Al-Haq welcomes the decision of the Stadsregio Haaglanden of 23 May 2012 not to award Veolia Transport Nederland Openbaar Vervoer, a Dutch subsidiary of the Veolia Group, the public transport contract for all bus transportation in The Hague’s city district. The decision of the Dutch local authority for the urban district Haaglanden continues a trend of Veolia being excluded from contracts in other major urban centres across the globe, such as Victoria (Australia), London (United Kingdom), Stockholm (Sweden), Edinburgh (Scotland), Dublin (Ireland) and Bordeaux (France).

Earlier this month, prior to the Dutch local authority’s decision in the public transport tender, Al-Haq expressed its grave concern about the participation of Veolia Transport Nederland Openbaar Vervoer [see below]. In a press release issued on 2 May 2012, Al-Haq highlighted that Veolia’s participation in The Hague’s public transport tender was particularly problematic due to the city’s reputation as the “International City of Peace and Justice.”

Al-Haq’s recent advocacy efforts in The Hague are part of a long-term commitment to object to the activities of Veolia, a French multinational providing infrastructure through its subsidiaries to Israeli local authorities, for its involvement in the construction of the Jerusalem Light Railway linking West Jerusalem to illegal Jewish settlements in occupied East Jerusalem and elsewhere in the West Bank. On 14 April 2010, the United Nations Human Rights Council (UN HRC Resolution 13/7) specifically declared the Jerusalem Light Railway Way to be “in clear breach of international law and relevant UN resolutions.” Such infrastructure contributes to Israel’s illegal annexation of East Jerusalem and of other parts of the West Bank. Veolia, operating through a network of wholly- or partially-owned subsidiaries, also provides other infrastructural support to Israeli authorities, including the operation of the Tovlan landfill site in the Jordan Valley. The site is used to dispose of waste collected from Israel and Israeli settlements in the West Bank, including East Jerusalem.

In July 2011, the Stadsregio Arnhem Nijmegen, a Dutch local authority, decided to award a one-billion-Euro public transport concession to one of Veolia’s Dutch subsidiaries, Hermes. In response to the local authority’s decision, Al-Haq instructed Van den Biesen Boesveld advocates to submit a formal objection [see belwo]. In December 2011, the Commission of Appeals of the Stadsregio Arnhem Nijmegen denied Al-Haq standing and Al-Haq appealed the case before the Trade and Industry Appeals Tribunal (College van Beroep voor het Bedrijfsleven). A decision on the case is still pending.

In a letter of 25 March 2008 [see below], Al-Haq urged Dutch financial service provider SNS Bank/Asset Management to exclude Veolia Environnement SA from SNS portfolios after SNS Bank’s subsidiary, ASN Bank, had already divested itself of its holdings in Veolia. In 2006, ASN Bank sold all its Veolia shares because of Veolia’s participation in the construction of the Jerusalem Light Railway stating that “the project is not in line with the United Nation’s demand to stop all support for Israel’s settlement activities.” Furthermore, in a letter dating back to August 2007 [1], Al-Haq called on Veolia Environnement SA to discontinue its involvement in the Jerusalem Light Railway and other such infrastructure as part of Veolia’s commitment undertaken within the UN Global Compact and to halt its contribution to Israel’s ongoing violations of international law.

Al-Haq’s efforts directed at non-State actors are aimed at ensuring that they adhere to their ethical and legal commitment not to contribute themselves with Israel’s violations of international law, with a view to deterring further violations.

Monday, 28 May 2012 07:08 Ref.: 116/2012

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 Veolia Subsidiary Applies for Public Tender in “City of Peace and Justice”

As a Palestinian organisation dedicated to the protection and promotion of human rights in the Occupied Palestinian Territory (OPT), Al-Haq is gravely concerned about the participation of a subsidiary of the Veolia Group in the public transport tender in the city of The Hague. In a press release issued on 27 April 2012, the Stadsgewest Haaglanden, the Dutch local authority of the city of The Hague, announced that transport companies HTMbuzz and Veolia Transport Nederland Openbaar Vervoer are taking part in the public transport tender. The tender in question is to include all public bus transportation in The Hague’s city district.

