Human Rights Committee Votes to Overturn Requirement Regarding Removal of Turbans
Sikhs in France have won a major victory in their attempt to overturn French legal requirements that they remove their turbans for the taking of driver's license photos and for
other reasons. In its judgment, reached in July 2011 but only
revealed in January 2012, the UN Human Rights Committee (UNHRC) said: "Even if the obligation to remove the turban for the identity photograph might be described as a one-time
requirement, it would potentially interfere with the author's (Ranjit Singh's) freedom of religion on a continuing basis." The committee also said that France had failed to explain
how the Sikh turban hindered identification since the weare's face would be visible and he would be wearing it at all times in any event. In 2008 the European Court of Human Rights
dismissed an appeal on grounds of security. It said that while another complainant in the UNHRC case, Shingara Singh's, religious rights had been infringed, France was justified to
ban the turban on the driver's license photo because the turban posed a security risk of fraud and falsification. That is when Ranjit Singh decided to file a case to the UNHRC. The
committee has now judged that a turban does not pose a risk to security.
China January 2012
112 Charities to Join Online Disclosure Platform
To restore public trust in charities, 112 Chinese organizations are on track to participate in a government-sponsored information disclosure platform, according to Caixin Online. In
the wake of immense public backlash against China’s charities over millions in misused funds, these organizations have pledged to promote information transparency through a new
government disclosure platform. Through the China Charity & Donation Information Center’s (CCDIC) forthcoming online platform, the 112 charities said they will publish their accounting
records according to a new set of information disclosure guidelines. The announcement at an annual philanthropy conference sponsored by the Ministry of Civil Affairs—which oversees the
CCDIC—comes just three weeks after 24 foundations publicly pledged to ensure the integrity of philanthropy in China. The new standards will also clarify how and when third parties
should audit charities, the charities said, although they did not clarify what the exact requirements will look like. The joint effort includes China Charity Federation, as well as the
China Youth Development Federation and the Red Cross Society of China. For more see http://english.caixin.com/2012-01-09/100347049.html.
China January 2012
Ministries of Civil Affairs and Finance Issue New Audit Guidelines for Foundations Effective January 2012
The new Audit Guidelines, available in Chinese at
http://www.mca.gov.cn/article/zwgk/fvfg/mjzzgl/201112/20111200248698.shtml,
for the first time require that financials of foundations be reviewed by certified public accountants. This guidance comes in response to a series of scandals in "public foundations"
(those with close ties to the government such as the Chinese Red Cross Society and the China Charity Federation) that occurred over the course of the summer and fall 2011. An in depth analysis of
the issues and how the government is responding to them can be found in the English language service of China's Xinhua news agency at
http://news.xinhuanet.com/english/indepth/2012-01/02/c_131338859.htm
(this story only refers to the November announcement that the audit guidelines would be promulgated, not to the policy itself).
Prior to the new requirement, financials had only to adhere to the Chinese Accounting System for NPOs, available at
http://www.iccsl.org/pubs/ChinaAccountingSystemofNPOs.pdf.
Cambodia January 2012
Cambodia Draft Law on NGOs Being Reconsidered
According to Voice of America, the Cambodian government on December 28, 2011 appeared to bow to pressure and took a step back on the law, with Prime Minister Hun Sen saying in a public speech he wanted the Ministry of Interior and local NGOs to continue discussions that would make the law "acceptable" to all. http://www.voanews.com/khmer-english/news/Hun-Sen-Calls-for-More-Talks-on-NGO-Law-136319558.html
Egypt January 2012
Crackdown on Foreign Funded CSOs Continues into January
According to the New York Times, Egypt’s military-led government on January 1, 2012 justified its recent crackdown on human rights and democracy-building organizations as a
defense against foreign interference in its politics, defying international pressure and contradicting reports from senior officials in Washington that Egypt's military rulers
had pledged to soften their stance. Egypt's defense of the raids escalates a diplomatic feud with Washington that began last Thursday with raids by armed police officers on the
offices of 10 nonprofit groups, including 3 supported mainly by the United States government: the National Democratic Institute, the International Republican Institute and Freedom
House. Egypt's continued support of the raids is also the latest indication that the military rulers who took over after the ouster of former President Hosni Mubarak share his
government's dim view of the international norms of democracy and human rights. Facing escalating domestic and international pressure to turn over power, the ruling military council
has appeared increasingly willing to use force without apology to intimidate its critics, including directing assaults on demonstrators that have left more than 80 people dead and
hundreds wounded over the last three months. The raids on the nonprofit groups have sent a tremor of fear through the network of human rights watchdogs that have documented and
strongly criticized abuses by the military. For more on this story and the background to it, see
http://www.nytimes.com/2012/01/02/world/middleeast/backing-off-vow-of-softer-stance-egypt-backs-office-raids.html?ref=world.
Israel December 2011
Second Draft of Anti-Foreign Funding Bill Tabled after AG Pronounces It "Unconstitutional"
Skirmishing over the second draft of bills introduced in both houses of the Knesset to limit foreign funding to Israeli NGOs continues, with Prime Minister Netanyahu
once again reversing course on the bills and tabling them. After negotiating with the drafters of the bills to find a solution, Netanyahu decided to freeze discussions
of the bills. The decision, which marks Netanyahu’s second reversal on the same issue in less than a week, came after Attorney General Yehuda Weinstein informed Netanyahu
he would not defend the bill should it be challenged in court. Weinstein claims the so-called Law of Associations is "unconstitutional." For a story from Israel National News,
see http://www.israelnationalnews.com/News/News.aspx/150507#.TuzF7SNWpmK. For a discussion of Weinstein’s conclusions about the bills, see
http://www.haaretz.com/print-edition/news/ag-to-netanyahu-bills-targeting-israeli-rights-groups-funds-are-unconstitutional-1.400002.
China December 2011
Ministry Issues Guidelines on Charity Donations
The Ministry of Civil Affairs (MCA) issued a new guideline on December 16, 2011 to offer suggestions to charity groups on how to disclose donation information in the wake of doubts about the
transparency of their operations. The government hopes the guideline will improve charity organizations' information publicity and protect the public's right to know and supervise such
organizations, said a ministry statement. Charity groups should disclose information about what donations they receive, how they raise money, how they use funds and who their beneficiaries
are, according to the guideline. According to the Guidelines, they should inform the public within 15 working days after receiving a grant and within a month after distributing donations to
beneficiaries. With regard to donations after a serious accident or natural disaster, the information should be made public within 72 hours after donations are received, the guideline said.
