INTERNATIONAL CENTER FOR CIVIL SOCIETY LAW
USING LAW TO EMPOWER CITIZENS

Click here to request news and announcements by e-mail.

Past News Items from 2008

China December 2008 China's president Hu Jintao met honorees at the China National Charity Conference, held in Beijing in December 2008. For more information on the conference and an additional photo, please go to News Archives.

Japan
December 2008

The new legal framework for Japan’s civil society organizations went into effect On December 1. It replaces the old and outdated Civil Code system for public benefit associations and foundations with a new system, including a national level "charity commission." For discussions of the new system, please read the articles by Tatsuo Ohta and Morihisa Miyakawa in IJCSL.

Latin America
November 2008

Latin America - Due Process of Law Foundation (DPLF) Publishes Report on Situation of Victims after Transitional Justice Processes in Guatemala and Chile

Even though criminal prosecutions and reparation programs have been implemented in a number of Latin American countries to address grave human rights violations, very little has been done to evaluate their effectiveness. In fact, in some of these countries, it has been a couple of decades since these violations took place and the first responses to the calls for justice were taken. Nevertheless, there is a noticeable scarcity of studies --focused on the victims-- that measure how and if these programs have met the victims' needs and expectations. For this reason, DPLF organized in late 2007 a meeting to explore what would need to be done to study this issue and promote a dialogue by bringing together experts on transitional justice and reparations mechanisms to discuss the current conditions of the victims in selected countries. Preliminary conclusions and recommendations for future study arrived at during this meeting are now available in a published report in Spanish.

Ethiopia
October 2008

The Ethiopian government has submitted the controversial draft legislation for Civil Society Organizations (CSO law) to the parliament. The draft has been strongly criticized as a document that criminalizes human rights activity of non-governmental organizations and seriously undermines civil society groups in Ethiopia. While the government claims that the CSO law is to strengthen democratic institutions and ensure constitutional rights of citizens, Human Rights Watch (HRW) warns that the bill violates both the Ethiopian constitution and several international agreements, including regional African treaties and the International Covenant on Civil and Political Rights.

United States
October 2008

Professor Karla W. Simon and Dr. Leon Irish presented a paper on October 3, 2008 at Fordham Law School. The venue was the China Colloquium sponsored by the Louis Stein Center for Law & Ethics and the Leitner Center for International Law and Justice. Prof. Simon’s paper – Legal Reforms for Civil Society Organizations in China after the Olympics and the Sichuan Earthquake – offers a perspective on ways in which the Chinese government can enhance the space for civil society as it seeks to address social and economic development in the 21st Century. The paper will be published in the January 2009 issue of the Fordham International Law Journal.

China
September 2008

New "Charity and Social Welfare Department" established at MoCA

A new department to promote charity and social welfare was set up on 11 September 2008 under China’s Ministry of Civil Affairs, reports the People’s Daily, quoting Xinhua. The department will deal with the welfare lottery, charity activities, donations, and welfare projects for the elderly, disabled and children, a ministry statement said. The department will also draft rules on volunteer affairs and work on a nationwide volunteer network. It is also entrusted to make a regulation on running the welfare lottery and managing the welfare fund raised through the lottery. It will work out plans on how to spend the money on charity programs.

Jordan
September 2008

Controversial Societies Act Published in Official Gazette; May Be Amended.
The Jordan Times reports that civil society representatives and activists said they were still hopeful that the government will either draft a new NGOs law or amend the controversial 2008 Societies Law, recently endorsed by Parliament and a Royal Decree. The new Act was published in the Official Gazette on 16 September 2008. Premier Nader Dahabi has said the government is considering amending the controversial law, although it had already been endorsed by Parliament. "If the government finds there are valid reasons, it will reconsider the 2008 Societies Law," he said during a meeting with representatives from charity societies. He noted that one of the potential options for the government is to add new amendments to the law and present it to the Lower House under emergency status. Prior coverage of the legislation can be found in IJCSL-N for August 2008.

United States
September 2008

Fact Sheets Provide Concise Explanations About How "War on Terror" is Affecting Charitable Activities
On 15 September 2008, the Global Nonprofit Information Network (GNIN) released seven fact sheets to provide information about how the policies of the "War on Terror" have affected charitable activities. GNIN was launched in March 2007 by Urgent Action Fund, Grantmakers Without Borders (GWOB), and OMB Watch to foster information sharing focused on counterterrorism measures affecting the nonprofit sector and global civil society. The fact sheets are available on the GWOB website, and they reflect the analysis in the article on this issue published in the last issue of IJCSL.

United States
July 2008

The Revised Uniform Unincorporated Nonprofit Associations Act was adopted by the Uniform Law Commission at its Annual Meeting in Big Sky, MT in July 2008. ICCSL principals Dr. Leon Irish and Prof. Karla Simon participated in the Drafting Team as representatives of the ABA Section of International Law.

Global
July 2008

Charity Law and Social Policy Released by Springer
Springer has recently released Charity Law and Social Policy, by Kerry O’Halloran, Myles McGreogor-Lowndes, and Karla W. Simon, which appraises the factors to be taken into account in aligning charity law with social policy in six common law jurisdictions. The aim of the book is to assess ways in which the law can facilitate the environment for appropriate charitable activity to meet important social policy concerns, such as alleviating poverty, addressing health care needs, eliminating racial and other discrimination, and meeting other needs of under-resourced and under-represented communities.

