by Mitchell Plitnick
Today, I’m asking my readers to please support the American Israel Public Affairs Committee (AIPAC). The group has been working hard on some new legislation and it’s really important to help get this bill to the floor of the Senate and the House.
According to a report in Buzzfeed, [...]]]>
by Mitchell Plitnick
Today, I’m asking my readers to please support the American Israel Public Affairs Committee (AIPAC). The group has been working hard on some new legislation and it’s really important to help get this bill to the floor of the Senate and the House.
According to a report in Buzzfeed, AIPAC has been working with congressional staff members for months on the bill, trying to find the formula for success. The bill would “…aim to prevent U.S. companies from participating in the (Boycott, Divestment and Sanctions against Israel) campaign without infringing on Americans’ First Amendment rights to political speech. It would also try to make the Transatlantic Trade and Investment Partnership being negotiated between the U.S. and E.U. conditional on whether the E.U. takes action to stop BDS.”
And how would they prevent US companies from participating in BDS? By “…authorizing states and local governments to divest from companies deemed to be participating in BDS,” and by denying “…federal contracts to such companies.” This bill should be at the top of the agenda for American activists in the United States who wish to see our country change its policies towards Israel and Palestine.
AIPAC hasn’t been doing very well of late. Their attempt to weasel a provision into another bill that would have allowed Israelis to enter the United States without a visa while Israel refused to make the same arrangement for US citizens raised a lot of hackles on Capitol Hill, even in some offices that are very AIPAC-friendly. The proposed provision was killed. AIPAC was unable to sway the Senate against the nomination of former Senator Chuck Hagel for Secretary of Defense. Nor has it been able to significantly impact the Obama administration’s efforts to reach an agreement with Iran on its nuclear program.
There have been a lot of failures lately, including the failure to get Congress to push hard for an attack on Syria last year. But this bill, if it ever reaches the floor, could be the biggest bust of all, with some serious ramifications for the powerful lobbying group.
Let’s just start with the First Amendment issues this raises. If this bill ever sees the light of day, AIPAC is going to try to convince people that it is similar to the laws passed forty years ago in response to the Arab League’s boycott of Israel. Put simply, it isn’t.
Those laws–the 1977 amendments to the Export Administration Act (EAA) and the Ribicoff Amendment to the 1976 Tax Reform Act (TRA)–were drawn up narrowly, to apply only in the case of abetting or cooperating with a boycott directed at Israel by other countries. The mentions of boycott “by a foreign nation” or similar words are so frequent that the meaning cannot be missed. This is no surprise, of course; Congress is loath to dictate to US businesses, and it is especially tricky where a national interest is not clearly and immediately at stake. So these laws were contrived so that they only barred supporting boycotts by foreign countries against Israel.
In the case of BDS, no government is running this program, not even the pseudo-governments of the Palestinian Territories. The Palestinian Authority (PA) has not endorsed boycotts of Israel and is, itself, completely incapable of boycotting Israeli goods and services. It is in most ways a captive market to Israel. Hamas has, frankly, paid little attention to such measures, though they have encouraged them rhetorically from time to time.
There is a call for BDS from Palestinian civil society, but that is not covered by the 1970s laws. Moreover, any law that would target BDS would need to be constructed in such a way so that it would not have made boycotts of Apartheid South Africa illegal. Those boycotts also came in response to a call from the African National Congress. If businesses could not engage in such activities, there would be great outrage.
So the Arab League boycott is moot as a basis for anti-BDS legislation. The right to boycott is also not limited by what the government decides is an acceptable boycott and what is not. People, and businesses, are free to choose with whom they will do business. Congress making such decisions violates the very essence of the First Amendment, and it is highly unlikely that such a law could pass as a result and, if it could, even less likely that it could withstand legal challenges.
