Israel: Proposed bill seeks to outlaw human rights NGO based in Israel working on accountability issues in the Occupied Palestinian Territory (3.5.10)

The undersigned organisations express their serious concern at the new threats faced by human rights organisations in Israel involved in the struggle to uphold international law and the rule of law.

On April 28, 2010, a group of 19 members of Parliament, introduced a bill entitled “Associations (Amutot) Law (Amendment – Exceptions to the Registration and Activity of an Association), 2010”. This bill aims to prohibit the registration of, or to close down any existing non-governmental organisation (NGO), if “there are reasonable grounds to conclude that the association is providing information to foreign entities or is involved in legal proceedings abroad against senior Israeli government officials or IDF officers, for war crimes.” If adopted, the bill will legitimise the suppression of information regarding the commission of war cimes. As such, this bill has serious implications with respect to international law and the rule of law, and accountability for international crimes. As proposed, the bill also conflicts with numerous principles of treaty and customary international law, as codified in, inter alia, the Fourth Geneva Convention, international human rights treaties and the Universal Declaration on Human Rights. The bill places arbitrary and unnecessary restrictions on the rights to freedom of association, information and expression and infringes upon victims’ fundamental right to an effective remedy.

On April 16, 2010, the nationalist, right-wing Israeli movement of “Im Tirtzu - The Second Zionist Revolution” released a report accusing at least twelve Israeli human rights organisations of support for or involvement in the indictment of Israeli officials for serious violations of international law in courts overseas, acting in accordance with the principle of universal jurisdiction. After releasing the report, Im Tirzu launched a billboard campaign, timed to coincide with Memorial Day on April 19 (Yom Hazikaron, ‘Israeli Fallen Soldiers and Victims of Terrorism Day’), and Israeli Independence Day, on April 20. This campaign, which involved defamatory slogans, aimed at de-legitimising the activities of human rights organisations supported by the New Israel Fund, including Adalah, PCATI, HaMoked, B’Tselem, ACRI, Bimkom, Gisha, Physicians for Human Rights-Israel, Yesh Din, and Rabbis for Human Rights. Im Tirtzu previously launched a campaign against human rights organisations in February 2010, which focused on their provision of information to the United Nations (UN) Independent Fact-Finding Mission on the Gaza Conflict led by former Justice Richard Goldstone.

Our organisations strongly denounce this new move which further undermines the safety of human rights defenders working to uphold the rule of law and combat impunity. Our organisations recall: that the fight against impunity constitutes an integral part of legitimate human rights activity, as recognised by international human rights instruments; that the activities conducted by the above-mentioned Israeli organisations are transparent; that they operate within the framework of the rule of law; that their mission is to represent victims of human rights violations; that their action is apolitical and that the only reason for which some of them resort to extra-national jurisdictions is that the Israeli jurisdictions has proven unwilling to pursue justice on these cases. Universal jurisdiction is a natural extension of the Nuremberg principles and Israel, of all countries, should not take actions which go against the spirit of Nuremberg.

We urge the Israeli authorities to take measures to ensure the protection of human rights defenders and organisations as provided in the Declaration on Human Rights Defenders adopted by the UN General Assembly on December 9, 1998, which provides that “the State shall take all necessary measures to ensure the protection by the competent authorities of everyone, individually or in association with others, against any violence, threats, retaliation, de facto or de jure adverse discrimination, pressure or any other arbitrary action as a consequence of his or her legitimate exercise of the rights referred to in the present Declaration” and the International Covenant on Civil and Political Rights, ratified by the State of Israel.

We further urge the Members of the Knesset to refrain passing a new law that would hamper the activities of civil society organisations in contradiction with democratic values and violate international human rights standards binding upon the State of Israel, in particular the rights to freedom of association, information and expression and victims’ legitimate rights to an effective remedy.

The Euro-Mediterranean Human Rights Network (EMHRN)
The Observatory for the Protection of Human Rights Defenders, a joint programme of the International Federation for Human Rights (FIDH) and the World Organisation Against Torture (OMCT)
The Center for Constitutional Rights (CCR)
Redress

An unofficial translation in English of the Law is available at: http://www.adalah.org/newsletter/eng/apr10/bill.pdf

Egypt: The EU Should Call on the Egyptian Government to Respect Freedom of Association (21.4.2010)

In anticipation of the European Union – Egypt Association Council Meeting scheduled for April 27, the Euro-Mediterranean Human Rights Network (EMHRN) expresses its serious concerns about provisions of the draft bill on NGOs published by the Egyptian newspaper Al Dustour on March 7, 2010.

