Landmark Ruling Strikes Down Ban of Israel Boycott

Arsalan Bukhari, Informed Comment, 04/26/2019

WASHINGTON, D.C. (CAIR News Release) – The Council on American-Islamic Relations (CAIR), the nation’s largest Muslim civil rights and advocacy organization, today welcomed this afternoon’s landmark victory in CAIR’s First Amendment lawsuit on behalf of Bahia Amawi, the Texas speech language pathologist who lost her job because she refused to sign a “No Boycott of Israel” clause.

The CAIR Legal Defense Fund filed the lawsuit in December 2018 challenging Texas Anti-BDS Act, H.B. 89. CAIR actively challenges similar measures around the country, including in Arizona and Maryland.

SEE: CAIR Files Motion to Enjoin Texas Anti-BDS Act as Unconstitutional

This afternoon Judge Pitman of the Western District of Texas issued a 56-page opinion striking down H.B. 89, the Texas Anti-BDS Act, as facially unconstitutional.

READ: The Judge’s Opinion

The Court held that the Texas Anti-BDS Act “threatens to suppress unpopular ideas” and “manipulate the public debate” on Israel and Palestine “through coercion rather than persuasion.” The Court concluded: “This the First Amendment does not allow.”

Every single “No Boycott of Israel” clause in every single state contract in Texas has today been stricken as unconstitutional. The Attorney General of Texas is no longer permitted to include or enforce “No Boycott of Israel” clauses in any state contract.

Bahia Amawi can also now return to work as a speech language pathologist. Amawi received the news of her victory while driving, and pulled over to the side of the road to shed tears of joy. “God is great,” she exclaimed.

“Arabic-speaking schoolchildren in Texas have been deprived of critical services from Bahia Amawi for almost this entire schoolyear because of this unconstitutional law,” said CAIR National Litigation Director Lena Masri. “Today we welcome a victory for the First Amendment.”

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The five injured Abu Jazar brothers of the Gaza protests


The injured Abu Jazar brothers, with their father and mother in Gaza. Photo By Mohammed Asad

Ahmad Kabariti, Mondoweiss, April 20, 2019

In a dim room in a two-story building in al-Shaboora, Rafah, the poorest refugee camp in the southern Gaza strip, five brothers of the Abu Jazar family recall the details and pains of their multiple injuries by Israeli fire during 55 weeks of the Great March of Return protest.

Despite injuries, the brothers all planned to participate in yesterday’s 56th protest.

Ibrahim Abu Jazar. Photo by Mohammed Asad.

Ibrahim, 30, is determined to walk again. He has wounds in his right leg from live gunfire from Israeli snipers on March 30. The father of two children, he was injured while calling out loudly to protesters to move close to the fence that separates Gaza from Israel. He now considers himself “powerless” since he cannot operate his grocery and was unable to borrow a wheelchair from a double amputee neighbor, because that neighbor also plans to protest this Friday.

Faraj, 28 and the father of a daughter, sees himself as lucky, since he can easily move to the protest despite being injured three times: once when a tear gas canister hit his hand last May, again when a rubber-coated metal bullet struck his thigh last October, and more recently when a bullet struck his upper arm, which is now fitted with a metal frame called a fixator.

“Despite my young age, Israel’s 12-year blockade and nothing positive whatsoever going on are enough to push young people to protest. We have not seen a single delightful day in our lives,” Faraj told Mondoweiss.

Faraj (l) and Ashraf Abu Jazar. Photo by Mohammed Asad.

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Israeli Authorities Arrest Patient’s Husband While Returning to Gaza Strip

Palestinian Center for Human Rights, Ref: 64/2019, April 24, 2019

The Palestinian Center for Human Rights (PCHR) strongly condemns that the Israeli authorities stationed at Beit Hanoun “Erez” Crossing arrested a patient’s companion, from the Gaza Strip, while returning to the Gaza Strip.

According to PCHR’s investigations, at approximately 12:00 on Tuesday, 23 April 2019, the Israeli authorities arrested Karam Mustafa Mohammed Tantawi (51), from al-Qal’a buildings, south of Khan Younis. Karam, who was accompanying his wife Safa’ ‘Abed al-Majeed Tantawi (47), a cancer patient, was arrested while returning to the Gaza Strip after his wife received treatment at al-Makassed Hospital in Jerusalem.