Organizations should disclose relevant information every six months or less for charity programs lasting more than six months, enabling donors and the public to follow the program’s development.
MCA said that the guideline is expected to set a standard for charity groups to establish their own information publicity system and for local governments to work out supervision rules on charity
groups, the statement said. See story in China Daily at story: http://www.chinadaily.com.cn/usa/business/2011-12/17/content_14281984.htm. The text of the guidelines is available here:
http://www.mca.gov.cn/article/zwgk/mzyw/201112/20111200243894.shtml
Cambodia December 2011
4th Draft of NGO Law Released and Discussed
The highly-anticipated fourth draft of the controversial Draft Law on NGOs and Associations circulated at a meeting of the Cooperation Committee for Cambodia yesterday
"is still unacceptable to civil society," attendees told the Phnom Penh Post. Fundamental problems remain with the fourth generation of the NGO Law, "which continues to be a restrictive
piece of legislation," civil society organizations said in a media release on December 15, 2011. The unofficial English translation of the latest version of the law, obtained by the Post,
indicated that one of the key concerns of NGOs – appeal rights – has still not been addressed by the government. Only domestic associations and organizations have the right to appeal
"to the court," and only in the event registration is not approved by the Ministry of Interior. The fourth draft of the law creates two separate registration procedures, one for domestic
associations and NGOs and one for foreign associations and NGOs. Domestic associations and NGOs may be "freely established" without obtaining permission or giving notice, but do not have
"legal capacity" unless they register. Effectively this means that despite government promises that mandatory registration would be dropped in the fourth generation,
domestic associations and organizations would be unable to hire staff, have bank accounts, rent or buy office space or enter into other contracts unless they register.
There is also a new and very troublesome provision, which states that the Ministry of Foreign Affairs may terminate its Memorandum of Understanding with a foreign association or
NGO "in the event that a foreign association or non-governmental organization conducts activities which jeopardise peace, stability and public order or harm the national security,
national unity, culture, customs and traditions of the Cambodian national society." For more see
http://www.phnompenhpost.com/index.php/2011121653458/National-news/ngo-draft-worries.html.
A copy of the 4th Draft of NGO Law can be viewed in the Document Center.
Request for Information December 2011
Freedoms of Peaceful Assembly and Association
Maina Kiai, the UN Special Rapporteur on the rights of freedom of peaceful assembly and association, requests responses to a questionnaire that will help him prepare a thematic report to
the Human Rights Council. The report will elaborate a framework on best practices to promote and protect the rights of freedom of peaceful assembly and of association.
Mr. Kiai requests responses no later than January 20, 2012. To access the questionnaire, go to: http://bit.ly/vVij3j.
To send responses, e-mail or fax the completed questionnaire to the Office of the High Commissioner for Human Rights at:
freeassembly@ohchr.org; +41 22 917 90 06.
Israel November 2011
Netanyahu Freezes Bills to Limit Foreign Funds to CSOs
Prime Minister Benjamin Netanyahu has frozen the possible passage into law of two bills aimed at limiting foreign funding to civil society organizations, according to Ha'aretz.
Israel's Ministerial Committee on Legislation had approved two bills targeting foreign funding of civil society organizations on November 13. The Akunis bill
would have precluded a "political association" from receiving more than 20,000 NIS from a foreign diplomatic entity. The bill defines a "political association" as "an association whose goals include an attempt to impact the State of Israel's political and security agenda, or an association under whose auspices activities of a political nature take place."
The Kirshenbaum bill would have imposed a 45% tax on donations provided by foreign state entities to otherwise tax exempt NGOs with "public institution" status. The only exception is for organizations that receive funding from the State of Israel. Both bills are explicitly intended to cover "human rights organizations."
Ha'artez suggests that Netanyahu caved into to political pressure from outside Israel. For more information, see http://www.haaretz.com/news/national/netanyahu-freezes-bills-to-limit-funds-for-israeli-human-rights-groups-sources-say-1.396591.
China November 2011
Charity Law Makes Progress
China will make a law on philanthropy, which has been listed on the legislative agenda of the 11th National People's Congress (NPC) Standing Committee and the legislative plan of 2011, according to a report adopted by the NPC Standing Committee at its recently ended bimonthly session. The Legislative
Affairs Office of the State Council is reviewing a draft submitted by the Ministry of Civil Affairs (MCA), which focuses on fostering philanthropic organizations, soliciting contributions, supervision and tax preferences. Some deputies of the NPC proposed the legislation on philanthropy during the annual
legislative session in March 2011. Some deputies had also proposed legislation on soliciting contributions. The NPC’s Committee for Internal and Judicial Affairs agreed with the Ministry of Civil Affairs on that it was unnecessary to make a law on soliciting contributions, since it had been included in the
draft law on philanthropy. For more see http://www.chinadaily.com.cn/usa/china/2011-10/29/content_14002176.htm.
Egypt November 2011
Civil Society Proposes New NGO Law
Thirty-nine human rights and development organizations have drafted a new law to regulate NGOs and sent a copy to Prime Minister Essam Sharaf. The proposed law provides for the autonomy of Egyptian civil society organizations from the state and its administrative apparatus.
At the same time, it guarantees the transparent operation of these organizations in terms of their activities and sources of funding. Under the proposed law, civil society groups and NGOs can be established by notification at a primary court, and the Ministry of Justice will
be the competent administrative body. The law also provides for the freedom to join and form international and local networks and alliances. According to AllAfrica.com, the organizations "propose this law as a democratic alternative to the current law (84/2002), which gives
arbitrary powers to the Ministry of Social Solidarity and Justice and permits daily intervention by the security apparatus in the operation of civil society associations and NGOs. This alternative law has been drafted with due consideration for international standards, aiming
to rectify the current law's incompatibility with such standards, as this incompatibility was a constant source of criticism of the Egyptian government, especially during the UN Universal Periodic Review of the human rights record in Egypt conducted by the UN Human Rights Council
in 2010. Indeed, one of the recommendations to the Egyptian government was to pass legislation that allows NGOs to accept foreign funding without prior government approval, legislation that allows for increased freedom of association and assembly, and legislation allowing labor unions
to operate without joining the Egyptian Trade Union Federation." The list of organizations can be found at http://allafrica.com/stories/201111180485.html. This law counters one proposed by the
government and discussed in Al Masry Al Youm, available at http://www.almasryalyoum.com/. The government proposal would focus on foreign funding to NGOs.