The EMHRN recalls that the current Egyptian law on NGO does not comply with international law standard regarding freedom of association[1]the EMHRN considers the published amendments threaten to unduly restrict freedom of association in Egypt in violation of the country’s international treaty obligations. Moreover, it regrets that the Egyptian authorities did not consult civil society organizations, particularly the NGO Campaign for Freedom of Association, during the elaboration process of this bill, although the government agreed, during the Universal Periodic Review (UPR) of last February 19, to the following recommendation “NGOs should be consulted widely and have a substantive role in drafting the new NGO law”. and as such welcomes the government’s initiative to amend it. However,

The EMHRN expresses its deep concerns that the bill would seriously tighten the government’s control over civil society organizations as a number of article of the published law do not meet international standards regarding freedom of association.

The published amendments indeed unnecessarily restrict an association’s freedom by prohibiting association to work in more than two fields, given that an association still cannot pursue activities that “threaten the national unity, violate public order or ethics” (Article 9) as was the case under Law 84. Both terms are overly broad and invite governmental abuse. The published amendments finally continue to require that the Ministry of Social Solidarity grant a license before a new organization can function, whereas international best practice recommends a notification-only process of registration.

Published provisions also curb CSOs’ independence from government[2]. The bill continues to impose administrative authority's approval before obtaining funds from abroad (Article 13), while severe criminal penalties such as up to one year imprisonment for even minor infractions of these onerous obligations can be drastic and constitute a further inappropriate extension of government powers. The amendments finally grants additional power to the General Federation of Civil Associations, thus not only curtailing associations’ activities but also restricting the ability of groups to operate independently.

Ahead of the parliamentary and presidential elections, Egypt is witnessing growing human rights violations as illustrated by the recent arrest of peaceful demonstrators on April 6[3]. In addition, The Egyptian government intends to pass laws that would restrict civil and political rights, such as the draft NGOs law as well as the anti terrorism law, given that the uninterrupted state of emergency for 29 years is likely to be extended in May, and the law regulating media broadcasting.

According to the jointly agreed Action Plan within the European neighborhood Policy (ENP), EU and Egypt jointly agreed to “Implement measures that promote the right of assembly and association in accordance with the International Covenant on Civil and Political Rights”.

As a result, the EMHRN urges the EU to call on the Egyptian government:

* To respect and implement its commitments related to freedom of association, especially the jointly agreed priorities of the ENP EU-Egypt Action Plan and the recommendations of the UPR;
* Not to adopt the published text in its current form;
* To comply with the Universal Periodic Review recommendations, which stated that the government of Egypt should “continue efforts to reform in the short term Law 84/2002 in order to establish a procedure for setting up NGOs, which is nimble, fast and not subject to administrative discretion”;
* To produce a revised version of the Law 84 taking into consideration the comments of the Egyptian NGOs Campaign for the Freedom to Association.

In this context, the EMHRN calls on the EU to condition any enhancing of EU-Egypt relations to concrete improvements and commitments regarding to Human rights.

[1] See EMHRN Freedom of Association Annual Review 2009 at http://en.euromedrights.org/index.php/publications/emhrn_publications/68/4075.html

[2] For instance, the administrative authority will have the right to enter to the associations premises (Article 16), to withdraw an association's decision (Article 19), to receive copies of the papers to be presented to the General Assembly no less than fifteen days before the meeting (Article 23)

[3] See The EMHRN denounces the repression of Democracy Activists in Egypt http://en.euromedrights.org/index.php/news/emhrn_releases/67/4248.html

Egypt: Newspaper Al Dostour published amendments to the NGO Law 84 (10.03.2010)

Newspaper Al Dostour published amendments to the Egyptian NGO Law 84 - See the web links below

Le journal Al Dostour publie des amendements à la loi egyptienne sur les ONG - voir liens ci-dessous

http://dostor.org/politics/egypt/10/march/7/8677

http://www.almasry-alyoum.com/article2.aspx?ArticleID=250130&IssueID=1732

Israel: Restricting the space of Human Rights Defenders and Organisations working in Israel and the Occupied Palestinian Territories (10.3.2010)

RE: RESTRICTING THE SPACE OF ISRAELI HUMAN RIGHTS DEFENDERS AND ORGANISATIONS WORKING IN ISRAEL AND THE OPT


Dear Minister Moratinos,
Dear High Representative Ashton,

Aprodev, CIDSE, Front Line, the Euro-Mediterranean Human Rights Network (EMHRN), the International Rehabilitation Council for Torture Victims (IRCT) and the Observatory for the Protection of Human Rights Defenders, a joint program of the International Federation for Human Rights (FIDH) and the World Organisation Against Torture (OMCT), are concerned about the recent attempts of the Israeli government to restrict the space and freedom of Israeli civil society organisations to operate in Israel and the Occupied Palestinian Territories (OPT). These attempts are aimed at de-legitimising and severely restricting the work of civil society organisations. They represent a clear threat to democratic standards in Israel and the unimpeded work of human rights defenders. As such, we believe that the EU and its Member States must address this situation with urgency.