Turkey
July 2008

Turkey’s Constitutional Court decided on 30 July 2008 not to ban the ruling Justice and Freedom Party AKP, which had been accused of undermining the country’s secular system. But the judges did cut half the AKP’s treasury funding for 2008. The AKP, which won a huge poll victory in 2007, denies it wants to create an Islamist state by stealth. It called the case an attack on democracy. The powerful military, on the other hand, sees itself as the guardian of the modern secular state founded by Mustafa Kemal Ataturk. The Court President, Hasim Kilic, said the financial sanctions imposed on the AKP were a "serious warning" to it. It is also relevant that the Court was deeply split, with six judges favoring the ban. Seven would have been needed to uphold it.

Zimbabwe
June 2008

New Update June 27
The Standard reported on 22 June that war veterans and Zanu PF youth militia continue to block relief agencies and HIV and Aids service organizations from accessing areas in dire need of aid in rural and peri-urban areas. This is despite recent assurances from the government that the NGOs could resume their humanitarian operations, the national association of NGOs has said. The government three weeks ago suspended all NGO licenses, accusing them of being conduits of foreign interference in Zimbabwe's politics. But there was an apparent about-turn on the blanket ban last week, with the government announcing that more than 400 organizations working in the HIV/AIDs sector would be allowed to operate after local and international NGOs protested at the ban. NANGO's spokesperson Fambai Ngirande said it was still impossible for the organizations to operate.

Turkey
June 2008

Headscarf Availability For Women Attending University Overturned
The Turkish military has been quick to endorse the 5 June 2008 ruling of the country’s Constitutional Court annulling the attempts by the ruling Justice and Development Party (AKP) to create a legal framework for lifting the ban that currently prevents women wearing headscarves from attending the university. Reports in the Eurasia Daily Monitor indicate that the Constitutional Court ruled that two constitutional amendments introduced by the AKP were invalid, as they violated the principle of secularism enshrined in the constitution as one of the unchangeable characteristics of the Turkish Republic. On 9 February 2008 the AKP had changed Article 10 of the constitution, which guarantees equality before the law irrespective of language, race, color, sex, political opinion, philosophical belief, religion, or sect, to include a commitment ensuring all citizens equal access to all public services. The government also amended Article 42 on the right to education to include a phrase preventing anyone from being denied access to education except for a reason openly stated in law. For prior coverage, see the February 2008 issue of IJCSL-N.

Zimbabwe
June 2008

Clarification Issued on Suspension Order For NGOS/PVOS
The Government of Zimbabwe wrote on 13 June 2008 to all NGOs/PVOs to give clarification on the order to suspend the field operations of all NGOs/PVOs. In a press release on its website, NANGO, the National Association of NGOs, states that according to the letter of clarification from the Acting Permanent Secretary in the Ministry of Public Service, Labour and Social Welfare, Sidney Mhishi, the suspension of field operations on 7 June 2008 does not imply banning or deregistration of PVOs/NGOs. This latest communiqué from the government appears to contradict the position stated by the Deputy Minister of Information, Bright Matonga, which was carried in the government’s official newspaper, The Herald, of 7 June 2008. The statement published there had indicated that government had suspended all licenses of NGOs and would require them to re-apply for re-registration. The clarification notice indicates that the only issue at stake is PVOs/NGOs engaging in political activities.

China
May 2008

Major corporate and individual donors who made significant contributions to the May 12, 2008 Sichuan Earthquake relief efforts were honored at the conference. Law makers are working with professionals, major not-for-profit organization leaders and volunteers to issue new laws in order to encourage charitable donations and to develop a healthy charitable system in China.

United States
May 2008

Vermont Legislation on L3C's Becomes Effective At End Of May
Vermont has recently become the first state in the nation to enact a statute permitting a new form of organization: the low-profit limited liability company ("L3C"). This form of organization is intended to blend elements of for-profit and nonprofit corporations. The entity can produce some profits, but must have a purpose to pursue social benefits. The statute's supporters noted it would be particularly useful as a form of organization for an entity wishing to signal to private foundations that it would be an appropriate recipient of program-related investments. As entities may form in any state, now that the L3C is available in Vermont, organizations across the country may choose to try this new organizational structure. Of course, using the L3C form may still be risky for many charities, as questions still remain about how the IRS will regard the L3C.

China
May 2008

New Open Government Regulations Become Effective
In a move that Chinese officials claim is intended to combat corruption, increase public oversight and participation in government, and allow citizens access to government-held information, the State Council on April 5, 2007, issued the first national Regulations on Open Government Information (OGI Regulation), which took effect May 1, 2008. Implementation begins at a time when the need for greater transparency in the areas of environmental health, land disputes, disease, and food, drug, and product safety has become apparent. The time lag between issue and effective date provided citizens and government departments a one-year preparatory period. For more information on the development, please visit the Congressional-Executive Commission on China website.

England and Wales
May 2008

The Charity Commission has published the 2008 Charity Commission Study into Public Trust and Confidence in Charities. This is based on independent research conducted by Ipsos MORI which shows there has been an increase in public trust and confidence since the research was last undertaken in 2005. The research looks at what drives public trust and confidence, and includes research on the percentage of people that give money, goods or time to charities, and what people's perception of charities is. The Commission has also produced some initial analysis of issues that the research raises. Download a pdf copy of the report with an executive summary, the Commission’s initial analysis and its press release.

