A U.S. court’s ruling sends a clear message to Israel organizations intent on suppressing advocacy for Palestinian rights / credit: Alejandro Alvarez / SIPA USA
A court in Washington, D.C., has entirely dismissed a lawsuit against the American Studies Association over its support of an academic boycott of Israel.
The lawsuit, which was filed in 2016 by Israel advocates, has now failed three separate times in court – a significant defeat for the Israel lobby’s attempt to punish scholars who back Palestinian rights.
“The court found that the claims primarily arose from advocacy on an issue of public interest and were not likely to succeed,” stated the Center for Constitutional Rights.
In a 2013 referendum, members of the American Studies Association overwhelmingly endorsed an academic boycott of Israel.
The vote followed an endorsement of the boycott by the association’s governing body.
Declaring the boycott an ethical stance, the ASA said that it “represents a principle of solidarity with scholars and students deprived of their academic freedom and an aspiration to enlarge that freedom for all, including Palestinians.”
Israel advocates within the association, however, jumped into action to persecute colleagues who dared to criticize Israel.
Using a tactic known as lawfare, in which Israel lobby groups use legal means to harass and silence supporters of Palestinian rights, the plaintiffs claimed that the boycott resolution was brought by “insurgents” within the association who attempted to “subvert and change the ASA’s purpose” into a political advocacy organization.
The plaintiffs alleged that a “cabal” of leaders from the US Campaign for the Academic and Cultural Boycott of Israel (USACBI) surreptitiously took over the ASA and used their positions on its executive committee and national council to foist the boycott resolution on the association’s unsuspecting membership, misspending ASA money in the process.
A federal court threw out a key claim in the lawsuit in 2017, ruling that the ASA’s endorsement of the boycott was not contrary to the association’s charter.
After the lawsuit was initially dismissed in 2019, the plaintiffs filed an appeal, and opened a second case in the Washington, DC Superior Court.
Later that year, the Superior Court granted the defendants’ motions to dismiss in part, but denied their anti-SLAPP motion.
SLAPP suits are intended to suppress free speech and force people or organizations into spending money defending themselves in court.
But defendants appealed the denial of that anti-SLAPP motion.
The DC Court of Appeals ordered the court to reanalyze the case, resulting in the most recent ruling, notes the Center for Constitutional Rights.
The force behind the lawsuit was the Louis D. Brandeis Center, an Israel advocacy organization that has for years worked to smear Palestine solidarity activism as anti-Semitism, and attempts to suppress it with frivolous lawsuits and bogus civil rights complaints.
The organization’s former president, attorney Kenneth Marcus, represented the plaintiffs until February 2018 – when he was appointed as the Trump administration’s top civil rights enforcer at the US Department of Education.
“The purpose of lawsuits like these are really to harass and intimidate activists who support rights anywhere, but freedom and justice in Palestine in particular,” Astha Sharma Pokharel, staff lawyer with the Center for Constitutional Rights, told The Electronic Intifada.
Along with the anti-SLAPP laws that are designed to deter these kinds of attacks, the court’s dismissal “sends a message to Palestinian rights advocates that they are supported and that the law is on their side,” Sharma Pokharel added.
‘A Losing Strategy’
The Center for Constitutional Rights represented Steven Salaita, one of the defendants targeted by this lawsuit.
In 2014, Salaita was fired by the University of Illinois at Urbana-Champaign for social media comments criticizing Israel’s assault on Gaza that year.
Salaita then found himself targeted by the lawsuit against the American Studies Association.
He told The Electronic Intifada this week that he was relieved that the DC court dismissed the lawsuit against the American Studies Association.
“It was something hanging over my head and I dislike being obliged to deal with people who deny my humanity,” Salaita said.
“I don’t know what message [Israel lawfare groups] will hear – probably nothing – but it should send them the message that it’s a losing strategy,” he said.
“More importantly, it should send them the message that even if their nonsense were to be effective according to judicial bodies in the United States, it still won’t stop anybody from agitating against the Israeli state.”
