, Norman Finkelstein’s analysis) and that the original conclusions of the report stood. Importantly, none of the other members of the UN Commission repudiated any part of the report.

Apparently the pressure on Goldstone continues, because in his November 1 editorial he claims that Israel’s system of racially-based laws privileging Jews over non-Jews, restricting Palestinians’ movements, subjecting the Palestinians to cruel and degrading treatment at checkpoints, encircling Palestinian villages into ever smaller ghettos, denying them water, education, health services, and arbitrarily arresting them, is somehow not as cruel as South Africa’s Apartheid. He also made disparaging remarks about the quality of the experts at the Tribunal. The jury includes Stéphane Hessel, a Resistance fighter during WWII and survivor of the Nazi concentration camps who also played an important role in writing the Universal Declaration of Human Rights; Gisèle Halimi, a French-Tunisian lawyer, feminist, and writer; Ronald Kasrils, a South African writer, politician, and activist; Marraid Corrigan Maguire, Nobel Peace Prize laureate from Northern Ireland, and Alice Walker, a writer and human rights activist from the U.S. These and the rest of the jurors are exceptional human rights and international law experts, any of whom Judge Goldstone would have been proud to work with in an earlier time.

Minnesota Break the Bonds Campaign (MN BBC) takes the position that the Israeli system of legalized discrimination is apartheid, as was concluded by the Human Rights Research Council of South Africa, and therefore its perpetrators are punishable under the UN Convention on the Suppression and Punishment of the Crime of Apartheid. Further, MN BBC believes the work of the Russell Tribunal is essential and we welcome its findings. MN BBC rejects Richard Goldstone’s actions and words which result in no elucidation of the conflict or its causes, and we will continue to work tirelessly for human rights in Palestine.

 

Photo: electronicintifada.net

The Irvine 11: Free Speech, Islamophobia, and Israel’s Reach

September 29, 2011

The Minnesota Break the Bonds Campaign (MN BBC) denounces the convictions of the Irvine 11 students for conspiracy and disruption.

In February 2010 Israeli Ambassador Michael Oren visited the University of California’s Irvine campus to give a speech. This speech was an example of “rebranding Israel,” one of the Reut Institute’s recommendations for reshaping Israel’s worsening image in the world. Oren’s speech was interrupted by shouts from 11 students, who, one by one were led out of the auditorium by police (video here). UCI Chancellor Michael Drake, visibly embarrassed by the students’ behavior, attempted to shame them. Several pro-Israeli students in the audience attempted to silence the protestors using ridicule. At the end of the video a professor is seen telling the students that they have all flunked their exams.

The eleven protesting students, all Muslim and apparently all of Middle Eastern descent or origin, were subsequently charged with crimes. The charter of the student organization to which they belonged, the Muslim Student Union was revoked and the organization was placed on probation for two years.

A similar demonstration in New Orleans by the group Young Jewish and Proud, during a speech by Israeli Prime Minister Benyamin Netanyahu, resulted in no charges against the Jewish demonstrators.

MN BBC believes that the eleven Muslim students had a constitutional right to demonstrate against the Israeli ambassador and express their political views. Charging and convicting them of the rarely prosecuted crime of disruption (dating back to campus protests against the Vietnam War) denied them their First Amendment rights of free speech and subjected them to unconstitutional selective prosecution. Additionally, suspending the students, denying their right of free assembly within the student group structure, and threatening to fail them for participating in the demonstration, are methods to stifle free speech, particularly political speech, and especially speech regarding views on Israel. Even the dean of the UC Irvine Law School, constitutional scholar Erwin Chemerinsky, commented that the prosecution was a “terrible mistake,” “unnecessary,” “harmful” and “divisive.” Hector Villagra, executive director of the American Civil Liberties Union of Southern California, said “If allowed to stand, this will undoubtedly intimidate students in Orange County and across the state and discourage them from engaging in any controversial speech or protest for fear of criminal charges.”

We believe that the Irvine 11 were selectively prosecuted because of their ethnicity, religion and stance against Israel’s injustices, and that Islamophobia and racism of any type must be condemned and combated wherever they occur.

 

Photo: mlfa.org

 

 

 

MN BBC Day on the Hill Attracts Minnesotans From All Over the State!

by Sylvia Schwartz, April 4, 2011

The Minnesota Break the Bonds Campaign successfully hosted its first Day on the Hill on Wednesday, March 30th. A huge thank you to everyone who came, and to all who volunteered to help make the day possible! Over 110 people from 25 different senate districts in Minnesota attended the Day’s events, including from as far away as Harmony and Brainerd, which are respectively located 125 and 140 miles away from the Cities. These committed participants represented a variety of religions, professions, and ages, all gathering to speak with their state legislators about getting Minnesota to divest from Israel.


The day started with an opportunity for legislators to meet informally with MN BBC members and enjoy a light breakfast. Especially because of the “Great Postcard Distraction of 2011,” during which a couple of legislators falsely accused MN BBC of fabricating the amount of support there is around the state for divesting, this was an important opportunity for face-to-face discussions.

