Colombian presidential candidate Gustavo Petro (right) announced in March Afro-Colombian activist Francia Márquez as his vice-presidential running mate on the Pacto Histórico ticket / credit: Twitter / Francia Márquez
Recent polls indicate left-wing presidential candidate Gustavo Petro and his running mate, Francia Márquez, are the most popular candidates in Colombia. But they appear to fall short of the 50 percent of potential votes required to win the first round of the presidential election on Sunday.
Onlookers say their popularity might explain a surge in death threats against the candidates. The ticket is striking: Petro is a former guerilla-turned-elected-official while Márquez is an award-winning Afro-descendant activist. The pair have inspired people in the country, which has been torn apart by decades of paramilitary violence, partly due to being tied politically, militarily and economically to the United States. Plus, state-sanctioned violence and dozens of deaths at the hands of police during last year’s nation-wide strike remain fresh in the national memory.
The situation has gotten so dangerous, the candidates have been seen at campaign events flanked by bodyguards holding bulletproof shields, as the Washington Post recently reported.
“The U.S. will not be happy with their victory because they will challenge U.S. military ties and ties with NATO,” said Dan Kovalik, professor of international human rights at the University of Pittsburgh School of Law. Such a break could devastate U.S. hegemonic relations in the Western Hemisphere, which the United States has long related to as its “backyard.”
Just a week ago, the United States invited the Colombian defense minister to Washington to announce the country as a “major non-NATO ally.” This comes after $4.5 billion in arms and military training have been poured into Colombia through the United States’ Plan Colombia, which claims to go after the illicit drug trade. However, many activists say small-time farmers have suffered while the flow of drugs have not stopped.
Kovalik pointed to another time a leftist was almost elected. Jorge Eliécer Gaitán was assassinated during his second presidential run in 1948. That set off “La Violencia,” a 10-year period that ended with at least 200,000 people dead.
Meanwhile, six years after peace accords were signed with paramilitary groups, more than 1,000 social leaders have been killed, a statistic that disturbs many activists.
Even with a Petro-Márquez victory, security for the candidates could be dicey after entering office, given how closely linked the paramilitaries, the military and economic elites are in Colombia. A Márquez advisor, Hildebrando Vélez Galeano, told Toward Freedom the campaign had received information paramilitary groups were planning to murder the candidates. He referred to the police and military as “mafia controlled.”
Earlier this month, a military analyst and former colonel was accused of violating the Colombian constitution when he condemned Petro’s candidacy. The constitution bars members of the military from expressing political opinions.
“It’s because of Petro’s commitment to use the power of the state to go after these Uribistas,” said Ajamu Baraka, a campaign advisor. In mentioning Uribistas, Baraka referred to the presidency of Álvaro Uribe, a right-winger who militarized the police and ramped up the war against farmers and activists of Indigenous and Afro-descendant backgrounds. Petro recently mentioned that, if elected, he would hold accountable those who have been threatening his and Márquez’s lives.
Teri Mattson, a U.S. activist who hosts CodePink’s “What the F Is Going On In Latin America and the Caribbean” YouTube show, was denied entrance into Colombia on Sunday to serve as an election observer. She was deported to the United States the following day.
“I would not be surprised if that was orchestrated to say, ‘It’s getting very chaotic and the government will need to suspend the election,'” Mattson told Toward Freedom.
A few other election observers have been denied entrance, too, including Argentinian Alejandro Rusconi.
BREAKING: Official electoral observer @ale_rusconi —invited by the @CNE_COLOMBIA ahead of Sunday's election — has been denied entry to Colombia without explanation. CNE Magistrate @LuisGPerezCasas has said: "This is not good for [Duque's] government, nor for democracy." pic.twitter.com/9zGUyhE2Ge
— Progressive International (@ProgIntl) May 25, 2022
“The people who have sustained war and violence are determined to continue sustaining it at all costs,” said Charo Mina Rojas, a leader in Proceso de Comunidades Negras, an alliance of Afro-descendant organizations in Colombia. She also relayed concern about election fraud and voter intimidation.