Boycotts, he added, are “designed to bypass and subvert state institutions.”
Anti-government protest in Sri Lanka on April 13 in front of the Presidential Secretariat / credit: AntanO / Wikipedia
Editor’s Note: This article was originally published by Multipolarista.
Facing a deep economic crisis and bankruptcy, Sri Lanka was rocked by large protests this July, which led to the resignation of the government.
Numerous Western political leaders and media outlets blamed this uprising on a supposed Chinese “debt trap,” echoing a deceptive narrative that has been thoroughly debunked by mainstream academics.
In reality, the vast majority of the South Asian nation’s foreign debt is owed to the West.
These structural adjustment programs clearly have not worked, given Sri Lanka’s economy has been managed by the IMF for many of the decades since it achieved independence from British colonialism in 1948.
As of 2021, a staggering 81 percent of Sri Lanka’s foreign debt was owned by U.S. and European financial institutions, as well as Western allies Japan and India.
This pales in comparison to the mere 10 percent owed to Beijing.
According to official statistics from Sri Lanka’s Department of External Resources, as of the end of April 2021, the plurality of its foreign debt is owned by Western vulture funds and banks, which have nearly half, at 47 percent.
The top holders of the Sri Lankan government’s debt, in the form of international sovereign bonds (ISBs), are the following firms:
BlackRock (U.S.)
Ashmore Group (Britain)
Allianz (Germany)
UBS (Switzerland)
HSBC (Britain)
JPMorgan Chase (U.S.)
Prudential (U.S.)
The Asian Development Bank and World Bank, which are thoroughly dominated by the United States, own 13 percent and 9 percent of Sri Lanka’s foreign debt, respectively.
Less known is that the Asian Development Bank (ADB) is, too, largely a vehicle of U.S. soft power. Neoconservative DC-based think tank the Center for Strategic and International Studies (CSIS), which is funded by Western governments, affectionately described the ADB as a “strategic asset for the United States,” and a crucial challenger to the much newer, Chinese-led Asian Infrastructure Investment Bank.
“The United States, through its membership in the ADB and with its Indo-Pacific Strategy, seeks to compete with China as a security and economic partner of choice in the region,” boasted CSIS.
Another country that has significant influence over the ADB is Japan, which similarly owns 10 percent of Sri Lanka’s foreign debt.
An additional 2 percent of Sri Lanka’s foreign debt was owed to India as of April 2021, although that number has steadily increased since. In early 2022, India was in fact the top lender to Sri Lanka, with New Delhi disbursing 550 percent more credit than Beijing between January and April.
Together, these Western firms and their allies Japan and India own 81 percent of Sri Lanka’s foreign debt – more than three-quarters of its international obligations.
By contrast, China owns just one-tenth of Sri Lanka’s foreign debt.
The overwhelming Western role in indebting Sri Lanka is made evident by a graph published by the country’s Department of External Resources, showing the foreign commitments by currency:
As of the end of 2019, less than 5 percent of Sri Lanka’s foreign debt was denominated in China’s currency the yuan (CNY). On the other hand, nearly two-thirds, 64.6 percent, was owed in U.S. dollars, along with an additional 14.4 percent in IMF special drawing rights (SDR) and more than 10 percent in the Japanese yen (JPY).
Western media reporting on the economic crisis in Sri Lanka, however, ignores these facts, giving the strong, and deeply misleading, impression that the chaos is in large part because of Beijing.
Sri Lankan Economic Crisis Driven by Neoliberal Policies, Inflation, Corruption, Covid-19 Pandemic
This July, Sri Lanka’s government was forced to resign, after hundreds of thousands of protesters stormed public buildings, setting some on fire, while also occupying the homes of the country’s leaders.
The protests were driven by skyrocketing rates of inflation, as well as rampant corruption and widespread shortages of fuel, food, and medicine – a product of the country’s inability to pay for imports.
