Divestment: SB 158 and SB 160 Revised Bills Now Available

April 17, 2013

by Klein Lieu

For the sake of transparency, here are the revised versions of SB 158 and SB 160:

[Download SB 158 as PDF]
[Download SB 160 as PDF]

SB 158 – REVISED

A Bill In Support of Positive Steps Toward a Negotiated Israeli-Palestinian Peace

Authored by Senator Rafi Lurie, Senator Jason Bellet, Former EAVP Joey Freeman, Former Senator Aviv Gilboa, and Former Senator Noah Ickowitz

Sponsored by Senator Lurie and Senator Bellet

WHEREAS, this bill’s purpose lies far beyond solely reacting to divestment, and takes tangible and strong political action of its own as outlined in the clauses herein while maintaining recognition of both the Palestinian and Israeli narratives; and,

WHEREAS, the UC Berkeley “Principles of Community” are intended to ensure “freedom of expression and dialogue that elicits the full spectrum of views held by our varied communities [1];” and,

WHEREAS, the UC Berkeley “Principles of Community” call on students to “respect the differences as well as the commonalities that bring us together” and calls for “civility and respect [1];” and,

WHEREAS, at UC Berkeley, students examine issues confronting the global community thoughtfully and critically, recognizing that each needs to be viewed urgently and with compassion yet also through a lens of historical context; and,

WHEREAS, UC Berkeley students pride themselves on being leaders in addressing the greatest political and ethical issues facing both our campus and the global community; and,

WHEREAS, both the Jewish people and the Palestinian people have historical and cultural ties to the land historically known as both Israel and Palestine; and,

WHEREAS, both the Jewish and Palestinian narratives regarding this land are substantial parts of each group’s self-identity; and,

WHEREAS, both Israelis and Palestinians have suffered as a result of the ongoing Palestinian-Israeli conflict; and,

WHEREAS, President Obama, on his recent trip to the region, addressed this suffering in his speech in Jerusalem, renouncing Hamas and Hezbollah as terrorist organizations and saying, regarding Israel’s security, “I think about children like Osher Twito, who I met in Sderot. Children, the same age as my own daughters, who went to bed at night fearful that a rocket would land in their bedroom simply because of who they are and where they live” and later, “I think about five Israelis who boarded a bus in Bulgaria, who were blown up because of where they came from, robbed of the ability to live and love and raise families;” and,

WHEREAS, in the same speech, President Obama said the following about Palestinian suffering, “It is not fair that a Palestinian child cannot grow up in a state of their own. Living their entire lives with the presence of a foreign army that controls the movements not just of those young people but their parents, their grandparents, every single day. It’s not just when settler violence against Palestinians goes unpunished. It’s not right to prevent Palestinians from farming their lands; or restricting a student’s ability to move around the West Bank; or displace Palestinian families from their homes. Neither occupation nor expulsion is the answer. Just as Israelis built a state in their homeland, Palestinians have a right to be a free people in their own land;” and,

WHEREAS, death and suffering of all innocent Israelis and Palestinians is unacceptable, and both Israelis and Palestinians must bear responsibility for ending that suffering; and,

WHEREAS, all peoples have the right to self-determination in their respective homelands; and,

WHEREAS, at the Annapolis Conference in November 2007, three major parties — the PLO, Israel and the USA — agreed on a two-state solution as the outline for negotiations [2]; and,

WHEREAS, President Obama has declared “a lasting peace will involve two states for two peoples: Israel as a Jewish state and the homeland for the Jewish people, and the state of Palestine as the homeland for the Palestinian people, each state enjoying self-determination, mutual recognition, and peace [3];” and,

WHEREAS a viable two state solution is contingent upon an end to Palestinian terrorism and an end to Israel’s administration of the Palestinian Territories under military occupation; and,

WHEREAS, we recognize and appreciate the Israeli government’s recent ten-month settlement freeze and agree with President Obama when he said, “Israelis must recognize that continued settlement activity is counterproductive to the cause of peace and that an independent Palestine must be viable, with real borders that have to be drawn;” and,

WHEREAS, a two state solution is also contingent upon mutually agreed land swaps based on the 1967 borders, as recognized by the international community; and

WHEREAS, the BDS movement denies the inextricable link between Jewish and Palestinian self-determination by only advancing a one-sided narrative that disregards legitimate Jewish national aspirations; and,

