Engaging in strategic litigation to end impunity of private and public actors who facilitate Israel’s violations of Palestinian human rights.
At the request of campaigners concerned by the participation of companies involved in Israel’s illegal settlements and human rights abuses in EU public procurement procedures, we conducted research into the legal grounds for such companies exclusion from public tendering under applicable EU Law on Public Procurement.
Our research concluded that it would be lawful for a public contractor to exclude an economic operator from a tender if they are involved in economic activities that directly maintain and facilitate grave humanitarian and human rights abuses, because this amounts to “grave professional misconduct”, under EU law.
The increase of the settlement enterprise in the occupied Palestinian territory (oPt) is in direct connection with highly discriminatory practices leading to grave violations of Palestinians fundamental rights such as land and resources annexation, demolitions and seizures of properties, forced evictions and transfer of civilian population, restriction of freedom of movement or settler violence.
The substantial contribution of businesses in maintaining this situation of illegality is confirmed by the publication in February 2020 of the UN Database of businesses that directly and indirectly enable, facilitate and profit from the construction and growth of Israeli settlements in the oPt.
We do advocacy at a local, national and European level, aiming to generating national practices in the field of procurement that takes into account the respect for human rights by suppliers.
Our research focuses on the situation in relation to illegal settlements in the oPt. However, the principles, law and policy explored have equal applicability to other situations of unlawful occupations or armed conflict in the world.