In May, Sri Lanka defaulted on its debt. In June, it tried to negotiate another structural adjustment program with the U.S.-dominated International Monetary Fund (IMF). This would have been Sri Lanka’s 17th IMF bailout, but the talks ended without a deal.
By July, Sri Lankan Prime Minister Ranil Wickremesinghe publicly admitted that his government was “bankrupt.”
Sri Lankan President Gotabaya Rajapaksa, who spent a significant part of his life working in the United States, entered office in 2019 and immediately imposed a series of neoliberal economic policies, which included cutting taxes on corporations.
These neoliberal policies decreased government revenue. And the precarious economic situation was only exacerbated by the impact of the Covid-19 pandemic.
Facing an out-of-control 39.1 percent inflation rate in May, the Sri Lankan government did a 180 and suddenly raised taxes again, further contributing to popular discontent, which broke out in a social explosion in July.
Media Falsely Blames China for Sri Lankan Debt Default
While 81 percent of Sri Lanka’s foreign debt is owned by Western financial institutions, Japan, and India, major corporate media outlets sought to blame China for the country’s bankruptcy and subsequent protests.
The Wall Street Journal pointed the finger at Beijing in a deeply misleading article titled “China’s Lending Comes Under Fire as Sri Lankan Debt Crisis Deepens.” The newspaper noted that the crisis “opens a window for India to push back against Chinese influence in the Indian Ocean region.”
U.S. media giant the Associated Press also tried to scapegoat China, and its deceptive news wire was republished by outlets across the world, from ABC News to Saudi Arabia’s Al Arabiya.
VOA accused Beijing of “pursuing a kind of ‘debt-trap diplomacy’ meant to bring economically weak countries to their knees, dependent on China for support.”
On social media, the Western propaganda narrative surrounding the July protests in Sri Lanka was even more detached from reality.
A veteran of the Central Intelligence Agency (CIA), Defense Intelligence Agency (DIA), and National Security Agency (NSA), Derek J. Grossman, portrayed the unrest as an anti-China uprising.
“China’s window of opportunity to one day control Sri Lanka probably just closed,” he tweeted on July 9, as the government announced it was resigning.
After working for U.S. spy agencies, Grossman is today an analyst at the Pentagon’s main think tank, the RAND Corporation, where he has pushed a hawkish line against Beijing.
China’s window of opportunity to one day control Sri Lanka probably just closed. pic.twitter.com/WOLIb3SUTf
— Derek J. Grossman (@DerekJGrossman) July 9, 2022
BBC Reluctantly Admits the ‘Chinese Debt Trap’ Narrative in Sri Lanka Is False
China has funded several large infrastructure projects in Sri Lanka, building an international airport, hospitals, a convention center, a sports stadium, and most controversially a port in the southern coastal town of Hambantota.
The UK government’s BBC sent a reporter to Sri Lanka to investigate these accusations of supposed “Chinese debt traps.” But after speaking to locals, he reluctantly came to the conclusion that the narrative is false.
“The truth is that many independent experts say that we should be wary of the Chinese debt trap narrative, and we’ve found quite a lot of evidence here in Sri Lanka which contradicts it,” BBC host Ben Chu acknowledged.
He explained, “The Hambantota port, well, that was instigated by the Sri Lankans, not by the Chinese. And it can’t currently be used by Chinese military naval vessels, and actually there’s some pretty formidable barriers to that happening.”
“A lot of the projects we’ve been seeing, well, they feel more like white elephants than they do Chinese global strategic assets,” Chu added.
In our latest film from Sri Lanka, which faces financial collapse as the global Big Squeeze bites, Ben Chu examines the effect that Chinese loans and investment are having on the country:#Newsnighthttps://t.co/GBFZ1ItP0G
The British state media outlet interviewed the director of Port City Colombo’s economic commission, Saliya Wickramasuriya, who emphasized, “The Chinese government is not involved in setting the rules and regulations, so from that standpoint the government of Sri Lanka is in control, and it’s up to the government of Sri Lanka’s wish to flavor the city, the development of the city, in the way it wants to.”