WHEREAS, a two state solution is the only possible resolution to the Israeli-Palestinian conflict that is politically feasible, practically sustainable, and fairly recognizes the right to national self-determination of all parties, and the BDS movement does not publicly support this resolution; and,

WHEREAS, ending the Israeli-Palestinian conflict is a moral imperative and an urgent political concern, and in order to truly achieve a just and equitable resolution to this conflict, a broad coalition of Israelis, Palestinians, and members of the international community must engage in the process of peace building through economic and diplomatic cooperation; and,

WHEREAS, the leader of the Boycott, Divestment, and Sanctions (BDS) movement Omar Barghouti has publicly rejected intellectual cooperation and negotiations between Israelis and Palestinians, thus rejecting the necessity of a two-state resolution to the conflict [4][5]; and,

WHEREAS, Richard Goldstone, chair of the U.N. fact-finding mission on the Gaza conflict, said, “those who conflate the situations in Israel and the West Bank and liken both to the old South Africa do a disservice to all who hope for justice and peace [6];” and,

WHEREAS, not all supporters of divestment support the agenda and ideologies of the international BDS movement, but divestment at UC Berkeley is nonetheless being used to progress the BDS agenda; and,

WHEREAS, The Center for Jewish-Arab Economic Development (CJAED) is founded on the guiding principle that “economic cooperation in Israel is essential for peace, prosperity and economic stability in Israel and the region at large [7];” and,

WHEREAS, New Generation Technology (NGT) is a “project in Israel that is a pure, true partnership between Jewish and Arab businessmen in Israel [8];” and,

WHEREAS, The Palestine International Business Forum (PIBF) holds that Palestinian private sector development is one of the core pillars to creating economic stability, increasing employment and improving standards of living as well as fighting poverty, thus contributing to a sustainable solution of the conflict [9]; and,

WHEREAS, Paltel is a Palestinian for-profit company invested in telecommunications that makes up 29 percent of the PA’s Gross Domestic Product. Paltel also consists of 50 percent of the Palestine Securities Exchange, and investment in such a company will enhance Palestinian infrastructure and promote a positive American-Palestinian relationship [10]; and,

WHEREAS, The Palestine Exchange (PEX) houses Padico Holding, a company established by Palestinian and Arab investors that contributes to Palestinian economic sectors in need of building and expansion. This company seeks to not only enhance the Palestinian infrastructure and economy, but also looks for high returns on investment in the Palestinian market [11]; and,

WHEREAS, Mellanox Technologies, an Israeli high-tech firm that is publically traded on NASDAQ: MLNX, TASE: MLNX, has hired programmers from Ramallah through a Palestinian outsourcing firm and plans to open a research and development center in the West Bank in order to boost political stability in the region and strengthen ties between the two economies [12]; and,

WHEREAS, The aforementioned companies strengthen the infrastructure and economy of the Palestinian people, which is a prerequisite for a robust Palestinian state that can live side by side with the State of Israel; and,

WHEREAS, the United States of America has a unique ability to engage with the Israeli government, and influence positive movement towards a two state solution; and,

WHEREAS, as members of a public university, the most effective method we have for demonstrating our commitment to a multilateral peace settlement, and ensuring its swift implementation, is by demonstrating to the US government that there is a constituency that demands it use its diplomatic sway to responsibly bring the two parties to the negotiating table; and,

WHEREAS, divestment alienates one of the parties pushing them further from the negotiating table, economic investment coupled with strong and strategic diplomatic pressure provides a more constructive solution to achieving peace and actually incentivizes both parties to come to the table; and,

WHEREAS, passing divestment against Syrian war crimes, South Africa, and fossil fuels constitutes a major difference between divestment from companies such as those listed in SB 160, because divestment should be pursued when the object of divestment is so odious that it is beyond reproach, which is not the case herein; and,

WHEREAS, the call for economic investment and diplomatic pressure within this bill mitigates the negative effects associated with divestment and instead presents a proactive approach to ending the Palestinian-Israeli conflict and achieving two states; and,

THEREFORE BE IT RESOLVED that the ASUC supports a two state resolution as an end to the Palestinian-Israeli conflict and calls on the American government to take more active steps in encouraging Palestinian and Israeli leadership to enter multilateral negotiations; and,

