South Dakota governor's executive order targets BDS movement

(January16) On January 14, Kristi Noem the Republican Governor or the US state of South Dakota signed an executive order that prohibits state offices from doing business with any companies that boycott Israel.

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South Dakota is the 28th state to target the Boycott, Divestment and Sanctions (BDS) movement.

Noem's justification

Noem said: “Israel is one of our nation’s closest allies, and their success is critical to American national security. Today, we reaffirm that South Dakota stands with Israel and will only contract with businesses who agree to fairly compete. Our state will not stand for any discrimination based on race or religion.”

However, it is not clear how BDS actions against Israel are based upon race or religion. They are based upon the actions of Israel against Palestinians as Wikipedia describes the movement: "The Boycott, Divestment and Sanctions movement (also known as BDS) is a Palestinian-led[1][2][3] campaign promoting various forms of boycott against Israel until it meets what the campaign describes as Israel's obligations under international law,[4] defined as withdrawal from the occupied territories, removal of the separation barrier in the West Bank, full equality for Arab-Palestinian citizens of Israel, and "respecting, protecting, and promoting the rights of Palestinian refugees to return to their homes and properties".[4] " There is nothing about race or religion just about the necessity of Israel to meet certain obligations. While some countries oppose BDS it is not surprising that others support the movement including South Africa in which a boycott and divestment campaign helped remove an apartheid government.

One wonders whether other boycott movements are to be targeted. For example Code PInk has a campaign of boycotting and divestment from Saudi Arabia: "It’s time to boycott and divest from the Saudi regime. Musicians should not perform there. Companies should reject any business with the country. Institutions, such as universities and think tanks, should sever all ties. Politicians should not take money or direction from the Saudi lobby. PR firms should drop Saudi Arabia as a client. " Are states now going to pass laws that businesses and individuals who join the Code Pink movement against the Saudis be denied contracts? The Saudis are surely US allies and helpful to the profits of US arms producers as well as a source of oil.

ACLU believes state laws targeting BDS are unconstitutional

In May last year an article noted that laws in three states targeting the BDS movement were unconstitutional: "Last week a federal district court in Texas blocked as unconstitutional a state law that required government contractors to certify that they did not boycott Israel and would not do so over the course of their contract. With courts in Arizona and Kansas issuing similar rulings last year, that’s now three federal courts that have protected the right to engage in First Amendment-protected political boycotts—including boycotts of Israel and Israeli settlements."

In spite of these rulings, several dozen states have gone on to pass legislation against BDS. In July of last year the US House of Representatives passed a resolution that denounced the BDS movement. One of the sponsors of the resolution Brad Schneider said that he was not concerned about the economic impact of the movement but claimed that BDS was attempting to delegitimize Israel. No doubt many states will try to amend their legislation to try to avoid their laws being unconstitutional. There will also be continuing legal challenges in those states who retain anti-BDS laws and regulations.

Previously published in the Digital Journal

BDS movement growing on US college campuses by a third over three years

(November 9, 2019) Boycott, Divestment and Sanctions (BDS) campaigns have increased by almost one third during the last three years on US college campuses according to the Israel on Campus Coalition (ICC)

The Boycott, Divestment and Sanctions (BDS) movement

Wikipedia describes the BDS movement: "The Boycott, Divestment and Sanctions movement (also known as BDS) is a Palestinian-led[1][2][3] campaign promoting various forms of boycott against Israel until it meets what the campaign describes as Israel's obligations under international law,[4] defined as withdrawal from the occupied territories, removal of the separation barrier in the West Bank, full equality for Arab-Palestinian citizens of Israel, and "respecting, protecting, and promoting the rights of Palestinian refugees to return to their homes and properties".[4] The campaign is organized and coordinated by the Palestinian BDS National Committee.[5]Protests and conferences in support of the campaign have been held in a number of countries. BDS supporters compare the movement to the 20th-century anti-apartheid movement and view their actions similar to the boycotts of South Africa during its apartheid era, comparing the situation in Israel to apartheid.[6][7][8] "

Critics of the movement reject the BDS claim that Israel is an apartheid state arguing that outside of the West Bank Jews and Arabs mix freely, and even live in the same neighborhoods. There is no imposed segregation as in an apartheid state. Critics also accuse the BDS of being antisemitic and compare its tactics to the Nazi boycott of Jewish businesses. Critics also accuse BDS of delegitimization of Israel.