“It is accurate to say that infrastructure development has boomed under Chinese investment, Chinese debt sometimes, but those are things that we’ve actually needed for a long, long time,” Wickramasuriya added.
Chu clarified that, “Importantly, it’s not debt but equity the Chinese own here.”
“So is the debt trap not all it seems?” he asked.
Mainstream U.S. Academics Debunk the ‘Chinese Debt Trap’ Myth
Mainstream Western academics have similarly investigated the claims of “Chinese debt traps,” and come to the conclusion that they do not exist.
Even a professor at Johns Hopkins University’s School of Advanced International Studies, which is notorious for its revolving door with the U.S. government and close links to spy agencies, acknowledged that “the Chinese ‘debt trap’ is a myth.”
Writing in 2021 in the de facto mouthpiece of the DC political establishment, The Atlantic magazine, scholar Deborah Brautigam stated clearly that the debt-trap narrative is “a lie, and a powerful one.”
“Our research shows that Chinese banks are willing to restructure the terms of existing loans and have never actually seized an asset from any country, much less the port of Hambantota,” Brautigam said in the article, which was co-authored by Meg Rithmire, a professor at the stridently anti-socialist Harvard Business School.
The Chinese "debt-trap" narrative is a false one which wrongfully portrays both Beijing and the developing countries it deals with, Deborah Brautigam and Meg Rithmire write: https://t.co/FagExsdeNT
Brautigam published her findings in a 2020 article for Johns Hopkins’ China Africa Research Initiative, titled “Debt Relief with Chinese Characteristics,” along with fellow researchers Kevin Acker and Yufan Huang.
They investigated Chinese loans in Sri Lanka, Iraq, Zimbabwe, Ethiopia, Angola, and the Republic of Congo, and “found no ‘asset seizures’ and, despite contract clauses requiring arbitration, no evidence of the use of courts to enforce payments, or application of penalty interest rates.”
They discovered that Beijing cancelled more than $3.4 billion and restructured or refinanced roughly $15 billion of debt in Africa between 2000 and 2019. At least 26 individual loans to African nations were renegotiated.
Western critics have attacked Beijing, claiming there is a lack of transparency surrounding its loans. Brautigam explained that “Chinese lenders prefer to address restructuring quietly, on a bilateral basis, tailoring programs to each situation.”
The researchers noted that China puts an “emphasis on ‘development sustainability’ (looking at the future contribution of the project) rather than ‘debt sustainability’ (looking at the current state of the economy) as the basis of project lending decisions.”
“Moreover, despite critics’ worries that China could seize its borrower’s assets, we do not see China attempting to take advantage of countries in debt distress,” they added.
“There were no ‘asset seizures’ in the 16 restructuring cases that we found,” the scholars continued. “We have not yet seen cases in Africa where Chinese banks or companies have sued sovereign governments or exercised the option for international arbitration standard in Chinese loan contracts.”
Benjamin Norton is founder and editor of Multipolarista.
When Mo’min Swaitat stumbled upon thousands of cassettes in a dusty music shop in his home town of Jenin, he did not know that the treasure trove would lead him to uncover a significant moment in history. His journey across oceans led him to dig up a rare lost album, Riad Awwad’s Intifada 1987, found 34 years after it was originally recorded.
The album’s backstory unfolds in 1987 Palestine amid the First Intifada, mass uprisings by Palestinians in the West Bank and Gaza Strip aimed at ending Israeli occupation. A week into the Intifada, multi-instrumentalist Awwad gathered his three sisters, Hanan, Alia and Nariman, and their friend, famed poet Mahmoud Darwish, to record an album of 11 songs in their living room in the Old City of Jerusalem.
Awwad printed 3 000 tapes and circulated them to neighbouring cities. Upon release, the Israeli military seized the copies. But more than three decades later, Swaitat uncovered a mysterious unmarked tape containing the lost album.