BE IT FURTHER RESOLVED that rather than divesting funds,rather than divesting funds for the reasons specified within this bill, the ASUC will instruct the managers of the Boston Trust to seek investment opportunities that strengthen Israeli-Palestinian cooperation in pursuit of a two state resolution to the conflict such as Padico Holding, Paltel, and Mellanox Technologies, which build Palestinian infrastructure and hire Palestinian employees, thereby increasing the possibility of a robust Palestinian state alongside the State of Israel; and, such as those outlined in this bill; and

BE IT FINALLY RESOLVED that the ASUC calls upon the EAVP to write a letter to Senators Feinstein and Boxer and Congresswoman Lee expressing this bill’s sentiments and encouraging them to publicly support the views espoused within, and to write a letter to the student governments of the other University of California campuses suggesting they adopt a similar resolution.

1.http://www.berkeley.edu/about/principles.shtml

2.http://www.haaretz.com/news/israel-pa-agree-to-strive-for-deal-by-end-of-2008-1.234086

3.http://www.whitehouse.gov/the-press-office/2011/05/19/remarks-president-middle-east-and-north-africa

4.http://mondoweiss.net/2011/04/omar-barghouti-on-why-bds.html

5.http://www.opendemocracy.net/conflict-debate_97/against_2934.jsp

6.http://www.nytimes.com/2011/11/01/opinion/israel-and-the-apartheid-slander.html?_r=0

7. http://www.cjaed.org.il/Index.asp?CategoryID=98

8.http://israel21c.org/social-action-2/ten-top-israeli-business-ventures-that-inspire-peace-in-the-middle-east/

9.http://www.pibf.net/about-2/declaration-of-principles/

10. http://www.bloomberg.com/quote/PALTEL:PS

11. http://www.bloomberg.com/quote/PADICO:PS

12. http://www.csmonitor.com/World/Middle-East/2011/0422/Tech-diplomacy-Israeli-CEO-hires-Palestinian-programmers

SCROLL_TEXT

SB 160 – REVISED- PASSED

________________________________________________________________________

A Bill In Support of Human Rights in the West Bank and Gaza Strip

Authored By Senator George Kadifa, Senator Nils Gilbertson

Sponsored By Senator Sadia Saifuddin, Senator George Kadifa, Senator Daley Vertiz, Senator Sidronio Jacobo, Sentor Klein Lieu, Senator Deejay Pepito, Senator Megan Majd, Senator Nolan Pack, Senator Nils Gilbertson

WHEREAS, UC Berkeley’s “Principles of Community” are intended to serve “as a guide for our personal and collective behavior, both on campus and as we serve society [1];” and,

WHEREAS, as outlined in UC Berkeley’s Principles of Community “we (UC Berkeley) believe that active participation and leadership in addressing the most pressing issues facing our local and global communities are central to our educational mission [1];” and,

WHEREAS, as further outlined in UC Berkeley’s Principles of Community, it is UC Berkeley’s duty to maintain the values of “honesty, integrity, diversity, and excellence” and “strive to uphold a just community in which discrimination and hate are not tolerated [1];” and,

WHEREAS, UC students have a legacy of standing against oppression and injustice at UC Berkeley and across the U.S.; and,

WHEREAS, the role of student activists in exposing South Africa’s apartheid system and supporting equality, freedom, and dignity sets an example for us to follow as students of global conscience; and,

WHEREAS, as the example of South Africa shows, it is imperative for students to stand unequivocally against all forms of racism and bigotry globally and on campus, including but not limited to Islamophobia, anti-Semitism, and the anti-Palestinian discrimination practiced under Israel’s system of illegal occupation in the West Bank, Gaza, and East Jerusalem; and,

WHEREAS, the Occupied Palestinian Territories are controlled militarily by the Israeli government [2]; and,

WHEREAS, Israeli government violations of human rights and international law have been recognized and condemned by the international community including by the UN General Assembly in dozens of resolutions (i.e., 106, 111, 162, 171, 228, 248, 250-252, 256, 259, 262, 265, 267, 270, 271, 279, 280, 285, 298, 313, 316, 317, 332, 337, 347, 425, 427, 444, 446, 450,452, 465, 467-469, 471, 476, 478, 484, 487, 497, 498, 501, 509, 515, 517, 518, 520, 573, 587, 592, 605, 607, 608, 636, 641, 672, 673, 681, 694, 726, 799, etc.); by the UN Security Council; by the International Court of Justice’s 2004 Advisory Opinion on the Route of the Separation Barrier in the West Bank; and by the Human Rights Council Fact-Finding Mission to Gaza, among others; and,