Proposed legislation to curtail foreign funding to Israeli NGOs

On 14 February 2010, a government-backed bill passed preliminary reading at the Israeli Knesset. Under the pretext of increasing transparency of foreign funding of NGOs, the bill restricts the freedoms of Israeli civil society organisations. It stipulates that any organisation “seeking to influence public opinion in Israel”, should be deemed a “political organisation” rather than one serving a charitable purpose. Such organisations will be required to register with the Political Party Registrar, and lose tax-exempt status. Furthermore, the bill requires any spokesperson of such an organisation to declare in all public appearances that they represent an organisation that receives funding from a “foreign political entity”. Non-compliance with the bill will result in fines or imprisonment.

This new bill seeks solely to intimidate and publicly de-legitimise these organisations and increase state monitoring of NGO activities. Indeed, there is no need for such a legislation as each NGO in Israel is already required to list its donors and other financial information on its website and to report annually to the government, specifying donations from foreign governments and their purpose. Furthermore, this bill will limit the NGOs’ capacity to receive foreign funding.

The Constitutional Committee of the Knesset plans to hold a vote on the bill on 17 March 2010. Given the political composition inside the Knesset, it is highly probable that the bill will be adopted.

Other forms of harassment against human rights organisations

This bill follows a broader de-legitimisation campaign orchestrated by extreme right-wing organisations. It comes in addition to other forms of harassment of and restrictions on the work of civil society organisations. This includes the arrest of those participating in peaceful demonstrations against the war on Gaza, the separation wall in the West Bank, and the practice of house demolition and the eviction of Palestinians in East Jerusalem. Of particular concern is also the government-backed Infiltration Prevention Bill, which is currently discussed in the Knesset. The new provisions would allow prison sentences of up to 7 years for staff and volunteers of Israeli aid organisations who have provided assistance to asylum seekers or migrants who have irregularly entered the country.
These recent efforts to interfere with the work of Israeli and international human rights defenders and organisations follow a pattern of continued acts of harassment by the Israeli government against Palestinian human rights defenders, encompassing arbitrary arrests and detentions and restrictions to their freedom of movement, including international travel bans.

In accordance with the EU Guidelines on Human Rights Defenders, which recognise the importance “to ensure the safety and protect the rights of human rights defenders”, and Article 2 of the EU-Israel Association agreement which provides that “Relations between the Parties, as well as all the provisions of the Agreement itself, shall be based on respect for human rights and democratic principles, which guides their internal and international policy and constitutes an essential element of this Agreement”, we call on the EU and its Member States to urge Israel to:
- Stop impeding and criminalising the work of civil society organisations in Israel and to respect their freedoms of association and expression.
- Withdraw the “foreign funding” bill and refrain from introducing any law under which independent organisations would be redefined as “political” and/or jeopardising their foreign funding.

We, the undersigned organisations urge the EU to raise the above mentioned issues with Israel at the highest political level, including during the visit of High Representative and Vice-Commissioner Ashton to Israel in mid-March and at the EU-Israel Association Council due to take place on 23 March 2010. We may recall that when other Mediterranean countries have adopted measures aiming at restricting the funding and work of civil society organisations, the EU has raised its concerns and condemned these measures. We also invite the High Representative Ashton to meet with civil society organisations during her visit to Israel.


An unofficial English translation is available at: http://www.adalah.org/newsletter/eng/feb10/docs/Unofficial%20English%20translation%20of%20NGO%20legislation.pdf

Morocco: Association des blogueurs marocains: Association denied from being legal (9.3.2010)

Thus came the oral response received by the Association of Moroccan bloggers from the Public Affairs Direction in Rabat state without any explanation of the rationale and reasons behind that administrative decision which is obviously contrary to clear laws and public freedoms and stting up of associations. This would lead to the killing of the the Association and the denial of all its legal documents that would enable it to engage in its activity or appeal, even against this arbitrary decision.

This "reservation" Strangely enough, comes to signal the culmination of years of waiting since the putting of the founding file of the Association of Moroccan bloggers which was the result of procrastination and delay of the Ministry of the Interior in Rabat. It failed firstly to enable the Association of its temporary founding receite standing against the requirements of the law which states that founding receite must be given immediately after the desposition of the founding file. And that temporary founding receite gains provisional status after the period of two months if the Administration has not provided any legal challenge to the legal status of the Association. But the Ministry of the Interior only denies that right without any sound justifications to repudiate all of its legal obligations, preferring the "abortion of associations" which it doesn't approve of. To be mentioned also is that the employee in Wilayat of Rabat who is responsible for the freezing of files of the association in office No. 505 has assaulted President of the Association and physically abused him while attending to his office inquiring about the fate of the file of the Association.

