The Ministry of Industry, Trade and Tourism responded to the Palestinian Government’s letter of protest regarding the participation of Spanish companies in the construction of the tram network developed by Israel in East Jerusalem in the occupied Palestinian territories. Confirm “Strong support for the Palestinian cause” and assures that it does not participate in projects carried out by Spanish multinationals such as CAF or COMSA, but confirms that there are no “legal elements” to prevent them.
The letter from industry president Héctor Gómez begins: “His Excellency Khaled Osaily, Minister of National Economy of Palestine. In response to your letter of July 2023, I would like to take this opportunity to confirm our resounding support for the Palestinian cause.” , the person who has access to this log. “All EU Member States consider: Israeli colonies are illegal under international law and is an obstacle to peace and a two-state solution to the conflict between Palestine and Israel,” he continues.
In this sense, Industry assures that it “frequently” attracts the attention of “citizens and businesses”. risks associated with economic activities Financial transactions and financial transactions in Israeli settlements in the West Bank and East Jerusalem. In particular, he reminds that “financial transactions, investments, acquisitions and contracts” that benefit Israeli settlements “may involve economic and legal risks because they are “built on occupied territory” that is not “a legitimate part of Israeli territory,” according to the letter. Tram in Jerusalem Public tenders for construction fall into this category. “In fact, They were warned they might be violating international humanitarian law“.
Basque-based multinational railway company CAF and Catalan company COMSA, together with smaller companies such as Madrid-based GMV or TYPSA, are developing new tram lines in Jerusalem with stops in colonies built on occupied territory that legally belongs to Palestine. really? Projects exceeding 3 billion 200 million EurosIt was shared with Israeli partners, which included both the layout of the line and the construction of the trains and maintenance of these means of transport for the coming decades. Organizations such as Amnesty International oppose this because it reinforces the occupation. They recall that other multinational companies decided not to participate in the competition because they included Israeli colonies in the plan.
The Israeli-Palestinian conflict is at its worst moment in the last half century. At least 1,400 people were killed and approximately 240 people were kidnapped in the Hamas attack on Israel. Israel’s retaliation against Gaza resulted in the deaths of at least 11,000 people, including more than 4,000 children.
Complaints to Industry
The Committee of Solidarity with the Arab Cause filed a complaint with the Ministry of Industry through the National Contact Point (PNC) against CAF and GMV, which won the first competition in 2019. A non-judicial process was opened to examine whether these projects comply with the standards set by the OECD regarding compliance with international legislation. The industry offered to mediate but both CAF and GMV refused. The CAF issued a non-binding report that, among other arguments, assured that its operations did not encourage colonization because it followed it.
Last summer, the Palestinian Government sent a letter to the Spanish Minister of Industry, “strongly” urging him “to take urgent action and measures in this regard.” Request suspension of CAF and GMV and the withdrawal of illegal projects by Spanish companies”. COMSA was not included in the letter because it had not yet received its contract, which occurred last September.
In his letter, Héctor Gómez responded to his Palestinian counterpart by saying that although the Ministry “fully understands and supports your legitimate concerns,” the National Contact Point “lacks the legal tools to intervene in the decisions of private companies regarding the execution of projects.” in third countries that fall under their responsibility”. And he adds: “Although [el Ministerio] It supports the internationalization processes of Spanish companies in general, I can assure you that We do not share your point of view [de esas empresas] in this particular case. “We gave them the same message throughout the entire procedure at the National Contact Point.”
International organizations defending the rights of Palestinians point out that there are things that can be done beyond the PNC if there is political will. “If the Spanish State and the EU find the activities of the settlements resulting from the occupation illegal, they can ban their trade and impose sanctions on companies participating in this colonization. for example through the Public Contracts Act“, they say from the Committee of Solidarity with the Arab Cause. They also recall, for example, the requirement that companies benefiting from the ERTE program during the pandemic should not operate in tax havens.