Eduardo González
Sumar, a minority partner in the coalition government of Pedro Sánchez, has asked the Executive about the participation of Spanish companies in the construction and management of several lines of the light rail that “links Jerusalem with illegal Israeli settlements in the West Bank”. In its response, the Government has limited itself to recalling that human rights constitute “a cornerstone of foreign policy” and that Spain “maintains its position towards the Israeli settlements in the Occupied Territories”.
In a question registered on October 2, the formation led by the second vice-president and Minister of Labor and Social Economy, Yolanda Diaz, recalls that the Catalan infrastructure company COMSA has been awarded the construction and maintenance of the new Blue line of the tramway that “links Israeli Jerusalem with illegal settlements in the West Bank, such as Gilo”. Likewise, other Spanish companies, such as the Basque multinational CAF and Madrid-based GMV and TYPSA, are already participating in the management of the Red and Green lines, “which include stops in illegal Israeli settlements in other occupied areas of the Palestinian West Bank”, continues Sumar.
The leftist formation recalls that “the tramway in occupied Jerusalem is a project that violates international law”. Specifically, it continues, “it does not respect International Humanitarian Law (IHL) applicable to armed conflicts or human rights, since Palestinian land under Israeli occupation is expropriated to build the light rail linking different illegal settlements – colonies – of the occupying power, and facilitating the colonization and transfer of the population of the occupying power to occupied territory.” In 2017, the UN Human Rights Council declared the streetcar project illegal because it violates several of its resolutions and, in fact, other international railway companies decided not to go to the public tender for that reason.
Sumar also assures that “it has had access to a letter from the Palestinian Government sent to the Spanish Minister of Industry, Trade and Tourism, before the news of COMSA obtaining a new tender, urging to take immediate actions and measures to demand CAF and other companies to suspend and withdraw from the illegal projects in which Spanish companies are involved in Israeli-occupied Jerusalem”.
For all these reasons, Sumar asks the Government if it considers that the streetcar “violates international legality”, if it has informed the executives and members of the boards of directors of the aforementioned Spanish companies “of the legal consequences of a criminal nature that their actions may have in accordance with the provisions of articles 608 and following of the Penal Code” (relating to “crimes against persons and property protected in case of armed conflict”) and if it has informed the Spanish Prosecutor’s Office so that it “examines the responsibilities of these executives”. It also urges the Executive to inform on the measures it is going to take so that the Spanish companies “cease their illegal activities in the occupied Palestinian territories and in Jerusalem in particular”.
In its response, registered last November 10, the Government limits itself to assuring that “the Protection and Promotion of Human Rights constitutes a cornerstone of Spain’s foreign policy” and that “the area known as ‘Business and Human Rights’ is one of the priorities of foreign action in the field of human rights”. “This priority applies to Spain’s foreign policy in all regions and countries of the world,” it continues. In addition, the Executive adds that “Spain rigorously follows the human rights situation in the Occupied Territories and maintains its position towards the Israeli settlements in the Occupied Territories, which are considered a violation of international law”.
The Ministry of Foreign Affairs warned Spanish companies in 2014 of the risks associated with economic and financial activities in Israeli settlements, “in line with the EU decision and as have Germany, the UK, France and Italy.” The EU and the United States do not recognize the Palestinian Occupied Territories, including the settlements, as Israeli.
