Governor’s hypothetical speech to the oil & gas tycoons

Is this an example of cognitive dissonance?

While New Mexico teens are urging the Governor to declare a climate emergency and to  set aside state income from the oil and gas industries to pay for the transition to an economy without greenhouse gas emissions, Governor Michelle Lujan-Grisham is meeting with oil & gas tycoons to deliver a message of collaboration. Not a word about climate disruption.

Cognitive dissonance or shrewd political calculation? In either case, it’s a deadly mistake.

Michelle Lujan Grisham

Governor Michelle Lujan-Grisham

If I was the Governor’s speechwriter, here’s what I would have given her for that audience.   (Her actual speech is reprinted at the end of this blog post.)

“Thank you for inviting me. This is an important gathering and I value the opportunity to speak with you about the serious challenges facing our state, and how we can work together to address them. In this hyper-polarized environment that we find ourselves in this country today, I want to reassure you that my door is always open to you.

I know you want to hear the bottom line from me, what I’m concerned about and what I plan to do, not political posturing to win your vote. 

I know your bottom line is making a profit for your shareholders, making a good living for those engaged in your industry, and providing a sustainable future for the industry.

My bottom line is being a responsible steward of our resources for future generations, my shareholders, and setting us on a path towards a sustainable future for my family and yours.

Our state is at a critical crossroads, and I’m either lucky or jinxed to be the Governor at this point in time.  There’s no denying the fact that climate disruption is bearing down upon us, and the window of opportunity to address this freight train is rapidly closing.

The scientists have been warning us for fifty years or more about the rising carbon dioxide levels, but we had time back then for further research and study. The timeline of our actions and inaction over the past half century to address the rising CO2 levels is brutally honest. It hasn’t been convenient to find solutions or make serious changes when, in hindsight, it certainly would have been easier and cheaper to do so.

I’m pleased that national leaders in your field (oil, coal and gas) recognize the urgency of addressing the impacts of climate disruption. They recognize that climate change is occurring, and that human activity, including the use of fossil fuels, contributes to greenhouse gas emissions.

New Mexico is blessed with the brains and the scientific labs that have been studying climate change for decades.  I’m thankful the Los Alamos National Laboratory and the Sandia National Laboratories are at the forefront of studying climate impacts, and potential adaptation and mitigation measures. They are designing new technology which has the potential to make a profound difference in the livability of our planet for future generations. New Mexico needs to reap the benefits of transitioning this research from the laboratory to the factory and create hundreds, maybe thousands of new jobs for New Mexicans.

I’m a straight shooter.  There’s no arguing with science, and no alternative exists but to transition away from business as usual and away from our reliance on fossil fuels, and towards renewable energy.

But before you blow a gasket — hear me out.

This transition must happen quickly and I know it’s going to hurt. It’s going to hurt the industry. It’s going to hurt the state budget. It’s going to hurt every New Mexican. I acknowledge that with great trepidation.

If we had owned up to this reality 20 years ago, I suspect the hurt might not be so great.  Sadly, we did not. And if we don’t own up to our responsibility at this critical moment now, I’m convinced that we’re condemning our children to a very difficult life, and their children to an uninhabitable planet in the future.

The symbiotic relationship between the state and your industry has grown very tight over the years. We’ve worked together, and I hope we will continue to work together to ease the transition for both of us.

Here are some ideas to think about:

I want your families and employees who are currently working in the oil & gas industry to be at the front of the line when opportunities for retraining open up in renewable technologies.  And I want them to fill those new jobs when they come online.

I want you to be role models for the industry and show the rest of the country and the world how we can plan for this transition thoughtfully, without rhetoric or recrimination. Working together, we can forge a creative alliance that reaps untold benefits for all of us —- a win, win, win.  I need your experience and advice at the table.

I plan to enact a moratorium on fracking on lands within the jurisdiction of the state. I’m well aware of both the benefits and costs of fracking, but the health and environmental impacts of fracking concern me.  This moratorium will allow time for reasonable and informed debate at the Legislature about whether a permanent ban is warranted or what type of regulations might be appropriate to mitigate the impacts of fracking. I want the industry, the scientists, and the general public engaged in that discussion.

My bottom line — New Mexico’s future generations require that we act now. I can’t kick this ball down the road. NIMTOO — Not In My Term of Office — is no longer an option.

Thank you.

 

Governor Lujan-Grisham’s speech to the NM Oil & Gas Association in Santa Fe on October 8, 2019.