Al-Haq strongly objects to the activities of Veolia Environment, a French multinational providing infrastructure through its subsidiary VeoliaTransdev to Israeli local authorities, for its involvement in the construction of a light rail tramway linking West Jerusalem to illegal Jewish settlements in occupied East Jerusalem and elsewhere in the West Bank. Such infrastructure contributes to Israel’s illegal annexation of East Jerusalem. Other companies within the Veolia Group provide transport and services, such as refuse collection, to illegal Israeli settlements in other parts of the West Bank.
Veolia Transport Nederland is a wholly-owned subsidiary of the French parent company, Veolia Environment, which means that the latter exercises full control over the company tendering. Taking into consideration that the Veolia Group presents itself internationally as a company that operates as a single corporate entity, thus including all subsidiaries, the Veolia Group as a whole will benefit from profits generated through the exploitation of the public transport concession for The Hague city district, should Veolia Transport Nederland be awarded the contract.

Participation of a company with a disputed reputation and involvement in illegal activities in the OPT in The Hague’s public transport tender is particularly problematic, due to the city’s reputation as the “International City of Peace and Justice.” Commenting on the issue, Al-Haq Director Shawan Jabarin stated: “How can the city of The Hague consider allowing its citizens and employees of international institutions, courts and tribunals tasked with contributing towards peace and justice world wide, to make use of a public transportation service which is operated by a company involved in violations of international law?”

In July 2011, the Stadsregio Arnhem Nijmegen, a Dutch local authority, decided to award a one billion Euro public transport concession to Hermes, the Dutch subsidiary of French multinational company VeoliaTransdev. In response to the local authority’s decision, Al-Haq instructed Van den Biesen Boesveld advocates to submit a formal objection against the decision of Stadsregio Arnhem Nijmegen.

Considering Veolia’s involvement in violations of international humanitarian law, Al-Haq calls on the Stadsgewest Haaglanden to promptly reconsider its association with the Veolia Group’s businesses and to immediately exclude Veolia Transport Nederland from the public transport tender. It is highly undesirable for the “International City of Peace and Justice” to enter into a contract with one of the subsidiaries of the Veolia Group, as its aspirations cannot be reconciled with the violations of international humanitarian law to which the Veolia Group is associated.

Wednesday, 02 May 2012 07:06 REF.: 97/2012

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 Al-Haq submits formal objection to €1bn public contract for Hermes

Al-Haq has instructed Van den Biesen Boesveld advocates, Amsterdam, to submit a formal objection against the decision of Stadsregio Arnhem Nijmegen, a Dutch local authority, to award a one billion Euro public transport concession to Hermes, the Dutch subsidiary of French multinational company VeoliaTransdev. The objection is based on Veolia’s involvement in Israel’s violations of international law in the Occupied Palestinian Territory (OPT).

The Dutch civil society organisations Palestine Committee Nijmegen (also representing the Network Working Together for Palestine) and United Civilians for Peace (UCP) together with A Different Jewish Voice have taken similar initiatives to challenge the decision. A hearing of the Committee that decides the objection will be held on 31 October 2011.

VeoliaTransdev, as part of the Veolia group, is involved in the construction of a light rail tramway linking West Jerusalem to settlements in occupied East Jerusalem, which are illegal under international law. Such infrastructure helps entrench Israel’s illegal annexation of East Jerusalem. Other companies within the Veolia group provide transport and services such as refuse collection to illegal Israeli settlements in other parts of the West Bank.
Commenting on the issue, Shawan Jabarin, Director of Al-Haq, said that the decision to award a contract to Hermes is tantamount to awarding a contract to the Veolia Group as a whole. “Given the important role played by the Veolia Group in the on-going violation of international law in the West Bank including East Jerusalem, one would have expected Stadsregio Arnhem Nijmegen to have exercised its discretion to award the contract to a firm that does not provide crucial infrastructural support for the continual violations of international law by Israel.”

The case is part of Al-Haq’s on-going efforts to ensure accountability for the many corporations that are involved in violations of international law in the OPT, and to enforce the legal duty that exists on third States to refrain from rendering assistance to Israel’s violations of international law.

Al-Haq looks forward to the Committee’s hearing of the formal objection and calls on the Committee to revoke the decision to award the contract to Hermes.

Wednesday, 12 October 2011 12:48 REF.: 324/2011

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 Re: Exclusion of Veolia Environnement SA from SNS portfolios

SNS Bank/Asset Management
Jacqueline Baijens
ESG-analist
Postbus 70053
5201 DZ ’s-Hertogenbosch
T +31 73 683 25 26
F +31 73 683 39 50

Dear Ms. Baijens,

As a Palestinian organisation committed to the promotion and protection of human rights in the Occupied Palestinian Territory (OPT), Al-Haq writes to you to urge SNS Bank to follow the brave decision taken by your subsidiary, ASN Bank, and exclude Veolia Environnement SA from your investment portfolios.