Middle East November 2011
Arab League Suspends Syria from Foreign Ministers Council
The Arab League has reached a decision, by consensus with some reservations, to suspend Syria’s participation in the Arab Foreign Ministers Council pending an end to the use of violence by the Syrian regime against pro-democracy demonstrators. The resolution was reached following extensive consultations over
two days, with Qatar taking the leading in discussion with concerned regional and international powers. The resolution, to which Lebanon and Yemen objected, and on which Iraq expressed reservations, promises to lift the suspension once Syria ends the use of violence against protestors calling for an end to the Bashar Al-Assad regime. The suspension is applicable starting 16 November.
National Human Rights Council Barred from Receiving Large Number of Foreign Donations
According to a story in the Addis Fortune, the Federal High Court 11th Civil Bench upheld the decision of the Ethiopian Charities & Societies Agency (ECSA)
Board which blocked eight million Birr (approx. US$ 467,000) belonging to the Human Rights Council (HRCO), a local NGO, on October 25, 2011.
The Board had blocked the money claiming that it was collected from foreign sources and constituted more than 10 per cent of the capital of HRCO, which contravenes
the Charities and Societies Proclamation of 2009. The proclamation states that local NGOs must secure 90 percent of their funds from local sources
to be allowed to operate in specific areas such as rights advocacy. It had given charities and societies a one-year grace period to prepare for and register under the new system.
The HRCO took its appeal to the court contesting the board decision on April 28, 2011. The Council argued that the money was unused funds that were supposed to be returned to donors.
However, the Board had countered that the Council had a year to prepare and use the money and knew about it. Only an amount contributing to 10 per cent of its capital would be released
to it every year, the Board decided. The Council did not contest that it has collected a little over five million Birr from abroad while it has raised 331.571 Birr from local sources.
The presiding judge Aseffa Aberah at the High Court found that the Council has collected more than 10 per cent of its budget from abroad and cannot use it as it is registered as a local NGO.
For more see http://addisfortune.com/Court%20Upholds%20Confiscation%20of%208m%20Br%20from%20Local%20NGO.htm.
Tajikistan October 2011
Tajikistan Town Hall
Secretary of State Hillary Rodham Clinton held a Town Hall on civil society and youth with ICCSL partner AKDN in Dushanbe Tajikistan. For the full transcript of the Town Hall click here.
United Kingdom October 2011
Major Decision by Upper Tribunal Rejects Part of Charity Commission Approach to Fee-Charging Schools
ThirdSector reports
that the United Kingdom’s Upper Tribunal has rejected in part an attempt by the Charity Commission for England and Wales
to require schools seeking classification as a charity to admit students who are unable to pay the schools' fees. While the Upper Tribunal accepted that given the public benefit requirement for charities "it is necessary that there must be more than a de minimis or token benefit for the poor," it rejected any bright line fee reduction or scholarship
requirement, instead concluding that "once that low threshold is reached, what the trustees decide to do in the running of the school is a matter for them, subject to acting within the range within which trustees can properly act” (para. 229 of the opinion). At the same time, it noted that the more than de minimis benefit for the poor is not by itself
sufficient to demonstrate public benefit; rather, the test “is to look at what a trustee, acting in the interests of the community as a whole, would do in all the circumstance of the particular school under consideration and to ask what provision should be made once the threshold of benefit going beyond the de minimis or token level had been met"
(para. 215 b; see also para. 216). The Upper Tribunal acknowledged that its decision "will not, we know, give the parties the clarity for which they were hoping" but left it to Parliament to adopt more bright line standards, if it so chose (para. 260). While the Charity Commission is
attempting to paint the decision as a victory, it appears its
attempt to focus primarily if not exclusively on requiring fee-charging schools to provide significant access on a reduced or zero fee basis to those of lesser economic means when determining whether such schools provide sufficient public benefit has been dealt a major setback.
Russia October 2011
Proposed New Religion Law Evokes Criticism
On 5 October 2011 a draft law was posted on the web site of the Ministry of Justice of the Russian Federation titled "On introducing changes in the federal law 'On freedom of conscience
and religions associations.'" This draft has evoked serious concerns among evangelical and other unregistered religious groups, some of which are available on the website of
Russia Religion News of Stetson University, available at http://www2.stetson.edu/~psteeves/relnews/1110b.html.
In particular, the draft law is criticized because it eliminates the concept of a
religious group, which in existing law is defined as "a voluntary association of citizens formed for the purpose of joint confession and dissemination of faith, which conducts activity
without state registration and the acquiring of the legal status of juridical person. . . . Religious groups have the right to conduct worship services and other religious rites and ceremonies
and also to conduct teaching of religion and the religious education of their adherents" (Federal law of 26 September 1997, "On freedom of conscience and religious associations," art. 7,
points 1,3). IJCSL-N will continue to monitor developments with regard to this proposed law.
Cambodia October 2011
Draft Law on NGOs May Violate International Obligations
Maina Kiai, UN Special Rapporteur on the rights to freedom of peaceful assembly and of association
A Cambodian draft law making registration of associations and non-governmental organizations (NGOs) mandatory and banning unregistered groups,
risks breaching an international treaty, a United Nations rights expert has warned, calling on the Government to review it.
"The current draft NGO law contains a set of problematic provisions, raising concerns over a potential negative impact on Cambodian citizens'
democratic participation in furthering the development of their country," UN
Special Rapporteur on
the rights to freedom of peaceful assembly and of
association Maina Kiai said in a news release,
noting that it could violate the International Covenant on Civil and Political Rights (ICCPR).
New Zealand October 2011
Charity Commission to be Disestablished
The Cabinet has confirmed a plan to disestablish the Charities Commission, and transfer its core functions to the Department of Internal Affairs (DIA).