Because of this authoritarian act that is contrary to all principles of freedom of public organisation and slogans such as "the rule of law" we do announce to the public opinion nationally and internationally the follows:

• Renew our call to the Ministry of Interior in order to enable us of our founding receite or a written refusal.

• Our commitment to the right of exercising any civil and mediatic action that is guaranteed by all the national and international laws.

• Our perseverence to continue our struggle to establish freedom of expression and creativity through the press using all legitimate ways and means to achieve our inalienable rights without concessions.

• Our invitation to all national and international corporations to show more heed to the issue of restricting the associative work and civil society.

•Our solidarity with all bloggers, journalists and Internet activists exposed to harassment renewing our call for the immediate release of their prisoners among them: the blogger Boubken Alyadib, manager of Internet Abdullah Boukfou.

Global Trends in NGO Law “Survey of Arab NGO Laws” (05.03.2010)

Introduction: Civil Society and Development in the Arab World

When President Barak Obama delivered his now-famous address to the Muslim world in June of 2009, many in the Arab world welcomed the message of hope and “a new beginning.” President Obama’s call for freedom and political and civil rights echoed the statements of Arab reformers and human rights advocates, who have long called for a broad international and regional commitment to Arab political reform. In the words of the influential Cairo Institute for Human Rights Studies’ Annual Report on Human Rights in the Arab Region, “human rights claims should be given priority over more narrow demands for political participation and the reform of electoral systems… demands linked to freedom of expression should be given special priority, particularly the right to independent organization, whether political parties, trade unions and professional syndicates, or NGOs.”[1]

Indeed, in recent years the significance of civil society, protection of basic freedoms for civil society, and their relationship to economic development have been acknowledged at the highest levels of Arab governments. One year prior to President Obama’s address, King Abdullah II of Jordan gave a speech explaining that “basic freedoms for citizens and civil society organizations… are major requirements for realizing comprehensive development, [and] this cannot be realized except in an environment governed by the values of freedom, pluralism, tolerance, respect for others’ opinions, the rule of law and equal opportunities.”[2] Similarly, Lebanon’s President Michel Sulayman has spoken of civil society as “a force that provides suggestions and support for the efforts of the state,”[3] and Arab League Secretary General Amr Moussa commented in 2009 that steps were being taken to “provide a chance to the private sector and civil society to participate in the economic and social development process.”[4]

While these statements recognize the importance of civil society, and thus offer the promise of change, few Arab governments have taken the steps necessary to provide for a more enabling environment for NGOs by revising the laws governing their activities. The NGO laws of most Middle East / North Africa (MENA) countries remain extremely restrictive. With very few exceptions – most prominently, Lebanon, Morocco, Palestine, and with the passage of new legislation in 2010, Iraq – most Arab governments have adopted NGO laws that are constrain the formation and operation of NGOs and afford significant discretion to government officials in their oversight of them, thereby preventing NGOs from playing a role as full partners for social and economic development. Nonetheless, there have been new initiatives to revise the NGO laws in a number of countries, in some cases offering the prospect of improvement.

In light of the continuing international interest in the MENA region, and the multiple existing and anticipated initiatives to revise or replace NGO laws, ICNL focuses this issue of Global Trends on the NGO laws of the Arab world. We begin with a brief history of the development of NGO laws in the region. Section II considers the current status of NGO laws in the MENA countries. Section III reviews the most recent initiatives to revise the region’s NGO laws.
I. The Long Shadow of Egypt’s NGO Law

As Arab nations gained their independence in the 1950s and 1960s, many moved to follow the example of Egypt – the first Arab nation to gain its independence – and its charismatic leader, Gamal Abdel Nasser. Nasser, who ruled Egypt from 1954 until his death in 1970, was one of the most important figures in modern Arab history, and his socialist pan-Arab ideology was enormously influential across the MENA region.[5] Under Nasser’s rule, Egypt adopted the MENA region’s first post-independence NGO law, the Law on Private Associations and Foundations (Law 32 of 1964). A product of its time, Law 32 of 1964 reflected the subordination of independent civil society to what was seen as the higher Arab socialist interest, and “neither open political opposition nor an independent sector existed in Egypt during this time.”[6] NGOs could not be formed without the approval of government officials, whose discretion in registration was unlimited, and the government had the authority to dissolve or combine NGOs or even completely replace their Boards of Directors at any time.[7] Many of these provisions appear nearly verbatim in subsequently written Arab NGO laws, such as Jordan’s Law on Societies and Social Bodies (Law 33 of 1966) and Bahrain’s Law of Associations, Social and Cultural Clubs, Special Committees Working in the Field of Youth and Sports, and Private Foundations (Decree 21 of 1989), adopted twenty-five years later.
Arab NGO Law Reforms in the Last Decade