Opening joke. Good morning and hello again. I see a lot familiar faces from my talk the other week in Carlsbad, at Mayor Janway’s summit. If we keep seeing each other this often, you guys might even start to like me. So be careful. I’ll charm you. Ask the mayor.
Introduce primary theme: Collaboration. When I came down to the southeast the other week, I made a little joke about getting out of Santa Fe and spending time where the money is made, not just where it’s spent — at that old circular building up the street. But jokes aside: Thank you for coming here. It’s important to remember we are one state; we’re united. The differing viewpoints in different regions all across New Mexico, the different benefits each region brings to the table, the different livings hard-working New Mexicans make in different parts of the state — this diversity makes us stronger. I truly believe that. I think it’s true nationally, too, but with the conversations coming out of Washington, D.C., at the moment, it’s easy to lose sight of that. I think we’re a great example — meaning you all, myself, our administration, your industry. New Mexico contains multitudes, and the dialogue we’ve undertaken together this year underscores how we can always find areas of overlap. When we recognize our differences as opportunities to come together and talk, not as excuses to remain in our own separate silos, we are being good neighbors. We’re proactively doing the work to partner up, move forward together. We’re being good stewards of the New Mexican ideal of listening first, speaking second. We put ourselves in a position to develop the right kind of policies for everyone — I give a little, you give a little, and New Mexicans come first. Collaboration, so often a mere buzzword, is put into action.
We’re making progress together. But let’s talk about your progress first. A 400% increase in production over the last few years. (Not bad, huh? Not bad at all.) As I said in Carlsbad, and it’s worth repeating: This industry is the reason New Mexico educators got raises this year. It’s the reason students across New Mexico have new programs, new school supplies; it’s the reason we were able to boost our state investments in small business, rural economic development; it’s the reason we’re able to begin rebuilding behavioral health services in this state, providing care to the most vulnerable families and kids in every corner of New Mexico. These are not talking points: These are the lives of New Mexicans, the everyday struggles and needs and hopes and dreams that we as a state can provide for and meet and exceed. We have a lot of work to do to make sure our state finances — meaning the investments in our kids and our families that we have made and still need to make — have solid back-up. Reserves, rainy day funds, strategic savings — I’m not pollyanna about the way prices fluctuate, the way the winds blow. It’s our duty, in building out the economy of this state, to make the foundation as broad and sturdy as it can be. I don’t believe in luck, but we are fortunate, as a state, to have this opportunity right now to reinvest in our families, in our workforce, in our economy. And the oil and gas industry is the reason, point blank, that we have this incredible head start. That New Mexico families have greater access to high-quality services. So, once again, thank you.
With opportunity comes responsibility. I want to thank you for recognizing the responsibility that comes with the opportunity of this surge in production. The Permian Basin right now is a rock star. I want to make sure — and I know you share this goal — that this rock star doesn’t burn out, doesn’t go too far too fast. We need to work together to keep this thing rocking and rolling. And as an industry, I would say unequivocally: You have stepped up and volunteered to contribute to that effort at most every chance. Again, thank you.
An example of the industry stepping up (in a relatively small way, but symbolically): Chevron (California-based) just announced last week they’re going to donate $1 to local school projects for every tank of gasoline purchased … they’re making $75,000 available to three N.M. school districts. I’d like to see more. I’d like to encourage more of that. Help us continue to make direct investments. [They said they would make up to $5 million available to support school initiatives across the country.]
Necessity is the mother of invention. Your industry and my administration understand this concept and – together were solving problems and creating opportunities around methane and produced water. Because of our collaboration around these two topics – the world is watching, and we will deliver. Your shareholders, as well as mine, are demanding more responsible management of methane. And while We’re clear about methane: We recognize one size does not fit all . So many producers operators and investors are stepping up to work with have stepped up in this arena when our Environment Department and EMNRD set to work. I’ve said it before, I’ll say it again: Methane mitigation is a win-win-win. I want to rack up as many of those collective W’s as we possibly can.
Flares to fuel cells. As your industry pursues e-Frac and solar powered compressor stations, we are pursuing technological advancements like Fuel cells for flares. When we put innovation to work, when we explore how we can find the best solution for as many producers and our environment as can be found, the result will be a reduction of waste methane and an increase in revenue and opportunity. Flares can become fuel cells — we’ve got the labs, we’ve got the top scientists, we have smart and dedicated Cabinet Secretaries, and you have my commitment to  in our administration, all committed to making this transition. We can turn waste into electricity. Why wouldn’t we want to lead the world in that kind of innovative problem-solving? And, let’s make those fuel cells right here in New Mexico – employing our people in the manufacturing of technologies that are deployed all over the U.S. and the world.
I know you’re on board. And if you’re not, my administration will keep working with you until you are. (You might not have my re-election bumper sticker on your car yet but we’ll get some of you there — I’m gonna work on that.) Since we launched our public input strategy around methane, this industry has been coming to us, offering to be and asking to be part of the solution. You guys recognize the responsibility that comes with growth, and that means you’re asking to have a voice as we craft regulations that are realistic, enforceable and adaptable. Senate Bill 553 was a perfect example: That bill, boosting our Oil Conservation Division, had industry support. Thank you for that. With that law now in place, we’re modernizing our systems so we can be more efficient and meet your needs. Our framework has to match your growth. For years, we were behind you. I think we’re closer to being on the same footing now — and it shows. Moving forward together is the only way.
The collaboration and innovation around produced water is just as exciting as methane. I signed into law HB 546 to protect our fresh water and incent scientific and technological advancements. The Environment Department and New Mexico State University entered into an MOU to facilitate fill the data gaps so we can write science-based regulations related to treating produced water. And, NGL Midstream pledged $1M to this effort. Thank you, NGL. Investments in the consortium created under the MOU will advance scientific and technical solutions related to the treatment and ruse of produced water generated by the industry. What’s interesting is NGL is doesn’t make a single barrel of produced water – so for all the operators in the room who are made the 1.3 billion barrels of produced water in 2018 – where’s your contribution? [Pause] Let’s see it. Let’s fund this effort and protect and sustain our fresh water supplies, expand economic development opportunities and continue to stack up the wins.
At the end of the day, when we talk about working together on produced water innovation, we’re talking about leading with science, leading with innovation: We’re going to ensure sustainable management, protection of water resources and opportunities for economic development. Another win-win-win. (Those are starting to add up…)
The same as I recognize your incredible contributions to our state, I hope you recognize my commitment to working together. I’ve talked about it a lot. You’ve heard me say it. I’ll keep saying it. I’m more than talking about it, I’m doing it because when we’re pulling together, when we avoid — as best we can — working at cross purposes. We can identify common goals and protect your investments and support expanding growth industries and protect our water and air, on and on.
So thank you for your time, thank you for having me, thank you for your willingness to listen and partner with us as we identify reach our climate and environmental goals, as we work to build fair and enforceable frameworks for the industry, as we move forward for all New Mexicans.