A three person statutory board will be established with decision-making powers concerning registration and de-registration functions. This is part of the government's effort to
restructure itself and streamline operations. The aim is for the changes to come into effect in the middle of 2012. Details are yet to be confirmed, but the Commission is working
with DIA to ensure the transition is as smooth as possible, and that any impact on charities and the public is minimized. The Commission said that charities should continue to comply
with the Charities Act, and will be kept informed as more detail becomes known. For more, see the
Minister’s announcement
and the Crown Entities Reform Bill disestablishing the Commission,
which was introduced to the House on 29 September, and had its first reading on 4 October. The Bill has now been referred to the Government Administration Committee.
United States September 2011
Seminar on Civil Society Organizations in China
A public policy seminar, on Civil Society Organizations in China, was held on Monday, September 19, 2011 at Johns Hopkins University.
This talk described the current legal situation for NPOs/CSOs in China including the three types of permitted organizations and the "dual management" issue.
Recent developments aimed at making registration easier will be discussed along with scandals in the charity sector and tempts to make organizations more accountable to the public and their donors.
Additional images from the event can be found in the Photo Gallery.
Egypt September 2011
Draft FOI Law Proposed by Human Rights Law Group
The Egyptian human rights law firm the United Group has released a draft of a proposed law on freedom of information for Egypt. "Freedom of information is essential to democracy, and Egypt will not be truly democratic until freedom of information is guaranteed," said United Group Senior Partner Negad El-Borai at a press conference in Cairo, according to a press statement. "This proposed law represents more than three years of effort and the input of countless Egyptian policymakers, businesspeople, journalists, and civil society groups. It is vital for Egypt's future that it be instituted right away." The proposed law consists of 62 articles in eight sections. It is the result of parallel multi-year, broad-based consultative efforts to promote freedom of information on the part of Center for International Private Enterprise (CIPE) and the United Group.
Cambodia September 2011
NGO Law Sent Back to Ministry of Interior for Reconsideration
A contentious law aimed at regulating Cambodia’s non-governmental sector has been sent back to the Ministry of Interior, following international concern that the draft as it stood could damage the country’s development, according to reports by Voice of America’s Khmer service. The NGO law was approved in August by the Council of Ministers (reported in IJCSL-N for August), despite widespread disapproval from local and international organizations, who said provisions in the draft would make it hard for them to operate and could leave them vulnerable to arbitrary punitive action by government officials. Nouth Sa An, secretary of state for the Ministry of Interior, said the law would not go to the National Assembly as planned but has instead been sent back to the ministry for reconsideration, following international “reaction.” Ministry officials will now “review and reconsider” the draft before sending it back a second time to the Council of Ministers for approval. Lam Chea, a legal counselor for the Council of Ministers, confirmed the decision. The move was widely welcomed by members of Cambodian civil society, who had worried the law would stifle organizations critical of the government through excessive red tape or court action. Many also worried it would stymie the growth of small-scale associations at the grassroots. For more information, see http://www.voanews.com/khmer-english/news/Controversial-NGO-Law-Sent-Back-for-Re-Draft-129446918.html.
India September 2011
Process for Developing New National Policy on the Voluntary Sector Advances
VANI, the Volunteer Action Network India, has published an assessment of the successes and failures of the governmental Planning Commission’s efforts to create a new national policy for
the voluntary sector.
This is available at http://www.vaniindia.org/blog/?p=76. The new national policy adopted in 2007 (http://planningcommission.gov.in/data/ngo/npvol07.pdf) had lofty goals, but many of them have not been met, according to VANI. ICCSL partner, Noshir Dadrawala of the Centre for the Advancement of Philanthropy in Mumbai, serves as a member of an Expert Group on the feasibility of an alternative "All-India Statute for Voluntary Organizations." Another new policy would be to establish a National Accreditation Council for India (NACI) for Voluntary Sector, and the final Task Force report for that initiative has been published by CAPART (Council for Advancement of People’s Action and Rural Technology) and is available at http://capart.nic.in/final.pdf.
Stockholm, Sweden August 2011
ICNL Global Forum on Civil Society Law
A short video from the 2011 ICNL Global Forum on Civil Society Law (Click on the image to play).
ICNL’s founders and first two presidents, Dr. Leon Irish and Prof. Karla Simon, congratulate ICNL and its partners on the successful Global Forum held in Stockholm on August 21-23. Activists from all over the globe attended this exciting event and discussed the legal issues affecting civil society that ICNL first brought to worldwide attention beginning in 1992.
United States August 2011
Karla Simon begins new blog on philanthropy and civil society in China
Third Version of Draft NGO Law Made Available to Working Group; Local NGO Suspended
The Royal Government of Cambodia released the third version of the draft "Law on NGOs and Associations" on July 29, 2011. Devex.com has suggested that the draft law has now moved from
the Prime Minister's Office to an inter-ministerial working group at the Council of Ministers. Upon review by the working group, the draft law will then be passed to the Cabinet level. The new version of
the draft law is little changed from the second version, and most of the fundamental issues in previous drafts remain the same; the new law does, however, permit local NGOs to appeal failures to
register them. See http://www.devex.com/en/articles/pending-passage-of-ngo-law-cambodia-suspends-urban-poor-group.
The Devex report also discusses Cambodia's suspension of a local
non-governmental organization critical of a government project and suggests that it raises concern over an administrative crackdown on groups advocating the rights of the marginalized.
All of this is further discussed in posts at http://www.ccc-cambodia.org/press-clips.html. Comments on the third draft can be found at
http://www.licadho-cambodia.org/reports/files/155LICADHOBriefThirdDraftNGOLaw2011-Eng.pdf.
China August 2011
Breakthrough Judicial Interpretation of Freedom of Information Regulations
A new interpretation of the law by the courts may make it easier for citizens frustrated in their efforts in seeking information from the government to sue the department in question.
The ruling specifies situations in which a government department may be sued under the Open Government Information Regulations. Since coming into effect in 2008, these have been
criticized as being vague and unevenly enforced. A court must now accept a lawsuit under one of five scenarios, including: if the government department fails to respond or to respond in time to a
request for information; if the response fails to meet legal standards; or if a citizen believes that the release of the information infringes on his or her privacy. "More specific rules make it easier for
citizens to bring lawsuits," Professor Wang Yukai of the Chinese Academy of Governance said. Public interest lawyer Yu Fangqiang said: "It is now clear that if we think the answers are not good
enough, we can sue." However, while legal experts hailed the new interpretation as a step forward in making the regulations more operable, they said much more needs to be done to foster the
"sunshine administration" that the authorities have promised. The ruling is the latest move to make government policies and decision-making more transparent since the train accident in
Wenzhou on July 23 threw the country's leadership into crisis. This month, the State Council issued an opinion stating formally for the first time that "making information public is the rule; not making it
public is the exception." But Yu pointed out that the new judicial interpretation fails to address several common problems he faced when making requests under the information regulations.
