April 2012 Dear , I write to you as a candidate in the forthcoming local election regarding Birmingham City Council’s waste management contract with Veolia Environmental Services. This is a multi-million pound contract and as a Council taxpayer I believe that the Council has a responsibility to interrogate ethics and business practice of a major contractor for the Local Authority. I am seeking your support and commitment to call for a scrutiny review of Veolia’s suitability as a contractor with Birmingham City Council and to call the Company to account for its breach of international humanitarian law through its commercial activities in the Occupied Palestinian Territories. We believe this request is consistent with the spirit of the All-party motion passed in full Council on 13th January 2009 following Israel’s attack on Gaza. There are significant grounds for a Scrutiny review to consider which we set out below: 1. Violation of International Law Veolia and its subsidiary companies are working in the Occupied Territories of Palestine to provide infrastructure projects for illegal settlements and in so doing are complicit in Israel’s crimes under international law, specifically the Fourth Geneva convention articles 49 and 53, the Hague Conventions 1897 and 1907 and contrary to six UN Security Council Resolutions. Security Council resolution 465 unanimously: “Calls upon all States not to provide Israel with any assistance to be used specifically in connection with settlements in the occupied territories.” Veolia is complicit in supporting Israel to break international law in the Occupied Territories of Palestine by servicing transport and waste agreements for illegal Israeli settlements in the following ways: 1. 2. 3. 4. Veolia was a lead partner in the Citi-pass consortium which constructed the Jerusalem Light Railway specifically linking illegal settlements in East Jerusalem with West Jerusalem. Veolia will assist in running the Jerusalem Light Railway and its discriminatory operational recruitment campaign excludes Palestinians by requiring candidates to speak Hebrew as mother-tongue and past military/ civic service. Past military/ civic service discriminates against Palestinians both in occupied Jerusalem and the West Bank as well as those living in Israel because they do not serve as conscripts; civic duties are managed by bodies directing work almost entirely within Jewish communities. Veolia subsidiary Connex runs two bus services which use roads linking illegal West Bank settlements built on Palestinian land. Veolia subsidiary TMM has been operating the Tovlan landfill site which processes waste from illegal settlements and is located in occupied territory, Veolia continues in a consultancy role to the current owners – the illegal settlement itself. Illegal settlements by Israel in the Occupied Territories are not only illegal they also have a serious daily impact on Palestinian communities close to where they are sited including: • • • • • • • 2. land and property theft and destruction reduced water supply reduced access to farm land settler destruction of crops restricted movement of Palestinians hindering access to health, education and social resources increased risk of violence against civilians pollution of Palestinian land with settlement sewage. The position of the UK Government Veolia’s commercial activities are also undermining and counter to the foreign policy of the UK Government in the region. The key aspects of this policy are set out below: The Foreign Office states: “Attempts by Israel to alter the character or demography of East Jerusalem are unacceptable and extremely provocative. Settlements, as well as the evictions and demolitions of Palestinian homes in East Jerusalem are illegal.” Alistair Burt, U.K. Minister for The Middle East,speaking while on a recent visit to The West Bank, declared: “Our position on settlements is generally well known. We hold settlements to be illegal in the Occupied Territories.” UK is a High Contracting party to the Geneva Conventions which means: “Each High Contracting Party shall take measures necessary for the suppression of all acts contrary to the provisions of the present Convention” 3. Veolia’s suitability as a contractor Under the Public Services Regulations (2006) specific section Regulation 23(4)(e) states that the Council can “treat an economic operator as ineligible or decide not to select an economic operator” on the grounds of grave misconduct.” Veolia’s commercial activities in the Occupied Palestinian Territories should be investigated by Birmingham City Council to enable the Council to consider whether Veolia’s breach of international humanitarian law and UN Security Council resolutions constitutes ‘grave misconduct’. A scrutiny review should give consideration to the suitability of Veolia as a future contractor with the City Council and should review the current contract with Veolia. I would be grateful if you could confirm your response to this letter in writing. Yours sincerely