As in the post-independence period, as several Arab countries have moved to amend their NGO laws since the turn of the millennium, Egypt has again led the way. Beginning in 1997, the Egyptian government announced its intention to amend Law 32 of 1964 to “empower volunteer agencies as major partners in the development process.”[8] Dozens of prominent Egyptian civil society leaders were invited to take part in the drafting of the legislation. However, the bill ultimately approved by the parliament in 1999 diverged so strongly from their expectations and recommendations that they issued a public condemnation of the law three days before its passage and disavowed its contents.[9] Ultimately, the new Egyptian NGO law – Law 153 of 1999 – was declared unconstitutional by the Egyptian Court of Cassation because of procedural irregularities, but an almost identical version was enacted as Law 84 of 2002 and remains in effect to this day.[10]

Law 84 of 2002 (and its 1999 precursor) did away with several negative provisions of Law 32 of 1964. Among other changes, the requirement that NGOs seek government approval before purchasing real estate and the government’s right to unilaterally appoint members of any association’s Board of Directors were both removed.[11] However, registration of all groups remained mandatory, and NGOs continued to be subjected to burdensome and discretionary processes, inappropriate government supervision, unnecessarily severe criminal punishments, and improper restrictions on fundraising and activities. In other words, the government attempted to liberalize the NGO framework enough to allow NGOs to engage in government-sanctioned economic and social development programs – but not enough to provide for a truly independent civil society. This same pattern of development would come to characterize subsequent law reform efforts in Palestine and Oman (2000), Yemen (2001), Qatar (2004), Mauritania (2006), and Jordan (2008). All of these countries made positive changes to their NGO framework laws but did not adopt laws that were fully enabling of civil society or consistent with international law and best practices.

The following sections survey the current status of NGO laws across the region.
II. Survey of Arab NGO Laws

As briefly discussed above, most Arab NGO laws share several characteristics. In general, registration of all NGOs is mandatory, and there can be significant barriers to successful registration, including a high minimum number of members or discretionary registration processes. Once registered, NGOs will face substantial and often inappropriate government interference with their internal management and operations. They are also likely to face blanket restrictions on certain types of activities and their ability to raise funds. Registered NGOs will also encounter the possibility of dissolution for minor violations of the law or, in the absence of violations, simply at the personal discretion of a government official. Finally, NGO members must contend with potentially severe criminal punishments, including long jail sentences, for relatively minor violations of the law.
A. Registration
1. Mandatory Registration

The vast majority of nations in the MENA region require associations to register with the government prior to beginning any activities. In fact, most impose criminal penalties on individuals who work for or manage unregistered associations or foundations. Many of the laws do not clearly indicate the types of groups that are required to register, which can subject to penalties individual members who may not realize that they are in violation of the NGO laws. By prohibiting any associational activities – even informal activities, such as a group of neighbors meeting weekly to discuss political events – without prior registration, these laws clearly infringe upon the right to free association protected by the International Covenant on Civil and Political Rights and other conventions.

In one recent high-profile example, Mohammed al-Maskati, founder of the Bahrain Youth Society for Human Rights, was jailed in September 2009 for operating the society without a license from the Bahraini government. As of this writing, his case continues; if found guilty, Mr. al-Maskati faces up to six months’ imprisonment.[12]

Registration is mandatory in Jordan,[13] Kuwait,[14] Libya,[15] Sudan,[16] the United Arab Emirates,[17] and several other MENA countries.
2. Large Number of Founders

In many countries of the MENA region, should a group attempt to register, it will confront a process that is burdensome and subject to broad ministerial discretion. For example, many MENA countries require a large number of founders before an association may be formed. Egypt[18] and Bahrain[19] each require 10 members, the United Arab Emirates[20] and Qatar[21] require 20, and Yemen[22] requires 21 at the time of application and 41 at the time of the first meeting. Sudan requires 30 members in order for an association to be successful in its application for registration.[23] Requiring such a large group acts as a substantial barrier for groups with less popular causes. By contrast, Tunisia requires only 2 founders[24] and Palestine requires 3,[25] numbers that facilitate formation and registration of associations.
3. Broad Government Discretion

Registration provisions in many MENA countries include vague language and sweeping grants of power to the relevant ministries, allowing government employees broad discretion when reviewing registration applications from would-be associations.