The Israel on Campus Coalition (ICC)

A Wikipedia entry describes the group: "The Israel on Campus Coalition is a pro-Israel umbrella organization founded in 2002 under the auspices of the Charles and Lynn Schusterman Family Foundation and Hillel: The Foundation for Jewish Campus Life.[1]... ICC describes its mission as "to inspire American college students to see Israel as a source of pride and empower them to stand up for Israel on campus."[1] ICC coordinates groups and students to respond to anti-Israel activism by providing pro-active, pro-Israel information and programs.[2]"

The ICC report

The report claims that interruptions of pro-Israel events increased from 13 in 2013 to 35 the highest figure since the 2011-2012 academic year. The report states: “As the BDS movement has become more established over time, anti-Israel tactics have become increasingly hostile as Israel’s detractors double down on efforts to make campuses inhospitable to Jews and Zionists...

Protracted anti-Israel initiatives created new obstacles for the pro-Israel campus movement. In the months ahead, pro-Israel students and campus professionals face a complex reality on U.S. campuses.”

BDS defends itself

In response the BDS movement claims it is inspired by the campaign that targeted the apartheid regime in South Africa and is seeking to force an end to the Israeli occupation of the West Bank. Accusations of BDS being antisemitic the movement regards as an attempt to discredit them.

The BDS says it advocates peaceful resistance and that its aim is to pressure Israel to follow international law and human rights. BDS lobbies states, institutions, and persons to understand the manner in which Israel oppresses Palestinians urging them to take action to alter Israel's behavior and break ties with Israel until it ceases oppressing Palestinians.. Supporter of BDS have tried to take action to promote Palestinian statehood

The BDS committee is made up of more than 170 Palestinian civil society organizations, unions, plus cultural and rights groups. BDS issued it official call for a boycott in 2005.

Formerly published in the Digital Journal

US House of Representatives passes anti-BDS bill by a huge majority 398 for 17 against

(July 23)The US House of Representatives on July 23 passed H. Res 246, a bill expressing opposition to the Boycott Divestment and Sanctions (BDS) movement directed at Israel. The bill passed with a huge majority 398 for to just 17 against.

Rationale for the bill

Critics of BDS claim it is against US policy and is harmful to the two-state solution in the Middle East supported by the US.

The BDS

The BDS campaign is meant to put pressure on Israel over the occupation of Palestine. Specifically it puts economic pressure to cease some of its activities against Palestinians as part of the occupation.

Wikipedia describes the BDS in more detail as follows: "The Boycott, Divestment and Sanctions movement (also known as BDS) is a Palestinian-led campaign promoting various forms of boycott against Israel until it meets what the campaign describes as Israel's obligations under international law, defined as withdrawal from the occupied territories, removal of the separation barrier in the West Bank, full equality for Arab-Palestinian citizens of Israel, and "respecting, protecting, and promoting the rights of Palestinian refugees to return to their homes and properties".

Critics of the BDS movement claim that Israel is not an apartheid state and that there is no imposed segregation. Many critics also charge BDS is anti-Semitic.

US has long followed a pro-Israel policy on the issue

While movements boycotting countries are not that unusual, since 1977 when the Office of Antiboycott Compliance was set up, the US, especially individual states, began passing laws that try to prevent US citizens and companies from joining the BDS movement. The US has been eager to get on the record as being anti-BDS even though the House bill does not bar individuals from getting involved in the movement.

Considerable anti-BDS activity at the state level

There are now anti-BDS laws in many states with the language of the bills sometimes almost identical: "A rapid succession of states — 27 in four years — have adopted measures to curb the boycott initiative known as BDS.These new laws and executive orders have been crafted by activists, then copied from one state to the next, adopted with virtually identical language. Most require tens of thousands of state contractors to pledge not to boycott Israel — or lose their government funding. Other efforts require state pension boards to divest from companies that boycott Israel."

The American Civil Liberties Union (ACLU) has argued the bills are unconstitutional and they have been ruled as such in three states: "Last week a federal district court in Texas blocked as unconstitutional a state law that required government contractors to certify that they did not boycott Israel and would not do so over the course of their contract. With courts in Arizona and Kansas issuing similar rulings last year, that’s now three federal courts that have protected the right to engage in First Amendment-protected political boycotts—including boycotts of Israel and Israeli settlements."

Ilhan Omar's resolution

Omar, a Democratic representative, offered a competing resolution which expressed support for the right of Americans to boycott other nations, including Israel. Democratic leaders claimed the resolution was "dead on arrival" even though historically boycotts have been considered part of Americans' right to free speech. That position is held by the ACLU and at least some US courts. Yet Omar's resolution is not likely to raise serious discussion in committee let alone reach a proper vote on the floor of the House of Representatives.

Previously published in the Digital Journal