BDS declared illegal for all cities in Chile

It is illegal for municipalities to boycott Israel, the Chilean National Comptroller determined this week.

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December 6, 2018 20:16
2 minute read.
Hernán López, Executive Director of CCHIL (Left) and Gabriel Colodro, President of CCHIL (right)

Hernán López, Executive Director of CCHIL (Left) and Gabriel Colodro, President of CCHIL (right). (photo credit: CCHIL)

 
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It is illegal for municipalities to boycott Israel, the Chilean National Comptroller determined this week.

The comptroller’s decision followed complaints from Shai Agosin Weisz, president of the Chilean Jewish community, as well as the Chilean community in Israel about the Valdivia municipality’s decision to ban the city from signing contracts with any company linked to Israel.

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Valdivia called on Israel’s ambassador to Chile to be expelled and declared itself to be “the first municipality in Latin America free of Israeli apartheid.” The municipality’s decision accused Israel of ethnic cleansing and confiscation of Palestinian land.

The complainants said the ban violates equality before law, as well as discrimination in economic matters.
Chile is thought to be home to the largest Palestinian diaspora community outside of the Middle East, including over 500,000 people according to some reports. According to the World Jewish Congress, there are 18,000 people who identify as Jewish in Chile.

In the decision, the comptroller determined that, while the Chilean constitution gives local government a degree of independence, it is the job of the head of state to conduct relations with foreign powers, and municipalities do not have the legal authority to do so. As such, Valdivia’s boycott of Israel is not legal.

In addition, anyone participating in a government bidding process is legally ensured “equal and non-discriminatory treatment” under Chilean law. The law also prohibits “arbitrary discrimination that is based on considerations such as nationality and that cause a deprivation, disturbance of threat of the exercise in fundamental rights,” the comptroller wrote.


Gabriel Colodro of the Chilean Community of Israel (CCHIL) said they are “pleased to receive the positive response of the Chilean National Comptroller declaring that boycotts against Israel are illegal in the municipal field.”

CCHIL filed three out of four complaints against the boycott, with support from ACOM, an organization seeking to strengthen ties between Israel and Spain.

Still, Colodro warned that the Chilean Congress approved a motion to boycott Israel last week. The resolution declared east Jerusalem to be the Palestinian capital without any mention of western Jerusalem being Israel’s capital, a demand to recognize pre-1967 lines as the border, and accusing Israel of being an apartheid state.

“This will be voted on as a law soon, and it is in our hands to continue the path of seeking justice, fighting antisemitism and improving relations between our two countries,” Colodro said.

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