February 18, 2024
Dear CEO Shauna Lukaitis
We further clarify and emphasize:
The International Centre of Justice for Palestinians – Canada (“ICJP – Canada”) has provided the Government of Canada with notice of intent to seek the prosecution of Canadian officials who are allegedly complicit in Israel’s war crimes. ICJP Canada is also considering expanding the scope of its initiative to pursue accountability of Canadian companies who are allegedly complicit in Israel’s war crimes. Like Canada’s Crimes Against Humanity and War Crimes Act, the Rome Statute of the International Criminal Court applies to both state actors and private individuals. The latter makes it an offence to, “aid, abet or otherwise assist,” in the commission of war crimes and crimes against humanity.
We look forward to any further information you might provide in regard to BCI investments.
February 13, 2024
Shauna Lukaitis
Chief Operating Officer BCI
Dear CEO Lukaitis,
We are writing to you with regard BCI investment in funds related to Israeli-occupied Palestine and Israeli-occupied Syrian Golan Heights.
We have been monitoring the human rights situation in the occupied Palestine territory (oPt) and the occupied Syrian Golan and are concerned that investments within public sector pension plans that may facilitate activity that constitutes a war crime under international law.
Based on BCI’s most recent filing with the UNITED STATES SECURITIES AND EXCHANGE COMMISSION FORM 13F, BCI seems to be invested in five companies that are listed in the United Nations (UN) Database of companies complicit with human rights violations
The UN Database was released on February 12, 2020 in the Report of the United Nations High Commissioner for Human Rights (A/HRC/43/71) after the independent international fact-finding mission to investigate the implications of the Israeli settlements on the civil, political, economic, social and cultural rights of the Palestinian people throughout the oPt, including East Jerusalem. There are current 97 companies included on the UN list.
This investigation followed the United Nations Human Rights Council Resolution 31/36 which defined the Database by reference to specific human rights violations include the following:
(a) The supply of equipment and materials facilitating the construction and the expansion of settlements and the wall, and associated infrastructure.
(b) The supply of surveillance and identification equipment for settlements, the wall and checkpoints directly linked with settlements;
(c) The supply of equipment for the demolition of housing and property, the destruction of agricultural farms, greenhouses, olive groves and crops;
(d) The supply of security services, equipment and materials to enterprises operating in settlements;
(e) The provision of services and utilities supporting the maintenance and existence of settlements, including transport;
(f) Banking and financial operations helping to develop, expand or maintain settlements and their activities, including loans for housing and the development of businesses;
(g) The use of natural resources, in particular water and land, for business purposes;
(h) Pollution, and the dumping of waste in or its transfer to Palestinian villages;
(i) Captivity of the Palestinian financial and economic markets, as well as practices that disadvantage Palestinian enterprises, including through restrictions on movement, administrative and legal constraints;
(j) The use of benefits and reinvestments of enterprises owned totally or partially by settlers for developing, expanding and maintaining the settlements.
UN Security Council resolution 2334 (2016) reaffirmed that settlements have no legal validity and constitute a flagrant violation under international law.
BCI investments that are on the United Nations Database:
BCI based on its UNITED STATES SECURITIES AND EXCHANGE COMMISSION FORM 13F filing is invested in the following companies that are listed on the UN Database of business enterprises considered to be in violation of international law.
| Company | Value (Canadian Dollars) | # Shares |
| AirBNB (e) | $ 5,148,531 | 37,523 |
| Booking Holdings (e) | 130,321,559 | 42,258 |
| Delta (g) | 540,126 | 14,598 |
| Expedia Group (e) | 1,336,509 | 12,967 |
| Motorola Solutions Inc (b) | 4,151,660 | 15,250 |
| Total | $ 141,498,385 |
Note: information about the companies, verified by Who Profits, an independent Israeli research organization as per links provided with each of companies listed.
You can review the details associated with each of these companies listed on the United Nations High Commissioner for Human Rights report. You will note that all have been complicit under reasons cited.
Given that the aggregate investments are a very small proportion of BCI over $200 B portfolio portfolio, it seems it is an easy move for BCI to divest from companies that have been named as complicit in acts contributing to the maintenance of illegal settlements.
Beyond this, our analysis of BCI’s Form 13F shows that BCI is invested in at least 13 additional companies deemed by AFSC Investigate and several other sources to have substantial, ongoing, and intentional complicity in severe violations of human rights and international law related to occupied Palestine and the Syrian Golan.