An Unlikely Connection
An actor, playwright and director, Swaitat started his career in theatre at the Freedom Theatre in Jenin Refugee Camp in 2007. There, the theatre’s founder, activist and filmmaker Juliano Mer-Khamis, who was assassinated in 2011 for his powerful political work, mentored him. In 2012, Swaitat received a scholarship to study in London, where he now lives.
Swaitat went to Palestine with a German film crew in 2020, with the intention of staying for three weeks to film a documentary about Mer-Khamis. A week after he arrived, however, the world went into lockdown and he was unable to return. He stayed for a year at his parents’ home in Jenin.
Through the help of a family friend, he stumbled upon an old music shop, Taariq Cassettes, an oasis of thousands of Palestinian music cassettes. The shop had closed down years ago, but in its heyday had doubled up as a label that released tapes from the Palestinian archive, including revolutionary sounds, jazz, disco, funk, wedding and traditional music. The label had been defunct for the past 20 years and there were roughly 12 000 tapes in storage.
“It was completely abandoned. They allowed me to go inside the storage and look into what kind of music they had released as a label,” Swaitat says in an interview over Zoom.
An Archive of History
For eight months, Swaitat went back and forth between the shop and his house, setting up his listening equipment in the space and searching for sounds of interest. He listened to as many tapes as possible.
Initially, Swaitat was looking for his own family archive, intending to make a music documentary. “I’m a Palestinian Bedouin and my family has a few bands who play at weddings,” he says. With some luck, he found most of his family sound archive in the store, amounting to nearly 400 cassettes, including recordings of his uncles’ and cousins’ weddings.
But that is not all he came across. “Then I found this massive Palestinian archive, with all of these different genres from the 1970s till the 1990s,” Swaitat says. The tapes included field recordings, interviews with Palestinian freedom fighters and leaders, and tapes recorded to pass on information during the First Intifada. He bought nearly 7 000 of them from the store.
When it was time to return to London, Swaitat managed to lug home five suitcases of roughly 2 000 tapes. Bound by London’s lockdown regulations, he spent months in his home studio listening repeatedly to the tapes.
Finding Intifada 1987
One particular cassette stood out. It was bright yellow with nothing on it save for a sticker with the words “Al Intifada”. He listened to it over and over again. “I really loved the sound of it. As a Palestinian, it gave me the feeling of amplifying my voice. It was poetic and the songwriting was very uplifting.”
Unable to identify the artist, Swaitat listened to the tape almost 10 times before he let it run all the way to the end, whereupon he heard a voice introducing himself as Riad Awwad and naming the other band members.
Were it not for this announcement, the tape would have remained in obscurity. Swaitat immediately started googling the names, eventually finding information on Hanan Awwad, a writer, poet and activist who worked with the Palestinian Liberation Organization. He reached out to her on social media, and Hanan welcomed a phone call.
“She was very happy that I reached out and said that she hadn’t heard the tape for the past 30 years,” he says. After sending her a digitised version, Hanan told him the tragic story behind the record.
One week after the Intifada broke out, her brother recorded the tape to capture his emotional state and contribute to the Intifada. Upon release and circulation of the album, the Israeli army confiscated most of the tapes over fears of their influence. Awwad was arrested, tortured and detained for months for creating the album.
Upon his release from prison, Awwad recorded another five-track album with a band called the Palestinian Union. He ran his own music shop in Jerusalem and studied sound engineering. He also founded a music school in the West Bank, teaching kids how to create their own electronic instruments.
For the first time, the album by Riad Awwad gets a cover. It will be released on vinyl in July 2022, and thereafter will be available digitally. (Cover and art work by Ahmed El Khalidi)
“She told me he died in a car accident in 2004 and he never had managed to see this album released,” Swaitat says.
Intifada 1987 features Awwad as composer, singer and musician with contributions from his sisters as singers and songwriters. The album was made with homemade equipment, such as a “futuristic” customised keyboard, thus giving it a lo-fi, rough, textured sound. Darwish came on board after Hanan invited him to be part of the recording. His composition is a tune called The Graves.