Overall, though, the situation looks promising to many onlookers because of the presence of left-wing regional strongholds like Bolivia, Cuba, Nicaragua and Venezuela; as well as many countries boycotting the U.S.-hosted Summit of the Americas; and the political tide recently turning in countries like Honduras and Perú.
“Colombia is the last beachhead the U.S. has in Latin America,” Kovalik said.
Julie Varughese is editor of Toward Freedom. She recently wrote about the historic candidacy of Márquez.
“Militarized Police” by Shotboxer Portland is licensed under CC BY 2.0
The world is shocked by the image of an 11-story residential building in Gaza collapsing because of a bomb dropped by the Israeli Defense Force, one of the most advanced armies in the world thanks to U.S. support. But in the United States, Andrew Yang, former presidential candidate and now candidate for mayor of New York City, proudly proclaims he stands with the “heroic people of Israel” who are under attack from the vicious, occupied Palestinians, who have no army, no rights and no state.
But as politically and morally contradictory as Yang’s sentiments might appear for many, the alternative world of Western liberalism has a different standard. In that world, liberals claim that all are equal with inalienable rights. But in practice, some lives are more equal and more valuable than others.
In the liberal world, Trump is condemned for attempting to reject the results of the election and indicating he might not leave office at the end of his term. But as soon as Biden occupied the White House, one of his first foreign policy decisions was to give the U.S.-imposed Haitian president, Jovenel Moïse, a green light to ignore the demands of the Haitian people and the end of his term in February. He remains in office.
In the liberal world, the United States that has backed every vicious right-wing dictator in the world since the Second World War, orchestrates coups, murders foreign leaders, attacks nations fighting for independence in places like Vietnam, trains torturers, brandishes nuclear bombs, has the longest-held political prisoners on the planet, is number one in global arms sales, imprisons more people than any other nation in the world, has supported apartheid South Africa and is supporting apartheid Israel—while championing human rights!
In the liberal world, the United States can openly train, fund, and back opposition parties and even determine who the leader of a nation should be, but react with moral outrage when supposedly Russian-connected entities buy $100,000 worth of Facebook ads commenting on “internal” political subjects related to the 2016 election.
In the liberal world, Democrats build on racist anti-China sentiments and the identification of China as a national threat, and then pretend they had nothing to do with the wave of anti-Asian racism and violence.
In the liberal world, liberals are morally superior and defend Black life as long as those lives are not in Haiti, Libya, Colombia, Venezuela, Brazil, all of Africa, and in the jails and prisons of the United States.
In the liberal world, you can—with a straight face—condemn the retaliatory rockets from Gaza, the burning of a police station in Minneapolis, attacks on property owned by corporations in oppressed and exploited communities, attacks on school children fighting back against police in Baltimore, and attacks on North Koreans arming themselves against a crazed, violent state that has already demonstrated—as it did with Libya—what it would do to a state that disarmed in the face of U.S. and European aggression.
And in the liberal world, Netanyahu is a democrat, the Palestinians are aggressors and Black workers did not die unnecessarily because the United States dismantled its already underdeveloped public health system.
What all of this is teaching the colonized world, together with the death and violence in Colombia, Haiti, Palestine and the rest of the colonized world, is that even though we know the Pan-European project is moribund, the colonial-capitalist West is prepared to sacrifice everything and everyone in order to maintain its global dominance, even if it means destroying the planet and everyone on it.
That is why Biden labels himself an “Atlanticist”—shorthand for a white supremacist. His task is to convince the European allies it is far better to work together than to allow themselves to be divided against the “barbarians” inside and at the doors of Europe and the United States.
The managers of the colonial-capitalist world understand the terms of struggle, and so should we. It must be clear to us that for the survival of collective humanity and the planet, we cannot allow uncontested power to remain in the hands of the global 1 percent. The painful truth for some is if global humanity is to live, the Pan-European white supremacist colonial-capitalist project must die.
This article was originally published in Black Agenda Report.