United States
May 2008

New Model Nonprofit Corporations Act Exposure Draft
There is a June 1, 2008, deadline for comments on the ABA Business Law Section’s January 2008 Exposure Draft of the revised Model Nonprofit Corporations Act. The exposure draft is available on the ABA website: Part 1 and Part 2. The Task Force will meet on June 14 to review and discuss comments, and will thereafter produce a final version that, upon review and approval by Committee Leadership, will be posted to the Committee website on or before July 31.

India
April 2008

BUDGET TO AMEND DEFINITION OF "CHARITABLE PURPOSE"
In the amendments to the Income Tax Act proposed in the 2008-09 Budget by the Government of India, the Finance Minister seeks to amend the definition of charitable purpose to "exclude entities carrying on regular trade, commerce or business or providing services in relation to any trade, commerce or business and earning incomes from claiming that their purposes also fall under 'charitable purpose.' Genuine charitable organizations [are] not to be affected in any way." This means that the proposed amendment will not affect organizations involved in activities such as relief of the poor, medical relief, and education. A more technical explanation of the proposed amendment can be found in the Documentation Center.

North America
April 2008

ICCSL renewed its partnership with the University of Bologna in April, 2008
Dr. Leon Irish and Prof. Karla Simon taught the Comparative Civil Society Law for the Master in International Studies in Philanthropy (MISP) Program at the University of Bologna in April, 2008.

United States
April 2008

April 14, 2008: Broken Trust author speaks at Catholic University

Prof. Randall Roth of the University of Hawai’i’s Richardson School of Law spoke at the Catholic University of America's Columbus School of Law on April 14 at 2 PM. He discussed his book "Broken Trust," which was reviewed in the July 2007 issue of IJCSL. For more details, please contact Prof. Karla W. Simon.

England and Wales
March 2008

A tribunal allowing charities to challenge decisions made by the sector regulator has opened. The Tribunals Service will administer the appeals. The Charity Tribunal, which were created under the Charities Act 2006, are designed to be informal, independent and provide a free way for appeals to be taken, according to the government news network press release.

Carry-over onto the news page Before the launch of this service, charities in England and Wales had to go through the High Court to dispute decisions. The President of the Tribunals Service will be supported by five legal members and seven non-legal members. They are currently being recruited by the Judicial Appointments Commission for appointment by the Lord Chancellor. The Tribunals Service expects legal members to be in place in the spring and the latter in the summer.

More about the Charity Tribunal and the Rules applicable to it is available on the Tribunals Service website.

Ethiopia
March 2008

After a long two years and five months in prison, the two Ethiopian anti-poverty campaigners Daniel Bekele and Netsanet Demissie were released from prison on 28 March 2008. Daniel and Netsanet were the last two people who remained detained in the high profile treason trial that originally charged 131 journalists, politicians, and civil society leaders with a range of charges from genocide to treason. They were among thousands who were detained following protests accusing the government of rigging the 15 May 2005 parliamentary elections. Daniel, who is a Board member of ACCSL, has now been returned to his family. ICCSL and ACCSL, along with their many partners such as ActionAid, CIVICUS, etc., welcome the release of Daniel and Netsanet.

North America
March 2008

On March 14 and 15, 2008, Dr. Leon Irish and Prof. Karla Simon attended the meetings of the Uniform Law Commission (formerly NCCUSL) on the Harmonization of the Unincorporated Nonprofit Associations (UNA) project. They were representing the International Law Section of the ABA. This project, which will produce a draft Unincorporated Nonprofit Association Act for the United States, consists of members from the Uniform Law Conference of Canada (ULCC) and the Mexican Center on Uniform Law.

Pictures from the event are available in the Photo Gallery.

North America
March 2008

New Hampshire Supreme Court Upholds Charitable Status for Artist Colony in Face of Private Benefit Challenge
In an interesting state law opinion relating to the federal "public benefit" doctrine, the New Hampshire Supreme Court concluded in Peterborough v. MacDowell Colony, Inc. (Download Peterborough.pdf) that an organization that operated an Artist Colony in Peterborough was entitled to state tax exemption as a charitable organization.

United Nations
Arab Charter on Human Rights Enters into Force
United Nations High Commissioner for Human Rights Louise Arbour issued the following statement on 24 January:

"In this celebratory year of the 60th anniversary of the Universal Declaration of Human Rights, I welcome the 7th ratification required to bring the Arab Charter on Human Rights into force….Regional systems of promotion and protection can further help strengthen the enjoyment of human rights, and the Arab Charter on Human Rights is an important step forward in this direction.
The next vital step will be to ensure that the body that will monitor the Charter, the Arab Committee for Human Rights, is independent and properly resourced so as to be effective and efficient. The Office of the United Nations High Commissioner for Human Rights is committed and stands ready to support the States Parties to the Charter in ensuring that core values of human rights are upheld."

England and Wales
January 2008

The Charity Commission for England and Wales has published its new guidance on the meaning of public benefit under the Charities Act 2006. Entitled "Charities and Public Benefit," the guidance addresses "what charity trustees should consider in order to show that their charity’s aims are for the public benefit."