For further information on this story see the South China Morning Post at http://www.scmp.com/portal/site/SCMP/menuitem.2af62ecb329d3d7733492d9253a0a0a0/?vgnextoid=842cd616e1ec1310VgnVCM100000360a0a0aRCRD&ss=China&s=News.
Uganda August 2011
Ongoing Discussions about Amending NGO Act; NGO Views Solicited
The NGO Forum and Hurinet Uganda have solicited views of NGOs regarding possible amendments to the NGO Act, which are being considered by the NGO Coordination Board. Hurinet-U has posted its comments and questions for NGOs on its blog at http://hurinet.blogspot.com/2011/07/review-and-amendment-of-ngo.html.
Africa August 2011
Draft Declaration on Access to Information Posted
The African Platform on Access to Information Working Group is proud to announce that the second draft of its declaration is now available for public viewing online, at www.windhoek.org.
The Declaration will be presented to over 150 delegates at the Pan African Conference on Access to Information,
which will be held in Cape Town from September 17th – 19th. The development of the African Platform on Access to Information (APAI) Declaration is part of an intercontinental initiative to promote Access to Information on the
continent 20 years after the Windhoek Declaration on Promoting an Independent and Pluralistic African Press. The APAI declaration is intended to elaborate on the right of access to information on the continent, and to set out minimum
standards for access to information at a national level. The APAI seeks to win global recognition of 28 September as World Day of Access to Information – an annual occasion for advocacy, celebration and education. For more information
and to comment on the draft declaration visit http://www.pacaia.org./index.php?option=com_content&view=article&id=54:lorem-ipsum.
United States July 2011
Recognition of ICNL's Work for Civil Society
Dr. Leon E. Irish and Prof. Karla W. Simon are pleased to report recent high-level attention to the work of the
International Center for Not-for-Profit Law (ICNL), an organization they founded almost 20 years ago. In her remarks
at a strategic dialogue with civil society representatives during the Community of Democracies Sixth Ministerial Conference
on June 30, 2011, Secretary of State Hillary Rodham Clinton recognized the "world class legal expertise" of ICNL.
See http://iipdigital.usembassy.gov/st/english/texttrans/2011/06/20110630190246su0.2517207.html#axzz1SBfHmR00. The current team, led by
Douglas Rutzen, President, and Stephan Klingelhofer, Executive Vice President, is carrying forward the ideals its founders
established for ICNL at the outset. We have great hopes for ICNL's continued success, as the third decade of its existence
begins.
United States July 2011
Dr. Shawn Shieh and Prof. Karla Simon Brief Congressional Staff on Human Rights and Social Change in China
As part of the "China 101" series co-sponsored by the bipartisan Congressional US-China Working Group and the US-Asia Institute, Dr. Shieh and Prof. Simon addressed issues affecting human rights, social change, and civil society to assist in the development of US foreign policy vis à vis China. Dr. Shieh is the new editor editor-in-chief of the English language translation project of China Development Brief – www.chinadevelopmentbrief.cn. They were invited by Dr. Thomas Lum, of the Congressional Research Service.
China July 2011
Assessment of National Human Rights Plan 2009-2010 Discusses NPO Issues
According to the Assessment Report on the National Human Rights Plan 2009-2010 published in China Daily on July 14, 2011,"the construction and management of social organizations have been strengthened to enhance their function in serving
society. The revision of the Regulations on the Management of Foundations, Regulations on the Registration and Management of Social Organizations, and Interim Regulations on the Registration and Management of Private Non-enterprise Entities has
been incorporated into the legislative work plan of the State Council. Social organizations raise over 10 billion yuan every year for poverty reduction and relief, and disaster relief and prevention….Meanwhile, social organizations have provided over ten
million full-time and part-time jobs." For the text of the entire report, see
http://www.chinadaily.com.cn/china/2011-07/14/content_12903577.htm.
In another development, the Report also suggests that China has amended legislation to prepare for ratification of the ICCPR. See
http://www.chinadaily.com.cn/china/2011-07/14/content_12904570.htm.
Japan July 2011
Complicated New Rules for Charitable Donations Adopted by Diet
The Diet (Parliament) of Japan has adopted legislation creating a new tax regime for donations to civil society organizations in the country. Certain rules are applicable to donations for relief from the earthquake and tsunami that struck Japan in
March 2011, and these expire in 2015. Another set of rules, for donations to qualifying public benefit corporations (PBCs) and "Specified Nonprofit Corporations" (SNPCs), have also been adopted and these are permanent. The Japan Association of
Charitable Organizations (JACO) has a new paper on its website describing the new tax rules.
See http://www.kohokyo.or.jp/kohokyo-weblog/topics-english/2011/07/tax_reforms_adopted_for_charit_1.html.
Europe July 2011
Court of Human Rights Holds Failure to Grant Provision for Alternative to Military Service Violates Freedom of Religion
The European Court of Human Rights has published a Grand Chamber judgment finding that Armenia violated Vahan Bayatyan’s right to freedom of thought, conscience and religion. According to the Court press release, in the Grand Chamber judgment in the
case Bayatyan v. Armenia (application no. 23459/03), which is final, the European Court of Human Rights held, by a majority, that there had been: A violation of Article 9 (freedom of thought, conscience and religion) of the European Convention on Human
Rights. The case concerned the conviction in 2003 of a conscientious objector - a Jehovah’s Witness - for his refusal to perform military service. He was imprisoned despite Armenia’s undertaking, when joining the Council of Europe on 25 January 2001, to
introduce civilian service as an alternative to compulsory military service within three years and to pardon all conscientious objectors sentenced to imprisonment. For more information,
see http://cmiskp.echr.coe.int/tkp197/view.asp?action=open&documentId=887961&portal=hbkm&source=externalbydocnumber&table=F69A27FD8FB86142BF01C1166DEA398649.
India June 2011
Important Meeting to Encourage Philanthropy Held in Mumbai
Leading institutional, individual and corporate donors met at a conference in Mumbai to take the first steps towards forming a network by donors for donors.
