Boycott, Divestment, Sanctions (if you’re allowed): Anti-boycott laws in Kansas and Missouri that force large companies to swear an oath to israel.

As the U.S. funded israeli-genocide of Palestinians continues, the number of Palestinian martyrs since Oct. 7th surpasses 12,000: a death toll that includes mostly women and children.

Many of those who oppose israel’s occupation of Palestine––and, thus, its subsequent ethnic cleansing––are implementing BDS, a Palestinian-led movement for freedom, justice and equality.

Calls for targeted boycotts of major companies who aid israel and support its apartheid economy have spread across the globe. Palestinian supporters have collectively adhered to the movement’s request to boycott Puma, McDonalds, Pizza Hut and other companies complicit in israel’s violence against Palestinians.

Unfortunately, efforts to combat movements like BDS have long been in effect, and for Missouri and Kansas, state misleadership has tied its hands to genocide.

What is BDS?

Boycott. Divestment. Sanctions. BDS launched in 2005 to pressure israel into complying with international law and has, since, evolved into a global solidarity movement for those in support of a free Palestine.

BDS and its targeted boycotts have proven to be successful. In 2015, a Lebanese-led BDS campaign called for the United Nations Children’s Fund (UNICEF) to end its dealing with G4S, the world’s largest security system––leading G4S to sell most of its israeli businesses.

By targeting companies that are complicit in israel’s occupation, the BDS movement challenges capitalism in the United States. The capital allegiance between the U.S. and israel sustains the oppression of Palestinians solely for economic and political interests.

Unfortunately, the United States’ dedication to maintaining a capital partnership with israel has led some state governments to take action against boycotts.

Several states have adopted laws to discourage boycotts against israel; laws that many feel are an infringement on their first amendment right to free speech. 

To date, 37 states, including Missouri and Kansas, have adopted anti-BDS laws.

Kansas Anti-BDS Laws

Kansas’s anti-boycott law, or HB2409, went into effect in 2017. As the summary details, the law  prohibits the state from entering into a contract with any individual or company engaged in a boycott of israel. Additionally, the law requires a written certification from any person(s) or company stating that they are not engaged in a boycott of israel.

In 2018, after the ACLU filed a lawsuit against the state’s anti-boycott law on behalf of math teacher Ester Koontz, a federal judge blocked the enforcement of HB2409, claiming that it was in violation of the First Amendment.

Following the judge’s decision, Kansas lawmakers amended HB2409 and reintroduced it as HB2482. Under the amendment, the anti-boycott law does not apply to individuals or companies who enter into contracts worth less than $100,00. For contract agreements worth more than $100,00, however, the anti-boycott certification remains a requirement.

Missouri’s Anti-BDS Laws

For Missouri, efforts to install anti-boycott laws fell flat two years in a row before SB739 was introduced in 2020. This law, similarly to Kansas’s HB2482, prohibits public entities from entering into contracts worth more than $100,000 with any individual or company that boycotts israel. And just this year, Jill Carter, republican senator for Missouri’s 32nd district, introduced SB430. This amendment not only reinforces the anti-boycott certification, but implies a penalty for those who do not abide by it.

According to the bill summary, companies who enter into “any economic boycott during the term of the contract shall be obligated to pay damages to the state in an amount equal to three times all monies paid to the company under the contract.”

In Missouri, anti-boycott tactics have expanded to include ESG investing, an investment strategy that evaluates companies environmental, social, and governance standards before investing.

ESG investing is largely opposed by many conservatives and some have coined it ”woke” investing. Actual ESG investors, on the other hand, see it as “ethical” and beneficial.

In 2022, Missouri launched an investigation into Morningstar and its subsidiary, Sustainalytics, for its ESG-rating system. While probes into ESG investing are new to the anti-boycott regime, Jay Ashcroft, Missouri’s secretary of State created a rule in effort to discourage pro-ESG firms from managing state pension funds.

How the neighboring state support a genocidal-regime

It’s unclear if the anti-boycott laws have any measurable impact as it mostly applies to large companies and high-dollar contracts. What can be accounted for are the economic ties between the neighboring states and israel.

Kansas, for instance, has exported over $1.2 billion in manufacturing goods to israel since 1996; and over $36 million in 2022 alone. For Missouri, those numbers are even higher, exporting over $1.6 billion since 1996; and over $130 million in 2022 alone.

In comparing the two states’ and their support of israel’s apartheid economy, Missouri has proven to be a bit more dedicated. In fact, Missouri had already established itself as genocide supporter in 1988 when then governor, James Thompson signed a “Cooperative Agreement” with israel.

The agreement essentially solidifies Missouri as one of israel’s trade partners, not in the interest of justice for Palestinians, but in the interest of a “mutual economic benefit.”

Dealers for death

The “conflict” between isreal and Palestine is really no conflict at all. A conflict would suggest a disagreement or argument between two sides on balanced scales.

In an article with the Tribune, Asia Khatun writes, “These language choices, be they irresponsible or just ignorant, reinforce the notion that this is a conflict in which both sides have the means to be equally as violent towards the other. But the fact of the matter is that Israel is one of the most militarised occupying nations in the world, backed with billions of dollars and weapons from the USA.” And to that point, Kansas and Missouri both continue to not only be complicit in denying Palestinian their human rights, but also be main contributors to colonialism and genocide.

The existence of anti-boycott laws in Kansas and Missouri hinder the progress of BDS, limiting the ability of individuals and companies to voice their support for a just and equitable Palestine.

It is crucial to challenge these laws and advocate for the right to engage in boycotts as a form of protest. By amplifying the voices and narratives of the Palestinian people, we can build a more cohesive and united movement, demanding freedom, justice, and equality for Palestine.

Together, we must work towards a world free from oppression and support the efforts of those who strive for a free and liberated Palestine.

Editor’s note: the writer intentionally uses lowercase for “israel” as a form of not recognizing it as a state, thus deviating from the customary capitalization rules associated with proper nouns.

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