ASUC San Diego one sided resolution seeks divestment from and refers to Israel as “the occupying force”

Resolution in Support of Peace and Neutrality through UC Divestment from U.S. Corporations Profiting from Occupation

A.S. Council Order of Business #30

Vote to take place Wednesday, April 28, 201o

Contacts:

aspresident@uscd.edu

chancellor@ucsd.edu

president@ucop.edu

1. WHEREAS, the Associated Students of the University of California, San Diego
(ASUCSD) is an institution dedicated to promoting peace in all aspects of student
experiences; and
2. WHEREAS, the Principles of Community of the University of California, San Diego
(UCSD) state that UCSD “is dedicated to learning, teaching, and serving society
through education, research, and public service;” and
3. WHEREAS, the University of California (UC) has already made significant efforts
towards ethical and peaceful investments by divesting from tobacco companies,
companies contributing to the Darfur conflict in Sudan, and companies contributing
to the apartheid system in South Africa; and
4. WHEREAS, on 13 January 2010 the ASUCSD passed a “Resolution in Support of the
Victims of the 12 January 2010 Earthquake in Port-au-Prince, Haiti” stating that the
ASUCSD “as global citizens are obliged to play a role in concurrent world events”;
and
5. WHEREAS, on 6 May 2009 the ASUCSD passed a “Resolution in Support of UC-Wide
Corporate Social Responsibility Practices” urging the UC to “significantly limit asset
allocations to non-socially responsible corporations”; and
6. WHEREAS, UCSD student fees contribute financially to United States corporations
(see clause 11, 12, 13) that support military occupation; and
7. WHEREAS, the ASUCSD notes the complexity of international relations in all cases,
including the Middle East, and recognizes the inability of a body such as the ASUCSD
Council to adjudicate matters of international law and human rights law, or to take
sides on final status issues on wars and occupations throughout the world; the
ASUCSD does, however, note its own ability to abstain from investing in corporations
that are furthering international conflicts and violations of human rights; and
8. WHEREAS, the following findings from the United Nations and other leading human
rights organizations regarding the conflict in the Palestinian Territories (West Bank,
East Jerusalem, and the Gaza Strip) provide the context for an ASUCSD divestment
effort; and
9. WHEREAS, prior and subsequent to the 2008-2009 Gaza bombing, the occupying
force has engaged in collective punishment of the Palestinian population, in the view
of the human rights community,1 exemplified by the ongoing 32 month blockade on
Gaza, of which the regional branch of Physicians for Human Rights has written, “the
prolonged siege imposed… on Gaza, the closing of its borders, the tightening of
policies regarding permission to exit Gaza for medical purposes, and the severe
shortage of medications and other medical supplies, all severely damage the
Palestinian health system and endanger the lives and health of thousands of
Palestinian patients,”2 and of which the Red Cross has said, “the whole strip is being
strangled, economically speaking”, making life in Gaza “a nightmare” for the civilian
population, with essential supplies, including electricity, water, and fuel, being denied
to the 1.5 million inhabitants, 90% of whom depend on aid to survive;3 and
10. WHEREAS, within the occupied West Bank (including East Jerusalem), the occupying
force continues a policy of settlement expansion that, according to the United
Nations Security Council, Human Rights Watch, and the International Committee of
the Red Cross, constitutes a direct violation of Article 49, paragraph six of the Fourth
Geneva Convention which declares that “an occupying power shall not deport or
transfer parts of its own civilian population into territories it occupies.”4 and
according to United Nations Security Council Resolution 446 “determines that the
policy and practices of [the occupying power] in establishing settlements in the
Palestinian and other Arab territories occupied since 1967 have no legal validity and
constitute a serious obstruction to achieving a comprehensive, just and lasting peace
in the Middle East”5; and
11. WHEREAS, according to the most recent UC investment report6, within the UC
Retirement Program fund and the General Endowment Program fund, there exist
direct investments in United States companies that materially support the occupation
of the Palestinian territories, specifically the U.S. corporations General Electric and
United Technologies; and
12. WHEREAS, General Electric holds engineering support and testing service contracts
with the occupying military and supplies the propulsion system for the Apache
Assault Helicopter fleets which, as documented by Amnesty International and Human
Rights Watch, have been used in attacks on Palestinian civilians, including the four
January 2009 killings of Palestinian medical aid workers7; and
13. WHEREAS, according to Amnesty International, United Technologies supplies the
occupying force with Blackhawk helicopters, F-15, and F-16 aircraft engines, which
have been used in the bombing of the American School in Gaza, the killing of
Palestinian civilians, and the destruction of hundreds of Palestinian homes;8
1. THEREFORE BE IT RESOLVED, that the ASUCSD will ensure that its assets, and will
advocate that the UC assets, do not include holdings in General Electric and United
Technologies because of their non-neutral financial stance in the occupation of
Palestinian territories, nor does this delegitmize any country and their right of any
peoples to be living in the region; be it further
2. RESOLVED, that the ASUCSD will further examine its assets and UC assets for funds
being invested 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 illegal wall or the demolition of Palestinian homes[], or c)
facilitate the building, maintenance, or economic development of illegal settlements
on occupied Palestinian territories; be it further
3. RESOLVED, that the ASUCSD will not invest, and will advocate that the UC divests,
all stocks, securities, or other obligations from such sources with the goal of
maintaining the divestment, in the case of said companies, until they cease such
practices. Moreover, the ASUCSD will not make further investments, and will
advocate that the UC not make further investments, in any United States companies
materially supporting or profiting from occupation and human rights violations in the
above mentioned ways; be it further
4. RESOLVED, that this ASUCSD resolution takes a neutral stance in the conflict, and
also stands as a principled expression of ethical and peaceful investment practices
supporting universal human rights and equality;
5. BE IT FINALLY RESOLVED, that the ASUCSD will recommend additional divestment
policies to keep UC investments out of companies profiting from human rights
violations throughout the world in other places as determined by the resolutions of
the United Nations and other leading international human rights organizations.
[1] United Nations “Press Release on Presentation to the Human Rights Council” by the Fact Finding Mission to Gaza” –
http://www2.ohchr.org/english/bodies/hrcouncil/specialsession/9/FactFindingMission.htm
[2] United Nations “Media Summary of Report” of Fact Finding Mission to Gaza –
http://www2.ohchr.org/english/bodies/hrcouncil/specialsession/9/FactFindingMission.htm
[3] Amnesty International: Israeli Military Action is Collective Punishment –
http://www.amnesty.org/en/report/info/MDE15/045/2002
*United Nations press release –
http://www.unhchr.ch/huricane/huricane.nsf/0/183ED1610B2BCB80C125751A002B06B2?opendocument
[4] Physicians for Human Rights; http://www.phr.org.il/phr/article.asp?articleid=506&catid=55&pcat=45&lang=ENG
[5] UN Security Council resolution 446 http://daccess-ddsny.
un.org/doc/RESOLUTION/GEN/NR0/370/60/IMG/NR037060.pdf?OpenElement
[6] UN resolution 194 – http://www.un.org/documents/ga/res/3/ares3.htm
[7] Human Rights Watch “Israel’s Settlements Are on Shaky Ground” – http://www.hrw.org/en/news/2009/06/28/israelssettlements-
are-shaky-ground
*International Committee of the Red Cross –
http://www.icrc.org/ihl.nsf/c525816bde96b7fd41256739003e636a/77068f12b8857c4dc12563cd0051bdb0
[8] International Court of Justice – http://www.icjcij.
org/docket/index.php?pr=71&code=mwp&p1=3&p2=4&p3=6&case=131&k=5a

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