The Philanthropy Leadership Confluence (PLC), organized by the Centre for Advancement of Philanthropy (CAP) and Samhita brought together a diverse set of individual
donors, Indian and international foundations, sector intermediaries as well as social investors to debate and discuss how donors can collaborate to ensure that their funding
creates the greatest social impact.
ICCSL partner Noshir Dadrawala speaking at the conference
Global June 2011
Civil Society Organizations Adopt "Siem Reap Consensus," an International Framework to Protect Civil Society
Two hundred Civil Society Platforms and membership Organizations, representing over 10,000 national, international and Global CSOs have endorsed an International Framework that includes five
Standards to respect, empower and protect Civil Society around against negative government and Donor actions. Known as the "Siem Reap Consensus," this international framework, for the first time in the history
of the civil society movement, identifies five standards that must be met by governments and donors to ensure effective development and equitable partnership with CSOs. They include:
Fulfillment of obligations to fundamental human rights that enable people to organize and participate in development;
Recognizing CSOs as development actors in their own right;
Structuring democratic policy dialogue and public policies to improve development effectiveness;
Being accountable for transparent and consistent policies for development; and
Creating enabling financing for CSO development effectiveness.
Some provisions of new legislation governing the activities of NGOs in Somaliland could undermine international humanitarian activity in the self-declared independent territory, according to aid workers and donors. The Non-Governmental Organization Act (National and International) is
designed to establish a legal framework for NGOs, to ensure their activities are in line with the government’s development priorities and to improve accountability and transparency. These principles are not in dispute, but the perceived ambiguity of some of the law’s wording and the practical implications of some of its articles have prompted high-level exchanges with Somaliland
authorities involving not only NGOs but also donors and the UN. A report published by IRIN quotes Tanja Schümer, the focal point of the Somalia NGO Consortium:
"We are very concerned about the impact that this law in its present form could have on the population in need, which is largely being assisted by international NGOs."
For more, see http://www.irinnews.org/Report.aspx?ReportID=92715.
Cambodia June 2011
Draft NGO Law Withheld
Radio Free Asia reports that Cambodian authorities have limited debate on a proposed law that would regulate civil groups. The government is expected to push ahead with the controversial law closely
regulating nongovernmental organizations despite concerns by human rights groups that the legislation will severely restrict NGOs from operating freely within the country. The Cambodian government has
made amendments to a second draft of the law based on feedback from NGOs but has not made them public.
NGOs say they fear the third draft does not incorporate significant changes proposed in
consultations with the government over the previous version of the law.
Critics have called the proposed law unreasonable because it would ban unregistered voluntary organizations and allow the government
to oversee the operations of both foreign and domestic NGOs. For more information on the subject, see http://www.rfa.org/english/news/cambodia/draft-06012011193227.html.
Americas June 2011
Resolution on Freedom of Association Adopted by OAS
ICCSL welcomes the decision taken by members of the Organization of American States (OAS) to adopt a resolution on freedom of association, which recognizes the importance of respecting this
fundamental right and its role in the promotion of democracy. The resolution, titled "PROMOTION OF THE RIGHTS TO FREEDOM OF ASSEMBLY AND OF ASSOCIATION IN THE AMERICAS,"
was passed on June 7, 2011 by the entire 34 state membership of the OAS, at the 41st OAS General Assembly held in El Salvador. This is the first time that Latin American states have formally
addressed the issue of freedom of association in the region. In the resolution, Member States commit to promote and encourage various forms of citizen participation in decision-making processes
and to protect and respect the rights of peaceful assembly and free association, in accordance with international human rights law. The final edited text of the resolution is not yet available at the
website of the OAS, but it can be found in the book of resolutions, available by clicking on the link at
http://www.oas.org/en/media_center/press_release.asp?sCodigo=AVI-155/11.
It is also available in the Documentation Center at http://www.iccsl.org/pubs/OASResolutionFreedomAssociation.pdf
South Africa May 2011
Companies Act and Regulations 2011 Are Effective
A recent NPO Legal Issues Newsletter from Ricardo Wyngaard Attorneys discusses the new Companies Act and Regulations, effective for section 21 nonprofit companies from May 1, 2011.
The Newsletter is available from the website www.nonprofitlawyer.co.za.
Arab World May 2011
Lack of Civil Society Said to be a Problem for Emerging Democracies
In an opinion piece titled The Weak Foundations of Arab Democracy, Timur Kuran, professor of economics and political science at Duke University, suggests that the weakness of
civil society in the region means that viable Arab democracies will not emerge any time soon. Available at
http://www.nytimes.com/2011/05/29/opinion/29kuran.html?_r=2&pagewanted=1, Prof.
Kuran’s Op Ed discusses Shariah law and the dependent legal institutions that it permitted, such as the waqf. He suggests that the lack of "autonomous nongovernmental associations serving as intermediaries
between the individual and the state" has led to a dearth of civil society in the Arab world, making its institutions frail when it come to democracy development. Prof. Kuran emphasizes the importance of
developing such autonomous institutions (both NGOs and businesses), without which Arab democracies "could easily slip back into anti-authoritarianism."
China May 2011
New Regulations to Eliminate Dual Management According to Civil Affairs Minister; Greater Reliance on Outsourcing Predicted
A story in the Jinghua Daily on May 24 quoted the Minister of Civil Affairs, Li Liguo, as saying that three draft regulations for social organizations, min fei, and foundations have been
sent to the State Council for approval. Although based on the current experiments with the elimination of dual management in Beijing and elsewhere, the new regulations would not be quite as open;
nonetheless, they would reduce the requirements for government sponsors for trade associations, social welfare, and charity organizations. In addition, charity lottery monies allocated to different levels of
MCA would be required to be set aside to fund the purchase of social services from social organizations, and a new policy detailing the procedures is expected to be announced soon, according to Minister Li.
The story is available on China Development Brief's Chinese language site at http://www.chinadevelopmentbrief.org.cn/newsview.php?id=3539.
Australia May 2011
Reforms of Legal and Fiscal Rules Proposed in Budget
The Australian Budget recently handed down by the Federal Treasurer includes three items of importance for Churches, Charities, other Not for Profits, according to a
Newsletter published by Not-for-Profit Team of Neumann & Turnour, Lawyers:
The introduction of an Unrelated Business Income Tax. This tax is intended to apply only to profit-making businesses that do not contribute to the altruistic purposes of the charity. It is not intended that this tax apply to simple activities like cake stalls and raffles. It is also not intended to apply to business ventures that contribute to the charity, such as op-shops. Nor is it intended to apply 'initially' to existing commercial activities.
