The Palestine Solidarity Campaign (PSC) has won a crucial legal battle against UK Government attempts to stifle peaceful protest of Israel’s policies towards Palestine.
In September 2016, the Government Department for Communities and Local Government tried to derail divestment campaigns against companies implicit in Israel’s violations of international law and the UK defence industry.
The policy targeted pension holders who, regardless of their conscience or moral beliefs, would have been forced into investing in companies that are complicit in human rights abuses.
The scheme was implemented despite a public consultation where 98% of respondents stated that it was wrong.
However, the court ruling decreed that the UK Government had acted unlawfully in attempting to restrict local councils from pursuing the BDS against Israel through their pension schemes. The Court Judge, Sir Ross Cranston, permitted the judicial review on Thursday 22 June; clarifying that the Government had “acted for an improper purpose.”
“This outcome is a reminder to the Government that it cannot improperly interfere in the exercise of freedom of conscience and protest in order to pursue its own agenda,” said Jamie Potter, Partner in the Public Law and Human Rights team at Bindmans LL.
“Today is a victory for Palestine, for local democracy, and for the rule of law,” affirmed Hugh Lanning, Chair of the PSC, “Absolutely everyone has a right to peacefully protest Israel’s violation of Palestinian human rights. This ruling upholds the right of local councils and their pension funds to invest ethically without political interference from the government of the day.”
The director of PSC, Ben Jamal, referenced recent YouGov polling results that highlighted a shift in public opinion towards the Israel/Palestine conflict, “43% of the public think BDS is reasonable. We couldn’t be happier that this right has been upheld by the Court in the month the illegal occupation of Palestine turns fifty years old. PSC will take forward its campaign for justice for the Palestinian people with renewed vigour.”
The court stated that Government was wrong to use pension law to pursue its own foreign and defence policy. Those elements of the Guidance are now deemed “unlawful” and no longer apply.
The Boycott, Divestment and Sanctions (BDS) campaign aims to pressure Israel into abiding by international law. The BDS is similar to tactics used against South Africa to end apartheid.
PSC, War on Want, Campaign Against Arms Trade and the Quakers all supported the legal challenge with witness statements. The PSC was represented by Bindmans LLP, Nigel Giffin QC and Zac Sammour.
