Friends,
As the settlements continue
to grow, in violation to international law, we must stop this pro-apartheid
legislation.
Kagiso,
Max
Baltimore
Jewish Times
Maryland
Legislators Will Introduce Anti-BDS Bill
JANUARY 18, 2017
BY JUSTIN SILBERMAN
BY JUSTIN SILBERMAN
Maryland
lawmakers and Jewish advocacy groups are in the process of putting the final
touches on a bill that would ban companies that support the boycott, divestment
and sanctions (BDS) movement against Israel from doing business with the state.
The
bill, which is expected to be introduced in the next few weeks, would prevent
the Maryland State Retirement and Pension System from investing in any
companies that participate in the BDS movement and also prohibits companies
that support BDS from securing state procurement contracts. The bill would
amend the 2008 Divestiture from Iran and Sudan Act, which prevented companies
that do business with Iran and Sudan from doing business with the state, to
include these measures.
Lawmakers
are working with the Baltimore Jewish Council and Jewish Community Relations
Council of Greater Washington (JCRC) on the legislation.
Sen.
Bobby Zirkin (D-District 11), the bill’s lead sponsor in the Senate, said the
push to get Maryland on the record against BDS is part of an effort for the
state to stand in solidarity with Israel.
“I
just want to ensure that this ridiculous messenger movement against Israel
never sees the light of day in our state,” Zirkin said.
The
bill will use language similar to that of U.S. Sen. Ben Cardin’s anti-BDS bill,
which defined BDS as “actions … intended to penalize or otherwise limit
commercial relations” with Israel, said Sarah Mersky, director of government
relations at the BJC.
This
past September, in response to a request from Dels. Sandy Rosenberg (D-District
41) and Shelly Hettleman (D-District 11), a Maryland State Retirement and
Pension System staff review found two companies, Denmark-based Danske Bank and
Nordea Bank, would potentially be banned from participating in ongoing
services. Danske Bank is the only one of those two companies held directly
within the pension system with less than $3.5 million, or 0.08 percent, of the
market value of the system’s $46-plus million in assets.
In
addition to identifying companies that support the BDS movement, the state’s
pension system is also evaluating the risk to the system’s beneficiaries and
how to address that issue.
On
its surface, many feel the goal of the BDS movement is to delegitimize Israel
and end the Jewish state.
As a
result, Rosenberg said it is critical for Maryland to have a firm approach when
it comes to combatting companies tied to BDS.
“In
a state like Maryland, where we have an ongoing relationship with Israel
economically and culturally, it’s important to send a message to businesses saying
that if they support BDS, they can’t do business here,” Rosenberg said.
Maryland,
which has one of the largest Jewish populations in the United States, was
Israel’s 43rd-largest trading partner in 2015 with $145.1 million in product
exports, according to Republican Gov. Larry Hogan’s office.
Del.
Benjamin Kramer, a Democrat who represents District 19 in Montgomery County and
is the bill’s lead sponsor in the House of Delegates, said he is confident the
legislation can pass because of Maryland’s longstanding cultural and economic
relationship with Israel.
“It
would be ludicrous to have an entity receiving state tax dollars that would
seek to undermine a declaration of cooperation that we have with Israel,”
Kramer said, referring to the 1988 Maryland-Israel Exchange. “So I think we
have a very valid reason to ensure that Maryland’s best interests with Israel
are protected and that we don’t allow our decades-long efforts with Israel to
be undermined.”
Three
years ago, Kramer and Baltimore City Sen. Joan Carter Conway (D-District 43)
introduced a bill in the House and Senate that would have reduced state aid to
universities that fund organizations that support BDS. Those bills were tied to
the American Studies Association’s boycott of Israel and pitted those in favor
of academic freedom against the anti-BDS crowd.
But
those bills were amended, removing the threat of financial sanctions.
Instead,
Kramer was able to successfully get language passed in the state budget that
condemned BDS, making Maryland the first state to pass such a resolution.
Now,
Kramer believes this precedent in part has laid the foundation to incorporate
similar measures into state law on a larger scale.
“I
would not be introducing this legislation if I did not feel that it’s
meritorious,” Kramer said. “All I can say is that I’m hopeful, and that I’m
working hard and putting forth my best effort to get this passed.”
Meredith
Weisel, director of Maryland government and community relations at the JCRC,
said all parties are in agreement with the current proposal and that she
expects no amendments to be added.
“We
feel the structure of the bill is one of the best models anywhere and that it
benefits the state of Maryland,” Weisel said. “Everybody is on board with it,
and we feel we will be able to generate enough support for this bill.”
Opponents
of the anti-BDS effort, however, argue that such bills violate free speech.
“As
long as our government sanctions foreign governments for engaging in behavior
that we decide we do not like for some reason, the residents of this country
have a right to organize and press the government to sanction particular
countries and conduct that they find troubling,” American Civil Liberties
Union of Maryland spokeswoman Meredith Curtis Goode said via email. “Those who
oppose such sanctions have an equal right to express their opposition. But neither
side has a right to muzzle the other, or to prevent their view from being
expressed or acted on.”
During
last year’s session, the BJC and JCRC had discussed pursuing similar anti-BDS
legislation before ultimately deciding to put those plans on hold. At the time,
BJC officials said, they didn’t feel the BDS movement garnered enough attention
to pursue legislation.
BJC
executive director Howard Libit said the timing now couldn’t be better,
especially with Hogan having just completed a fruitful weeklong trade mission
to Israel in late September.
Libit
said while he doesn’t give predictions on pending legislation, he said “there
is a strong case that the legislature will be supportive” of the bill.
“I
don’t want to sound overconfident, but I believe the state’s strong record of
support [of Israel] will demonstrate to lawmakers the importance of passing
this legislation,” Libit said.
Anti-BDS
resolutions have already been passed in 17 states, including Pennsylvania and
Virginia.
Del.
Dana Stein (D-District 11) said the decision for Maryland to move forward in
its continued backing of Israel has “both symbolic and practical impacts.”
“I’m
very happy to hear that this is going to be moving forward this session,” Stein
said. “The BDS movement is pernicious in its attempt to delegitimize Israel and
making the false claim that Israel is an apartheid state.”
Donations can be sent
to the Baltimore Nonviolence Center, 325 E. 25th St., Baltimore, MD
21218. Ph: 410-323-1607; Email: mobuszewski [at] verizon.net. Go to http://baltimorenonviolencecenter.blogspot.com/
"The master class
has always declared the wars; the subject class has always fought the battles.
The master class has had all to gain and nothing to lose, while the subject
class has had nothing to gain and everything to lose--especially their
lives." Eugene Victor Debs
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