Student Chapter at the University of Arizona - James E.

Rogers College of Law

NATIONAL LAWYERS GUILD

Robert Shelton,President the Universitv of Arizona of Office of the President Administration Building,Room712 1401EastUniversityBoulevard P.O. Box 210066 Tucson, Anzona 857 -0066 2l E-contact:robert.shelton @arizona.edu February 14,2010 Dear PresidentShelton: The National Lawyers Guild StudentChapter at the University of Arizona - JamesE. Rogers College of Law appreciates attention you have given to the University Community foi the Human Rights' (UCHR) current divestmentcampaign. Specifically, we are encouragedthat you choserecently to participatein discussionswith UCMLHRI to discussthe Committee's "srave concerns" about the University's contractswith Motorola and Caterpillar. We wholeheartedlysupport the divestmentcampaignled by our fellow studentsin the UCHR, which aims to hold Caterpillar and Motorola, businesspartnersof the UA, accountablefor their grave human rights abusesunder international law. encourageyou, as Presidentof our university, to severthe UA's contractswith Motorola and Caterpillarbasedon eachcompany'sinvolvementin the U.S.- backedIsraeli occupationof Palestineand the correspondinghuman rights abuseswhich we regard as being in irect conflict with the University's Mission Statement and policies. Motorola Motorola is a known human rights violator, which, through its contractswith the Israeli government,is complicit in premeditatedmasskilling of civilians by Israel in its military assault on Gazalast year, accordingto the reliable and accuratereports of leading world-monitoring group, Human Rights Watch.l Motorola also contractscruial communictionstechnologiesfor the Israeli military in maintaining Israel'soccupationof Palestinianlives and lands in Gaza,the West Bank, and East Jerusalem.' Caterpillar Regarding Catelpillar, in a letter dated December 3I,2009 addressed the UCHR, the New to England Conferencefor the United Methodist Church, lvrote: "For yearschurchesand human rights groups have met with Caterpillar and submittedresolutionsurging it to stop providing bulldozers that demolish Palestinianhomes.During this time, Caterpillar has deepened its involvementwith the occupation." 'We

lz0lB.Speedway' Tucson, 85719 AZ

Angela hrg, Co-chair longa@emai.arizona.edu Chadotte Merrill, Co-chair chadotte.merrill@gmail. com

StudentChapter at the University of Arizona - JamesE. RogersCollegeof Law Both companiesalso assistthe constructionand maintenanceof the SeparationWall built in and around Palestiniancommunities in the occupiedWest Bank. In July of 2004, the UN International Court of Justicedeclaredthe wall to be unlawful. And in February of that same year, the International Red Crosscondemnedthe wall's constructionas detrimental to the health and collective rights of Palestiniancivilians, demandingthat Israel immediately ceaseits construction.' As UA studentsand Guild members,we have a particular stakein the global call for justice in Palestine/Israel. 2007, the NLG becamea member of the "Israeli Accountability Project" of In the U.S. Campaignto End the Israeli Occupation a D.C.-based coalition of 320 organizations throughout the country joined to inform, educateand mobilizethe American public so as to changethe U.S. role in the Israeli-Palestinianconflict to supportpeace, justic, human rights, and international law. Our membersstrongly support Palestinianrights and internationallaw, and opposethe U.S.backedIsraeli aggressionthat has long been dismissedor ignored by much of ttt" domestic establishment. As reflected in the publication of Jimmy Carter'sbook, Palestine: peace Not Apartheid, however, the climate in this country is gradually changing.Open, honestdiscussion of the United States'support for Israel is spreading.And not a minute to soon, given the terrible suffering that Israel, with US support,continuesto inflict in Palestineand Lebanon.in the name of security By using your leadershipto severthe University's contractswith Caterpillar and Motorola, you will be supporting UA's own internal principles, as well as moral decencyand international law. UA has divestedfrom companiesthat were involved in illegal activities in the past and should do so again.On September 1985,the UA, along with ASU, was orderedby the Arizona Board of 6, Regentsto divest millions of dollars in holdings from apartheidSouth Africa.a The UA's most recent co{poratedivestmentdecision that involved international law violations was last Spring (2009), when the UCHR, with fellow studentsin Sweatshop-Free Coalition (SFC), and the faculty-basedUniversity Committee for Monitoring Labor nd Human Rights Issues(UCMLHRI), successfullylobbied the University to divest its contractualrelationship with the garment company Russell Athletic, (owned by Fruit of the Loom, Inc.,) due to violations of the UA code of conduct and various international labor and human rights standards in its factories in Honduras. We were honored that the University of Arizona terminatedits contract with Russell at the beginning of July, 2009, for tailing "to achieveimplementationof a remediation plan" imposed on the company for its violation of our university's Code of Conduct in its labor abusesin its factories in Honduras,indicating a "interestin reconsideringthe termination decision if Russell can demonstratefull compliance."5At the end of the Russell affair (20 October 2009), the University officially statedthat it "will continue to work" with the appropriatelabor and human rights monitoring bodies "to hold corporationsaccountablein supporting-" intemational