Safa’ said to PCHR’s fieldworker that on 01 April 2019, she left the Gaza Strip along with her husband to al-Makassed Hospital in Jerusalem through Beit Hanoun “Erez” Crossing. She added that she received treatment for 20 days and while she was returning to the Gaza Strip along with her husband, the Israeli authorities arrested him. She clarified that after around 15 minutes, Israeli soldiers ordered her to leave alone to the Gaza Strip, but she refused and waited until 18:00. After that, the Palestinian Civil Liaison informed her that she should return to the Gaza Strip because her husband was arrested.

It should be noted that the PCHR’s lawyer, in his capacity as the legal guardian for al-Tantawi, was prevented today from visiting him in al- Majdal Prison. The court extended his arrest until next Tuesday, 30 April 2019.

PCHR stresses that the ongoing Israeli forces policy of arresting patients and their companions is considered as violation of the international human rights law and the international humanitarian law. It also constitutes a form of inhuman and degrading punishment, which coincides with the policy of tightening the illegal closure imposed on the Gaza Strip. This aggravates the patients’ suffering as their treatment is not available in the Gaza Strip hospitals.

In light of the above, PCHR:

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500 Palestinian families in Jerusalem are about to have their homes destroyed

Action is needed to protect them and tens of thousands more who risk losing their homes under Israel’s devastating home demolition policies.

Mike Merryman-Lotze, American Friends Service Committee, Apr 19, 2019

Israeli’s home demolition policy has led to the destruction of thousands of Palestinian homes (like this one in Hebron in the West Bank) and the forced displacement of thousands of Palestinians.

Tears streaming down her face, the little girl in front of me crawled over the ruins of her home looking for toys and school books that could be salvaged from among the rubble and destruction. The night before, the Israeli army had evacuated her family from their house, set explosives, and destroyed their home.

It was 2001, and it was the first time I witnessed the devastation wrought by Israel’s decades-old home demolition policy. During the nearly two decades since then, I’ve talked with hundreds of Palestinians who have been forced out of their homes by the Israeli government. Their stories are all unique, but the result of Israel’s home demolition policy is always the same – destruction and suffering within families and communities.

Just last week, the Israeli High Court ruled that the government can move forward with the demolition of 60 buildings in Jerusalem that are home to over 500 Palestinian families. Demolitions have already begun, and thousands of Palestinians will be left without homes if this move is not stopped.

The remains of homes demolished in Nablus in the West Bank. Photo: Mike Merryman-Lotze/AFSCThe remains of homes demolished in Nablus in the West Bank. Photo: Mike Merryman-Lotze/AFSC

The Israeli government justifies these demolitions by claiming that the homes in question were built illegally without permits from the city. But for decades, the city has refused to approve zoning plans for Palestinian areas of Jerusalem, making it impossible for Palestinian residents to obtain permits and leaving them no choice but to build without permission. According to the Israeli human rights organization B’Tselem, there are now over 20,000 housing units built without permits in East Jerusalem, all of which are at risk of demolition.

At the same time, the Jerusalem municipality is moving to retroactively approve construction carried out by the settler group Elad in the same neighborhood from which these 500 Palestinian families will soon be displaced.

This forced displacement will not just traumatize families, it will destroy a whole community. During the seven years I lived and worked in the West Bank, I saw this happen over and over – and I documented the harmful impacts. In 2008, I received an update from the U.N. Office for the Coordination of Humanitarian Affairs that a home was being demolished in East Jerusalem, near the office where I worked. I traveled to the scene of the demolition and saw devastated family members break down as they watched the walls of their home fall.