The morning training sessions, held at Christ Lutheran Church,were intended to give participants background information to answer typical concerns that might be brought up about Israel/Palestine and divestment. Many attendees commented that the energy and solidarity of the day’s organizers and attendees alike was remarkable.

Ayah Helmy presented “Palestine 101,” a very brief history of the events which shaped Israel and Palestine in the 20thcentury. Susanne Waldorf and Sriram Ananth presented “BDS 101 and MN Break the Bonds,” a description of Boycott, Divestment and Sanctions as a strategy, the call from Palestinian civil society for BDS, and how MN BBC fits into this strategy. Celia Kutz and Jessica Rosenberg, members of the International Jewish Anti-Zionist Network of the Twin Cities (IJAN-TC) described the differences between Zionism and Jewishness and why it is important to distinguish between the two. Finally, Farheen Hakeem spoke about details members would need when meeting with their legislators, including what to expect in the meetings, what should be asked, and what time appointments were scheduled. 

At noon MN BBC held a rally inthe Capitol Rotunda. One attendee remarked that this was the most exciting portion of the day for her, because it gave visibility to Israel’s international law violations in a public meeting space.The rally speakers included Flo Razowsky from theMN BBC Core Team, Amina Maamarie from American Muslims for Palestine, Fr. David Smith from the University of St. Thomas, Sanna Towns from St. Paul Public Schools, and Sylvia Schwarz and Karen Redleaf from the International Jewish Anti-Zionist Network.

Although the majority of those in the audience were MN BBC supporters, there were hecklers*, asking “What about Hamas?” This along with the Jewish Community Relation Council’s (JCRC) opinion piece that day which appeared in the Star Tribune claiming divestment from Israel as immoral divert attention away from Israel’s human rights abuses and international law violations and are destined to fail as strategies used by pro-Israel factions. Too much informationabout Israel’s atrocitiesis being disseminated to the American public for those tactics to be successful any more.

Throughout the afternoon, Day on the Hill participants met with their state senator and representative and delivered packets on MN BBC. Meetings were usually about 15 minutes, and, though no legislator offered to sponsor a bill, they were all made aware of the growing support for the campaign. Overall, the day was a huge success and a great move forward in accomplishing the four goals of MN BBC:
  1. To educate Minnesotans about the situation in Israel/Palestine and our complicity in human rights abuses

  2. To follow the Palestinian civil society call for Boycotts, Divestment, and Sanctions against Israel until Israel complies with international law

  3. To get Minnesota to divest from the Israel bonds that it holds

  4. To act as a model for the 21 other states and the District of Columbia that might want to start a similar divestment campaign.

If you did not complete a Feedback Form, please click here to download a copy of it! You can fill it out electronically, and e-mail it back to us at mn@breakthebonds.org. We highly value your input, so please take 5-10 minutes and fill the Feedback Form out today. Thank you!

*Our original report stated the hecklers mentioned were JCRC staff. JCRC maintains their staff were not the hecklers, so that statement has been corrected.

MN BBC Attends Follow-up Meeting with an Unresponsive MN State Board of Investment (SBI)

By Susie Gad, March 23, 2011

On March 18, 2011, members of the Minnesota Break the Bonds core committee met with representatives from the State Board of Investment and deputies from the offices of the Attorney General, the State Auditor, and the Secretary of State. The meeting was a follow up to the March 3, 2011 State Board of Investment meeting.

At the meeting, MNBBC highlighted its moral, legal and financial arguments for divestment from Israel bonds.  MNBBC was met with remarkable hostility, particularly from the representatives from the SBI and the AG. The SBI reiterated its position, which Governor Dayton voiced on March 3rd, that it solely considers financial returns in its decisions to invest and divest. Currently, the SBI insists that the Israel bonds that the state of Minnesota holds have competitive financial returns. The SBI also stated that it has never divested from a country on moral or ethical grounds.

Legal counsel from the AG’s office disputed MNBBC’s interpretation of the statute on state investments. The counsel argued that the statute is broad enough to allow Minnesota to invest in Israel Bonds. When MNBBC pointed out that the AG’s interpretation of the statute would also allow investments in “rogue” states, such as Iran and Sudan, the AG’s counsel agreed and did not dispute the absurdity of such an interpretation. Furthermore, she conceded that such an interpretation imposes no restrictions on investments in rogue regimes while restricting investments in US Government and Canadian Government obligations unless certain guarantees and conditions are met.

The AG’s office also insisted it had no obligation to draft a written opinion regarding the legality of Minnesota’s investments in Israel bonds, despite State Auditor Rebecca Otto’s motion at the March 3 SBI meeting to have the AG report back on the issue.  MNBBC was given no information regarding whether the AG is currently investigating the issue or has plans to do so in the future.