Past News Items from 2007

Ethiopia
December 2007

Daniel Bekele and Netsanet Demissie Convicted and Sentenced; May Soon be Paroled
An ActionAid International Press Release for 26 December 2007, states that the anti-poverty campaigners Daniel Bekele and Netsanet Demissie, detained in Ethiopia in 2005 and convicted on 24 December, after a two-year trial, were given prison sentences of two and a half years each. Since they have already spent more than two years in detention, there is a strong possibility that they will be freed on parole in the next few days. In an unusual move, the sentencing judge praised both men for their work to solve the political impasse that followed the 2005 elections and described them as “courageous citizens promoting peace and the rule of law.”

China
December 2007

The implementation regulations for the Enterprise Income Tax were published on December 6, 2007 by the State Administration of Taxation. The unofficial translation of Articles 51-53, relating to the qualifications for the deductibility of "charitable donation expenditures" are found in the Price Waterhouse Coopers unofficial translation of the Implementation Regulations.

Further analysis of the implementation regulations and other developments in China will be found in the upcoming issues of the IJCSL-Newsletter and IJCSL.

Ethiopia
December 2007

Ethiopian anti-poverty activists Daniel Bekele and Netsanet Demissie will remain in prison for at least two more weeks. Judges in Ethiopia’s High Court delayed their verdict for the third time in two months, postponing it until 24 December 2007. In delaying the verdict, the court announced that one of the judges is ill and must be replaced. The postponement is to allow the replacement judge to familiarize himself with the case.

United States
November 12, 2007

Removing Obstacles for International Philanthropy
Prof. Karla Simon spoke at a conference on "Removing Obstacles for International Philanthropy" to be held at the University of Utrecht (Netherlands) on November 12, 2007. Information on the event and other speakers can be found at here.

The slide presentation is available here.

Ethiopia
October 2007

Anti-poverty activists Daniel Bekele and Netsanet Demissie heard on 9 October 2007 that they must remain in prison for at least another six weeks, as judges in Ethiopia's Federal High Court delayed the verdict until 22 November 2007, bringing their total detention to over two years. Both activists are recognised by Amnesty International as prisoners of conscience. In delaying the verdict, the judges explained that the prosecution had submitted closing statements to the court one month later than expected, not allowing the judges adequate time to make a decision.

Germany
October 2007

The October Newsletter of the Maecenata Institut announced that on 21 September 2007 the German Bundesrat (Upper House of Parliament) concluded its consideration of the "Law for Further Strengthening of Civic Participation." The Institut's analysis of the law is available along with the full text of the law (in German.) The new legislation, which makes many changes in tax privileges, including increasing the statutory limit on deductible donations from 5 % or 10% to 20% for all public benefit organizations, is effective from 1 January 2007.

United States
September 2007

IRS Investigation of Church "Electioneering" Concluded
On 10 September 2007, All Saints Episcopal Church in Pasadena, CA learned that the IRS investigation of its tax exempt status was ended. It received a letter from the IRS that simultaneously closed the dormant examination-without challenge to the Church's tax-exempt status and without the audit ever actually taking place -and concluded without explanation that the sermon in question constituted intervention in the 2004 Presidential election. This has left the Church in an unsettled position, and it has asked that the IRS be investigated. More information is available on the Church's website.

Peru
September 2007

Peru's Constitutional Court Rules Portions of "NGO Law" Unconstitutional
In an opinion rendered on August 29, 2007 and published on the website of the Constitutional Court in September, the Constitutional Court of Peru has held unconstitutional in part the Law on NGOs or ONGs (Ley No. 28875, creating the Agencia Peruana de Cooperación Internacional (APCI) -- "On creation of a national system of centralized cooperation" ). The law would have required that NGOs register with the APCI to be able to carry out projects within Peru. The constitutional challenge was brought by Luis Miguel Sirumbal Ramos and 8,438 citizens and members of Congress.

United Nations
September 17, 2007

On 13 September 2007, the UN General Assembly adopted a landmark declaration outlining the rights of the world's estimated 370 million indigenous people and outlawing discrimination against them - a move that followed more than two decades of debate. The United Nations Declaration on the Rights of Indigenous Peoples has been approved after 143 Member States voted in favor, 11 abstained and four - Australia, Canada, New Zealand and the United States - voted against the text. A non-binding text, the Declaration sets out the individual and collective rights of indigenous peoples, as well as their rights to culture, identity, language, employment, health, education and other issues.

Europe-China
September 2007

ICCSL has joined the European China Law Studies Association (ECLS), and members of the Board attended the first Conference of ECLS, which was held at the Max Planck Institut for Private International Law in Hamburg, Germany on August 31 and September 1, 2007. Issues discussed included research about the role of civil society and human rights in China's current development and problems faced by researchers from outside China. Participants came from many European countries, China, Taiwan, and Hong Kong, and included, in addition to ICCSL's representatives, two other people from the United States. These were Prof. Benjamin Leibman of Columbia University, who conducts research and writing on China's court system, and Randy Peerenboom, who has written CHINA'S LONG MARCH TO THE RULE OF LAW, a definitive text on recent rule of law developments in China.

Ethiopia
August 2007

Further Detention of Activists
On 3 August 2007 ActionAid announced that Daniel Bekele policy manager of ActionAid Ethiopia, and Netsanet Demissie, general manager of the Organization for Social Justice in Ethiopia, will now spend two more months in prison awaiting the verdict, while the court takes its annual recess.