The bit about the Transatlantic Trade and Investment Partnership (TTIP) is even more toxic. The point of TTIP is to make international trade between the United States and European Union easier, to reduce tariffs and lessen bureaucracy. The idea is to significantly improve the speed, and thus the volume and value, of trade between the two economic giants. Adding stipulations like ensuring that EU states are working against BDS is precisely what TTIP is designed to avoid. Whatever my own objections to TTIP (and they are many), it clearly holds great appeal for businesses on both sides of the Atlantic.
It is one thing for US citizens with influence in Washington to go along with the powerful lobbying forces defending Israel’s ability to act with impunity in the region; for the most part, that has not had a negative effect on trade. But this would be a very different matter. Now we are talking about AIPAC going up against powerful, domestic business interests. That is a whole new ballgame.
Even bringing the bill to the floor would demonstrate in a clearer way than ever before that AIPAC is willing to compromise US commercial interests and even one of the most cherished and basic freedoms the US prides itself on for the sake of Israeli interests.
Consider also that the overwhelming majority of boycott actions, divestment decisions and even popular proposals for sanctions against Israel have focused squarely on Israel’s occupation of the West Bank and Gaza. They have not targeted Israel as a whole, with the exception of some of the attempts at cultural and academic boycott. But these are not major concerns for Israel nor do they have the same impact potential as economic boycotts and divestment. So, the threat to free speech and to international trade that this bill represents would be demonstrably in the service of the settlement enterprise, the siege of Gaza and the occupation regime more generally. The mask would be off.
In reality, I very much doubt any such legislation is ever going to move forward, at least not from AIPAC. They know the problems as well as anyone and, while I don’t doubt that they are working constantly with their closest friends in Congress to see if something could work, I don’t think they’ll be successful. But if you want to see AIPAC suffer major damage, such a bill would do it. I can’t think of a better strategy to oppose AIPAC than to do everything we can to make sure this sort of doomed anti-BDS legislation hits the floor in Congress with a resounding thud.
]]>via IPS News
The Oslo peace process has failed and Europe must take stronger leadership in the Middle East, according to a distinguished group of former European leaders that is pushing for a stronger and more independent European stance on the Israeli occupation.
And some United States analysts believe the [...]]]>
via IPS News
The Oslo peace process has failed and Europe must take stronger leadership in the Middle East, according to a distinguished group of former European leaders that is pushing for a stronger and more independent European stance on the Israeli occupation.
And some United States analysts believe the European Union’s current leadership may heed the call.
A recent letter from the European Eminent Persons Group (EEPG) to the EU High Representative for Foreign Affairs, Catherine Ashton, is deeply critical of both the EU’s and the United States’ approach to the Israel-Palestine conflict and calls for specific steps to try to save the two-state solution.
The letter was signed by 19 prominent Europeans – amongst them seven former foreign ministers, four former prime ministers and one former president – from 11 European countries, including the UK, Germany, France, Italy, Spain, the Netherlands and Latvia.
“We have watched with increasing disappointment over the past five years the failure of the parties to start any kind of productive discussion, and of the international community under American and/or European leadership to promote such discussion,” the letter said.
Specifically critical of the U.S.’s role, the letter also stated that President Barack Obama “…gave no indication [in his recent speech in Jerusalem] of action to break the deep stagnation, nor any sign that he sought something other than the re-start of talks between West Bank and Israeli leaders under the Oslo Process, which lost its momentum long ago.”
The EEPG criticised what they referred to as “the erasing of the 1967 lines as the basis for a two-state (solution).” They called for changes in EU policy and some specific steps to promote peace.
They called, among other points, for an explicit recognition that the Palestinian Territories are under occupation, imposing on Israel the legal obligations of that status; a clear statement that all Israeli settlements beyond the 1967 border be recognised as illegal and only that border can be a starting point for negotiations; and that the EU should actively support Palestinian reunification.
The notable leaders also called for “a reconsideration of the funding arrangements for Palestine, in order to avoid the Palestinian Authority’s present dependence on sources of funding which serve to freeze rather than promote the peace process,” an acknowledgment that the often praised “economic improvement” in the West Bank has been built on international donations and is not sustainable.
