BDS motions of student unions at three English universities have been challenged by UKLFI. A BDS motion at a fourth university appears to have been frozen following UKLFI’s intervention at the end of 2023.
UKLFI has written to the trustees of the student unions at Goldsmiths, University of London, the University of Liverpool and the University of Nottingham, pointing out that implementing the motions would be unlawful.
In February 2024 Goldsmiths students’ union passed two motions. The first was for the union to conduct a campaign against the UK government’s counter-BDS bill. The second was to lobby the University to call for an immediate ceasefire in Gaza, to condemn Israel’s allegedly genocidal activities and “deliberate assassinations of students and university workers”, to commit to the policy/guidelines of the BDS movement, to divest from the company Nice, and to cancel orders for HP equipment.
The Liverpool Guild of Students held a referendum on 19-22 March 2024 on the question “Should the Guild lobby the University to support Boycott, Divestments & Sanctions?”
Students at Nottingham University drew UKLFI’s attention to a referendum held recently under the title “End University of Nottingham Complicity in Israeli War Crimes” that would commit the students’ union to conduct campaigns calling for a ceasefire in Gaza, supporting the BDS movement, supporting Palestine, condemning support for Israel, and opposing the UK government’s counter-BDS Bill.
In all three cases, UKLFI pointed out that the student unions are charities and are not permitted to conduct political campaigns outside their charitable objects of advancing the education of students at the respective universities.
A student union may in principle hold a debate about a political issue for educational purposes, provided it is conducted in a way that accurately informs and educates students. However, this does not entitle the student union to engage in political campaigns other than in furtherance of advancing the education of students at that university.
UKLFI observed that in each of the three cases mentioned above, the motions would require the student unions to conduct political campaigns that do not advance the education of students at these universities and are actually liable to contradict the students’ unions’ charitable objects.
Promotion of false allegations of the most serious character against Israel by the mandated political campaigns would exacerbate hostility towards Jewish students, instead of promoting their welfare. Extensive research at US universities by the Amcha Initiative has shown that BDS campaigns promote the targeting of Jewish students for harm.
Interfering with the university’s procurement of goods and services or its investment policy would also promote illegal conduct by the university, contrary to rules on public procurement and fiduciary duties.
UKLFI warned that if it is not satisfied that the trustees have met their responsibilities to ensure that their charities comply with the law, it will refer the matter to the Charity Commission.
Jonathan Turner, chief executive of UKLFI commented: “A political campaign outside the Union’s charitable objects is not brought within them by the possibility that some students passionately support the campaign. Students are entitled to support a political campaign as individuals, provided they do so in a lawful way. However, they are not entitled to have the student union conduct the campaign, because it is a charity and its resources, facilities and time of its staff and officers may only be used to promote its charitable objects.”