A day earlier Daniel and Netsanet concluded their defense, after calling 29 witnesses and presenting 300 pages of documentary evidence. The prosecutors asked for time to consider the verbal and written evidence before presenting their concluding remarks. The judges agreed and said that the prosecutors must present a final written submission by 26 August and the defense should respond in writing by 31 August. The court will reconvene on 8 October, at the beginning of the new legal year, to give judgment.

Ramesh Singh, chief executive of ActionAid said: "This further delay comes as a big disappointment when we were so near to the end of the process."

Russia
August 2007

Supreme Court Upholds Political Party Ban
A report published in the New York Times for 8 August 2007 indicates that the Supreme Court of Russia upheld the Moscow City Court's ban of the National Bolshevik Party as an extremist organization. The small fringe party has gained notoriety for its vocal and theatrical antigovernment demonstrations. The group's leader, the writer Eduard Limonov, said in a telephone interview that he did not expect the latest ruling to affect its activities, including participation in the Other Russia coalition, a loose movement of anti-Kremlin forces that includes the former chess champion Garry Kasparov. "They will not shut us up," Mr. Limonov said. "We have no fear." He said the party would appeal the ruling to the European Court of Human Rights.

China
July 2007

China Development Brief Censored by Government
Writing in the online Wall Street Journal for 11 July 2007, Nick Young has reported on the censorship of both the Chinese and English versions of China Development Brief. This follows a visit to CDB's Beijing office by a joint delegation of a dozen officials from the Beijing Municipality Public Security Bureau, the Beijing Municipality Statistical Bureau, and the Beijing Municipality Cultural Marketing General Legal Implementation Team. For more information click on http://online.wsj.com/article/SB118415339710263160.html?mod=googlenews_wsj.

New information added to Document Center
July 2007

Among the items recently added to the Document Center are the following:

Afghanistan
Media Law as passed by Wolesi Jirga

Arab World
Arab Declaration on Democracy

Ethiopia
June 2007

Trial of Daniel Bekele and Netsanet Demissie Continues
Daniel Bekele and Netsanet Demissie, charged in one of Africa's largest treason trials in recent years in Ethiopia, are still awaiting verdicts in their cases. Ten out of originally over a one hundred accused await their verdicts in prison, including Daniel and Netsanet. On 11 June 2007, in the trial's first verdicts, 38 journalists and opposition politicians were found guilty. The 10 remaining accused are due to appear in court again on 12 July 2007, to present their defense. Trial observers have suggested that the trial could be over as early as the end of July.

Daniel and Netsanet, who are both recognised by Amnesty International as prisoners of conscience, were arrested and detained in November 2005. The defendants face six charges, including attempted genocide and treason. Specifically, Daniel and Netsanet are charged under Article 238(2) of the criminal code with "the crime of outrage against the constitution and the constitutional order." The charge can carry the severe punishments of life imprisonment or death. Both Daniel and Netsanet have been denied bail, even after appealing to the Supreme Court.

Daniel and Netsanet were coordinators of the Global Call to Action against Poverty (GCAP) in Ethiopia. Daniel Bekele worked as head of the policy department of ActionAid International Ethiopia. He is a director of ACCSL, the African Centre for Civil Society Law. Netsanet Demissie is the founder of Organisation for Social Justice in Ethiopia, a local non-governmental organisation which assisted in monitoring the May 2005 election.

Sources: http://danielbekele.blogspot.com/, http://www.civicus.org/new/media/CIVICUSPressActivistsdemandimmediaterelease-Ethiopian.doc

China
June 2007

The Unirule Economics Research Institute [Tiance Jingji Yanjiusuo], China's independent economics think tank, released its report on human economic rights in China on 11 June 2007. In his introduction to the report, Institute Director Mao Yushi noted that institute scholars work groups had been working on the report for two years. One of the sections of the report deals with the role of civil society organizations (NGOs) in enforcing human economic rights in the fields of health, employment, shelter, and education, noting that they are hampered by their lack of real independence and inability to engage in effective advocacy. The entire report is available in Chinese with English abstracts on the Institute's website. The section on CSOs is available in the Documentation Center.

India
June 2007

Voluntary Sector Policy 2007
Government adopts new Policy on the Voluntary Sector, which includes important clauses on recognition of shares etc. as a deductible donation, simplification of FCRA, simplification of registration norms for non-profit companies, an optional central law for registration and operation on an all-India basis, setting up a self-regulatory agency by the sector, simplified norms for bilateral funding for NPOs, and internet access of accounts of NPOs receiving Government funding. Several income tax proposals were not, however, included.
To read the document click here

May 2007

American Bar Association's International Law Section Spring Meeting
At the Spring Meeting of the American Bar Association's International Law Section, the International NGOs and NPOs Committee presentation focused on Recent Developments in International NGO Activities: Building Credible Self-Accountability Principles in an Age of Increasing Government Regulation. The speakers included Dr. Eduardo Bertoni, Executive Director of the Due Process of Law Foundation (discussing Péru and Venezuela); Prof. Robert C. Blitt, Associate Professor of Law, University of Tennessee (discussing Russia); and Prof. Karla W. Simon, Professor of Law, Catholic University of America (discussing China). The panel was moderated by Karen A. Hudes of the World Bank's Legal Department.