NATIONAL LAWYERS GUILD

lz0lB,Speedway' Tucson, 817lg AZ

Angela Longr Co-chair longa@emas1. ona.edu anz Chadotte Metrill, Co-chair charlotte.menill@gmail. com

Student Chapter at the University of Arizona - JamesE. RogersCollegeof Law humanitarianand human rights standards.6'We calling on you to follow precedentand live up are to thosewords in this case. The University of Arizona's Mission Statementsetsout its two-part mission as an educational and public service institution: to "improve the human condition," and to "enrich communities around the stateand aroundthe world." The University's Policy on CorporateRelationsfurther stateshow the UA's Mission is to be carried out in its businessdealings: "To accomplishits mission as an objective and impartial purveyor of truth. ..the University of Arizona should conduct its businessdealingsso as to model behavior which is undeniably abovereproach." The Policy further statesthat thosepersons responsiblefor entering into arrangements with commercial interestsare expectedtobe "alert to all signfficant consequences possible subsequent and actions," and that thosepersonsmust exercisereasonable caution "to prevent decisionsthat could destroy the ability of the University to remain a symbol of hope and truth." (Emphasisadded.) Becausewe perceive the Caterpillar and Motorola contractsto be in direct conflict with both the University's Mission and its Policy on CorporateRelations, as well as contrary to the rulings of the International Court of Justiceand a moral outragethat reflects poorly on studentsand all 'We University constituents,we ask you to severcontractswith Caterpillar and Motorola. also urge you to set up an investment screenwith regard to the Occupationto ensurethat the UA does not associate itself with any other company that violates international law in the OPT in negotiatingnew contracts. The NLG law studentshope that our efforts and the efforts of UCHR and UCMLHRI will push our university and our country, with Israel, to move toward a just peaceand respectfor human rights. Our ability to realizethis goal dependson your action. To this end, we would like to invite you to learn more about the U.S. Campaignto End the Israeli Occupationby meeting with Katherine Fuchs,the Campaign's national organizer,when she visits our campuson Thursday,February 25,2010. NLG and UCHR are willing to facilitate arranging such a meeting at your request. We look forward to continuing dialogue on campusto bring this tragic situation to an honorable resolution. Thank you for your time and attention,

NATIONAL LAWYERS GUILD

Angela Long

Charlotte Menill

l20l,.Speedway' Tucson, 85719 AZ

Angela Long, Co-chair Longa@ emad,. o na.edu anz Charlotte Merrill, Co-chair chadotte.merrill@gmail. com

StudentChapter at the university of arizona - JamesE. Rogerscollege of Law

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NATIONAL LAWYERS GUILD

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HRW article, "Remote Control Death," 20 Mach 2009. Online. Accessible: hy. org/en/ne ws/2009/03/20lremote-control-death New England Conferenceof the United Methodist Church Divestment Task Force Report Recommendations,Nov. 2007. Online.Accessible: httn://wwwneumc.org/pages/detaiVl 78

ICJ Reports of Judgments,Advisory Opinions and Orders, "Legal Consequences the Construction of a Wall in the of Occupied PalestinianTerritory," 9 Jtty 2004. Ontine. Accessible: http://www.iCj-

cij.org/dockelfiles/1 1i I 671.pdf 3
The Court ruled that "Construction of the wall within the Occupied Territories severelyimpedes on the Palestinianpeople'sright to self-determination and is therefore a breach oflsael's obligation to respecttht rigit." The ICJ therefore proclaimed that the entire international community is, at a minimum, under legal and morl obligatin "not to recognize the illegal situaton resulting from the wall and not to render aid or assistance maintaining the situationreatedby such in construction," as well as "to ensurecompliance by Israel with intemational humanitarian law as embodied in [the Fourth Geneva] Convention," relative to the Protection of Civilian Personsin Time of War. See also, "Red Cross condemnsIsraeli wall,"

Independent,l9 20M. February online. Accessible: http://www.independent.co.uk/news/world/middleeaslred-cross-condemns-israeli-wall-570485. html

I'ee Mitgang, "More Colleges Unloading South Africa," Gettysburg Times,76 September1985. Online. Available:

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"UA to Discontinue Relationship Russell with Corporation," News,13 luly 2009. UA Online.Accessible: http://uanews. org/node/263 95 "Russell's ReignOfficiallyComes anEnd,"Wildcat, October to 20 2009. Online. Accessible: htto:i/wildcat.arizona.edu/news/russell-s-reien-officially-comes-to-an-end1.792933#5

I20lE.Speedway' Tucson, LZ 85719

.{ngela Long, Co-chair longa@ematl. ona.edu anz Charlotte Merrill, Co-chair charlotte.merrill@gmail. com