* According to Jordan’s Law on Societies (Law 51 of 2008 as amended in 2009), applications for registration of new societies are sent to an independent Board of Registration chaired by the Ministry of Social Development.[26] The Board is permitted to reject an application for any reason, though it must issue a written justification for its decision.[27]
* NGOs operating in Bahrain are subject to the Decree 21 of 1989 (as amended in 2002). Under this law, different government agencies handle the registration of NGOs depending on the NGO’s planned activities.[28] The law allows the government to reject an application, among other reasons, simply because it considers the association to be unnecessary or redundant.[29] NGOs then have the option to appeal the rejection, but given the lack of criteria for the government’s authority to reject applications, it is unclear on what basis a court could strike down a rejection.
* Applications for registration in Tunisia are submitted to the Minister of Interior. The Minister is free to make his or her decisions regarding the application without providing justification.[30]

In some cases, a country’s NGO laws may provide criteria on which the government is to base its decision to register or dissolve an NGO, but these criteria are so broad that they do little to constrain the government’s exercise of discretion.

* The Algerian Associations Act (Law 31-90 of 1990) deems an association to be void if it “was founded for a purpose contrary to the established institutional system or to public order, public decency or the law and regulations in force.”[31]
* In Egypt, associations are prohibited from having objectives that “[threaten] national unity or [breach] public order, [or] morals…”[32]
* The Moroccan Decree Regulating the Right of Association (Decree 1-58-376 of 1958 as amended by Decree 2-04-969 of 2005) prohibits associations from engaging in activities that “breach the laws or public morals; offend Islam, national unity, or the royal system; or incite discrimination.”[33]
* The Ministry of Social Affairs and Labor in Oman has the right to prevent an association from registering if it finds that the services to be provided by the association are not needed, or if there are other associations that are already meeting the need that would be filled by the new NGO.[34] The Ministry may also reject an application for “any other reasons according to the decision of the Ministry.”[35]

B. Government Supervision

In many MENA countries, organizations that have been successful in their applications for registration may be subject to significant government supervision. Governments may maintain control by attending associations’ meetings, deterring the discussion of opinions and issues inconsistent with a government position. The government may also retain authority over the selection of board members. By partly controlling an organization’s board, which acts as the decision-making authority for the organization, the government is able to ensure that it will have some say in all major decisions affecting the organization. In addition, many countries in the MENA region require associations to obtain government approval prior to entering into any foreign affiliation.
1. Meeting Attendance

* Under Article 26 of Law 84 of 2002, associations in Egypt are required to inform the Ministry of Social Solidarity and the General Federation of Associations and Foundations[36] of any upcoming general assembly meeting. The notification of the date of the meeting must include the agenda for the meeting. The General Federation is permitted to send a representative to the meeting, and following the meeting, the minutes must be sent to the Minister of Social Solidarity.
* In the United Arab Emirates, the Minister of Social Affairs, in addition to exercising broad powers of supervision generally, may send a representative to all general assembly meetings of an association.[37]
* NGOs in Jordan must inform the Controller of the Registry of Societies and the “Relevant Minister” assigned at the time of their registration of any general assembly meeting at least 15 days prior to the meeting.[38] Both the Controller and the Minister may elect to send a representative to the general assembly meeting. If an association fails to provide notice of the meeting, it is deemed illegal.

2. Board of Directors Interference

* The Ministry of Social Development and Labor in Syria is authorized to appoint members to the Board of Directors of any association.[39] It can also set the minimum and maximum number of individuals that may belong to an association’s Board.[40] Finally, the Ministry has the power to exclude a director from the Board in the interest of “national considerations.”[41]
* Under Article 34 of the Law 84 of 2002, the Egyptian government requires that associations submit a list of the names of all candidates for positions on their boards of directors to the Ministry of Social Solidarity at least 60 days prior to the election. The administrative authority may then require an individual to be removed from the list of nominees for “not fulfilling the nomination requirements” – though such “requirements” are not specified anywhere in the law itself.[42] If an individual’s nomination is not withdrawn after an administrative authority request, the government may initiate a judicial proceeding that will prevent any election from taking place until a “competent court” issues a decision on the legality of the nominee – a process that can take months if not years to complete.[43]

3. Prohibition on Affiliations

* Article 21 of the Algerian Law 31-90 of 1990 dictates that foreign associations may only be formed after receiving prior approval from the Minister of Interior. The right to form foreign associations is limited to Algerian associations whose objectives are the same as the foreign association.[44]
* In Morocco, an organization must obtain government permission in the form of a decree before it may enter into any foreign affiliation. [45]
* Similarly, an association operating in Oman must obtain approval from the Minister of Social Affairs and Labor in order to join any foreign affiliation or club.[46]