China
April 2007

New Listserve Established; Materials On Recent Legal Developments Made Available
Through the resources of the Catholic University of America School of Law, a new listserve has been established. ChinaNPOLaw is an unmoderated listserve available to persons interested in civil society developments in China. ICCSL has posted a memorandum to the listserve describing recent developments affecting the legal and fiscal framework for NPOs in China. Persons interested in subscribing should send an email to LISTSERV@LISTS.CUA.EDU with the following in the body of the email: SUBSCRIBE CHINANPOLAW. If they experience any problems, they can email CSLHelp@law.edu, and they will be manually added to the list. Anyone interested in receiving the recent memo should contact Karla Simon.

Russia
April 2007

Under a 10 April 2007 decree signed by Prime Minister Mikhail Fradkov, a single, new form for religious organizations will permit them to comply with the information reporting requirements of the January 2006 NGO Law. Forum 18 also reports that the decree extends the deadline for the submission of their accounts to 1 June 2007. Forum 18's reporting on the new form and what it requires can be found on its website.

China
March 2007

Discussion of developments on legal protections for civil society in China
Johns Hopkins School of Advanced International Studies

Prof. Karla Simon and Dr. Leon Irish made a presentation at the Johns Hopkins School of Advanced International Studies (SAIS) on March 26, 2007. Invited by Dr. Mike Lampton, Dean of the Faculty and Director of the China Program, Dr. Irish and Prof. Simon discussed developments with regard to legal protections for civil society in China.

Book Review Published
March 2007

Prof. Karla Simon's review of Marion Fremont-Smith's book GOVERNING NONPROFIT ORGANIZATIONS: FEDERAL AND STATE LAW AND REGULATION was published in the March 2007 issue of the NONPROFIT AND VOLUNTARY SECTOR QUARTERLY.

China
March 2007

An article published by china.org.cn on January 20, 2007 reports that corporations and individual donors will now be able to claim tax deductions for donations to any licensed non-profit public welfare organization. The new policy was announced by the Ministry of Finance and the State Administration of Taxation on 18 January 2007. It is consistent with proposal made by ICCSL in a report submitted to the World Bank in 2004. At present only donations to about 20 major charity organizations are tax deductible. In addition, the Notice describes procedures for claiming deductions as well as the necessity for the issuance of receipts by the NPO receiving the donations. These also reflect ICCSL's recommendations.

China
March 2007

Corporate Income Tax Law revised to Increase Deductions for Donations to Public Welfare Organizations
The National People's Congress, the highest legislative body of China, revised the corporate income tax law on 17 March 2007, making foreign companies and domestic companies essentially equal for tax purposes. According to a news article published by XINHUA, while the document was still in draft form, one revision raises the percentage limits for a company's charitable donations to 12 percent. Under prior law, domestic companies had only been able to deduct up to 3% of profits, while foreign companies were subject to a 10% limit. Taken together with the easier procedures for making such contributions, which were highlighted in January, it is hoped that the measure will encourage more companies to make donations to public welfare organizations. The law is due to take effect on 1 January 2008.

OSI Guidelines
March 2007

From March 2007, hard copies of the Open Society Institute's GUIDELINES FOR LAWS AFFECTING CIVIC ORGANIZATIONS (co-authored by Leon Irish, Robert Kushen, and Karla Simon) will no longer be available from OSI. Most of the remaining copies in English and Spanish will be housed with ICCSL and available upon request to simon@law.edu. Copies in other languages will continue to be downloadable from the ICCSL website.

Report on Harmonization Project for Unincorporated Nonprofit Associations Available
March 2007

Leon Irish, the ABA Section of International Law's representative to the NCCUSL project on harmonization of the laws governing unincorporated nonprofit associations (UNAs) in North America), has made his report of the 23 and 24 February 2007 meeting in Portland available.   more available here.

Afghanistan
February 2007

Media Law Under Discussion in the Wolesi Jirga
A report published in RFE/RL on 2 February 2007 indicates that the Mass Media Law is currently under discussion in the Religious and Cultural Affairs Commission of the Wolesi Jirga (People's Council). President Karzai had issued this law as a decree before the legislature came into being in 2005, and it is now under review for enactment by the legislature. Aspects of the law have led to criticism, including ways in which the law protects freedom of expression (as guaranteed by the Constitution of Afghanistan), but seemingly limits such protection in the name of protecting religion and the tenets of Islam. RFE/RL's reporter, Amin Tarzi says: "Virtually all of that commission's proposed modifications of the existing media law are of a restrictive nature."

England and Wales
February 2007

First provisions of the Charities Act 2006 being brought into Force
The First Commencement Order, which brings the first provisions of the Charities Act 2006 into force, has been published by the Office of the Third Sector within the Cabinet Office.

The principal provisions of the Act that will come into force on 27 February 2007 are outlined in the following discussion.

The Charity Commission
The Charity Commission will be reconstituted as a corporate body with members who will be appointed by the Minister for the Cabinet Office. However, the Act makes it clear that the Charity Commission will not be subject to the direction or control of any Minister or Government department, thus emphasizing its independence.

