This policy of “differentiation,” in Brussels jargon, reflects the European Union’s self-professed determination “to take any action to preserve the two-state solution on the ground” by making a distinction in its bilateral agreements with Israel between Green Line Israel and Palestinian territories. So far, the policy has yielded two sets of EU Guidelines, on Israeli participation to Horizon 2020 in July 2013 and on indication of origin of products, respectively EU labeling of settlement products, in November 2015.
Doves in Israel, and around the world, anticipated that the EU’s new policy would expose the allegedly pro-Palestinian grassroots movement for what it is, an umbrella of organizations and individuals that deliberately question the legitimacy of the State of Israel and that represent a hotbed for anti-Semitism.
There was hope that once there was a clear EU policy distinction between the State of Israel and its settlements in the territories, the voices calling for a boycott of Israel would change their tune and start lobbying Brussels to instead begin exerting its economic leverage to foster a vibrant Palestinian civil society and an accountable Palestinian political leadership.
Instead, the EU’s policy is becoming the thin end of the wedge that BDS activists use to access EU institutions, employing Trojan horse tactics that seek nothing less than a complete severance of economic, cultural, scientific ties with Israel.
High Representative Federica Mogherini has repeatedly reassured Prime Minister Netanyahu of “the EU’s opposition of boycotts against Israel”. And in all other bilateral forums, committees and subcommittees with Israel, EU officials are all singing from the same sheet: The policy of differentiation does not constitute a boycott of the State of Israel, but merely an implementation of existing EU legislation.
I could question the good will and intention of the EU diplomats, who selectively isolate one of the core issues of the conflict, as if it exists in a vacuum, or the zealous use of “existing EU legislation” for a still in progress European foreign policy. It is not the purpose of this piece, however.
I would like to draw attention to the fact that the line between diplomatic pressure put on the government of Israel on the issue of settlements and a fully-fledged boycott of the Israel is getting more and more blurred as BDS activists are offered shelter under the EU’s freedom of speech. Europe cannot afford itself to go down that path, regardless of the stalemate in the peace process.
There should be a matter of urgency ensuring that the newest mutation of anti-Semitism, as the United Kingdom’s former Chief Rabbi Jonathan Sacks rightfully calls it—the boycott movement—does not infiltrate EU legislation or European Parliament reports, now that the EU has set in place a policy that seeks to address the challenges the settlements bring to the peace process.
BDS leader Omar Barghouti is frequently invited to address members of the European Parliament, the Delegation for relations for Palestine (DPAL), and other forums, and offered the public space to openly call for the boycott of Israeli products, academic exchanges and other types of sanctions.
His crude tactic of trying to “make the occupation unbearable” comes at the cost of demonizing and entire population and infringing on their civil liberties by seeking their isolation in trade, cultural exchanges, academic cooperation and security.
Mirroring the institutions’ impulse for “a continued, full and effective implementation of EU legislation,” one cannot but wonder why does EU shy away from substantiating its rejection of BDS. This position has been articulated on multiple occasions, including in MEP Martina Anderson’s answer on the question of the legitimacy of the BDS movement: “The EU rejects the BDS campaign attempts to isolate Israel and is opposed to any boycott of Israel.”
Similarly, European Council President Donald Tusk, in his first visit to Israel in August 2015, ahead of the publication of EU guidelines on labelling, reassured Prime Minister Netanyahu that “we have to avoid words like boycott because for sure this is not the intention of Europe. No country in Europe wants to boycott Israel.”
Concrete action needs to be taken by Brussels. The EU’s guidelines on the eligibility of Israeli entities participation to Horizon 2020 from July 2013 did not dissuade BDS activists who are lobbying members of the European Parliament from continuing to question, three years later, the participation and allocation of funds to the Israel Ministry of Public Security through LAW-TRAIN, an EU-funded project on drug trafficking.
Similarly, another European legislator addressing the European Commission on its Patronage of WATEC Italy 2016, questions the participation in the fair of Mekorot, Israel’s national water company. Furthermore, an entire political group finds it “balanced” to call for an end to all cooperation between Israel and the European Defence Agency, and to allow no funding to Israeli entities through Horizon 2020.
Unmistakably, Europe is going through a period of social disorder marked by disenchantment with mainstream politics, and one does not need further proof following Sunday’s results in the French presidential elections.
As such, for the sake of preventing further scapegoating tendencies and radicalization, I would like to make the following recommendations:
- Allocate resources and establish a task force within the European Commission that would monitor and investigate the impact of BDS on the European communities, possibly under Commissioner Vera Jurova (Justice, Consumers and Gender Equality);
- Issue a notice to all member states, asking them to monitor the activities of BDS supporters and take further legal action in line with the Council Framework decision from November 2008 that “racism and xenophobia are direct violations of the principles of liberty, democracy, respect for human rights and fundamental freedoms, and rule of law” and to take measures to punish the following intentional conduct: Publicly inciting to violence or hatred directed against a group of persons or a member of such a group defined by race, color, religion descent or ethnic origin;
- Prevent EU taxpayers’ money to fund any entity that calls for the boycott of the State of Israel;
- Issue a notice on BDS supporters’ access to the EU institutions and a disclaimer for any organizations or entities that call for a boycott of Israel.
European political leadership, as well as EU policy makers, should indeed “take further action in order to protect the viability of the two-state solution.” They should not allow, under any circumstances, their policy to be misused and ultimately abused by BDS activists operating under the pretext of freedom of speech and association.
The above recommendations would ensure that the EU’s stated aim of getting a meaningful return on its investment would encounter many more ladders than snakes going forward.
Teodora Coptil is a consultant specializing on the EU’s policy for MENA region and head of institutional relations at Europe Israel Public Affairs, a Brussels-based NGO advocating for a strategic EU-Israel bilateral relation and accountability of EU aid going to the Palestinian Authority.