C. Restrictions on Activities

Laws prohibiting NGOs from participating in political activities are regularly implemented in the MENA region. Often, these laws do not define the term “political activities,” thereby potentially granting administrative agencies the ability to prohibit a wide range of activities, potentially barring NGOs from participating in public policy debates. Many countries also include provisions specifically banning other types of activities.
1. Political Activities

* Law 31-90 of 1990 prohibits Algerian NGOs from participating in any political activities.[47] It also prohibits associations from having any contacts with a political body or accepting funds from any entity with a political nature.[48] Foreign associations are not immune from such bans; in September 2008, for example, the Friedrich Ebert Foundation, present in Algeria since 2002, was forced “to announce the suspension of its activities in Algeria” after being accused of creating “opposition spaces” with its ‘Ramadan Nights’ program of events.[49] The organization has not held any events since.[50]
* Similarly, NGOs are prohibited from engaging in political activities in Syria.[51]
* Kuwaiti NGO laws ban NGOs from “interfering with politics and religious conflicts.”[52]
* Associations in Qatar are prohibited from becoming “involved in political issues.”[53]

2. Additional Restrictions

* In Oman, an association may not “interfere in religious issues” or “hold public festivals or public lectures without obtaining a prior permission from the Ministry.”[54]
* In addition to prohibitions on political activities, NGOs in Bahrain are banned from entering into any speculative activities.[55] They are also unable to obtain real estate without first receiving permission from the competent authority.[56]
* In addition to being prohibited from “interfer[ing] in politics or in matters that impair the State, its security, or its ruling regime,”[57] NGOs in the United Arab Emirates cannot participate in “conferences, forums, assemblies or meetings outside the State” without receiving permission from the Ministry of Social Affairs.[58] Similarly, an association must receive approval from the Ministry prior to holding “conferences, forums, meetings, or events attended by foreigners.”[59]

D. Restrictions on Fundraising

Many nations in the MENA region require associations to obtain prior approval, often but not always in the form of a license, before any fundraising activities can be implemented. Although the requirement to obtain a license may not be problematic on its own, the time constraints associated with obtaining a license may cause difficulties. For example, requiring multiple applications for fundraising licenses each year may create burdensome and expensive administrative processes for smaller NGOs. Also, if an association is only permitted to raise funds once a year its activities may be crippled due to insufficient funds.

* In Bahrain, to obtain a license to raise funds, an NGO must disclose how the money will be collected, how it will be spent, and the name of the bank and the account where the money will be deposited.[60] Once the license is obtained, it is only good for two months. [61]
* In Kuwait, associations are only permitted to collect funds once each year after first receiving a license from the government.[62]
* In Egypt, NGOs may not accept funds from a foreign source or send funds abroad without permission from the Ministry of Social Solidarity.[63] Government permission is also required for an NGO to receive foreign funding in Algeria,[64] Jordan,[65] Syria,[66] and Sudan,[67] among others.

E. Involuntary Dissolution

Governments may also exercise a significant degree of control over associations through the threat of liquidation or dissolution. Often, the legal provisions pertaining to liquidation or dissolution contain broad language, which again grants the administrative authority a great degree of discretion when making decisions.

* The Ministry of Social Development in Syria is able to liquidate an NGO based solely upon its opinion that the NGO is not necessary.[68]
* In Mauritania, the Ministry of Interior may dissolve an association if it “conducts propaganda offending the state” or if the association “violate(s) the state’s credibility,” among other reasons.[69]
* In Oman, an association may be dissolved if the Ministry of Social Affairs and Labor determines that it has violated public “norms.”[70]

F. Criminal Punishments

As previously mentioned, many countries impose criminal penalties on individuals who work with or for an association that is not registered with the government. When these penalties are coupled with laws that do not clearly define what groups are required to register, individuals may unknowingly act in ways that subject them to criminal penalty. In addition, the imposition of severe criminal penalties for minor violations of the law may act as a deterrent to the associational activities of individuals and organizations.

* Any individual who manages or works for an unregistered Algerian association may be punished with a prison sentence of three months to two years and a fine of 50,000-100,000 Algerian Dinars.[71]
* Individuals who manage an unlicensed association in Mauritania may be imprisoned for a period of 1-3 years and fined MRO 3,000-450,000. Individuals working for an unregistered association may be sentenced to one year in prison and be required to pay a fine of MRO 270,000.[72]
* In Egypt, a punishment of up to one year in prison and a fine of LE 2,000-10,000 may be imposed onindividuals who form an NGO without proper registration. In addition, any individual who conducts activities on behalf of an association before registration is complete may be punished with 3 months in prison and a fine of LE 1,000. [73]
* A penalty of imprisonment up to five years and a fine of between TD 10-100 may be imposed on any individual who works for an unregistered association in Tunisia.[74] If an individual manages an unregistered association he or she may be penalized with imprisonment of five months to three years and a fine of TD 10-50.[75]

III. Conclusion: New and Ongoing NGO Law Initiatives

As the preceding pages demonstrate, NGOs operating in much of the Arab world face significant and continuing regulatory and legal barriers to their work. However, though the pace of change is slow, and there are some setbacks, some countries have experienced an incremental liberalization of the environment for civil society. Perhaps most importantly, with positive amendments to the NGO laws of Morocco in 2002 and 2005, Lebanon in 2006, and Iraq in 2010, the Arab region has domestic models for enabling framework legislation on civil society law.