The primary objectives of the Charity Commission are set out in the Act and include:

• Promoting awareness and understanding of the public benefit requirement
• Promoting the effective use of charitable resources
• Promoting public confidence and trust in charities
• Enhancing the accountability of charities to their donors, beneficiaries and the general public
• Promoting compliance by charity trustees with their legal obligations in exercising control and management of the administration of their charities

Japan
February 2007

Charity Commission Appointed
Seven members of the new Charity Commission were appointed by Prime Minister Shinichiro Abe and authorized by the Diet on 21 February 2007. The seven members are:

Ms. Takako AMEMIYA, Professor of Civil Laws
Mr. Morio IKEDA, former President of the Shiseido Co., Ltd
Mr. Toshimi OUCHI, Retired Appellate Judge
Mr. Masayuki SATAKE, CPA, Managing Director of the CPA Association of Japan
Ms. Takako SODEI, Professor of Sociology
Mr. Masayuki DEGUCHI, Professor of National Museum of Ethnology and the former President of ISTR
Mr. Tadatsune MIZUNO, Professor of Tax Law

Two of the commissioners are full-time, while the rest are part-time.

North America
February 2007

The Drafting Committee for the National Conference of Commissioners on Uniform State Laws (NCCUSL) "Project to Create a Harmonized Legal Framework for Unincorporated Nonprofit Associations in North America" held a meeting in Portland, OR on February 23-24. Dr. Leon Irish attended on behalf of the International Law Section of the American Bar Association.

Tajikistan
February 2007

New Public Associations Law Adopted
On 14 February 2007, the lower house of parliament approved a new law on public associations. Member of Parliament Nurali Rieev says that it is a significant improvement of the previous version adopted in 1998 and now corresponds to international standards. A 16 February 2007 report on the website of the Institute on War and Peace Reporting says, however, that many NPOs have expressed concerns about provisions in the law. For example, Muattar Haidarova, director of the NPO, Society and Law, suggests that this law actually allows the state to exert more control over foreign organizations operating in Tajikistan.

Uzbekistan
January 2007

New Law on Non-governmental Organizations Promulgated
President Islam Karimov signed into law the Law of Uzbekistan "On guaranties of activities of the non-state non-profit organizations" on 3 January 2007. The law was adopted by the Legislative Chamber of the Oliy Majlis on 11 October 2006 and approved by the Senate on 1 December 2006. The text of the law is available in the ICCSL Documentation Center.

China
January 19, 2007

Developments in Tax and Charity Law
An article published by china.org.cn on January 20, 2007 reports that corporations and individual donors will now be able to claim tax deductions for donations to any licensed non-profit public welfare organization. The new policy was announced by the Ministry of Finance and the State Administration of Taxation. It is consistent with a proposal made by ICCSL in a report submitted to the World Bank in 2004. At present only donations to about 20 major charity organizations are tax deductible.

Major developments in the Charity Law were also announced. The draft of the country's first law on charity is expected to be presented to the National Peoples' Congress for examination and approval later this year.

Ge Daosheng, a researcher at the Institute of Sociology with the Chinese Academy of Social Sciences (CASS), doubted whether the new tax policy could be faithfully carried out at all levels. "The procedures for donors to claim deductions in taxes are often extremely complicated in many places," Ge said.

Experts have called for legislative transparency and less government involvement in charity activities.

The Ministry of Civil Affairs, which has overall responsibility for the nation's charity affairs, said on January 18 that it had finished drafting the Law of Charity and would submit it to the National People's Congress for examination.

The Beijing Times quoted Vice Minister of Civil Affairs Li Liguo as saying the law would encourage any kind of charity or voluntary body to promote public welfare, and would strengthen supervision of charity organizations in their use of donations.

"There has been a strong voice in recent years to promulgate a charity law to standardize charity practices and give people more freedom to participate in public welfare undertakings," said Yang Tuan, a researcher from CASS. However, Yang said the controversial draft might take another two to three years before it becomes law.

India
January 2007

FCRA Bill Delayed by Committee Referral
An AccountAid Capsule for 16 January 2007 reported that the new FCRA Bill, introduced in the Rajya Sabha in December 2006, has been referred to a Standing Committee. This is expected to delay the passage of the new FCRA. The Committee is inviting public representations, and is expected to give its final report by the end of March 2007.

Past News Items from 2006

Prof. Karla Simon and Leon Irish have been invited to participate in a special roundtable on 18 January 2006, sponsored by the Council on Foreign Relations and the New York University School of Law.

India
December 2006

Foreign Contribution Management and Control (FCMC) Bill 2006
Around early November 2006, the Union Cabinet approved the revised Foreign Contribution Management and Control (FCMC) Bill that seeks to regulate NGOs and other organizations which receive foreign funding. This Bill was recently introduced in the Winter Session of Parliament by the Minister of State for Home Affairs - Shri S. Regupathy. This Revised Bill is a much softer version of the original draft Bill which had come under a lot of flak from various organisations and social activists.

The Bill seeks to regulate the acceptance, utilization and accounting of foreign contribution and acceptance of foreign hospitality by a person or an association and repeal the existing Foreign Contribution (Regulation) Act, 1976 (FCRA).

The salient features of the Bill are as follows:

1. The preamble has been reworded to prohibit acceptance and utilization of foreign contribution or foreign hospitality for any activities detrimental to the national interest.



2. Any amount received by any person from any foreign source by way of fee, payment in lieu of certain services rendered, etc. will be excluded from the definition of foreign contribution.



3. Organizations of political nature, not being political parties, will be placed in the prohibited category for accepting foreign contribution.



4. Association or company engaged in the production or broadcast of audio news or audio visual news or current affairs programmes through any electronic mode or any other mode of mass communication and correspondent or columnist, cartoonist, editor, owner of such Association or company will now be placed in prohibited category for accepting foreign contribution.



