February 18, 2024
Dear President/CEO Hutcheson and COO Aziz,
We further clarify and emphasize that:
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 clarification about investments held by OMERS.
February 13, 2024
Blake Hutcheson
President and Chief Executive Officer, OMERS
Bob Aziz
Chief Operating Officer, OMERS
Dear President/CEO Hutcheson and COO Aziz,
We are writing to you with regard to OMERS 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 the public sector pension plan portfolio may facilitate activity that constitutes a war crime under international law.
Based on filing OMERS most recent filing with the UNITED STATES SECURITIES AND EXCHANGE COMMISSION FORM 13F, OMERS seems NOT to be directly invested in any companies 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.
We were pleased to see no direct investment in any of these 97 companies and ask that all indices be reviewed to ensure they do not include any investments in any of these companies, or that no investments have been made subsequent to the last public reporting that would include any of these funds.
Our analysis of OMERS Form 13F does show that OMERS invested in several companies deemed by AFSC Investigate or 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.
Specifically:
| Company | Value (Canadian Dollars) | # Shares: |
| Alphabet | $237,919,183 | 1,818,120 |
| Chevron Corp | 111,255,476 | 659,800 |
| Honeywell Intl Inc* | 112,316,378 | 607,970 |
| Total | $461,491,037 | 3,085,890 |
*World BEYOND War
Total for these investments is $461.5 Million.
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. Honeywell Intl Inc was identified by War BEYOND War.
As a result:
1. We would ask that the OMERS take immediate steps to ensure that it has no investments in companies on the UN Database including in any indices. We 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.
2. Divest from companies identified by AFSC Investigate, Who Profits or other verified sources as being complicit with supporting war crimes (Israeli military, arms to Israel, settlements)
3. 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 Canada’s public pension fund investment.
We ask the OMERS 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, and the Canadian Lawyers 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 the OMERS would not want to have any companies within its portfolio that would be a violation of international law.
The OMERS is entrusted with fiduciary trust of a 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 were very relieved to see no investments in companies identified by the UN on its database as being complicit with support to the Israeli military or Israeli illegal settlements (aka war crimes).
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.
We would hope that given a fund worth over $100 B you would take steps to ensure that it is not tainted with any investments in companies complicit with war crimes.
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).