WHEREAS, certain companies have promoted and been complicit in many of the ongoing human rights violations systematically committed by the Israeli government, which have been documented by human rights organizations including Amnesty International, Human Rights Watch, Defence for Children International, B’tselem, Adalah, Physicians for Human Rights, and the Israeli Committee Against House Demolitions; and,

WHEREAS, these ongoing human rights violations and violations of international law are recognized to include the following; and,

WHEREAS, according to the International Court of Justice’s (ICJ) 2004 ruling, the creation and use of the Separation Wall to expropriate Palestinian lands is illegal under international law [3]; and,

WHEREAS, according to the same ICJ decision, the establishment and expansion of settlements in the West Bank and East Jerusalem is also illegal under international law[4]; and,

WHEREAS, under the Fourth Geneva Convention, UN GA ES-10/6, and other UN resolutions, the establishment and expansion of settlements in the West Bank and East Jerusalem is in violation of international law [5]; and,

WHEREAS, according to US policy, “the legitimacy of continued settlement activity” has not been accepted by any US administration, and, as recently as December, the Obama administration chose to “reiterate our long standing opposition to Israeli settlement activity”[6]; and,

WHEREAS, according to the United Nations’ Special Rapporteur on Human Rights in Palestinian Territories, John Dugard, “the Occupied Palestinian Territory [is] of special concern to the international community” because “the international community, speaking through the United Nations, has identified three regimes as inimical to human rights – colonialism, apartheid and foreign occupation. Numerous resolutions of the General Assembly of the United Nations testify to this. Israel’s occupation of the West Bank, Gaza and East Jerusalem contains elements of all three of these regimes” [6.5]; and,

WHEREAS, Israel’s systematic violations of Palestinian rights to property, freedom of movement, due process, freedom of assembly, freedom from discrimination, and other basic rights enshrined in the UN Declaration of Human Rights, have been further delineated via extensive documentation by respected human rights organizations such as Amnesty International, Human Rights Watch, and B’tselem; and,

WHEREAS, our university invests in, and thereby profits from, companies that have an active role in materially aiding Israel’s illegal occupation and the resulting human rights abuses, thereby making it a complicit third-party; and,

WHEREAS, among others, these investments include $5,390,073 in investments in Caterpillar Incorporated, $7,477,533 in investments in Cement Roadstone Holdings, and $2,042,208 in investments in Hewlett Packard according to the most recent UC Retirement Program and UC General Endowment Fund annual holdings reports available on the official Treasurer of the Regents website [6.7]; and,

WHEREAS, Caterpillar, an American company, has helped sustain the illegal occupation by providing bulldozers and engineering tools used to destroy Palestinian homes and farmland, expand illegal Jewish-only settlements on the confiscated Palestinian land, and assault refugee camps in violation of international humanitarian law, as documented by the United Nations, Amnesty International, and Human Rights Watch [8-9]; and,

WHEREAS, Cement Roadstone Holding (CRH), an Irish company, has contributed to Israel’s illegal occupation through its partial ownership in Mashav, the distributor of Liebherr earth-moving and heavy construction equipment used in illegal settlement and Separation Wall construction, and is the supplier of cement and other building materials used in the construction of the Separation Wall and settlement infrastructure [10]; and,

WHEREAS, Hewlett-Packard Company (HP) has supported restricting the freedom of movement of the Palestinian peoples within the West Bank by providing biometric identification systems used in the Israeli military checkpoints; and,

WHEREAS, these companies have been previously engaged by various human rights organizations, churches, and concerned investors about their complicity in the previously mentioned human rights violations of the Palestinian people [11]; and,

