INTERNATIONAL CENTER FOR CIVIL SOCIETY LAW
USING LAW TO EMPOWER CITIZENS






For more information on announcements, click on Announcements.

The June 2013 issue of the IJCSL Journal is now available online.

The June 2013 issue of the IJCSL-N Newsletter is now available online.





 

PROMOTING AN ENABLING LEGAL ENVIRONMENT FOR CIVIL SOCIETY AND CITIZEN PARTICIPATION IN COUNTRIES AROUND THE WORLD

Legal professionals and social entrepreneurs Dr. Leon ("Lee") Irish and Prof. Karla Simon began work on comparative civil society law (CSL) in the early 1990's when there was no CSL field in existence. After doing a couple of years due diligence and at the urging of several funders and the Council on Foundations' legal and international staff, they then founded the first international organization to address legal issues confronting civil society with consistency and institutional commitment - the International Center for Not-for-Profit Law (ICNL) in 1992 (www.icnl.org). The first large-scale grant was received from USAID's Democracy Development Program in Central and Eastern Europe in 1993, and ICNL took off from there, with the bulk of its current budget coming from U.S. government sources.

Each of Lee and Karla served as President of ICNL during its first successful decade, when the organization grew from a small 4-person professional office, with no support staff, into a much larger one. With the nurture of its founders, ICNL was by 2002 working on projects in over 60 countries, through several branch and affiliated offices, in addition to its home base in Washington, DC, USA. In addition, ICNL, under their leadership, inaugurated special projects such as the United States International Grantmaking project with the Council on Foundations (www.usig.org), ICNL's database and library (with grants from the Charles Stewart Mott Foundation, the John D. and Catherine T. MacArthur Foundation, and others) and the International Journal of Not-for-Profit Law (IJNL), of which Karla W. Simon was the founding Editor-in-Chief. She went on to found the International Journal of Civil Society Law (IJCSL), the scholarly successor to IJNL, and the IJCSNL-N, a monthly newsletter collecting CSL news from around the world.

Lee and Karla left the growing organization to found ICCSL in 2003. This has enabled them to concentrate on other academic pursuits, including teaching both in the U.S. and elsewhere in the world (Budapest, Bologna, Beijing, and Rome) and writing papers and books, and to address smaller projects with diverse funding, which was not available at ICNL. This has been more consistent with their life objectives. They have engaged in a variety of projects in 15 countries in addition to China. In addition, they continue to publish ICCSL’s scholarly journal The International Journal of Civil Society Law (IJCSL) and the monthly IJCSL-Newsletter, which is highly acclaimed as a first-rate provider of up-to-date information on civil society around the world.

Ultimately their country projects have focused more and more on China with a range of funders and a range of partners there, including two teaching stints (2005 and 2006) at Peking University Law School (Beijing Daxue or Beida) (http://www.iccsl.org/projects/china.html). These projects are discussed in more detail on this website and the new Chinese language website, which is in preparation.

Today ICCSL is a unique international organization. Because its principals have been active in the field since its inception, ICCSL is an unparalleled legal resource for global civil society. Using CSL as a model, ICCSL seeks to protect human freedoms by assisting the improvement of the legal and policy environment affecting the freedoms of belief, expression, association, assembly, information, and citizen participation. It operates both on its own and through its affiliate (the Asian-Pacific Centre for Civil Society Law) with various partners, such as universities, associations of civil society organizations, individuals, governments, and individual CSOs, and foundations. ICCSL activities currently focus on China and include a variety of different projects with several partners.

ICCSL pursues its mission through four separate but inter-related programs: the quarterly International Journal of Civil Society Law and its related monthly Newsletter; other research and publications; technical assistance; and education and professional development.

ICCSL's publications are free online or through email subscription. Donations to help defray costs of production are gratefully accepted. ICCSL is a § 501 (c) (3) public charity, and donations are tax deductible within the limits of US law. For information on how to make donations, please contact Prof. Simon at simon.karla@gmail.com.

 
Highlights:
 
June 2013
 

Karla Simon is featured as a guest on China Specialists Global Post blog

Civil Society Organizations (CSOs) in China after March 2013 National People’s Congress available here:
http://cnssglobal.com/2013/06/14/civil-society-organizations-csos-china-after-2013-national-peoples-congress-by-karla-w-simon/?goback=%2Egde_2387236_member_249979252#.Uby1suDWt8s.