Ajamu Baraka is the national organizer of the Black Alliance for Peace and was the 2016 candidate for vice president on the Green Party ticket. Baraka serves on the Executive Committee of the U.S. Peace Council and leadership body of the United National Antiwar Coalition (UNAC). He is an editor and contributing columnist for the Black Agenda Report and contributing columnist for Counterpunch. He was awarded the U.S. Peace Memorial 2019 Peace Prize and the Serena Shirm award for uncompromised integrity in journalism.
A demonstration in March 2022 against Canada-based mining company Libero Copper and Gold in Mocoa, the capital of the Putumayo department in Colombia. The banner reads, “Mocoa says no to megamineria. Water is worth more than copper.” The march initiated a four-day event called the Festival in Defense of the Mountain, Water and Life, held to protest the company’s copper mining project / credit: Antonio Cascio
MOCOA, Colombia—“We are experiencing a profound crisis, not only in the Amazon, but throughout [the world],” said Campo Elías de la Cruz, a Catholic priest and environmental activist. “Over three centuries, the umbilical cord of Mother Earth has been cut.”
De la Cruz, who opposes the extraction of minerals in Colombia’s Putumayo Department, referred to thousands of rubber trees that had been cut down, along with 70,000 Indigenous people who died in the western Amazon during the extraction of rubber, timber, oil and quinine (a substance used to prevent malaria). “And today,” de la Cruz told Toward Freedom, “in the 21st century, they tell us they are taking the copper from Mother Earth.” The priest remarked on contemporary plans to explore and mine for copper and molybdenum to feed “clean energy” technologies in what could be one of the largest deposits of these minerals on the continent and in the world.
An Andean Saddle-Back Tamarin monkey (Leontocebus fuscicollis) in the Mocoa area. The biodiverse Putumayo department is home to more than 150 animal species, which is why environmentalist groups worry about mining activities / credit: Antonio Cascio
In this richly biodiverse region, where the cool mountains of the Andes meet the steamy Amazon rainforest, opinions are divided and emotions fume over the environmental and social costs of housing a “green” mining project. It is here where the Caquetá and Putumayo rivers originate, both major tributaries of the Amazon River. Any alteration of the natural state of this area is likely to impact the entire Amazon rainforest, often referred to as the “lungs” of the Earth, for absorbing carbon dioxide and releasing life-giving oxygen into the atmosphere.
All this is why a Canadian mining company appearing to move forward on exploring mining possibilities in Putumayo has raised questions about a progressive government that won power by promising environmental protection.
Mocoa city, capital of Putumayo. Its geographic position puts it at high risk of natural disasters. In 2017, for example, a landslide destroyed part of the city and caused more than 300 deaths. For this reason, residents are concerned about mining activities in the mountains that surround Mocoa / credit: Antonio Cascio
‘Clean Energy’ Promises
In 2018, the Canadian multinational company Libero Copper and Gold acquired four mining titles to explore and extract minerals, such as copper and molybdenum, in more than 11,000 hectares (27,000 acres) in Mocoa, the capital of the department of Putumayo in southern Colombia.
The proposal to extract copper and molybdenum has been framed by proponents as a “green” project that can help transition Colombia to using renewable energy and replace polluting fossil fuels, the use of which has been found to cause climate change. This proposal aligns with the policy of the progressive government of Colombian President Gustavo Petro, who took power last year. During his campaign, he vowed to stop issuing oil and gas exploration licenses and has recently advocated for the exploration of crucial minerals in the country to develop renewable energy as a climate change solution.
Map of Colombian city of Mocoa and Mocoa River in Putumayo department / source: Google
Libero Copper and Gold has gained support among locals—most of whom work with the company—because of the jobs and development it promises for a region that lacks access to basic services such as an adequate health system and a reliable water supply. However, the region’s history with oil extraction produced no benefits for the people, either, according to José Luis Lopez, a researcher at the Observatory of Environmental Conflicts at the National University of Colombia, in an interview with Toward Freedom.
A stone that contains copper found in the Tosoy stream, close to the mining project area. Locals say no fish live in this stream because of the high levels of water mineralization. Humans do not consume the water, either. To them, this shows how mining could lead to the contamination of water, affecting human settlements and biodiversity / credit: Antonio Cascio
“Currently, 46 percent of the economy of Putumayo depends on oil exploitation. Yet, between 2008 and 2016, formal employment only reached 26 percent,” Lopez said, citing a study carried out by Fedesarrollo for Ecopetrol, the largest oil company in the country.