WHEREAS, in particular, Amnesty International demanded in 2004 that “Caterpillar Inc., the US company which produces the bulldozers used by the Israeli army, should take measures – within the company sphere of influence – to guarantee that its bulldozers are not used to commit human rights violations, including the destruction of homes, land and other properties,” and, “should adopt a code of conduct which complies with the UN Human Rights Norms for Business and should respect and ensure the application of Article 3 of the UN Norms, which states that Trans National Corporations and other business enterprises shall not engage in, nor benefit from, war crimes, crimes against humanity and other violation of international humanitarian law”[11.5]; and,

WHEREAS Caterpillar has ignored similar calls from Human Rights Watch, the United Nations High Commissioner for Human Rights, and the Presbyterian Church USA to end its complicity in the illegal demolition of Palestinian homes [12]; and,

WHEREAS, Cement Roadstone Holdings was approached by Amnesty International in 2004 regarding its investments aiding Israel’s illegal occupation, with Amnesty making clear that “the construction by Israel of the fence/wall inside the Occupied Territories violates international law and is contributing to grave human rights violations” [13]; and,

WHEREAS, Hewlett Packard has been approached by faith leaders and human rights groups via letters, conference calls, e-mails, face-to-face meetings and shareholder resolutions regarding the use of its products in the infrastructure of Israel’s occupation and violation of Palestinian freedom of movement; and,

WHEREAS, these companies have chosen to disregard these entreaties to be more socially responsible corporate actors and have instead knowingly continued to sell their products to the Israeli military as it violates international law and Palestinian human rights through its illegal occupation; and,

WHEREAS, UCB students enjoy peace of mind knowing that their university is barred by federal law from making investments that aid Palestinian militant organizations which engage in attacks that threaten the human rights of Israeli students and their families; and,

WHEREAS UCB students are not able to enjoy the same peace of mind with respect to investments that threaten the human rights of Palestinian students and their families as our university profits from the human rights abuses visited upon these students and their families in the course of Israel’s illegal occupation; and,

WHEREAS, any attack directed at Israeli, Palestinian, or any other civilians is unacceptable; and,

WHEREAS, the University of California does not currently take a neutral position on the occupation of the Palestinian Territories, as it is invested in such companies profiting from the violation of Palestinian human rights; and,

WHEREAS, the ASUC has a long tradition of pursuing socially responsible investment in other areas, targeting South African apartheid, removing funds from Sudan over the conflict in Darfur, unanimously supporting divestment from fossil fuel producers, and most recently endorsing a proposal to divest from the prison-industrial complex; and,

WHEREAS, the UC Regents have similarly established a record of ethical divestment, including divesting from South Africa under apartheid, Sudan over the conflict in Darfur, and, most recently, from the firearms manufacturer Bushmaster; and,

WHEREAS, pension fund giant TIAA-CREF removed $72,943,861 worth of Caterpillar shares from its Social Choice Funds portfolio in June 2012, after a sustained campaign spearheaded by Jewish Voice for Peace and other collaborating organizations, asking TIAA-CREF to remove its investments in Caterpillar and other companies that profit from and materially support Israel’s illegal occupation [14]; and,

WHEREAS, on November 13^th, 2012, the Associated Students at UCI passed a resolution, “Divestment from Companies that Profit from Apartheid,” by a unanimous vote; and,

WHEREAS, on March 14, 2013, the Associated Students at UCSD passed a resolution, “Resolution in Support of University of California San Diego Corporate Accountability through Divestment from Corporations Profiting from the Illegal Occupation, Siege, and Blockade of Palestine;” and,

WHEREAS, as American residents, our tax dollars go to providing Israel an average of $3.1 billion in military aid annually, helping to make Israel the largest cumulative recipient of U.S. foreign military assistance since World War II, creating a special responsibility among Americans for Israel’s illegal military occupation; and, [15]

WHEREAS, the Center for Jewish Arab Economic Development is founded on the guiding principle that economic cooperation in Israel is essential to the peace process and economic stability in Israel and the region at large and is a nonprofit; and,

WHEREAS, New Generations Technology is a project in Israel that has grown partnership between Palestinians and Israelis; and,

WHEREAS, the Palestine International Business Forum rules that Palestinian private sector developments is one of the core pillars towards creating economic stability, increasing employment, and improving standards of living, as well as fighting poverty, thus contributing to a sustainable solution to the conflict; therefore,

