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ASSOCIATED STUDENTS University of California, Santa Barbara Senate Resolution Subject: A Resolution to Divest From Companies that Profit From Human Rights Violations in Palestine/Israel Author: Xin Ma Second: Steven Kwok Number: __ FPP: _______ Bill Type: Vote Required for Passage: _______ COMMITTEE RECOMMENDATION recommends to the A.S. Legislative Council that the following action be taken: Pass As Written: Pass With Amendments: Do Not Pass: Refer To Committee: Recommended by a Vote Of: Chairperson's initials: STUDENT -SPONSORED LEGISLATION Student Sponsor: Anumita Kaur Student Co-Sponsor: Unique Vance The Student-Sponsored Resolution Liaison Anumita Kaur has insured that this Student-Sponsored Resolution is correct in its form and adherence to the ASUCSB Legal Code. Pass As Written: Pass With Amendments: Do Not Pass: Refer To Ad-Hoc Committee: FISCAL IMPACT Amount: $ Account: A Resolution To WHEREAS: the Mission Statement of UCSB states, “Our commitment to public service is manifested through the creation and distribution of knowledge that advances the wellbeing of our state, nation, and world[i];” and, WHEREAS: it is the University of California, Santa Barbara’s duty to maintain the values of intellectual curiosity, integrity, commitments, and empathy, which includes the promotion of human rights, equality, and dignity for all people; and, WHEREAS: students have a legacy of standing against oppression and injustice at University of California, Santa Barbara and across the U.S.; and, WHEREAS: a top tier research institution should actively dismantle systems of racism, patriarchy, homophobia, transphobia, imperialism, colonization, environmental degradation; rather than, contributing to any of the aforementioned; 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, racism, and settler colonialism; and, WHEREAS: as the example of UCSB’s divestment from fossil fuels shows our commitment to socially responsible investment as well as the empowerment of students to make a difference that will positively affect future generations[ii]; and, WHEREAS: The University of California, Santa Barbara’s divestment from the Prison Industrial Complex demonstrates a commitment to equality and dismantling structures of racism and enslavement; WHEREAS: the occupied Palestinian Territory is not only militarily, but also economically controlled by the Israeli government; and, WHEREAS: the University of California, Santa Barbara is built on Chumash indigenous land, so has Israel been built on indigenous Palestinian land; and, WHEREAS: certain companies have promoted and been complicit in human rights violations by the Israeli government, as detailed below and documented by human rights organizations including, Amnesty International, Human Rights Watch, B’tselem, Al-Haq, Defense for Children International, Addameer, Adalah, Badil, and the Israeli Coalition Against House Demolitions; and, WHEREAS: there have been numerous peace efforts through diplomatic efforts throughout the past 65 years, only crippling the Palestinians further and reinforcing Apartheid and ethno-racial supremacist policies; and, WHEREAS: The African National Congress, the ruling party of South Africa has made Boycott, Divestment, and Sanctions a part of its official policy, due to the Apartheid policies currently taking place in Israel WHEREAS: Universities have endorsed Boycotts and Divestments including, but not limited to: UC San Diego, UC Riverside, UC Irvine, UC Santa Cruz (rescinded), UC Berkeley, UC Los Angeles, UC Davis, The University of Johannesburg, Loyola University, Stanford University, Northeastern University, and Arizona State University WHEREAS: The University California Student Association, an organization that strives to be the collective voice of all UC students through advocacy and direct action, has endorsed divestment from corporations that violate Palestinian rights WHEREAS: Divestment and the BDS movement have been supported by various Jewish and Israeli organizations worldwide, including Jewish Voice for Peace, Young Jewish and Proud, Jewish Voice for Peace at UCSB, Divest from Within, Breaking the Silence, Rabbis for Human Rights, Black Laundry, Women in Black, Jews for the Palestinian Right of Return, International Jewish Anti-Zionist Network, Jews Say No, True Torah Jews, Jews Against the Occupation, and Anarchists Against the Wall, demonstrating that not all Jews unconditionally support Israel and that critiques of the nation state and its policies are not anti-Semitic or an attack on the Jewish people WHEREAS: Israeli Human Rights violations have led to a growing endorsement of academic boycotts against Israeli institutions, including Asian American Studies, The Native American and Indigenous Studies Association, and the American Studies Association. WHEREAS: