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Mossawa Center Opposes Measures to Restrict NGO Funding - NGOs - Global policy Forum Mossawa Center Opposes Measures
Mossawa Center
to Restrict NGO Funding
January 15, 2004A law proposing the restriction of funding from foreign countries for Israeli NGO’s and individuals was passed at a preliminary reading of the legislation at the Knesset in December 2003. This legislation had been forwarded this week to the Internal Committee for discussion and approval in order to submit it to the floor again for first reading. The government agreed to support this law at the preliminary reading provided changes are made. This law was initiated by MK’s from the Ehud Leumi Party in order to give authority to the NGO register to ban funds for organizations which seek to change a position or public opinion in Israeli society. Mossawa representatives who participated in the Knesset Committee emphasized that this law undermines basic democratic principles, freedom of speech and civil rights in a free society. “The government of Israel will restrict the freedoms in Israel by passing this law that aims to stop assistance to peace and human rights NGO’s. After the second world war it became important internationally to show solidarity and give support for development, peace and human rights. The Israeli government should not try to interfere in the civil society agenda,” said Jafar Farah, Director of the Mossawa Center. The government declared that they would propose a new law that does not ban funding from abroad which aids NGO’s, but aims to ensure transparency for the NGO register in Israel. The government said they would not support the banning of funds but since the preliminary reading nothing was submitted. At the Internal Committee, the Ehud Leumi (the National Union) Party proposal was discussed without making the changes that were asked.
The legislation includes restrictions on the following:
“Foreign Country” – including a union or association or commonwealth of foreign countries (henceforth union of foreign countries), organization, authority, body or representative of a foreign country or of a union of foreign countries and anyone who acts as the emissary of one of these or is carries out their will, local authority, province or other municipal body in a foreign country (henceforth foreign body), union or association or commonwealth of foreign bodies (henceforth union of foreign bodies), organisation, authority or representative of a foreign body or of a union of foreign bodies and all who act as an emissary of one of these or who carries out their will including a foreign corporation.
“Foreign corporation” – a corporation, individual or group of people, the majority of whose members or directors or those authorised to represent it are appointed or elected by a foreign country or more than 25% of its budget is funded by a foreign country.”The NGO Register Office representative and the Law Ministry representative said they received the suggested law too late to make changes. In the end they agreed that the Law Ministry will bring back the legislation with changes to the Committee in a month when they will take a position on the law. “Many civil society organizations and NGO’s are tasked with the responsibility to advocate on violations of human rights, cultural, economic and social rights in Israel – they need to challenge prevailing systems which discriminate against these basic, fundamental values. To arbitrarily take away this ability by targeting how these organizations are financed is heavy-handed,” said Farah. “For example, a political party has been registered in Israel which calls for the removal of 2 million Arabs from Israel and the Occupied Territories. Organizations need to be in a position to challenge these kinds of backward views.”
Based on the proposed Law:
“Any person
1. who requests or receives a donation from a foreign country without a permit, or
2. has in their possession or uses a donation received from a foreign country without a permit, or
3. violated or does not abide by the conditions of the permit, or
4. refrains from transferring to the registrar a donation from a foreign country which was received without a permit or which who holds without a permit being received for its receipt; or
5. who transmits any incorrect essential fact in any reporting or information given in accordance with this law or according to the regulations or according to a request of the registrar.
6. His judgment will be three years imprisonment.”The Mossawa Center in Cooperation with various NGO’s is acting against the new legislation and calling for local and international support to stand against the Law. As result of a similar law in Egypt, the work of human rights NGO’s have been severely undermined and have threatened some with possible closure.
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