5 Comments

Filed under Climate Change, Uncategorized

Relay Run for Refugees

9e28d89a-a8b9-11e9-ab55-0ad9752bc3e6

The United Nations Relief and Works Agency (UNRWA) is the U.N. agency created shortly after Palestine was divided in 1948. UNRWA’s mandate was to specifically address the needs of the Palestinians uprooted from their homes, businesses and communities. Some were forcibly removed by the Jewish Zionists, some were threatened and fled, and some were butchered when they didn’t flee soon enough (Deir Yassin massacre).

When UNRWA began operations in 1950, it was responding to the needs of about 750,000 Palestine refugees. Today, some 5 – 7 million Palestine refugees are eligible for UNRWA services.  The common denominator among all of the refugees is that they are waiting to return to their communities. To this day, many Palestinian refugees still have the keys to their homes located in present-day Israel.

Nakba 2

It’s often claimed that the refugees left voluntarily but the factual record doesn’t support that contention. The American Friends Service Committee (AFSC) provides a very good summary of what happened in 1948 and the rights of the refugees today.

Palestinian refugees’ right to return to the homes from which they were displaced is well established in international law. The first source of support for Palestinian refugees’ claims to a right of return is U.N. General Assembly Resolution 194 (III) Of December 1948, paragraph 11, in which the U.N. General Assembly,

“Resolves that the refugees wishing to return to their homes and live at peace with their neighbors should be permitted to do so at the earliest practicable date, and that compensation should be paid for the property of those choosing not to return and for loss of or damage to property which, under principles of international law or in equity, should be made good by the governments or authorities responsible;

Instructs the Conciliation Commission to facilitate the repatriation, resettlement and economic and social rehabilitation of the refugees and the payment of compensation…”

Since 1949, this resolution together with UNSC Res. 242 and 338 have been regularly reaffirmed by the U.N. General Assembly.

Loss of LandUNRWA provides education, healthcare, and employment opportunities for millions of Palestinian refugees, but Trump claims the agency is a failure and unsustainable, citing the growing number of refugees. Human rights lawyer, Francesca P. Albanese, wrote a very good monograph about the challenges confronting UNRWA, but we know Trump won’t be bothered with the facts. I hope members of Congress will take time to read it. (Available here.)

