FAQ Regarding the BDS Resolution
On March 22, 2022, the voting membership of the Middle East Studies Association (MESA) passed a resolution (768 votes in favor, 167 votes against) endorsing the 2005 call of Palestinian civil society for the boycott, divestment, and sanction of Israel.
Below are some commonly asked questions about this resolution, how it came about, and what it means for MESA.
What does the resolution actually do?
While the first eight clauses of the resolution’s text assert basic facts and the rationale for the resolution (i.e., those starting with “Whereas), it is the ninth and final clause of the resolution that contains new policy directives for the organization (i.e., that which starts with “Resolved”). Therein, the resolution states that the majority of the MESA membership (1) “endorse the 2005 call of Palestinian civil society for BDS against Israel” and (2) “directs the MESA Board of Directors to work in consultation with Committee of Academic Freedom to give effect to the spirit and intent of this resolution, in a manner consistent with MESA’s bylaws as well as relevant US federal, state, and local laws.”
With the passage of this resolution, the majority of the MESA membership has endorsed the 2005 call of Palestinian civil society for boycott, divestment, and sanctions (BDS) against Israel. What this means in terms of potentially new policies or practice is yet to be determined by the Board of Directors, in consultation with MESA’s Committee on Academic Freedom, as the resolution itself stipulates. Whatever new policies and practices will be adopted by MESA as an organization in relation to this resolution will be consistent with MESA’s bylaws as well as relevant US federal, state, and local laws, as the resolution itself states, and as the Board of Directors would be required to do given their fiduciary responsibilities toward the organization.
What procedures governed the introduction and passage of this resolution?
Resolutions and referenda are conducted according to MESA’s organizational bylaws. Article III, Section 4 outlines and governs the procedures for the introduction and passage of resolutions. Once introduced and satisfying the bylaws, a resolution is incorporated into the agenda of the Annual Members Meeting, and subsequently discussed and voted on in accordance with the rules of order that govern the Annual Members Meeting. If this vote at the Annual Members Meeting passes, the resolution is then put up for a membership-wide vote, otherwise referred to as a referendum, per Article III, Section 5 of MESA’s bylaws.
Does this mean that current or future MESA members are required to abide personally or individually by the 2005 Palestinian Civil Society Call for BDS?
No. This resolution is binding on MESA as an organization, shaping its policies as an organization. It neither requires individual members to hold a particular viewpoint on BDS nor does it require individual members to conduct their personal or professional relationships in a particular manner.
Does the resolution apply to Institutional Members of MESA or to other affiliates?
No. This resolution is non-binding on any MESA member, and is thus in no way binding on institutional members or affiliated organizations (just as it is non-binding on individual members). Per MESA bylaws, only individual full members were eligible to vote on this resolution. Neither institutional members nor affiliated organizations are eligible to vote on membership resolutions (or in MESA elections). Institutional members and affiliated organizations are therefore not party to the resolution, and the resolution should not have any impact on their operations.
What does the passage of the resolution mean for how MESA conducts its business as an organization?
As the resolution states, the Board of Directors will find ways to “give effect to the spirit and intent of the resolution,” in consultation with the Committee on Academic Freedom, and in a manner “consistent with MESA’s bylaws and relevant US federal, state, and local laws.” As such, the Board of Directors will explore all these matters before recommending or implement new policies or practices for the organization.
Does passage of this resolution violate MESA’s bylaws?
No. This resolution was introduced, discussed, and voted on at the 2021 Annual Members Meeting and then voted on in a subsequent referendum in precisely the manner outlined in MESA’s bylaws. Furthermore, the resolution instructs the Board to implement the spirit and intent of the resolution “in a manner consistent with MESA’s bylaws.”
As a 501(c)3 organization, isn’t MESA prohibited from as explicit a political stance as endorsing the BDS campaign?
No. MESA’s 501(c)3 status under the Internal Revenue Code prohibits the organization from “directly or indirectly participating in, or intervening in, any political campaign on behalf of (or in opposition to) any candidate for elective public office.” It does not prevent MESA from adopting a viewpoint about a particular “political” topic o