HS2 Ltd Should Exclude CAF from Rolling Stock Bid!

Construcciones y Auxiliar de Ferrocarriles (CAF) is one of 5 bidders in the race to provide rolling stock for HS2, the UKs new high speed railway. In August 2019 a consortium led by CAF, along with Israeli company Shapir, was selected to lead the expansion of the Jerusalem Light Railway (JLR). The JLR serves illegal Israeli settlements in and around East Jerusalem, therefore serving to cement Israel’s grip on occupied Palestinian land.

Last week, a groundbreaking legal briefing produced by Lawyers for Palestinian Human Rights and the European Legal Support Center argued that HS2 Ltd. are legally entitled to exclude CAF from the bid to provide rolling stock.

Take action now by writing to the Chairman of HS2 Ltd. and the Minister responsible for the project, demanding they release a public statement excluding CAF, and any company involved in Israel's violations of international law from the bid!

Allan Cook CBE, Chair of HS2 Ltd.

Andrew Stephenson MP

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Through their role in leading the development of the Jerusalem Light Railway (JLR) CAF support Israel’s dispossession of the Palestinian people. Last week, you received a legal briefing prepared by the European Legal Support Center and Lawyers for Palestinian Human Rights arguing you are entitled to exclude CAF, and all companies complicit in violations of international law, from the bid to provide rolling stock for HS2.
In August 2019 a consortium led by CAF, along with Israeli company Shapir, was selected to lead the expansion of the Jerusalem Light Railway (JLR). The JLR serves illegal Israeli settlements in and around East Jerusalem, therefore serving to cement Israel’s grip on occupied Palestinian land.
As you have already been informed, the route of the railway gathers together expanding Jewish-only settlements in and around occupied East Jerusalem, connecting them with West Jerusalem.  Every illegal Israeli settlement, built on land stolen from the Palestinian people, is considered a war crime under the Fourth Geneva Convention. The British government has repeatedly affirmed this position, with the Foreign and Commonwealth Office writing in November 2019 “[T]he position of the UK on settlements is clear. They are illegal under international law.” 
While Israeli settlements in East Jerusalem expand, Palestinian neighbourhoods face a series of existential threats, including restrictions on building, forced displacement and settler violence. The JLR therefore aids Israel’s systematic discrimination against Palestinian residents of the city.  The exclusion of CAF, and any company involved in ongoing breaches of international law, would be consistent with international legal obligations requiring all public authorities - including yourselves - to respect, protect and fulfil human rights and humanitarian standards, including by avoiding economic relations with companies that directly maintain and facilitate human rights and humanitarian violations. The briefing therefore demonstrates public contracting authorities, such as HS2 Ltd., should apply the ground of exclusion for “grave professional misconduct” contained in Article 57 (8) (c) of the Public Contracts Regulation 2015, where companies are involved in ongoing breaches of international law. 
As Chairman of HS2 Ltd. and the Minister responsible, you should take the legal briefing into account and release a public statement to rule CAF out for the provision of rolling stock for HS2.

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HS2 Ltd Should Exclude CAF from Rolling Stock Bid!