September 20-25, 2019, UNRWA-USA is hosting a relay-run that urges the U.S. government to put humanitarian assistance ahead of politics and back in line with American values. Partnering with Right to Movement, UNRWA-USA will bring a group of runners and refugees from Palestine to relay run down the East Coast to deliver a message that UNRWA needs America’s investment. The relay will begin on Friday, September 20 in New York City at the start of the UN General Assembly and the runners will make stops along the East Coast to share stories at community events hosted by like-minded partners and collect support for UNRWA’s humanitarian programs and services for Palestine refugees in the Middle East.

Relay itinerary:

-9/20: relay kicks off in New York City
-9/21: run from New York to Clifton, New Jersey
-9/22: run from New Jersey to Philadelphia, Pennsylvania
-9/23: run from Pennsylvania to Wilmington, Delaware
-9/24: run from Delaware to Baltimore, Maryland
-9/25: run from Maryland to Washington DC

Please consider supporting these runners and UNRWA with a donation that represents your values and concern for Palestinian refugees.  Check out the link for online donations and more information.

 

 

 

2 Comments

Filed under Nakba, People, Uncategorized, United Nations, US Policy

“What are Trump and Netanyahu afraid of?” — New York Times editorial board asks

iStock 20492165 MD - American and Israeli flags

America and Israel flags

The New York Times Editorial Board, so often an apologist for Israel’s brutal occupation of the Palestinians, opined (August 15, 2019) that Trump’s and Netanyahu’s actions denying two U.S.  Congresswomen the opportunity to visit Israel-Palestine was a sign of weakness.

There are not many traditions of decorum that President Trump has not trampled on since entering the White House. But to put at risk, so cynically, America’s special relationship with Israel solely to titillate the bigots in his base, to lean so crassly on a foreign leader to punish his own political adversaries, to demonstrate so foul a lack of respect for the most elemental democratic principles, is new territory even for him.

America’s special relationship with Israel” translates to $3+ Billion every year from US taxpayers to Israel; an unquestioning veto at the UN Security Council to prevent any measure critical of Israel’s occupation; a willful blindness to the undemocratic, apartheid state that flaunts its “successes” while shielding from public view its grotesque human rights violations; a mindless deference to Israel’s hasbara and security mantra; and a chilling indifference to the suffering, killing and dehumanization of the Palestinians barely surviving under Israel’s military occupation. The N.Y. Times Editorial Board asks: “What are Trump and Netanyahu afraid of?” My answer is simple.

The Truth

Anyone who has lived, worked, volunteered or spent any bit of time with the Palestinians in the occupied West Bank, occupied East Jerusalem, or the occupied Gaza Strip knows that the State of Israel has been wildly successful at spinning a righteous tale of its victimhood, its struggle for survival and security in a “dangerous neighborhood,” and its “peace-loving” liberal values.

The State of Israel has succeeded in creating this mirage by carefully pushing its hasbara  (promoting its version of the facts) to the exclusion of contrary facts which undermine Israel’s preferred reality.  And the New York Times, as well as some other western media, have been complicit in this charade.

Israel has also succeeded in keeping the U.S. Congress duped by indoctrinating them into Israel’s version of the facts with carefully orchestrated junkets to Israel that highlight the “special relationship” between our two countries; by keeping AIPAC (Israel’s Washington lobbyist) in the offices of freshman members of Congress so they are honed to the “correct path” from the beginning; and by unseating those members of Congress who won’t follow AIPAC’s direction. (Read about former Congressman Paul Finley who died August 9, 2019).

There are so many examples, books could and have been written about it.  My first education about the myths and propaganda came from one of the new Israeli historians, Professor Ilan Pappe, which I wrote about here.

My correspondence with the editors of the New York Times in 2016 is one small example of trying to break through Israel’s alternative reality. When the editors refused to label the Gaza Strip as “occupied” territory, I challenged them.  I wrote about it here. After several communications back and forth, my query finally ended up in the deep, dark hole within the bowels of the New York Times. Even the Democratic National Committee has apoplexy with the term “occupation”, as I wrote about here.

The four congresswomen — Reps. Ilhan Omar of Minnesota, Alexandria Ocasio-Cortez of New York, Rashida Tlaib of Michigan and Ayanna Pressley of Massachusetts — the “Squad” as they’re known on Capitol Hill — are a threat to anyone who fears the truth. They’re challenging the powerful lobbyists, the accepted orthodoxy of the Democratic Party, and even the State of Israel’s hasbara.