according to the International Court of Justice (ICJ), “the construction by Israel of a wall in the Occupied Palestinian Territory and its associated regime are contrary to international law[iii];” 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; and, WHEREAS: The Universal Declaration of Human Rights Article 13 states, “everyone has the right to freedom of movement and residence within the borders of each…everyone has the right to leave any country, including his own, and to return to his country[iv]”; and, WHEREAS: Palestinians movement has been restricted through checkpoints, roadblocks and the illegal apartheid wall; and, WHEREAS: Palestinians that sought refuge throughout the world, according to the UNRWA over 4 million Palestinian Refugees, are refused citizenship in Palestine/Israel in direct violation of the Universal Declaration of Human Rights and UN Resolution 194(resolution declaring right to return), WHEREAS: according to the UN General Assembly’s application of the Fourth Geneva Convention to occupied Palestinian territory, the establishment and expansion of settlements in “….in Occupied East Jerusalem and the rest of the Occupied Palestinian Territory, especially settlement activities…remain contrary to international law and cannot be recognized, irrespective of the passage of time[v]”; and, WHEREAS: these violations of human rights and international law have been recognized and resulted in the condemnation of the state of Israel by the international community in the UN Security Council, Human Rights Council Fact-Finding mission in Gaza, and the above mentioned governmental bodies and organizations, which consequently resulted in dozens of resolutions, condemning Israel’s treatment of Palestinians; and, WHEREAS: our university invests in companies which have an active role in the human rights abuses against the Palestinian people; thereby making it a complicit third-party; and, WHEREAS: Motorola has manufactured and provided MotoEagle Surveillance, a system installed in 20-27 Israeli settlements in the occupied West Bank, that include radars and cameras to detect human movement outside the settlements and is used on the Separation Wall complex[vi]; and, WHEREAS: the MotoEagle Surveillance system has been used to restrict the movement of Palestinians and used in the illegal occupation of Palestinian Territories; and, WHEREAS: Caterpillar manufactures and provides bulldozers and civil engineering tools to expand illegal settlements and the construction of the Wall and checkpoints, and the D9 bulldozer is used for the systematic and ongoing destruction of Palestinian houses, neighborhoods, and agriculture[vii]; and, WHEREAS: General Electric is an American manufacturer of engines for military vehicles and the company produces the TT700-701 engines for the Boeing A64 Apache helicopter; and, WHEREAS: These Boeing A64 Apache helicopters are extensively used by the Israeli military in attacks against Palestinian civilians in both the West Bank and Gaza[viii]; and, WHEREAS: Amnesty International and Human Rights Watch have called for Boeing to suspend their sales of the Apache AH-64 helicopters that have been used to attack residential areas of Al-Khalil and invade the refugee camps of Deheishe and Aida; and, WHEREAS: Hewlett Packard Company has supported the restricted freedom of movement, as cited in the Universal Declaration on Human Rights, through providing biometric identification systems used in the Israeli military checkpoints; and, WHEREAS: Hewlett-Packard Company has provided services and technologies to the Israeli army, among which is the administration of the Israeli navy’s IT infrastructure[ix]; and, WHEREAS: The Israeli navy has enforced a naval blockade on the Gaza Strip since 2007; and, WHEREAS: Raytheon is the largest producer of missile weapons in the world, and sells small and large guided missiles to Israel, including: AGM 65 Maverick, AIM 7 Sparrow, AIM 9 Sidewinder, and AIM 120B ARAAM[x]; and, WHEREAS: These missiles have been used in the attacks in Lebanon (2006) and Gaza (December 2008-2009); and, WHEREAS: During Israel’s attack on Gaza from December 2008 to January 2009 some 1,400 Palestinians were killed, the majority civilians. 