These include:
| Company | Value | # Shares: |
| Alphabet – part 1 | $ 63,505,157 | 481,647 |
| Alphabet – part 2 | $ 117,154,770 | 895,268 |
| Chevron Corp | $ 27,838,993 | 165,099 |
| Cisco SYS Inc | $ 38,177,073 | 710,139 |
| Exxon Mobil Corp | $ 43,242,632 | 367,772 |
| General Electric | $ 10,945,777 | 99,012 |
| Hewlett Packard | $ 2,029,320 | 116,829 |
| L3Harris Technologies | $ 28,335,766 | 162,737 |
| Lockheed Martin | $ 8,474,878 | 20,723 |
| Northrop Grumman | $ 5,778,814 | 13,128 |
| Textron | $ 1,433,791 | 18,349 |
| Valero Energy | $ 4,659,283 | 32,879 |
| Honeywell Intl Inc * | $ 39,735,619 | 215,136 |
| Teva Pharmaceutical Ltd.** | $ 113, 280 | 11,302 |
| Total | $ 391,311,873 |
The above companies are included in AFSC Investigate with the exception of these which were specifically included in:
*World BEYOND War
**Who Profits
A number of these companies have been identified in Who Profits and/or World BEYOND War as well as AFSC Investigate.
A number of these companies that complicit in the arms trade with Israel and/or Israel’s military operations and/or settlements.
The total for BCI investments in the 18 companies listed in the UN database and these other verified sources is $532.8 Million based on BCI’s last filed Form 13F.
Note: information about the mentioned companies have been verified by Who Profits, an independent Israeli research organization and/or the American Friends Service Committee “Investigate” as per links provided with each of the companies listed.
This would appear to represent about 2.5% of BCI’s over $20B investments. Investments of 11 public sector pensions representing 725,000 beneficiaries, as well as others.
As a result:
1. We would ask that the BCI take immediate steps to divest from these funds, and to do a review to ensure no other investments are included now or into the future from the UN Database.
2. We also note that companies from the UN Database in the may be included in other indices, and so would ask that you review your current holdings and remove any that have companies from the UN Database, and put a transparent public process in place to ensure that these funds do not include any investments from the list going forward.
3. That BCI divest from the named companies that are verified through sources such as AFSC Investigate and Who Profits, and identified by World BEYOND War, and other sources related to support for the Israeli military and settlement. We ask that BCI take steps to divest from all companies complicit with war crimes.
4. Put in place a transparent process to ensure that companies are vetted for violations of human rights and international law. This would involve reporting back publicly on the review you committed to undertake.
The concerns that we raise are in the broader context of ethical investment related to BCI public sector pension fund investment.
We ask the BCI to take all steps necessary to ensure that the activities of all companies included in all of its portfolio are in compliance with international law governing war crimes. We remind you that in Canada, parties that are complicit in war crimes are liable to criminal prosecution under the Crimes Against Humanity and War Crimes Act,[1] including corporations.[2]
Also, we remind you that under Article 1 of the Fourth Geneva Convention, all high signatories in which Canada is one, are required to take actions to ensure that violations of the Fourth Geneva Convention do not occur under any circumstance.
We further remind you that, ever since the Quebec Superior Court’s decision in Bil’in (Village Council) v. Green Park International Inc.,[3] it is also possible for a corporation to be held liable in a civil lawsuit in Canadian courts for complicity in a war crime. Although the Bil’in case was dismissed on jurisdictional grounds, Canadian courts in recent years have shown increasing willingness to assert jurisdiction over the overseas activities of Canadian companies where violations of human rights and international law are concerned,[4] and it is far from certain that the same result would be obtained now.
We also remind you that the International Court of Justice (ICJ) has made a provisional ruling related to South Africa’s submission in regard to Israel committing genocide, and that Nicaragua has submitted a case to the ICJ in regard to Canada’s complicity with genocide. As well, ICJP Canada has provided notice of intent to Canadian officials to proceed to the International Criminal Court, and the Canadian Lawyer for International Human Rights has provided notice to the Canadian government in regard to prosecution related to export of arms to Israel.
We are sure that BCI would not want to have any companies within its portfolio that would be a violation of international law.
The BCI is entrusted with fiduciary trust of a large public pension plan and would be expected to undertake enhanced due diligence to ensure that its investments in conflict affected areas are in line with Canada’s responsibility under international and domestic law.
We would be grateful for any information you could provide us in response to our concerns, and if you would like to discuss the matter further, we are available to meet with you.
Response can be made to:
Just Peace Advocates/Mouvement Pour Une Paix Juste
[1] S.C. 2000, c. 24.
[2] R.S.C., 1985, c. C-46, ss. 22.1-22.2.
[3] 2009 QCCS 4151 at para. 176.
[4] See e.g. Garcia v. Tahoe Resources Inc., 2017 BCCA 39; Araya v. Nevsun Resources Ltd., 2017 BCCA 401 (pending appeal on different issue).