I can only imagine that the New York Times Editorial Board must be sniffing the same scent that the Emperor who wore no clothes sniffed when it began to dawn on him that his reality didn’t match what everyone around him knew.

The truth — that’s what Trump and Netanyahu fear.

2 Comments

Filed under Israel, Media, Occupation, People, Politics, Uncategorized, US Policy

Putting Faith into Action

 

The Catholics and Jews came together in my world on Sunday, August 11, 2019 in Baltimore.  I attended the 10:30 am service at St. Ignatius Church with a friend, and then attended the Tisha B’Av #ICEOutHoCo protest in Howard County with other friends in the afternoon.  The messages from both events resonated deeply.

Jesus ChristThe priest said, “Today, young people are the principal protagonists of an anthropological transformation that is coming to be through the digital culture of our time, opening humanity to a new historical epoch. We are living through a period of change from which will emerge a new humanity and a new way of structuring human life in its personal and social dimensions. To accompany young people demands of us authenticity of life, spiritual depth, and openness to sharing the life-mission that gives meaning to who we are and what we do. Accompanying young people puts us on the path of personal, communitarian, and institutional conversion.”

When it was time for the petition, where We pray to the Lord ….. Lord, hear our prayer, my ears couldn’t believe what I was hearing.

St. Ignatius ChurchWe pray to the Lord, defeat the gun lobby and the public officials in their pay. Strengthen us to demand legislation to ban the sale of assault weapons, to require background checks, and to prosecute with rigor domestic terrorism. Lord, hear our prayer.

We pray to the Lord, shield innocent children cruelly harmed by politicians who stoke bigotry to stay in power. Lord, hear our prayer.

We pray to the Lord, end the affliction of all who suffer from violence and rescue them from bitterness. Lord hear our prayer.

Later that day, Jews United for Justice led a protest in front of the Howard County Detention Center against ICE and the detention of immigrants. The goal is to convince the county to end its contract with ICE to use the facilities.

Tisha B'Av Action

Several hundred people gathered peacefully at this Tisha B’Av Action to #CloseTheCamps

Tisha B’Av, the 9th day of the month of Av (Aug. 10-11, 2019), is the saddest day on the Jewish calendar, on which we fast, deprive ourselves and pray. It is the culmination of the Three Weeks, a period of time during which we mark the destruction of the Holy Temple in Jerusalem.

 

We heard speakers talk about the 9th day of Av, a Jewish fast day “commemorating the destruction of the Temples which has become an emotional lightening rod for all Jewish national tragedies. The Jewish community is not the only community that is suffering in our contemporary world. The day prompts us to be human beings in community with others.” We also heard from immigrants and others about their experiences with ICE, and about the call to action — demanding Howard County to cease its intergovernmental agreement with ICE. http://jufj.org/hoco-ice/

Tisha B'Av Action mother and child

This particular demonstration moved me in a way that many others haven’t because of the unity in spirit that I felt permeated almost everyone there.  Old, young, religious or secular, the energy was peaceful yet determined. Everyone was focused on the mistreatment of immigrants, on ICE, and on our responsibility to end this immoral path our nation is on.  [The organizer at the beginning of the action told us the ground rules, and I noted that he said our signs were welcomed but no Israeli flags because they wanted this to be an inclusive event.]

The Catholics and Jews today each reinforced similar messages from different angles.  They spoke from a place of peace, not anger or violence. They focused on injustices and harm occurring in the real world, not abstract concepts of good and bad. And children were highlighted in each. The time has come for leaders of the past to follow the leaders of the future.

Tisha B'Av Action vote

The youth in Gaza are demanding justice too. Our silence to Israel’s occupation and blockade is as deadly as the White Supremacists killing children in mass shootings, and ICE killing children in detention cages at the border.

Our hearts and heads must connect these dots so that our empathy and actions end injustices everywhere for everyone.  The time has come to end our tunnel vision.

 

 

 

4 Comments

Filed under nonviolent resistance, Peaceful, Spiritual - Religion, Uncategorized

We Are One

Christmas_Hill_Park_in_Gilroy_California_USA,_March_2017

Another senseless tragedy, this time at the Garlic Festival in Gilroy, California.  At the end of the day on the last day of the festival, a white male entered Christmas Hill Park and started shooting. In a flash 3 people were killed, including a 6 year old boy, and many more were wounded.

On the other side of the country, I learned about it within minutes on Facebook. Friends posted their shock and disbelief, their concern for the victims.

I was shocked too. Gilroy was my home in the 1980s, where I worked, raised children, and made good friends. My home was a block from Christmas Hill Park. I volunteered at the Festival for several years. My first assignment as a city planner in Gilroy was to document a massive flood that impacted much of the city, including Christmas Hill Park.