As you know, Veolia and its subsidiary Connex in 2005 signed an agreement with the government of Israel regarding the operation and maintenance of the Jerusalem Light Rail system, construction of which is now well underway. The building and operation of this transport system entails serious and widespread violations of international human rights and humanitarian law.

Palestinian East Jerusalem was annexed by Israel in June 1967 in violation of the most fundamental principles of international law. The prohibition on acquisition of territory by the threat or use of force is established as a norm of jus cogens, from which no derogation is permissible. Not one State outside Israel recognises this annexation as valid, and East Jerusalem legally remains part of the Occupied Palestinian Territory over which the Palestinian people hold an incontrovertible right to self-determination. Israel’s actions since 1967, however, have sought to further embed its control over occupied East Jerusalem. Indeed, over the last 40 years, Israel has acted in continued and unchecked defiance of the clear provisions of international law, and has to this day persisted in policies aimed not only at illegally securing a demographic superiority of the Jewish population in occupied East Jerusalem, but also at isolating East Jerusalem from the rest of the West Bank with which it is territorially, politically, socially and historically contiguous. This is done through the construction and continuing expansion of Jewish-Israeli settlements on occupied Palestinian land. Approximately a third of the land of East Jerusalem illegally annexed in 1967 was expropriated to build 12 settlements, now home to some 200,000 Israeli settlers. The majority of the remaining land of East Jerusalem was re-zoned so as to prevent Palestinian use, and in effect serves as a land reserve for further settlement construction and expansion. While Palestinians constitute over 50 percent of the population of East Jerusalem, only 7.3 percent of the land therein is available for Palestinian construction, most of which is already built-up.

The latest measure adopted by the Israeli authorities in consolidating its unlawful annexation of, and control over, occupied East Jerusalem comes in the form of the aforementioned Jerusalem Light Rail. As early as 2001, land belonging to Palestinians in the East Jerusalem neighbourhood of Shu’fat was confiscated by the Jerusalem Municipality for the future light rail. Construction of the first line of the system is now well underway; it is scheduled to begin operating between the illegal settlement of Pisgat Ze’ev in East Jerusalem and Mount Herzl in West Jerusalem, via the walls of the Old City and French Hill, in early 2009. This is but the first instalment of a masterplan for the broader Light Rail Transportation system, with seven lines slated for completion by 2020 to provide access from various illegal Israeli settlements in occupied East Jerusalem to the western part of the city.

That the Israeli settlements in East Jerusalem are illegal under international humanitarian law is indisputable, Article 49(6) of the Fourth Geneva Convention stating clearly that “the Occupying Power shall not deport or transfer parts of its own civilian population into the territory it occupies.” The Security Council of the United Nations has held that these unlawful settlements “constitute a serious obstruction to achieving a comprehensive, just and lasting peace in the Middle East” (see, for example Security Council Resolution 465).

The confiscation and requisition of property in occupied territory is also illegal under Article 52 of the Hague Regulations, unless justified by military necessity.

Thus any actors involved in an enterprise which recognises, assists and consolidates illegal settlements, as well as confiscates the land of the protected occupied population in the process, are complicit in the illegal actions.

Further, Veolia is a participant in the UN Global Compact, an international initiative bringing private companies together with UN agencies, labour and civil society to support universal human rights, environmental and social principles. This initiative has ten baseline principles at its core, the first two of which stipulate that participating businesses are to “support and respect the protection of internationally proclaimed human rights within their sphere of influence,” and “make sure they are not complicit in human rights abuses.” By knowingly and actively participating in a measure aimed at altering the status of the city of Jerusalem which consolidates the Israeli settlements to the detriment of the Palestinian right to self-determination, Veolia is acting in clear breach of these stipulations.

Al-Haq trusts, therefore, that SNS Bank will uphold its ethical and legal commitment not to contribute to or associate itself in any way with a company that is actively complicit in Israel’s continuing violations of human rights and humanitarian law in East Jerusalem. We look forward to hearing that SNS will stand behind the principles of justice and human rights by excluding Veolia from its portfolios. Should you require any additional information please do not hesitate to contact us.

Yours sincerely,

Shawan Jabarin,
General Director,
Al-Haq

Tuesday, 25 March 2008 07:51

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