Canadian Sanctions on Israeli Occupation

Préambule

WHEREAS Article 49 of the 4th Geneva Convention (12 August, 1949) prohibits an occupying power from transferring parts of its own civilian population to territory it occupies, and from forcibly transferring members of the occupied population into its own territory (both of these acts constituting “grave breaches” of the Convention);

WHEREAS Global Affairs Canada states that “The Fourth Geneva Convention applies in the occupied territories and establishes Israel's obligations as an occupying power” (http://www.international.gc.ca/name-anmo/peace_process-processus_paix/ca...);

WHEREAS Articles 1 and 2 of the 4th Geneva Convention state that “High Contracting Parties undertake to respect and to ensure respect for the present Convention in all its circumstances,” and “shall remain bound by it in their mutual relations,”;

WHEREAS Canada has been a Party to the first four Geneva Conventions since 1965;

WHEREAS the International Court of Justice has ruled that Israel’s settlements in the Occupied Palestinian Territories (OPT) violate international law;

WHEREAS the Canadian government “does not recognize permanent Israeli control over territories occupied in 1967 (the Golan Heights, the West Bank, East Jerusalem and the Gaza Strip)” (http://www.international.gc.ca/name-anmo/peace_process-processus_paix/ca...);

WHEREAS the Canadian government recognizes that Israeli settlements in the OPT “constitute a serious obstacle to achieving a comprehensive, just and lasting peace”
(http://www.international.gc.ca/name-anmo/peace_process-processus_paix/ca...);

WHEREAS seventeen EU countries have issued warnings to their nationals that individuals or companies who do business with illegal Israeli settlements could face legal, financial and reputational risks
(https://www.middleeastmonitor.com/20140704-17-eu-countries-warn-against-...);

WHEREAS in spite of the above, the Canadian government maintains a close relationship with Israel, under the terms of the 2008 Canada-Israel Public Security Agreement, Canada-Israel Free Trade Agreement and 2014 Canada-Israel Strategic Partnership;

WHEREAS GP14-P22 declares that the GPC “fully condemn [sic] all illegal Israeli settlement expansions in the [OPT] as undeniable obstacles to the Israel – Palestine peace-process,”;

WHEREAS Israel has continued, since the adoption of G14-P22, to expand it's settlements and to demolish Palestinian homes and other infrastructure in the OPT;

WHEREAS it is within the scope of action of elected governments and political parties to impose sanctions and related economic measures in support of human rights and global peace and security objectives.

Dispositif

BE IT RESOLVED that the Green Party of Canada hereby acknowledges the legitimacy of the international Boycott, Divestment & Sanctions (BDS) movement, and affirms its belief that Canadians have the right to endorse, support or engage in BDS-related activities without censure or sanction;

BE IT FURTHER RESOLVED that the Green Party of Canada shall advocate the following measures in the House of Commons, and calls upon the Canadian government to:

a. Ban the importation into Canada of products produced – in whole or part – within or by Israeli settlements beyond the 1949 Armistice Line (Green Line), outside of Israel’s internationally recognized borders, or by Israeli businesses operating in the Occupied Palestinian Territories (OPT), or in cooperation with Israel’s occupation;
b. Revise the Canada-Israel Free Trade Agreement (CIFTA) in such ways and clauses as to explicitly exclude from the agreement products produced wholly or in part within or by illegal Israeli settlements, or by Israeli businesses operating within the OPT; AND strengthen CIFTA compliance/audit provisions in such ways and clauses as to ensure that imported products labeled “Made in Israel” are actually produced, entirely and exclusively, within Israel’s internationally recognized borders;
c. Suspend all military/security technology development, trade and cooperation arrangements with Israel until such time as Israel’s occupation has ceased;
d. Develop/publish a publicly-accessible database of Canadian corporations and other private Canadian entities currently investing in, doing business with or otherwise supporting Israel’s illegal occupation of lands beyond the Green Line;
e. Issue an advisory to the above Canadian corporations and private Canadian entities that their support for Israel’s illegal occupation exposes themselves to potential future legal action;
f. Repeal the House of Commons resolution condemning the BDS movement (Vote # 14, 42nd Parliament, 1st Session; 22 February, 2016.

Contexte

This resolution seeks to bring current GPC policy on the international BDS movement in line with what political parties and elected governments actually do – in this case, impose sanctions.

This resolution also moves GPC policy into the realm of the concrete and actionable, versus simply declamatory.