After hearing news of the tragedy, I posted my personal connection to Gilroy and the Garlic Festival on Facebook, and read many similar messages from people who have even a tenuous connection to Gilroy.

Then it hit me.

Although most people are saddened by a tragedy, we feel a visceral connection when the tragedy “hits home” and touches a place or person we actually know. That’s when we want to share our stories and humanity where there were inhumane acts committed.

WeAreOne-MedI think it must be human nature. When we feel a connection, we can reach across the time and distance that divides us and reconnect with the victims. We are one.

It’s not yet human nature to empathize with the “other” — those we don’t feel a connection with.  I know, because I’ve watched my own empathy quotient rise as I’ve connected with people.

Before 2016, I had no connection to Sudan and probably couldn’t even place it on the map accurately. Then I met a Sudanese woman who made my Subway sandwich in Baltimore every week. We talked, we got together for dinner at each other’s homes, we shared a Christmas Eve together, and we bonded. Today, I can’t hear news about Sudan without thinking of my friend. I hope to visit her in Baltimore in a couple of weeks.

Before 2004, I had no connection with Palestine. That’s when I made my first trip to Gaza with a friend. (I’ve written about that trip on this blog, and it’s included in the book I’m writing.) I knew the Zionist messaging about the Israel-Palestine “conflict” but nothing more. Then my eyes and heart were opened.

I wish all Americans could open their eyes and heart and be one with the Palestinians in Gaza. Maybe I can because I lived there, I worked there, I visited there and I know people there. 

Maybe that’s why the U.S. State Department prevents Americans from traveling to Gaza; it doesn’t want Americans establishing a visceral connection with the Palestinians. Israel doesn’t want the world connecting either, which is clear from its 12 years blockading the 2+ million people in the Gaza Strip. 

Will homo sapiens evolve? Can we connect with each other as one, and leave the “us versus them” paradigm back in the savanna? I hope so.

 

6 Comments

Filed under Gaza, Peaceful, Spiritual - Religion, Uncategorized

US Congress condemns boycotts of Israel

On July 23, 2019, Congress passed H. Res. 246 condemning boycotts of Israel. (398 – 17) [The full text is copied below.]

The resolution was obviously drafted by AIPAC — Israel’s powerful lobbying organization working against all efforts to “delegitimize” [AIPAC’s word, not mine] the State of Israel.

The U.S. Congress opposes the Global Boycott, Divestment, and Sanctions Movement (BDS Movement) targeting Israel, including efforts to target United States companies that are engaged in commercial activities that are legal under United States law, and all efforts to delegitimize the State of Israel;

This comes at the same time that the U.N. Special Rapporteur is recommending a global BDS (boycott, divestment and sanctions) movement against Israel because no other actions by the United Nations or the international community have deterred Israel’s occupation and steady march towards ethnic cleansing of the Palestinians from their land.

As the ACLU has repeatedly informed Congress, political boycotts are fully protected by the First Amendment. The Supreme Court made that clear when it recognized, in a landmark 1982 decision called NAACP v. Claiborne Hardware, that the Constitution protected a 1960s boycott of white-owned businesses in Mississippi.

The 17 NAY votes included Rep. Ilhan Omar (D-MN), Rep. Alexandria Ocasio-Cortez (D-NY), Rep. Rashida Tlaib (D-MI), Rep. Betty McCollum (D-MN), Rep. Pramila Javapal (D-WA), and Rep. Raul Grijalva (D-AZ).  Their courage to stand up against the Democratic leadership, against AIPAC, and against the tidal wave of their fellow colleagues in the House must be recognized and applauded. 

Deb HaalandUnfortunately, my first term Congresswoman Debra Haaland (D-NM) did not display that courage. She issued no statement to explain her decision to oppose my constitutional right to boycott Israel but my hunch is that she will follow Speaker Pelosi’s wish —- the good inside game in politics —- on these matters. Although Haaland graduated from law school, her understanding or appreciation for the First Amendment is not strong.

On Cesar Chavez Day, Rep. Haaland stood on the stage with Dolores Huerta, but perhaps she wasn’t aware of the importance of that day — to remember a movement that was all about the use of boycotts!

The Senate has an identical resolution (S.Res. 120) which hasn’t been voted on yet. My two U.S. Senators are going to hear why I urge them to oppose it.