Despite the violence and destruction unfolding around them during the Intifada, the album’s lyrical content is not focused on hate. Instead, it is a love letter to Palestine. The lyrics poetically describe the Palestinian landscape, the beauty of the mountains, sunrises and sunsets, nature, different animals and birds. But at the same time they tell a personal story of displacement of dreams since the Nakba and calls for liberation of freedom of movement, voice and existence.
Preserving Memory
Palestinian cassettes used to be circulated to different cities through one tape that was copied. Mostly, this was to avoid Israeli checkpoints. “Many of these tapes came out with no artwork. Some came out with Hebrew writing, so the soldiers would leave them alone,” Swaitat says. This could be one possible way the tape survived. Swaitat consulted many Palestinian archivists. None had come across Awwad’s tape.
Swaitat initially approached a few labels about the archive, but soon realised this was not a good idea, given the music’s historical significance. “It’s not about the music only. It’s also about the story behind this. Who are those musicians? What happened to them and why were they involved in the first place?” he asks.
After giving it some thought, Swaitat established his own record label to deal with the tape archive. This is how the Majazz Project label was born, as a way to digitise and release the tapes. Swaitat works with a small team, including an archivist and artist, all dedicated to doing the work of research. For them, preserving the stories and uncovering these lost histories is important, to give a voice to and identity from a Palestinian perspective.
While continuing to work in theatre, Swaitat also hosts a monthly radio show called the Palestinian Sound Archive. He has some incredible releases planned with Majazz. One of its latest is a tribute to his teacher Mer-Khamis, which uses voice clips from the artist.
Palestine remains close to his heart, always. “All of my family is still there. I’m the only one who is not there. My family was forced to leave their original home town. My mom is from Keisarya and my dad is from Haifa. In 1948, the family was forced to leave their home during the Nakba, the catastrophe.”
Decades after Awwad recorded this album, its relevance is stronger now than ever, as occupation and displacement in Palestine and the struggle for land and identity continue. “I grew up into this [conflict] all my life. I was born in 1989, just two years after the First Intifada broke out. I had my first childhood memory during the First Intifada. And then I was a teenager during the Second Intifada from the age of 13.”
Intifada 1987 is due for its vinyl release in July, and will come complete with an Arabic/English translation of the lyrics. Because of its tragic history, Swaitat views the album as a release, not a reissue. The album would have been lost to history were it not for Awwad’s foresight to mention his name. This preservation allows for his story to be told and passed forward to inspire hope in a new generation.
WASHINGTON, D.C.—An event held June 5 at the Institute for Policy Studies aimed to raise awareness and foster discussions around a new book, Survivors Uncensored: 100+ Testimonies of Resilience and Humanity, co-authored by Rwandan genocide survivors Claude Gatebuke and Delphine Yandemutso.
Not only does Survivors Uncensored bring together testimonies from survivors of the 1994 Rwandan genocide, it documents pre- and post-genocide atrocities, including in the Democratic Republic of Congo (DRC). The co-authors expressed the need for healing, reconciliation, accountability and peace promotion. Additionally, they shed light on the role of the United States and the West in atrocities currently occurring in the DRC, spanning from 1996 to today.
Panelists from left: Delphine Yandamutso and Claude Gatebuke. Moderator Steven Nabieu Rogers in the center / credit: Julie Varughese
Panelists included:
Delphine Yandamutso, Rwanda Accountability Initiative and co-author Survivors Uncensored
Claude Gatebuke, African Great Lakes Action Network and co-author Survivors Uncensored
Salome Ayuak, Black Alliance for Peace Africa Team
Dismas Kitenge, special guest live from Kisangani province, DRC
Steven Nabieu Rogers of Africa Faith and Justice Network moderated the discussion. IPS Director Tope Folarin welcomed the guests.
The co-sponsors of the event included Advocacy Network for Africa, Africa Faith & Justice Network, African Great Lakes Action Network, Africa World Now Project, Black Alliance for Peace, Friends of the Congo, and Institute for Policy Studies.