Code

S16-P006

Type de résolution

Politique

Auteur

David Kattenburg

Préambule

WHEREAS Article 49 of the 4th Geneva Convention (12 August, 1949) prohibits an occupying power from transferring parts of its own civilian population to territory it occupies, and from forcibly transferring members of the occupied population into its own territory (both of these acts constituting “grave breaches” of the Convention);

WHEREAS Global Affairs Canada states that “The Fourth Geneva Convention applies in the occupied territories and establishes Israel's obligations as an occupying power” (http://www.international.gc.ca/name-anmo/peace_process-processus_paix/ca...);

WHEREAS Articles 1 and 2 of the 4th Geneva Convention state that “High Contracting Parties undertake to respect and to ensure respect for the present Convention in all its circumstances,” and “shall remain bound by it in their mutual relations,”;

WHEREAS Canada has been a Party to the first four Geneva Conventions since 1965;

WHEREAS the International Court of Justice has ruled that Israel’s settlements in the Occupied Palestinian Territories (OPT) violate international law;

WHEREAS the Canadian government “does not recognize permanent Israeli control over territories occupied in 1967 (the Golan Heights, the West Bank, East Jerusalem and the Gaza Strip)” (http://www.international.gc.ca/name-anmo/peace_process-processus_paix/ca...);

WHEREAS the Canadian government recognizes that Israeli settlements in the OPT “constitute a serious obstacle to achieving a comprehensive, just and lasting peace”
(http://www.international.gc.ca/name-anmo/peace_process-processus_paix/ca...);

WHEREAS seventeen EU countries have issued warnings to their nationals that individuals or companies who do business with illegal Israeli settlements could face legal, financial and reputational risks
(https://www.middleeastmonitor.com/20140704-17-eu-countries-warn-against-...);

WHEREAS in spite of the above, the Canadian government maintains a close relationship with Israel, under the terms of the 2008 Canada-Israel Public Security Agreement, Canada-Israel Free Trade Agreement and 2014 Canada-Israel Strategic Partnership;

WHEREAS GP14-P22 declares that the GPC “fully condemn [sic] all illegal Israeli settlement expansions in the [OPT] as undeniable obstacles to the Israel – Palestine peace-process,”;

WHEREAS Israel has continued, since the adoption of G14-P22, to expand it's settlements and to demolish Palestinian homes and other infrastructure in the OPT;

WHEREAS it is within the scope of action of elected governments and political parties to impose sanctions and related economic measures in support of human rights and global peace and security objectives.

Dispositif

BE IT RESOLVED that the Green Party of Canada hereby acknowledges the legitimacy of the international Boycott, Divestment & Sanctions (BDS) movement, and affirms its belief that Canadians have the right to endorse, support or engage in BDS-related activities without censure or sanction;

BE IT FURTHER RESOLVED that the Green Party of Canada shall advocate the following measures in the House of Commons, and calls upon the Canadian government to:

a. Ban the importation into Canada of products produced – in whole or part – within or by Israeli settlements beyond the 1949 Armistice Line (Green Line), outside of Israel’s internationally recognized borders, or by Israeli businesses operating in the Occupied Palestinian Territories (OPT), or in cooperation with Israel’s occupation;
b. Revise the Canada-Israel Free Trade Agreement (CIFTA) in such ways and clauses as to explicitly exclude from the agreement products produced wholly or in part within or by illegal Israeli settlements, or by Israeli businesses operating within the OPT; AND strengthen CIFTA compliance/audit provisions in such ways and clauses as to ensure that imported products labeled “Made in Israel” are actually produced, entirely and exclusively, within Israel’s internationally recognized borders;
c. Suspend all military/security technology development, trade and cooperation arrangements with Israel until such time as Israel’s occupation has ceased;
d. Develop/publish a publicly-accessible database of Canadian corporations and other private Canadian entities currently investing in, doing business with or otherwise supporting Israel’s illegal occupation of lands beyond the Green Line;
e. Issue an advisory to the above Canadian corporations and private Canadian entities that their support for Israel’s illegal occupation exposes themselves to potential future legal action;
f. Repeal the House of Commons resolution condemning the BDS movement (Vote # 14, 42nd Parliament, 1st Session; 22 February, 2016.

Contexte

This resolution seeks to bring current GPC policy on the international BDS movement in line with what political parties and elected governments actually do – in this case, impose sanctions.

This resolution also moves GPC policy into the realm of the concrete and actionable, versus simply declamatory.