116th CONGRESS

1st Session

H. RES. 246

IN THE HOUSE OF REPRESENTATIVES

March 21, 2019

 (for himself, Mr. ZeldinMr. Nadler, and Mrs. Wagner) submitted the following resolution; which was referred to the Committee on Foreign Affairs, and in addition to the Committees on Financial ServicesScience, Space, and Technology, and the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned

RESOLUTION

Opposing efforts to delegitimize the State of Israel and the Global Boycott, Divestment, and Sanctions Movement targeting Israel.

Whereas the democratic, Jewish State of Israel is a key ally and strategic partner of the United States;

Whereas since Israel’s founding in 1948, Congress has repeatedly expressed our Nation’s unwavering commitment to the security of Israel as a Jewish and democratic state;

Whereas American policy has long sought to bring peace to the Middle East and recognized that both the Israeli and Palestinian people should be able to live in safe and sovereign states, free from fear and violence, with mutual recognition;

Whereas support for peace between the Israelis and Palestinians has long-standing bipartisan support in Congress;

Whereas it is the long-standing policy of the United States that a peaceful resolution to the Israeli-Palestinian conflict should come through direct negotiations between the Government of Israel and the Palestinian Authority, with the support of countries in the region and around the world;

Whereas it is a hallmark of American democracy for citizens to petition the United States Government in favor of or against United States foreign policy;

Whereas cooperation between Israel and the United States is of great importance, especially in the context of rising anti-Semitism, authoritarianism and security problems in Europe, the Middle East, and North Africa;

Whereas the Global Boycott, Divestment and Sanctions Movement (BDS Movement) targeting Israel is a campaign that does not favor a two-state solution and that seeks to exclude the State of Israel and the Israeli people from the economic, cultural, and academic life of the rest of the world;

Whereas the BDS Movement targets not only the Israeli government but also Israeli academic, cultural, and civil society institutions, as well as individual Israeli citizens of all political persuasions, religions, and ethnicities, and in some cases even Jews of other nationalities who support Israel;

Whereas the BDS Movement does not recognize, and many of its supporters explicitly deny, the right of the Jewish people to national self-determination;

Whereas a founder of the BDS Movement has denied the right of the Jewish people in their homeland, saying, We oppose a Jewish state in any part of Palestine. No Palestinian, rational Palestinian, not a sell-out Palestinian, will ever accept a Jewish state in Palestine.;

Whereas university-based BDS efforts violate the core goals of the university and global cultural development, which thrive on free and open exchange and debate; and

Whereas the BDS Movement promotes principles of collective guilt, mass punishment, and group isolation, which are destructive of prospects for progress towards peace and a two-state solution: Now, therefore, be it

That the House of Representatives—

(1)

opposes the Global Boycott, Divestment, and Sanctions Movement (BDS Movement) targeting Israel, including efforts to target United States companies that are engaged in commercial activities that are legal under United States law, and all efforts to delegitimize the State of Israel;

(2)

affirms that the Global Boycott, Divestment, and Sanctions Movement undermines the possibility for a negotiated solution to the Israeli-Palestinian conflict by demanding concessions of one party alone and encouraging the Palestinians to reject negotiations in favor of international pressure;

(3)

urges Israelis and Palestinians to return to direct negotiations as the only way to achieve an end to the Israeli-Palestinian conflict;

(4)

supports the full implementation of the United States-Israel Strategic Partnership Act of 2014 (Public Law 113–296; 128 Stat. 4075) and new efforts to enhance government-wide, coordinated United States-Israel scientific and technological cooperation in civilian areas, such as with respect to energy, water, agriculture, alternative fuel technology, civilian space technology, and security, in order to counter the effects of actions to boycott, divest from, or sanction Israel; and

(5)

reaffirms its strong support for a negotiated solution to the Israeli-Palestinian conflict resulting in two states—a democratic Jewish State of Israel, and a viable, democratic Palestinian state—living side-by-side in peace, security, and mutual recognition.

2 Comments

Filed under Israel, Politics, US Policy

UN Special Rapporteur urges Israel be held accountable

michael_lynk

Special Rapporteur S. Michael Lynk

The community of nations should start using some of the legal sticks available in its basket to push the State of Israel into ending the occupation of Palestine.  That’s the bottom line according to the U.N. Special Rapporteur who is calling for global boycott, divestment and sanctions (BDS) against the State of Israel.

Professor S. Michael Lynk, a Canadian law professor, is no newbie to Israel’s occupation. As the UN Special Rapporteur for human rights in the occupied territories, he asked  — When is enough, enough under international law?  He answered it in his report to the U.N. General Assembly in October 2017. I summarized his report here.