The timing of the letter, sent just after U.S. Secretary of State John Kerry’s most recent trip to the Middle East, was a clear statement that the EEPG does not believe the current round of U.S. diplomacy is likely to achieve significant progress. The letter has received only moderate publicity, yet EEPG’s co-chair, Sir Jeremy Greenstock, believes that the recommendations of the Group can get the long-dormant peace process back on track.
“We have had an acknowledgement from Ashton’s office to say that a response is being prepared,” Greenstock told IPS. “The letter recommends a strategic change, which is a big ask. The first step must be to start a more realistic debate about the poor results from recent policy. We then hope that our recommendations will get a good hearing.”
Greenstock also expressed confidence that EU leadership can not only contribute to reviving diplomacy but can also help the United States realign its policies toward a more productive track.
“The EEPG recognises that a U.S. role is indispensable,” he said. “But the current American stance is unproductive. We believe the Europeans can at least lead on exploring some alternatives, which could in the end be helpful to Washington.”
Hard-line pro-Israel voices have long insisted that only the United States should be mediating between Israel and the Palestinians. Elliott Abrams, a senior fellow for Middle Eastern studies at the Council on Foreign Relations and leading neo-conservative pundit, sharply criticised the letter in his blog.
“This letter is a useful reminder of European attitudes, at least at the level of the Eminent: Blame Israel, treat the Palestinians as children, wring your hands over the terrible way the Americans conduct diplomacy,” Abrams wrote.
“The Israelis will treat this letter with the derision it deserves, and the Palestinians will understand that because this kind of thing reduces European influence with Israel, the EU just can’t deliver much. Indeed it cannot, and the bias, poor reasoning, and refusal to face facts in this letter all suggest that that won’t be changing any time soon.”
But Paul Pillar, a professor in Georgetown University’s Security Studies Programme who spent 28 years as a CIA analyst, thinks Washington might welcome a European initiative along the lines suggested by the EEPG.
“I don’t think that European activism along this line would cause a great deal of heartburn, political or otherwise, in the White House,” Pillar told IPS. “Of course for the United States to take the sorts of positions mentioned in the letter would be anathema to the Israel lobby, and thus the United States will not take them.
“But it would be hard for the Israeli government or anyone else to argue that merely acquiescing in European initiatives is equivalent to the United States taking the same initiatives itself. If the EU were to get out in front in the way recommended by the EEPG, President Obama would say to Netanyahu and others – consistent with what he has said in the past, ‘I have Israel’s back and always will.
“But as I have warned, without peace we are likely to see other countries doing more and more things that challenge the Israeli position.’”
Chas Freeman, former U.S. Ambassador to Saudi Arabia and former president of the Middle East Policy Council, believes the EU has lost patience with U.S. policy in the Middle East and that Israel will soon need to contend with an EU that is more demanding than it has been in the recent past.
“The international community has long since lost confidence in American diplomacy in the Middle East,” Freeman told IPS. “Europe is not an exception, as shown in trends in voting at the United Nations. The ‘peace process’ was once the emblem of U.S. sincerity and devotion to the rule of law; it is now seen as the evidence of American diplomatic ineptitude, subservience to domestic special interests, and political hypocrisy. Europe no longer follows American dictates.
“The EU has its own divided mind. Israel must make its own case to Europeans now. That will not be easy.”
Greenstock believes the urgency of the moment can lead to firm European action. Asked why the EEPG members are taking bolder stances now than when they were in office, he said: “When most of the signatories were in office, there was still some hope that Oslo-Madrid could produce a result. Time and a lack of recent effective action has changed that. Almost every observer now thinks that the prospects for a two-state solution are fading. Hence the urgency.”
Photo: Um Abed plants an olive tree in support of Palestinian farmers. Credit: Eva Bartlett/IPS
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