The Case Against Ahava Dead Sea Laboratories
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By Nancy Kricorian, January 1, 2010
Ahava Dead Sea Laboratories (www.ahava.co.il)
is a privately held Israeli cosmetics company that manufactures
products using minerals and mud from the Dead Sea. The
company’s main factory and its visitors’ center
are located in the Israeli settlement of Mitzpe Shalem
in the Occupied West Bank. (All Israeli settlements in
the West Bank are illegal under international law. Article
49 of the Fourth Geneva Convention states that, “The
Occupying Power shall not deport or transfer parts of
its own civilian population in the territory it occupies.”)
37% of the company shares are held by the settlement of
Kibbutz Mitzpe Shalem, 37% by Hamashbir Holdings
(the investment fund of B. Gaon Holdings and the Livnat
family), 18% are held by Shamrock Holdings (the
investment fund of the Roy E. Disney family), and 7%
by the West Bank settlement of Kibbutz Kalia. (See www.whoprofits.org/Company%20Info.php?id=575
for this and other information on the company.)
The settlements of Mitzpe Shalem and Kalia are cooperative
companies owned by the settlers living in them, and together
they own 44% of Ahava. Both of these settlements are deep
inside Palestinian territory. Mitzpe Shalem is about 9
km from the Green Line and Kalia is 30 km from the Green
line. Ahava profits are therefore subsidizing these illegal
settlements and their residents. According to mapping
done by Adalah, The Legal Center for Arab Minority Rights
in Israel (www.adalah.org),
formerly there were a few Palestinian communities on the
lands on which these two settlements are located: Nabi
Musa where Kalia is now situated and 'Arab al-Ta'amira
near Mitzpe Shalem.
A person of any nationality can establish a factory in
any country, but if one does so, he or she must generally
pay taxes to the local government and comply with local
laws. Ahava’s manufacturing plant is within occupied
Palestinian territory and yet it neither pays taxes to
the Palestinian Authority, nor does it get its license
to operate from the Palestinian Authority.
Not only does Ahava profit from the occupation by locating
its main plant and store in an illegal Israeli settlement,
it also uses in its products mud from the Dead Sea, excavated
in an occupied area, and thus it exploits occupied natural
resources for profit. The mud that is used in the Ahava
products is taken from a site that is next to the settlement
of Kalia. This “pillage”
or “plunder” is
illegal under international humanitarian law, specifically
under Articles 23, 53 and 55 of the Hague Regulations;
Articles 51 and 53 of the 4th Geneva Conventions; and
Article 8(2)(b) of the Rome Statue of the International
Criminal Court.
Ahava products are labeled as ‘Product
of Israel,’ but according to international
law, including the relevant UN Security Council Resolutions,
the West Bank cannot be considered to be part of the State
of Israel. This misleading labeling makes it difficult
for consumers to identify the actual source of the products
they are purchasing. There are many consumers who buy
Israeli-made products but who would not purchase a product
that they knew to be made in Israel’s illegal settlements
in the West Bank. The settlements are an impediment to
a just peace in the region, and the Israeli companies
that base their operations in the occupied West Bank are
considered to be war profiteers.
Before CODEPINK launched
its Stolen Beauty AHAVA boycott
campaign, we sent a “fact-finding
mission” to Mitzpe Shalem. Two CODEPINK
activists visited the Ahava factory at Mitzpe Shalem in
early June 2009. They observed that many of the employees
at the factory were Russian immigrants who were bused
in from communities near Jerusalem. They also noticed
that a large, new wing of the factory was under construction.
A journalist from the American-Jewish online daily magazine
The Tablet who wrote an article in August 2009 about CODEPINK’s
Stolen Beauty boycott campaign (http://www.tabletmag.com/news-and-politics/14526/pink-panthers/)
received no reply from the Ahava about its illegal practices
in response to his queries, but an Israeli government
spokesman offered this answer: “The
Palestinians did nothing with this land when they had
it…And the Palestinians still have access to the
Dead Sea. If they wanted to, they could set up a factory
themselves.” This response was at best disingenuous,
as it has been well documented that Palestinian access
to the Dead Sea for even a day at the beach is highly
restricted by the Israeli Defense Forces and Israel’s
extensive system of roadblocks throughout the Occupied
West Bank. As just one example, an article from The Independent
headlined “Palestinians barred from Dead Sea beaches
to appease Israeli settlers” (http://www.independent.co.uk/news/world/middle-east/palestinians-barred-from-dead-sea-beaches-to-appease-israeli-settlers-846948.html),
outlines how difficult it is for Palestinians to reach
the shores—the very same shores that are being exploited
for profit by Ahava.
In November 2009, the Dutch Foreign Minister agreed to
launch an investigation into the conditions under which
Ahava products are made to ascertain whether the company’s
location and practices contravened international law and
European Union labeling regulations (http://international.sp.nl/bericht/38459/091113-israeli_products_from_occupied_territories_minister_agrees_to_sp_request_to_investigate.html
and http://www.allvoices.com/contributed-news/4619649-dutch-government-to-investigate-israeli-settler-products).
Immediately after this announcement from the Dutch government,
the Israeli peace group Gush Shalom sent an open letter
to Ahava’s management calling on them to “read
the writing on the wall” and move the factory out
of the Occupied West Bank
(http://zope.gush-shalom.org/home/en/channels/press_releases/1258534724/
and http://www.ynetnews.com/articles/0,7340,L-3806790,00.html).
In response to the growing controversy, Ahava went so
far as to defend its theft of Palestinian resources by
claiming that "The Dead Sea
and its treasures are international and do not belong
to one nation.” That statement, of course,
makes mockery of international law.
With additional specious logic, Ahava’s statement
went on, “The company was founded
out of love for the magical environs of the Dead Sea and
throughout the years has been driven by a deep passion
to reveal the secrets of the minerals' rejuvenating effects
on the skin. Therefore, the natural location of the factory
is along the western shore of the Dead Sea."
There is nothing either loving or magical about Ahava’s
locating its factory on occupied land, nor does the mud
that Ahava excavates to use in it products belong to more
than one nation. Until Ahava Dead Sea Laboratories adheres
to relevant human rights and international laws, CODEPINK
is calling on people of conscience to boycott Ahava products. |
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