 
May 2013
 

Karla Simon updates her blog on philanthropy and civil society in China

The May post is available on the Latest from Alliance website at http://philanthropynews.alliancemagazine.org/good-news-and-bad-from-the-public-interest-law-front-in-china/.
Previous posts to the blog can be found at http://www.iccsl.org/blog/

 
 

Karla W. Simon's new book Civil Society in China The Legal Framework from Ancient Times to the "New Reform Era" was the subject of two public presentations recently.

One, held at the East-West Center in Washington, DC on April 24 featured a book talk with Dr. Susan Weld of Georgetown Law School's LawAsia as Discussant. The other, held under the auspices of the National Committee on US-China Relations, was held on May 2 In New York City, with Jan Berris, Vice President of NCUSCR, as Discussant.

The webcast for the East-West Center event is available here http://vimeo.com/64762174

The webcast for the NCUSCR event is available here http://www.ncuscr.org/programs/civil-society-china-historical-references-and-latest-developments

In addition, Prof. Simon's book was recently reviewed in The Diplomat. This review/interview is available at http://thediplomat.com/china-power/xi-jinpings-great-society/?utm_source=feedburner&utm_medium=feed&utm_campaign=Feed%3A+the-diplomat+%28The+Diplomat+RSS%29&utm_content=Google+Reader

 
 

Listserv for people interested in civil society in China - Instructions for joining

Professor Karla Simon is managing a listserv for people interested in civil society in China, hosted by CUA Law School. It has over 500 subscribers, including legal academics, academics in other disciplines, practitioners, and journalists. They live in many parts of the world, including China. Conversations so far have been quite robust and have helped to contribute to the scholarship and knowledge of list members. The subscription information is as follows:

 
 
 
What our partners are saying:
 

From Shenyu Belsky, Rockefeller Brothers Fund program officer:

You have done amazing things with ICCSL!

From Mary Page, Director, Human Rights and International Justice at the John D. and Catherine T. MacArthur Foundation:

It is the people who make organizations what they are, and it’s clear that your and Dr. Irish's early energy and commitment - as well as the vision behind those early hiring decisions, have been fundamental to ICNL's growth and achievements.

John Clark, former World Bank NGO staffer and ICNL board member:

I really think you should feel pride for the important journey that you started by creating [ICNL]. The creation of the UN Special Rapporteur position is a testament to the fact that this is an issue whose time has now come, and you had the vision to see this before anyone else.

From Bill Moody, a former Rockefeller Brothers Fund program officer who uses the Newsletter to catch up on developments:

The IJCSL Newsletter is a unique and wonderful resource for those of us who are interested in civil society.

From an American civil society activist:

I have been thinking about how amazingly helpful, excellent, and prolific ICCSL’s work is, and I am so grateful personally for all you have done over the years and for your persistence in changing how the world thinks about NGO regulation.

From a Civil Society Activist in Uganda:

It wasn't until I came on this AKF Study Tour with members of the Government that I even knew there was anyone there with a true interest in civil society.

From an NGO activist in Mongolia:

Thanks for care about the tax law; your comments were very helpful for us.

From a Japanese civil society researcher and activist:

Thanks again for helping to reform Japanese legal system for not-for-profit organizations. I am sure you and Lee played very important roles. In the quite near future, I would like to trace your roles for the Japanese reform.

From a Chinese law professor and researcher:

Your paper is really insightful. Actually you raised your proposals and proved them from an insider’s point of view, which is different from most western scholars. You are trying to be helpful during China’s policy-making, rather just help western people to understand China.

From a South African civil society activist:

Thanks to ICCSL for a really strong and in-depth report. Our Board will be impressed by the solid work you have done.

From USAID:

"The most successful" academic legal education in civil society law in Central and Eastern Europe is the "NPO law course" taught at Central European University by Profs Leon Irish and Karla Simon. USAID evaluation, 11 April 2006.

ICCSL honors and awards:

ICCSL awarded Certificate of Recognition and Appreciation in International Human Rights Law By Indiana University School of Law, September 15, 2004


Washington, DC +1.202.262.7155 or +1.202.262.7154 +1.202.319.4459 (fax)
New York, NY +1.202.262.7155
leonirish8@gmail.com simon.karla@gmail.com
www.iccsl.org

For more information on news items, click on ICCSL News.