308 of those killed were under the age of 18. More than 5000 were wounded, 3,540 housing units were completely destroyed and more than 20,000 were left homeless, and damage to infrastructure amounted to an estimated $10 million; and, WHEREAS: In June 2005 the Advisory Council on Ethics for the Norwegian Government Petroleum Fund recommended “to exclude Raytheon from investment because of Raytheon’s involvement in the production of cluster bomb munitions and missiles[xi]”; and, WHEREAS: Northrop Grumman is an American designer, systems integrator, and manufacturer of military aircraft, defense electronics, precision weapons, and commercial and military aerostructures and, specifically, produces radar and Apache Longbow systems for the Israeli military[xii]; and, WHEREAS: The Obama administration has blocked the sale of Apache helicopter Longbow systems to the Israeli military after the 2008 attack on Gaza due to the systems Hellfire missiles, which have proved to be especially lethal to civilians due to its maneuverability in urban areas[xiii][xiv]; and, WHEREAS: the most recent UC Annual Endowment Report shows University of California, Santa Barbara holding in Caterpillar, General Electric, Northrop Grumman, Hewlett Packard, and Raytheon, whose military technology is used by the Israeli Defense Forces to maintain Israel’s military occupation and siege of the Palestinian territories[xv]; and, WHEREAS: many of these companies, such as Motorola, have been previously engaged by various solidarity campaigns and concerned investors about their complicit involvement in the previously mentioned human rights violations against Palestinians, to no avail; and, WHEREAS: the University of California Student Association (UCSA), a body that represents all UC student governments, passed a resolution “recognizing the legitimacy of boycotts and divestments as important social movement tools, and encouraged all institutions of higher learning to cleanse their investments portfolios of investment companies, supporting or profiting from violations of international human rights law, as unethical, without making special exemptions for any one country[xvi]”; and, WHEREAS: our investments are not fostering the “well-being of our state, nation, and world”; and, WHEREAS: the current investments demonstrate complicity in the occupation of Palestinian Territories without consent of the student body; therefore, THEREFORE LET IT BE RESOLVED THAT THE ASSOCIATED STUDENTS IN THE SENATE ASSEMBLED: that ASUCSB will examine its assets and UC assets for investments in companies that a) provide military support for, or weaponry to support, the occupation of the Palestinian Territories, or b) facilitate the building or maintenance of the Separation Wall or the demolition of Palestinian homes, or c) facilitate in the building, maintenance, or economic development of Israeli settlements on annexed Palestinian territories; and, LET IT FURTHER BE RESOLVED that we direct the UCSB Associated Students Investment Advisory Committee to divest all investments in Hewlett Packard, determined by fund fiduciaries, within their discretion; and, LET IT FURTHER BE RESOLVED that we direct our university, the University of California Treasury, the UC Regents, and the UCSB Foundation to divest their holding from each of these aforementioned companies, as determined by fund fiduciaries, within their discretion; and, LET IT FURTHER BE RESOLVED that we, the students, direct the UCSB Foundation to explore its investments and to invest in socially responsible corporations, with the goal of restricting the use of companies that profit from human rights violations; and, LET IT FURTHER BE RESOLVED that we demand more transparency in UC investments and accountability in investment practices, through the involvement of students in the UCSB Foundation; and, LET IT FINALLY BE RESOLVED that we, the students, call upon our university to dissociate itself from companies that promote systematic discrimination, inequality, and human rights violations, where this system targets people based on religion, gender, race, or orientation, by divesting from companies that participate in or profit from human rights violations. [i] http://www.ucsb.edu/campus/mission.shtml [ii] http://thebottomline.as.ucsb.edu/2013/03/fossil-fuel-divestment-resolution-passed [iii] http://www.thespec.com/news-story/2164676-at-64-israel-celebrates-but-with-fewerfriends-than-before/ [iv] http://www.david-morrison.org.uk/palestine/wall-illegal-adop-sum.htm [v] http://www.un.org/en/documents/udhr/index.shtml#a13 [vi] http://unispal.un.org/UNISPAL.NSF/0/E29F7195C53CDDA905256729005035E4 [vii] http://www.whoprofits.org/company/motorola-solutions [viii] http://www.investmentscreen.org/company-detail/3 [ ix] http://www.worldpolicy.org/projects/arms/reports/israel050602.html. [x] http://www.whoprofits.org/company/hewlett-packard-hp [xi] http://www.mediamonitors.net/joshruebner3.html [xii] http://www.mediamonitors.net/joshruebner3.html. [xiii] http://www.investmentscreen.org/company-detail/175 [xiv] http://www.worldtribune.com/worldtribune/WTARC/2009/ss_israel0424_05_27 [xv] http://www.ucop.edu/treasurer/_files/invpol/GEP_Holdings_12-31-11.pdf [xvi] http://www.ucop.edu/treasurer/_files/invpol/UCRP_Holdings_12-31-11.pd [xvii] http://ucsa.org/document/view/236 http://www.haaretz.com/news/national/israel-admits-ethiopian-women-were-given-birthcontrol-shots.premium-1.496519 CC: Marisela Marquez [email protected] Angela Lau [email protected]