In an effort to show how “green” this project is, Libero Copper and Gold created an alliance with the National University of Colombia in Medellin as part of their “Green Route” strategy. This alliance aims to create the first copper production chain in the country for the development of electric motors and generators. However, Congress members denounced the project because of conflicts of interests that led Vice-Minister of Mines and Energy Giovanny Franco Sepulveda to resign early this year.
According to Lopez, Libero Copper and Gold’s discourse lacks consistency. “First, they told us this could be the biggest mine in the world. Later, they focused on a strategy based on social responsibility and environmental sustainability. And, now, they present a plan to extract copper in small quantities.”
Libero Copper and Gold reported the reserves contain 4.6 billion pounds (2 million tons) of copper and 510.5 million pounds (232 kilotons) of molybdenum, exceeding the amount contained in the biggest mines in the world.
The Nasa Indigenous Guards and other participants at the Festival in Defense of the Mountain, Water and Life. The Indigenous Guards said they found evidence that Libero Copper and Gold was drilling with suspended mining titles. They also accused the Canadian company of illegal activities that have caused environmental damage / credit: Antonio Cascio
Beyond the environmental consequences, local people also worry this mining project could cause an environmental disaster similar to the one that took place in Mocoa in 2017, when intense rain led to a mudslide that caused the deaths of more than 300 people. Although the 2017 disaster was linked to the movement of Earth in a different area to where Libero Copper operates, geologists have confirmed that the mountain where the mining titles are located also contain highly fractured rocks and, therefore, are more susceptible to landslides.
“Energy transition should not under any circumstances put at risk the water supply of such an important region,” Lopez said. “If we affect the area where the water originates, and you also take into account the production of heavy metal residues, we are putting at risk communities whose survival depends on the rivers.”
Colombian Vice President Francia Márquez (right) and President Gustavo Petro (left, on mic) at a June 7 demonstration in favor of government reforms / credit: Antonio Cascio
Does Clean Energy Protect the Environment and Indigenous Territories?
In April, Petro opened his speech in front of the Organization of American States (OAS) by talking about Latin America’s strategic importance in producing critical minerals for the “clean energy” transition. According to the International Energy Agency, the area from Mexico in the north to Chile in the south accounts for 40 percent of global copper production and 35 percent of the world’s lithium. Yet, the reserves remain underdeveloped, which for some means a great potential exists to increase production––not only of these two materials––but also of others essential to the transition away from fossil fuels. Those can include nickel and rare earth elements, among others.
Despite a growing consensus on the importance of reducing carbon emissions, questions have arisen over who should bear the environmental and social costs of extracting resources essential to this transition. Indigenous and peasant communities in Colombia worry copper mining will affect their livelihoods and even force them to abandon their territories.
“I feel so much pain to see that a company like Libero Copper and Gold is coming to destroy the most precious thing we have, water,” said Rufina Valencia, an elderly peasant woman who arrived in the village––where Libero Copper and Gold operates––when she was a child. It was this land that helped her and her husband, who worked in the water company, raise their kids, she said. “[Water] is the heart of our community, our Putumayo region, and the world. Because Putumayo is the lung of the world.”
Aerial view of the Putumayo department, called the door of the Amazon / credit: Antonio Cascio
Petro’s victory during last year’s presidential elections was due to the overwhelming support of Indigenous and peasant communities, who saw Petro and Vice President Francia Márquez as allies in their struggle to defend land rights and protect their territories. This support, however, could come under scrutiny if mining interferes with their way of life.
“In different parts of the country, it has been proven how mining results in a loss of sovereignty over the lands of communities and loss over food sovereignty, as people abandoned agricultural practices to work in the mines,” explained Carlos Duarte, Coordinator of Rural Development and Land-Use Planning at Javeriana University in the capital of Bogotá, in an interview with Toward Freedom.
