Lawyers for Palestinian Human Rights

Israeli settlements in the Occupied Palestinian Territory (OPT) are illegal under International law, as confirmed by the International Court of Justice in its Advisory Opinion of 9 July 2004 on the separation barrier in the West Bank. Produce of illegal Israeli settlements is imported and readily sold in UK supermarkets, such as Tesco, Sainsbury’s and Somerfield. That produce is regularly labelled misleadingly as originating in the ‘West Bank’.

Lawyers for Palestinian Human Rights (LPHR) are concerned that importing such produce is wrong in principle; and where it is allowed into the EU, the mislabelling of this produce confuses and/or misleads consumers who, were they informed of its true origin, may not wish to buy such produce.

Four firms of solicitors, Christian Khan, Hickman & Rose, Leigh Day and Public Interest Lawyers are seeking advice from expert counsel on a range of issues, including the question of the sale of these products. Kieron Beal of Matrix Chambers has advised that retailers may be at risk of prosecution under domestic law as a result of untruthful and/or misleading declarations of origin of produce coming from the OPT. Extracts from his advice are attached.

On the basis of that advice, LPHR made submissions to the Joint Committee on Human Rights, as a contribution to its inquiry into business and human rights. LPHR also made submissions to the Foreign and Commonwealth Office and the Department for Environment, Food and Rural Affairs who are in the process of compiling Guidelines on the Labelling of goods from the OPT.

We call on the OFT, who, with the local weights and measures authorities, are responsible for the enforcement of the relevant measures, to take enforcement action against offending retailers and to consider seeking injunctive relief directly against certain retailers to prevent further or continuing violation of the relevant provisions of UK and Community law.

We are also concerned about the possible abuse of the preferential origin system by Israeli exporters, which may amount to outright fraud in some cases, and have asked Government officials to urgently consider referring the matter to the Anti-Fraud Office of the European Commission (‘OLAF’). LPHR’s view is that the relevant authorities should:

Commit to working towards a total ban on all settlement produce.
Failing (or pending) this we call for
(a) the full implementation of existing EU and UK law so that settlement goods are not imported tariff free into the EU; and

(b) A cessation of misleading labelling of goods from the settlements as from the ‘West Bank’.

Clearly, retailers will more readily comply with the relevant legislation if pressurised to do so by the enforcement authorities and members of the public.

We have given a candidate MEP from each of the main parties the opportunity to outline their position on the status of these goods in the European Union in view of the forthcoming election on 4 June 2009 at a public meeting hosted by LPHR on 2 June 2009 at Garden Court Chambers from 6.30pm onwards. Kieron Beal of counsel will be one of the speakers.

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Website: www.lphr.org.uk