MNBBC gathered a lot of information at the meeting that will be helpful in solidifying our legal and financial arguments for divestment. However, our moral position remains the most important aspect of our campaign. Since, supposedly, it is only the legislature which can divest from Israel based on human rights and moral considerations, engaging our elected representatives remains crucial to our victory. Please join us on March 30 for MNBBC’s Day on the Hill to meet with your legislators and let them know that Minnesotans do not support investments in an oppressive regime. Register now by e-mailing rsvp@breakthebonds.org or calling 612.354.2960 with your name, address and/or district, and a way to contact you.


Photo: i-consult.org

Divestment from Israel Bonds: morally RIGHT

by Sylvia Schwartz, March 11, 2011

Steve Hunegs’ piece, “Divesting from Israeli bonds is morally wrong” repeats often propagated myths, per usual, omitting some important facts. Israel is a violator of human rights and international law. Numerous reports detailing these violations can be found in studies by Amnesty International, Human Rights Watch, the Israel-based human rights organization B’Tselem, and many agencies in the United Nations.

Democracy for Jews only

Israel is often called “the only democracy in the Middle East.” Within the borders of Israel (that is the territory internationally known as Israel, which does not include the West Bank, Gaza, or the Golan Heights) Israel’s minority Palestinian population are subject to ethnic based discriminatory laws which prevent them from purchasing, leasing, or working on most of the land (land owned by the Jewish National Fund is by law only for Jews), marrying and living with a spouse who is not an Israeli citizen, and visiting holy sites. In the United States such discriminatory laws would be found unconstitutional and struck down, but since Israel has no constitution there is no restriction on passing racist laws.

In the occupied territories two systems of laws are in effect and which system applies depends solely on ethnicity. Jewish Israelis (illegal settlers according to the Fourth Geneva Convention, Article 49), are subject to Israeli civilian law. Palestinian Christians and Muslims, living only meters away from these illegal settlements, are subject to military orders, which are random and capricious. Palestinians can be and often are subject to “administrative detention,” which is detention without charges or trial, can last 180 days and be extended indefinitely. Adalah, the legal center for Arab minority rights in Israel, keeps statistics regarding the number of administrative detainees (including many children).

Occupation

According to the Hague Convention of 1907 and the Fourth Geneva Convention, military occupation is considered a temporary condition during which the occupied population is to be protected under international law. Israel routinely violates provisions, including Article 3 (persons taking no part in hostilities shall be treated humanely), Article 33 (no protected person may be punished for an offense he or she has not personally committed), Article 34 (the taking of hostages is prohibited), Article 49 (the Occupying power shall not transfer civilians into occupied territory), and many others.

The Separation Wall

In July 2004 the International Court of Justice found that Israel’s construction of a wall snaking deep inside the occupied Palestinian territory violates international law and ordered Israel to cease its construction and dismantle parts already built. The ICJ noted that the wall violates the International Covenant on Civil and Political Rights, International Covenant on Economic, Social and Cultural Rights and other covenants.

Rather than complying with the ICJ ruling, Israel has continued building the wall. It now runs more than 400 miles within the occupied territories and completely surrounds many villages, resulting in the confiscation of thousands of acres of Palestinian land and preventing Palestinians from accessing water sources, crops, workplaces, hospitals, schools, and even neighbors.

Minnesota’s involvement

These and many more Israeli human rights violations are what we, as Minnesotans, pay for with our investments in Israel bonds that total more than $18 million. The money from these investments goes into Israel’s general treasury and is used in projects like the wall, infrastructure, including roads and water distribution networks in the occupied territories which benefit only illegal Israeli settlers, and result in severe hardship, loss of land and livelihood for Palestinians.

If Hunegs believes, as he claims, that he is “work[ing] toward the realization of a two-state solution – a safe and secure Israel side by side a free and democratic Palestinian state,” why does he support investing in projects which make this solution impossible? These are projects which illegally appropriate Palestinian land, confine Palestinians into non-contiguous areas, and devastate the Palestinian economy. No Palestinian state can arise with those impediments; therefore the only conclusion to be drawn is that those who want to continue investing in these projects do not want a Palestinian state or Palestinian self-determination at all, despite the mantric repetition of those words.

After the US veto of the settlement resolution in the UN two weeks ago, and nearly 20 years of “negotiations,” it should be clear to all that we can no longer wait for governments to comply with human rights laws on their own.

MN BBC

Minnesota Break the Bonds Campaign (MN BBC) was founded to follow the Palestinian civil society call for Boycott, Divestment, and Sanctions (BDS) until Israel complies with international law. BDS is a non-violent tactic, modeled after the international BDS movement instrumental in ending South African Apartheid, which allows all of us, citizens of the world, to put pressure on governments to change their policies.

We believe in human rights for all and we believe that we have the moral obligation to make sound investments that will not aid in the oppression of any race or ethnicity. Because of its education and outreach program, more than 2,000 people across Minnesota have signed on to the campaign. We say, “We no longer want to be responsible for Israel’s actions. Divest for Justice!”

Photo: activestills.org