In this sense, Petro’s government could find itself in a tough spot as his plans to increase Colombia’s share in critical materials for a transition away from fossil fuels and toward a more independent Colombia could eclipse the interests of Indigenous and peasant communities.
Taita Pablo Crispín Chindoy held a spiritual ceremony at the end of a meeting in March in Mocoa with Colombian Minister of Mines and Energy Irene Vélez Torres. Indigenous communities, and social and activist groups, from the Putumayo department organized this meeting to provide the minister with their case for requesting the end of the Libero Copper and Gold project in the Mocoa area / credit: Antonio Cascio
Controversy Within the Government
So far, neither Petro nor Márquez have released a public statement about the copper and molybdenum mining project in Mocoa.
Although Márquez does not have political functions related to the mining sector, she is expected to be vocal on mining issues, explains Duarte. “Márquez has stated during her campaign––and as Vice President––her conviction that mining, as it is currently implemented, is not feasible,” he said. Toward Freedom contacted Márquez’s office, requesting a statement on this matter, but did not receive a response. “She has been part of this struggle her whole life and will probably not disassociate from this matter,” Duarte added.
However, the neoliberal extractivist policies implemented by governments of the first left-wing wave that engaged a socio-ecological discourse ––as was the case of Ecuadorian President Rafael Correa ––show how these contradictory approaches have coexisted in the region.
According to Duarte, the Petro-Márquez government’s efforts to conserve the environment are obvious with the signing of the Escazú Agreement that aims to protect the environment and the lives of environmental activists. Although the agreement was signed in 2018, it was only until late last year that Colombia ratified it. The question remains of how the pair will move on the mining question. “Will they favor environmental protection or will they take an extractivist approach to satisfy the global demand for these resources?” Duarte asked.
Close to the Libero Copper and Gold mining project, three important rivers pass through the area, the Mocoa (seen here), the Caquetá and the Putumayo rivers. All are tributaries of the Amazon River, so contamination of their waters would affect the entire Amazon region / credit: Antonio Cascio
For now, the Colombian government is revising the existing mining code—which many hope will toughen regulations and protect the environment. The Petro-Márquez administration has approved the National Development Plan 2022-26, in which the protection of water is one of the three central elements of territorial planning and its development strategy. A fact that Lopez also associates with the government’s willingness to protect the environment.
“The energy transition has an enormous demand for strategic minerals. At the global level, that means extraction frontiers are under pressure,” said Minister of Mines and Energy Irene Vélez when visiting Indigenous and local communities in March in Mocoa. “But this government is not going to generate a copper rush that will leave social and environmental destruction.”
On various occasions, the National Mining Agency (or ANM in Spanish) has stated that the company cannot conduct any exploration or exploitation activities due to the 020 Regional Accord prohibiting medium and large-scale mining in Mocoa. However, the company has violated this accord by carrying out exploration activities. Such violations are verifiable on the company’s website, where they report on their activities. On this matter, the ANM is conducting an investigation but so far has not presented its findings.
In response to Toward Freedom‘s inquiry regarding the investigation, the agency said the process is still underway. However, this exceeds the time limit set forth in Article 288 of the Mining Code.
For now, Libero Copper and Gold continues operating in the territory and the people refuse to relent.
“I will not sell my land because I don’t want future generations to say they were left in a desert, impossible to survive because of my decision,” said Valencia, who has lived in Putumayo since childhood. “But if that project continues, we worry we will be forced to sell when the water is contaminated.”
The video above was first published by Mongabay.
Natalia Torres Garzón graduated with an M.Sc. in Globalization and Development at the School of Oriental and African Studies in London, United Kingdom. She is a freelance journalist who focuses on social and political issues in Latin America, especially in connection to Indigenous communities, women, and the environment. Her work has been published in Earth Island, New Internationalist, Toward Freedom, the section of Planeta Futuro-El País, El Salto, Esglobal and others.
Antonio Cascio is an Italian photojournalist focused on social movements, environmental justice and discriminated groups. He has been working as a freelancer from Europe and Latin America. He has also collaborated with news agencies like Reuters, Sopa Images and Abacapress, and his pictures have been published in the New York Times, CNN, BBC, the Guardian, DW, Mongabay, El País, Revista 5W, Liberation, Infobae, Folha de S.Paulo, Amnesty International and others.