WHEREAS, while agreeing with the tactic of targeted, specific divestment, linguist and political activist Noam Chomsky, who was involved in divestment from South African apartheid as well as the divestment from the Vietnam War, has pointed out that, “U.S. support for Israel, which is decisive, is a fraction of U.S. crimes”, pointing out the obligation to condemn our own governments support for the atrocities.[1]

WHEREAS, political scientist, activist, and author Norman Finkelstein has pointed out that “the settlements are illegal…East Jerusalem is occupied Palestinian territory…the West Bank and Gaza are occupied Palestinian territory…but it is also correct that Israel is a state…if you want to use the law as a weapon or as leverage in order to reach public opinion, you can’t be selective with the law…the law is a package deal”.[2]

WHEREAS, the ASUC acknowledges the human rights violations committed by other states, particularly the United States of America, and makes a commitment to targeted, specific divestment from all human rights violations, with no discrimination based on what state is committing the atrocities.

WHEREAS, no part of this bill should be considered or misconstrued as support for any advocacy external to this bill.

BE IT RESOLVED that while the ASUC supports specific and targeted divestment from companies contributing to human rights violations, they also support international law stipulating Israel’s right to be a state.[3]

THEREFORE BE IT RESOLVED, that the ASUC will examine its assets and UC assets for funds being invested in companies that a) provide weaponry or other military support for the occupation of the Palestinian territories or b) facilitate the building or maintenance of the wall or the demolition of Palestinian homes, or c) facilitate the building, maintenance, or economic development of illegal Israeli settlements on the Occupied Palestinian Territory; and,

BE IT FURTHER RESOLVED, in addition to targeted divestment of funds that the ASUC will instruct the managers of the Boston Trust to seek investment opportunities that strengthen Israeli-Palestinian cooperation in the pursuit of a peaceful resolution to the conflict; and,

BE IT FURTHER RESOLVED, that the ASUC calls upon the EAVP to write a letter to Senators Feinstein and Boxer and Congresswoman Lee expressing this bill’s sentiments and encouraging them to publicly support the views espoused within, and to write a letter to the student governments of the other University of California campuses suggesting they adopt a similar resolution; and,

BE IT FURTHER RESOLVED, that if at any time it is found that campus or UC funds are being invested in any companies meeting any of these criteria, including Caterpillar, Cement Roadstone Holdings, and Hewlett Packard Company the ASUC will itself divest, and will advocate that the UC system divest, all stocks and investments in such companies with the goal of maintaining the divestment, in the case of said companies, until they cease the specific offending practices; moreover, the ASUC will not make further investments, and will advocate that the UC system not make further investments, in any companies materially supporting or profiting from Israel’s occupation in the above-mentioned ways, until a point in time at which they cease such practices; and,

BE IT FURTHER RESOLVED, that if at any time ASUC funds or UC funds are found to be invested in companies profiting from organizations that target Israeli civilians, the ASUC and the UC system should follow similar steps as outlined in the prior clause and divest those funds; and,

BE IT FINALLY RESOLVED, the ASUC calls upon the EAVP to write a letter containing a copy of this resolution to other student governments throughout the UC system and recommend that they adopt a similar bill.

[1]http://www.berkeley.edu/about/principles.shtml

[2]http://www.amnestyusa.org/our-work/countries/middle-east-and-north-africa/israel-and-occupied-palestinian-territories

[2.3]http://unispal.un.org/UNISPAL.NSF/0/E29F7195C53CDDA905256729005035E4

[3]http://www.icj-cij.org/docket/index.php?pr=71&code=mwp&p1=3&p2=4&p3=6&ca

[4]http://www.icj-cij.org/docket/index.php?pr=71&code=mwp&p1=3&p2=4&p3=6&ca

[5]http://unispal.un.org/UNISPAL.NSF/0/E29F7195C53CDDA905256729005035E4

[6]http://www.state.gov/r/pa/prs/ps/2011/06/166371.htm

http://bigstory.ap.org/article/us-slams-israel-new-settlement-plan

[6.1]http://www.whitehouse.gov/the-press-office/2013/03/21/remarks-president-barack-obama-people-israel

[6.5]http://electronicintifada.net/artman/uploads/a-hrc-4-17.pdf

[6.7]http://www.ucop.edu/treasurer/_files/invpol/UCRP_Holdings_12-31-11.pdf

http://www.ucop.edu/treasurer/_files/invpol/GEP_Holdings_12-31-11.pdf