An Australian Charities and Not for Profit Commission is to be established. It will begin operation on 1 July 2012. Its intention is to provide a one-stop shop for all not-for-profit organisations to report. It is intended to cut red tape. The Commission will be independent of the Australian Taxation Office.
A statutory definition of charity is to be introduced applicable to all Commonwealth agencies. It will come into operation on 1 July 2013. It will be based on the 2001 Report of the Inquiry into the Definition of Charities and Related Organizations.
Discussion Held about Changes in Legislative Framework
Uganda NGO Forum reports that a recent informal meeting with a new top official of the NGO Board led to assurances of reforms that respond directly to the concerns and proposals the
Forum called for. A recent newsletter suggests the new leadership thinks that Government was ill advised as early as 1989 when it prepared the 1989 NGO Statute. It was also suggested that a process to
amend the current NGO Legislation is inevitable if the NGO Board is to position itself as being useful to the NGO sector. In addition, there seems to be a strong view within the NGO Board that it is misplaced
in the Ministry of Internal Affairs and ought to be relocated to a more appropriate ministry.
Belgium May 2011
Law Banning Full-face Veils Passes Lower House of Parliament
Lawmakers in Belgium have voted overwhelmingly in support of a ban on wearing the Islamic full-face veil in public, setting the stage for the first clampdown of its kind in Europe, according to RFE/RL.
Members of Belgium's lower house of parliament voted 136 in favor of the ban and none against, with two abstentions. The ban, which must be approved by Belgium’s senate before taking effect, prohibits
the public wearing of face-coverings that render a person “no longer identifiable" -- including both the niqab, which leaves a narrow slit for eyes, and the burqa, which covers the entire face. The legislation would
be the first in Europe to make wearing the veil a criminal offense -- doing so would be punishable by fines of 15-25 euros ($20-$33) and imprisonment for up to seven days.
Report here: http://www.rferl.org/content/Belgium_Lawmakers_Vote_To_Ban_Wearing_FullFace_Veil_In_Public/2028503.html.
South Africa May 2011
Hate Speech Trial Focuses on Song "Shoot the Boer"
Race remains a fraught issue in South Africa, riveting the country in recent weeks as the hate-speech trial of Julius Malema, the leader of the party’s youth wing, was broadcast live on television.
After the final day of testimony on April 29, 2011, closing arguments are expected within weeks. The decision will help establish where free speech crosses the line into hate speech in one of Africa's
most democratic countries. The case was filed by two groups representing Afrikaners, who contended that the song’s refrain suggested that Afrikaners were "the enemy at least to be shunned and at
most to be killed." Many in the news media and academia who have been harsh critics of Mr. Malema's have nonetheless argued that his singing of the offending song does not justify banning it as a
form of hate speech under South Africa’s Constitution. NY Times report here: http://www.nytimes.com/2011/05/01/world/africa/01southafrica.html?nl=todaysheadlines&emc=tha22.
Global April 2011
Fordham Law School and the Leitner Center for International Law and Justice hosted a conference on February 24, 2011, examining Chinese civil society
in the field of public health. The conference, entitled "Civil Society and Legal Activism in China: The Public Health Challenge," brought together scholars, lawyers,
public health experts and human rights activists to discuss the successes and challenges facing Chinese civil society. Throughout the day’s four panels,
conference participants candidly discussed their successes and challenges in undertaking research and advocacy in China. Central to the discussions were the
myriad issues facing Chinese civil society actors and non-governmental organizations, including the difficult regulatory environment and heightened official pressure
on some domestic organizations. The latter issue was addressed by Professor Karla W. Simon of the Catholic University of America’s Columbus School of Law.
Iran April 2011
Proposed NGOs Law Called Very Restrictive
Amnesty International and the NGO Arseh Sevom have
called on the Iranian Parliament to scrap a draft law which would effectively deregister all non-governmental organizations (NGOs) currently operating in Iran. The Bill requires all NGOs wishing to
continue or commence work to register via a new supervisory structure. This structure will allow bodies affiliated to the Intelligence Ministry and the Basij, a volunteer paramilitary force controlled by
the Islamic Revolutionary Guards Corps, to make key decisions on the operation of all NGOs. Amnesty International and Arseh Sevom said that the Bill on the Establishment and Supervision of NGOs
was a setback which would be yet one more nail in the coffin of the right to freedom of association in Iran.
The European Economic and Social Committee (EESC), the EU’s official advisory body on social and economic matters, has given a clear and strong backing to the Statute by
approving with a large majority of the votes the opinion drafted by EESC member Mall Hellam on 28 April 2010. The opinion urges the European Commission to present a proposal for a Regulation
on a European Foundation Statute to support public-benefit activities for its adoption by the Council and the European Parliament in due course. The EFC has a dedicated website dealing with all issues
related to the proposed statute, available at http://www.efc.be/EuropeanFoundationStatute/Pages/EuropeanFoundationStatute.aspx.
China March 2011
12th Five Year Plan mentions social organizations and government support for them.
The relevant provisions are available in the Documentation Center.
China March 2011
Foundation Regulations Expected this Year; to Eliminate Dual Management
According to a news story from March 8, 2011 on finance.sina.com.cn, the Ministry of Civil Affair is considering amendments to the
SO and min fei regulations along with the foundation regulations. The ones on foundations are expected to be issued first, probably this year. One thing that seems certain is that dual management will be eliminated,
but there are severe disagreements about two provisions in the draft. These include a new provision stating that "all value-added investment should not exceed 10% of the balance of the previous fiscal year", in order to prevent
risks caused by investments. Another new provision says "donations from major donors of a non-public foundation should constitute at least 70% of the foundation's total donation annually."
India March 2011
Wealthy Encouraged to Be More Philanthropic
India is behind only the United States and China in its number of billionaires. But by global standards, its charitable giving is miserly.