The recent passage of Iraq’s Law on Non-Governmental Organizations is one of the few clear success stories on NGO law reform in the Arab world in recent years. [76] Along with Morocco, Lebanon, and Palestine, it is one of the only NGO laws in the region that does not mandate registration of all NGOs. The process of registering a new NGO, while not perfect, is clear and free of inappropriate discretion for government officials. Applications for registration may only be rejected for failure to comply with the NGO law itself, and any rejected NGO may appeal directly to an independent Court of Appeals.[77] There are no restrictions on foreign affiliations or domestic or international fundraising, [78] and NGOs are not hampered by unnecessarily burdensome reporting requirements.[79] It will now be significant for NGOs to seek implementation of the Law that is consistent with its enabling intent.
Other new and ongoing NGO law initiatives are now underway in at least seven MENA countries, though these initiatives will likely yield mixed results.[80]

* Algeria. The Minister of Interior and Local Collectivities, Yazid Zerhouni, announced in June 2008 that he would seek amendments to the Algerian Law on Associations. However, as of this writing, there is “no public debate on the issue… and no official information on potential amendments,” and as such most civil society leaders fear that any proposed amendments will further restrict the sector.[81]
* Bahrain. Beginning in 2007, the Ministry of Social Development announced that it would amend the 1989 NGO law and engaged in several rounds of public consultations with Bahraini and international organizations as it prepared a draft law. The law reform process stalled in mid-2008, but on September 7, 2009, the Bahraini newspaper Al-Wasat reported that a draft had been approved by the Council of Ministers and sent to the parliament for its consideration. As of this writing no Council of Ministers-approved draft has yet been formally made public.[82]
* Egypt. Since mid-2008, the Egyptian Minister of Social Solidarity and various government officials have confirmed that the Egyptian government will amend Law 84 of 2002. While a draft bill is expected to be introduced in parliament this year, the government has so far refused to make the text of the law available for public review or comment. Among other rumored changes, the General Federation of Associations and Foundations is expected to be assigned a supervisory role, in addition to that of the Ministry of Social Solidarity, in approving or denying registration and foreign funding applications, potentially adding yet another layer of government supervision. Egyptian civil society leaders, fearing that the new law will further restrict the sector, have been and are continuing to mount an advocacy campaign against adoption of any new amendments.[83]
* Kuwait. According to a report of the newspaper Al Qabas, a new draft civil society law is being considered by the parliamentary committee on health, social, and labor issues. No draft has been made available to the public, and at this time it is unclear what the effect of the proposed bill may be.[84]
* Libya. A panel chaired by the son of the Libyan President, Seif al-Islam Qaddafi, was expected to “propose a law permitting the creation of non-governmental organizations” in January 2010. However, recent statements by President Qaddafi stating that civil society “is a bourgeois culture and an imitation of the West” have cast doubt on whether or not the draft law will be announced. The situation remains unclear as of this writing.[85]
* Saudi Arabia. A draft Law on Associations and Foundations that would establish, for the first time, a legal framework for NGOs in Saudi Arabia was approved by the Shura Council in December 2007 and currently awaits the approval and adoption of the King. While many provisions of this law are consistent with international best practices, the draft law gives wide discretionary authority to government officials in the regulation of NGOs. The current status of the law is unclear.
* Yemen. The Ministry of Labor and Social Affairs has made public draft amendments to the Law on Associations and Foundations that would represent a significant degradation in the status of NGOs in that country. Among other things, the proposed law would require NGOs to seek prior approval before receiving funds from abroad, conducting public fundraising at home, or publishing any public media statements. It would also raise the minimum number of founders required for registration of new NGOs and require re-registration of NGOs every two years. International and domestic NGOs are mounting a robust campaign to defeat or improve the proposed amendments, and this campaign is ongoing as of this writing.

The outcome of these initiatives remains unclear. However, as strengthening and increasingly assertive calls for reform by Arab and international human rights defenders and their allies make clear, there is a need for a more progressive legal and regulatory environment for NGOs in the Arab world. The words of Arab leaders have been in some cases encouraging, but if the changes they promise are to become a reality, concrete steps towards more enabling laws for NGOs will be required.

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