Editor’s Note: This article originally appeared in MintPress News.
LITTLE ROCK, Arkansas—In June, a federal appeals court upheld an Arkansas law barring state contractors from boycotting Israel, sparking concerns over First Amendment rights in the United States.The Eighth Circuit Court of Appeals reversed a decision made last year by a panel of three judges who found that mandating a pledge to not boycott Israel is unconstitutional.
However, the recent court ruling determined boycotts are not expressive conduct and instead related to commercial activity and therefore the state can regulate such actions.
“It only prohibits economic decisions that discriminate against Israel,” Judge Jonathan Kobes, who was appointed by former President Donald Trump, wrote in the court’s opinion. “Because those commercial decisions are invisible to observers unless explained, they are not inherently expressive and do not implicate the First Amendment.”
“By declaring Arkansas’ Anti-BDS Law to be constitutional, the court has tacitly endorsed a Palestine-exception to the First Amendment,” Council on American Islamic Relations (CAIR) National Litigation Director, Lena Masri, said in a statement.
In 2018, The Arkansas Times sued the state over its Israel boycott law after refusing to sign the pledge. Originally, Arkansas Times publisher Alan Leveritt lost in District Court but won when he appealed to the Eighth Circuit Court. The state then appealed to the full appeals court and was granted a rehearing.
The American Civil Liberties Union, which represented The Arkansas Times, confirmed it plans to appeal to the Supreme Court. Brian Hauss, the ACLU’s chief litigator on the case, said in a statement that the court’s decision “misreads Supreme Court precedent and departs from this nation’s longstanding traditions.” “It ignores the fact that this country was founded on a boycott of British goods and that boycotts have been a fundamental part of American political discourse ever since,” Hauss said.
Breaking news: The Eighth Circuit Court of Appeals ruled today that boycotts are not protected by the First Amendment. @ACLU has confirmed it'll take the case to the Supreme Court, with huge implications for free speech in America.🧵
Leveritt, who is not participating in a boycott of Israel, told MintPress News that, as a matter of free speech, he wouldn’t sign the pledge.
“No media protected by the First Amendment in this country should take a political position in return for advertising,” Leveritt said. “This is America. The government doesn’t dictate to us what we say and do and think, so that’s why we’re fighting it.”
A clause in the law mandates contractors who do not sign the pledge must then reduce their fees by 20%, which Leveritt said has severely hurt the publication’s finances.
Israeli Government Influencing U.S. Laws
Bills targeting the Palestinian-led Boycott, Divestment and Sanctions movement have spiked in recent years, according to Palestine Legal, an organization protecting the rights of pro-Palestine activists.
As detailed in the documentary, “Boycott”, the Israeli Ministry of Strategic Affairs established the propaganda project, Concert, as a public benefit corporation in order to circumvent U.S. laws on foreign interference. Concert’s primary purpose is to quell growing support for the BDS movement worldwide.
Through Concert, Israel has been able to funnel millions of dollars to organizations that would then lobby for these anti-BDS bills. Christians United for Israel — one of the main advocates for pro-Israel legislation — received $1.3 million from the Israeli government. Other groups include Eagle’s Wings, Hasbara Fellowships, America-Israel Friendship League, and the Israel Allies Foundation.
How the Supreme Court May Rule
If the Arkansas case does reach the Supreme Court, opponents of anti-BDS legislation like CAIR are optimistic the recent appeals court decision will be overturned.
“We realized the Supreme Court is not always a friend of civil rights, but the Eighth Circuit is very conservative, far more conservative than the Supreme Court even,” Justin Sadowsky, trial attorney with CAIR, said. “We’re very hopeful that the Supreme Court, which has often been champions of the First Amendment, will take a more nuanced look at it.”
CAIR’s deputy executive director, Edward Ahmed Mitchell, agreed with this sentiment. He noted that most of the Supreme Court justices take an originalist approach when interpreting the law, meaning they consider the original text of the constitution and apply it to modern scenarios.