In the 22 page report, which should be required reading for everyone interested in the future of Israel and Palestine, Professor Lynk opened a new (legal) chapter in Israel’s occupation of East Jerusalem, the West Bank, and the Gaza Strip. He made the case for recognizing Israel as an illegal occupier, and called on the international community to use all of the tools in its toolbox to end this illegal occupation.

The next year, EJIL: Talk! …. the Blog of the European Journal of International Law published Professor Lynk’s commentary where he urged the international legal community to consider whether or not Israel’s prolonged occupation of Palestine has crossed some legal red line, resulting in an illegal occupation. Professor Lynk posited a 4-part test to determine the answer. His commentary was reprinted on my blog here.

The Great MarchIn the Spring of 2018, when Palestinians in Gaza launched the Great Return March and protested at the fence line between Israel and Gaza, Israel responded with lethal force. Lynk said the killings reflected a “blatant excessive use of force by Israel” and likened them to “an eye for an eyelash.” The protesters appeared to pose no credible threat to Israeli military forces on the Israeli side. Under humanitarian law, he said, the killing of unarmed demonstrators could amount to a war crime, and he added that “impunity for these actions is not an option.” (I wrote about that here.)

Although Professor Ilan Pappe wants the world to jettison the term “occupation” in favor of “colonization” in the context of Israel – Palestine, Professor Lynk has taken a different tack. He recommends that the U.N. declare the occupation illegal. See more about that here.

In March 2019, the UN Commission of Inquiry issued its findings and recommendations on the deadly protests in Gaza. Professor Lynk agreed and warned that —

As the one-year anniversary of the “Great March of Return” on 30 March 2019 draws closer, and in view of the ever-deteriorating economic and humanitarian situation in Gaza, the Special Rapporteur expressed concern over possible rising levels of violence if no firm action was taken to pursue accountability and justice. “Continuing to suffocate Gaza is a blot on the world’s conscience and a recipe for more bloodshed,” Lynk said. “Restoring Gaza and ensuring justice and accountability would give the region hope that a better Middle East is possible.”

ACCOUNTABILITY

For many years, Palestinians and human rights activists have been beating the accountability drum urging the world to hold Israel accountable for its responsibilities as an occupier and its flagrant violations of international humanitarian and human rights law. Beyond the many non-binding resolutions at the U.N. over the years, there has been no credible and sustained effort to hold Israel accountable. (The U.S. is a very big reason why the U.N. has failed — but that’s for another blog post.)

2013-05-05-21-01-541On his most recent tour to the Middle East, Professor Lynk held meetings in Jordan because Israel refuses to allow him to visit Palestine. He believes that unless Israel is pressured to do the right thing, it will continue to deepen and further entrench the occupation.

Professor Lynk recommends that the UN members should consider everything from cutting cultural ties with Israel to suspending its membership in the world body.

He emphasized the role of the EU, which accounts for some 40 percent of Israel’s external trade and could make the flow of Israeli goods and services to the 28-nation bloc contingent on policy shifts that help Palestinians.

Furthermore, Lynk urges the speedy publication of a long-awaited blacklist of Israeli and international companies that profit from operations in Israeli settlements in the occupied West Bank. He also wants prosecutors at the International Criminal Court (ICC) in The Hague to hasten its preliminary investigation of allegations of rights abuses by Israel and Hamas on Palestinian territory, which began in 2015.

Although Professor Lynk’s role as UN Special Rapporteur carries no enforcement power or authority, he’s certainly using his responsibility to examine and report on the occupation to the fullest extent possible. Now civil society and solidarity activists must amplify his call for accountability. 

 

Mr. Michael Lynk was designated by the UN Human Rights Council in 2016 as the Special Rapporteur on the situation of human rights in the Palestinian Territory occupied since 1967. The mandate was originally established in 1993 by the then UN Commission on Human Rights. Professor Lynk is Associate Professor of Law at Western University in London, Ontario, where he teaches labour law, constitutional law and human rights law. Before becoming an academic, he practiced labour law and refugee law for a decade in Ottawa and Toronto. He also worked for the United Nations on human rights and refugee issues in Jerusalem.

The Special Rapporteurs are part of what is known as the Special Procedures of the Human Rights Council. Special Procedures, the largest body of independent experts in the UN Human Rights system, is the general name of the Council’s independent fact-finding and monitoring mechanisms that address either specific country situations or thematic issues in all parts of the world. Special Procedures experts work on a voluntary basis; they are not UN staff and do not receive a salary for their work. They are independent from any government or organization and serve in their individual capacity.

 

2 Comments

Filed under Occupation, People, Politics, Uncategorized, United Nations