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April 23 – 25, 2019
War Over Peace: Israel in the eyes of a Critical Sociologist

Uri Ben-Eliezer, Sociology, University of Haifa

The Havens Center, Department of Sociology, University of Wisconsin-Madison

    “The Nation and War, Some Reflections from Israel’s History”
    Tuesday, April 23, 4pm, 6191 Helen C. White

    “The Making, Unmaking, Remaking of Israeli Militarism”
    Wednesday, April 24, 4pm, 6191 Helen C. White

    Open seminar for public, students, and faculty
    Thursday, April 25, 12:20pm, 8108 Social Science

    FREE & OPEN TO THE PUBLIC

URI BEN-ELIEZER is a political sociologist and chair of the department of sociology at the University of Haifa, Israel. His research interests include Israeli democracy, civil society, social movements, state-society relations, army-society relations, and peace and war. He has published numerous articles in such journals as Comparative Politics, Comparative Studies in Society and History, Comparative Political Studies, Theory and Society, Political Geography, Social Politics, Social Movement Studies, and Ethnic and Racial Studies. Ben-Eliezer is also the author of three books in English: The Making of Israeli Militarism (Indiana UP, 1998); Old Conflict, New War: Israel’s Politics Toward the Palestinians (Palgrave-Macmillan, 2012); and War over Peace: One Hundred Years of Israel’s Militaristic Nationalism (University of California Press, 2019 forthcoming).

The Director of Human Rights Watch in Israel Is Being Deported

Ilan Ben Zion, Time Magazine, April 17, 2019

(JERUSALEM) — An Israeli court on Tuesday upheld a deportation order against Human Rights Watch’s local director and gave him two weeks to leave the country.

The Jerusalem District Court rejected an appeal by Omar Shakir to remain in the country, saying that his activities against Israel’s West Bank settlements amount to a boycott of the country.

Israel enacted a law in 2017 barring entry to any foreigner who “knowingly issues a public call for boycotting Israel.” Tuesday’s ruling was the first time the law was applied to someone already residing in the country.

Shakir, a U.S. citizen, has worked as the New York-based group’s Israel and Palestine director since October 2016.

Israel’s interior minister ordered Shakir’s deportation in May 2018, calling him a “boycott activist.”

The court said that Shakir “continues his actions publicly to advance a boycott against Israel, but it’s not on the stages at conferences or in university panels, rather through disseminating his calls to advance boycott primarily through his Twitter account and by other means.”

It cited Shakir’s support on Twitter for AirBnb’s decision to remove postings from Israeli settlements in the West Bank as an example. AirBnb later backtracked on that decision.

Human Rights Watch said neither the organization nor Shakir promotes Israel boycotts, but has called for companies to cease operations in West Bank settlements because they “inherently benefit from and contribute to serious violations of international humanitarian law.”

Israel captured the West Bank, along with east Jerusalem and the Gaza Strip, in the 1967 Mideast war. Palestinians seek these territories for a future state. Most of the international community considers Israeli settlements in the West Bank illegal.

The court upheld the law applying to boycotts of “areas under (Israel’s) control,” namely the West Bank, not just of Israel proper.

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“You married a Palestinian. You cannot enter Israel”

Israel’s family reunion practices are gravely offensive

Palestine Update 234, April 12, 2019

This time; Palestine Updates brings you two powerful testimonies. The first is from Zoughbi Zoughbi, Director of Wi’am: The Palestinian Conflict Transformation Center. Wi’am is a grassroots civil society organization based in Bethlehem with a mission to promote peacebuilding and empower community members as agents of change. Zoughbi describes himself as a Palestinian, who believes that violence dehumanizes human beings. Therefore, through nonviolent struggle, he seeks to find the common ground in Judaism, Christianity, and Islam in the belief that human beings are created in the image of God.

In his testimony: ‘Encircling the sharp edges’ Zoughbi shares his sadness and disdain at the way his wife was refused permission to enter Israel when she flew back from the USA to join the family on the occasion of their son’s marriage. In a second testimony, Elaine, his wife, a US citizen also writes of her emotions and details of the encounter with an intensely callous and inconsiderate set of immigration officers who had just one reason to treat her as they did. Elaine had married a Palestinian. Zoughbi puts it poignantly when he writes: “The story of our family is but one of many similar stories, especially those Palestinians married to persons from other countries and from Palestinians who live in diaspora. My story has hit me hard. Families have the human right to be together; it is the basis of all human rights, whether someone marries tomorrow or is married 30 years from tomorrow”.

Please read these testimonies and disseminate them widely. They are profound and touching. It never ceases to amaze those of us from the outside how Palestinians remain resilient even in the harshest of circumstances and view their own adversity as reasons to fight for universal justice, not just their own.

You may wish to write a letter of solidarity to the family of Zoughbi (zoughbi at alaslah.org)

In solidarity,
Ranjan Solomon


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