“If they really look at what the constitution says — the plain meaning of it — and then also the history of it as originalists tend to do, then they have to rule that these laws are an unconstitutional violation of the free speech of the American people,” Mitchell told MintPress News.
Yet Alison Weir, founder and executive director of the independent research institute, If Americans Knew, outlined the Supreme Court’s pro-Israel influences – something that could lead to a less favorable ruling.
Weir explained in a recent article how the Supreme Court has a history of handing down decisions related to Israel that have changed longstanding U.S. traditions.
These included a 1967 ruling which sided with an Israeli citizen and overturned a ban on dual citizenship and a decision in 1998 that handed the Israel lobby’s flagship organization, the American Israel Public Affairs Committee, a victory over allegations the group violated federal election laws.
These decisions can be attributed to Israel partisans on the court like former Justices Abe Fortas and Stephen Breyer. Today, the court is still packed with Israel loyalists. Kentanji Brown Jackson, Amy Coney Barrett, and Brett Kavanaugh all have pro-Israel influences hidden in their education and career beginnings. Weir surmised Justice Elena Kagan may also pose a potential problem, given her love for Israel and her admiration for the country’s former Supreme Court president, Aharon Barak.
Setting a ‘Dangerous Precedent’
Other versions of the boycott law have passed in 33 states since 2016. Several U.S. residents have challenged these laws in recent years — in Texas, Georgia, Arizona, and Kansas — suing their states for violating their First Amendment rights and winning. But Arkansas is an outlier. Leveritt fears that if he loses in the Supreme Court, this could overturn favorable rulings in lower courts as well.
But it is not just Israel boycotts that are under threat. Boycotts, in general, appear to be at risk in the U.S. “In upholding Arkansas’ anti-BDS law, the court refused to confront the reality that these laws are part of an effort to shield Israel from accountability,” Palestine Legal said in a statement. “Given the proliferation of anti-boycott laws targeting other social justice movements, this decision sets a dangerous precedent for anyone interested in seeking social, political, or economic change.”
The American Legislative Exchange Council (ALEC), which has been instrumental in passing anti-BDS laws across the country, is now targeting financial firms for divesting from the fossil fuel industry.
The group works with corporate lobbyists and Republican state legislators to author legislation. In 2021, ALEC drafted the Energy Discrimination Elimination Act, requiring companies of 10 or more full-time employees to provide written verification it doesn’t boycott fossil fuel businesses before entering into a government contract. So far, Oklahoma, North Dakota, and Texas have signed similar legislation into law. Texas has also passed legislation prohibiting contracts with companies that boycott the firearms industry. ALEC is funded primarily by Koch Industries and a host of other energy and utility companies.
Other states are also using the anti-boycott model to target politically-charged industries. Alaska, Arizona, Idaho, Indiana, Kansas, Kentucky, Louisiana, Minnesota, Missouri, Ohio, Oklahoma, Oregon, South Carolina, South Dakota, Utah, West Virginia and Wisconsin all have drafted anti-BDS legislation.
Julia Bacha, director of the documentary “Boycott”, described the rapid trajectory of anti-BDS legislation in the U.S. in a Twitter thread following the Eighth Circuit Court ruling. “When we started production, the risk that the anti-BDS bill would be used as a template was still theoretical. By the time we locked-picture, it was a reality,” she wrote.
But she also cautions U.S. residents to not solely pin the blame on Republicans over anti-BDS bills becoming the norm, writing:
Beware of press coverage that points the finger at Republicans for stripping away our rights without recognizing that Democrats were complicit in opening the pandora’s box when they overwhelmingly supported anti-BDS bills. There’s no First Amendment Exception to Palestine and this is as good [sic] time as any for the Democratic Party to learn this lesson, before irreparable damage to our rights in America is done.”
Thus, if certain pro-Israel and pro-fossil fuel advocates get their way, a fundamental right to protest will be removed from U.S. residents.
Jessica Buxbaum is a Jerusalem-based journalist for MintPress News covering Palestine, Israel, and Syria. Her work has been featured in Middle East Eye, The New Arab and Gulf News.