June 2013

Egypt

Conviction and Sentencing of NGO Workers Announced; Impact Assessed

A decision by an Egyptian court to jail a number of non-governmental organizations (NGO) workers, including Westerners, over illegal operation and foreign funding is expected to wreck havoc on Egypt’s relations with the West and is seen as a bad omen for the future of NGOs in Egypt. Cairo Criminal Court sentenced on June 4, 43 NGO employees, including Egyptians and foreigners, from one to five years in prison over charges of receiving funds from foreign countries in violation of the Egyptian law and ordered closure of the five concerned NGOs with their branches. “The decision will irritate Egypt’s relations with the Western community which is completely convinced that their funding of NGOs are innocent grants to assist poor countries,” Samir Ghattas, head of Maqdis Center for Strategic Studies, told reporters. Ghattas added that the court order “incriminated” the activities of NGOs, arguing that it might lead other civil society organizations to withdraw from Egypt or find illegal ways for to enter the country. For more see http://www.coastweek.com/xin_070613_06.htm

Reaction of UK Foreign Office available at

https://www.gov.uk/government/news/fco-minister-concerned-by-prison-sentences-for-egyptian-ngos

Story about US reaction available at

http://www.voanews.com/content/us-egypt-ngo/1675274.html

Story about German reaction available at

http://www.dailynewsegypt.com/2013/06/08/merkel-questions-aid-to-egypt/

May 2013

Russia

Election NGO May be Shut Down Warns Justice Minister

Russia’s Justice Ministry will ask a court to close down the Golos Association, an independent election monitoring NGO, if it fails to register as a “foreign agent,” Justice Minister Alexander Konovalov said on May 15. See story at http://en.ria.ru/russia/20130515/181164053/Election-NGO-May-be-Shut-Down-Warns-Justice-Minister.html

Algeria

New Law on Associations Applied to Target HR Activists

The conviction of an activist in Algeria after he distributed leaflets about unemployment in the country is a worrying sign that a new law regulating associations is being used to restrict civil society groups’ activities, Amnesty International said.

On 6 May, Abdelkader Kherba, a member of the Algerian League for the Defence of Human Rights (LADDH) and the National Committee for the Defence of the Rights of the Unemployed (CNDDC) was sentenced to a two-month suspended prison term and a fine of 20,000 Algerian dinars (about USD 250) for distributing leaflets on unemployment in Algeria in June 2011. He had been previously harassed by the authorities because of his work on behalf of unemployed people or in support of trade-unionists. “The latest court case against Abdelkader Kherba is yet another example of how the authorities in Algeria are misusing the law and the judicial system to intimidate those who advocate for social and economic rights,” said Ann Harrison, Amnesty International’s Deputy Director for the Middle East and North Africa. http://www.amnesty.org/en/news/algeria-new-law-associations-used-stifle-civil-society-2013-05-07

Egypt

Country Draws Criticism Of Draft Law By UNHCHR

United Nations High Commissioner for Human Rights Navi Pillay criticized the latest version of the NGO draft law on May 8.

In press statements, Pillay said that the draft law “largely ignores input from local and international human rights organizations”. She said she fears “draconian restrictions” could be imposed on civil society organizations if this draft law is enacted “If a law is passed that severely constrains the activities of civil society organizations, it will mark a further blow to the hopes and aspirations of the 2011 ‘Egyptian Revolution,’” she said. Pillay pointed out that contributions by civil society organizations will be important to the country’s future. Pillay voiced her concern regarding a possible deterioration of the status of local civil society organizations compared to their situation under the former regime. “Despite the authoritarian nature of the previous Egyptian Government, local civil society organizations were still feisty and effective operators,” she said. The story is available at http://www.dailynewsegypt.com/2013/05/08/unchr-criticises-ngo-draft-law/#nePhoto/0/

April 2013

Kenya

New Public Benefit Organizations Act 2013 Analyzed

A lot has been written about the newly enacted Public Benefit Organizations (PBO) Act, 2013, which will repeal the NGOs Co-ordination Act of 1990. It is fair to say that some of what has been written has caused apprehension in the NGO sector. It is, therefore, important that clarity be brought to the discussion on this law. Specifically, the law seeks to improve the regulatory environment for NGOs in Kenya, increase regulator efficiency and transparency, improve sector capacity and accountability and develop dialogue between civil society and the government. The PBO Act is the product of extensive consultations involving stakeholders from relevant government agencies and NGOs involved in public benefit work. The process also benefited from consultations and borrowed good practice from various renowned PBO regulators such the Charity Commission of England and Wales and the Office of the Scottish Charity Regulator. http://www.nation.co.ke/oped/Opinion/New-NGO-Act-balances-enablement-and-regulation/-/440808/1741134/-/45hirsz/-/index.html. The text of the Act can be found at http://ikm.co.ke/sites/default/files/downloads/Public%20Benefit%20Organisations%20Act%20-%20Synopsis.pdf.