According to a report in the New York Times, a
few wealthy American philanthropists - Bill and Melinda Gates and Warren E. Buffett - are hoping to change that, one rich Indian at a time. The three Americans met behind closed doors with about 70 of
India's wealthiest people at the Taj Majal hotel in New Delhi, for a "giving discussion" meant to start gently preaching the gospel of philanthropy. "It is not a case where we passed around a tin cup or had a signup list,"
Mr. Gates said at a crowded news conference afterward. "Anything these people do will be their choice." None of the attendees, which included many of India’s top business families, pledged immediately to give away
most of their fortunes, as the Gateses and Mr. Buffett have done. "Philanthropy in India so far has been what we call feel-good philanthropy, instead of outcome or results-based philanthropy," said Parth J. Shah, the
president of the Centre for Civil Society, a New Delhi research organization. People give money to temples, or establish schools or hospitals, he said, but they tend not to focus on the impact of what they have set up
or how that impact could be multiplied.
Europe March 2011
European Court of Human Rights Reverses "Crucifix" Decision
In a March 18, 2011 decision by the Grand Chamber, the European Court of Human Rights reversed its 2009 decision on an appeal from Italy.
The case, Lautsi and Others v. Italy involved a mother and her two sons who attended public school, where crucifixes were present in the classrooms.
The court revisited its earlier decision, holding that: "In deciding to keep crucifixes in the classrooms of the State school attended by [Ms. Lautsi's] children, the authorities acted
within the limits of the margin of appreciation left to the respondent State in the context of its obligation to respect, in the exercise of the functions it assumes in relation to education and
teaching, the right of parents to ensure such education and teaching in conformity with their own religious and philosophical convictions." For more information, see
Lautsi and Others v. Italy, available at http://cmiskp.echr.coe.int/tkp197/view.asp?action=html&documentId=883169&portal=hbkm&source=externalbydocnumber&table=F69A27FD8FB86142BF01C1166DEA398649.
Australia March 2011
Model NPO Law Project Launched by QUT; ICCSL Joins as Expert Organization
Australia is a federal jurisdiction, which means that various states have laws with regard to the not-for-profit (NPO) sector that are dissimilar in many ways.
Australia's Productivity Commission has identified the need for harmonization of NPO regulation. In view of this need, the Australian Centre for Philanthropy and
Nonprofit Studies at Queensland University of Technology, is undertaking a Nonprofit Model Law Project, developing proposals for streamlined and seamless regulation
of nonprofit organizations. The project’s aim is to develop draft model legislation for a regulatory environment for NPOs that is based on evidence and international best
practice. Legislation being considered by the project includes the law governing the variety of NPO legal structures together with those laws covering activities uniquely
engaged in by NPOs especially fundraising and charitable gaming. The object of model legislation should be to enable nonprofit organizations to achieve their purposes effectively
while at the same time enhancing social engagement in contemporary civil society. Further information about the project can be found on the website, available
here https://wiki.qut.edu.au/display/nmlp/Project+Description. ICCSL is teaming up
with the Centre to assist in providing expert advice.
El Salvador March 2011
FOI Law Adopted
Freedominfo reports that the Legislative Assembly of El Salvador on March 3, 2011 gave definitive approval to the Law on Access to Public Information.
The law, which was first passed in December of last year, received a series of observations
from the president of the country. Congress had to either reject or incorporate them to the Act, but had no established time for this revision, something that could have condemned the “almost” law to a legislative limbo.
Civil society activism seems to have played an important role throughout this process: the coalition to promote the legislation (Grupo Promotor) got involved from the very beginning of the elaboration of the bill and pushed
for final approval. Even while it is quite difficult to measure the impact of the group´s actions, the fact is that since last week El Salvador had entered the list of FOI countries that guarantee the right to know within their
territories. See http://www.freedominfo.org/2011/03/el-salvador-joins-the-list-of-foi-countries/ for more details on the new law.
The Nigerian House on February 10, 2011 voted to speed up action on freedom of information legislation that has been pending for 11 years. In an unexpected move, the House sent the measure for "thorough scrutiny" by
two of its committees - Information and National Orientation and Justice - withdrawing a 2007 order that had held the bill up. The committees were given a week to report back. Ita Enang, the chairman of House committee
on Business and Rules, who led 20 others to ask for the new decision, said "the need has now arisen for the House to revisit the said decision on the bill in the public interest," according to a
report by Ini Ekott in 234Next.com.
Emeka Ihedioha, the Majority Whip of the House, seconded the motion. There was a "clear majority" for the bill, according to a story in
The Vanguard by Luka Binniyat.
FOI bills have been pending for more than a decade, coming closest to passage in 2007 only to be rejected by then President Olusegun Obasanjo.
ChinaFebruary 2011
ICCSL has posted a paper analyzing recent developments with regard to the regulation of charities in China. The paper can be found in the Document Center
China January 2011
Jet Li’s One Foundation Established in Shenzhen as Public-Fundraising Foundation
A report published in the English language service of Caixin Online
(http://english.caing.com/2011-01-21/100219784_3.html)
reveals the details of the registration of the One Foundation in Shenzhen in mid-January 2011. The registration ends the somewhat awkward relationship the foundation had had with the Chinese Red Cross.
Because of the requirement that public-fundraising foundations must have a close relationship with a government supervisory agency, the Shenzhen local Bureau of Civil Affairs has announced that Ma Hong,
director of the Shenzhen Non-Governmental Organization Management Administration will chair the foundation’s board of supervisors. A relatively new system in the city lets trade associations and chambers of
commerce register directly under civil affairs departments. Direct registration eliminates official oversight, and in Shenzhen the system covers social organizations in industry, commerce, economics, social welfare
and public philanthropy, including the One Foundation.
Singapore January 2011
The Singapore Charity Council has issued a revised Code of Governance for Charities and Institutions of Public Concern available for download on the Charity Council website
at https://www.charities.gov.sg/charity/index.do. The revised Code replaces the
previous code that became effective in November 2007 and is effective from April 1, 2011. The introduction describes the need for the Code as follows:
"Charities are community organisations that work for public benefit. They are encouraged to apply the principles and practices of governance and management listed in this Code
of Governance. Governance is important because it affects how a charity is run and the services that the organisation provides. The Board of a charity is responsible for putting in
place the principles and practices of good governance in the organisation. The Code also helps charities to be more effective, transparent and accountable to their stakeholders.
Members of the public donate and volunteer services to charities. This Code aims to help the public understand what good governance is and to make an informed decision on which
charity to support."
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