5. Use of foreign contribution or any income arising out of it for speculative business will be proscribed.



6. Administrative expenses have been capped at fifty per cent of the foreign contribution and any such expenses beyond that limit may be incurred only with the prior approval of the Central Government.



7. Provision is made to specify the persons who can and the areas where, the purpose for which, and the sources from which foreign contribution can be accepted only with prior permission of the Central Government
.


8. Registration will be granted for a period of five years with a provision for automatic renewal for a period of five years to all applicants except those who are defaulters.



9. A specified fee will be charged for registration, grant of prior permission and renewal.



10. Reasons for rejection of registration/prior permission will be conveyed to the applications to ensure greater transparency and accountability. This will be in harmony with the provisions laid down under the Right to Information Act, 2005.



11. Registration certificate can be suspended for a maximum period of 180 days.



12. Provisions have been made for cancellation of registration after giving reasonable opportunity for hearing.



13. Foreign contribution will have to be received through a single bank account. However, unlike the present Act, the recipient organization would be permitted to open one or more account in one or more Scheduled Banks to utilize the foreign contribution.



14. Countrywide information/database about receipt of foreign remittances more than a specific amount, or suspicious transactions received by a person/association through banking channels shall be created, for keeping a watch over receipt and utilization of such foreign contributions.



15. Registration received by fraud, misrepresentation or false documents have been made punishable with imprisonment up to 5 years.



16. Provision has been made for disposal of assets created out of foreign contribution of defunct/inoperative organizations as per the prescribed procedure.



17. Provision has been made for compounding of certain offences under the Bill.

China
December 2006

Karla Simon finished her last weeks in China with a successful completion of the course she taught at Peking University Law School. She also visited with officials of the Ministry of Civil Affairs to discuss the proposed Charity Law and passed along to them ICCSL's comments on the September 15, 2006 draft law.

Hungary
December 2006

Leon Irish once again taught the Comparative Not-for-Profit Law course at Central European University. The course, which has been extremely well-evaluated by USAID and the students alike, remains very popular and exposes students to important and interesting ideas that they do not have access to in other courses.

China
December 2006

Prof. Karla Simon presented a paper at the Law Faculty of the Southwestern University of Finance and Economics on the "Legal Framework for Civil Society in China."

ICCSL has been continuing it cooperation with the Ministry of Civil Affairs, Peking University, and Tsinghua University in developing new legislation for charities and NPOs in China.

ICCSL participated in a "Corporate Social Responsibility" Roundtable sponsored by the European Chamber of Commerce to discuss ways in which corporate donors in China can become more involved in social and economic development projects.

Tallinn, Estonia
November, 2006

One of the keynote addresses at the conference on "Nordic Civicness Revisited in the Age of Association, organized by the Centre for Civil Society Study and Development (KUAK) at Tallinn University in collaboration with the Network on European Voluntary Associations (EVA)" was presented by Prof. Karla Simon. Dr. Leon Irish also presented a paper at the conference. More information is available at the website http://www.helsinki.fi/project/eva/ncr/index.html.

China
October 29, 2006
Charity Law Progress

The Ministry of Civil Affairs has recently published a draft of the proposed Charity Law, which is circulating within the Ministry for discussion and review. ICCSL has been working with the government to encourage giving in China by stressing the need for more tax incentives for donations. The report written by ICCSL for the World Bank in 2005 explains the types of tax benefits that are needed and how they can be implemented. A Charity Law Conference sponsored by the China Charity Federation and the Brigham Young University was held in Beijing on October 27-28. The discussions at the conference focused on issues regarding charity in China, with specific reference to the law, which was distributed to the delegate sin Chinese and explained by Ministry staff attending. There are ongoing discussions about what the law should contain and how it can be used to stimulate giving and volunteering in China. These issues have been stressed frequently in the press and remain of significance for China's develoment.

Another relevant issue that came up in the discussions was the transformation of public service units (shiye danwei) into NPOs. As Prof. Simon has stressed in a paper publish last year, the transformation of such entities into NPOs should take place in an orderly way but only after measures are developed to ensure that NPOs are operating in the public interest.

Europe
October 19, 2006


A book launch was held for the book STEUERN, ZIVILGESELLSCHAFT UND STAAT (TAXES, CIVIL SOCIETY AND THE STATE) to which Prof. Karla Simon was a contributor. The Austrian Society for Social Science Research conducted the launch. The book published in German and English and copies are available by contacting Prof. Juergen Nautz.

Americas
October 11, 2006

The Inter-American Court of Human Rights has released its 19 September decision in the case Claude Reyes and others v. Chile, which upheld the right of access to government information. This is the first decision of its kind by an international tribunal, and it provides support for claims of freedom of information activists around the world. By holding that Chile had violated Article 13 of the Inter-American Convention on Human Rights (which guarantees the right the freedom of thought and expression), the Court held that the Article contains an implied right of general access to government-held information. Thus, States must adopt legal provisions to ensure that the right is given full effect. The full text of the decision is available in Spanish here and there is an English summary available from freedominfo.org.

Afghanistan
October 2006
Proposed Amendments to NGO Law Released by Ministry of Economy

The Ministry of Economy released on 1 October 2006 draft changes to the current "NGO Law 2005," which it is proposing to introduce in the Parliament. ACBAR, the Agency Coordinating Body for Afghan Relief, has sent the proposed amendments to its members for comments. Suggestions for additional changes and/or revisions in the proposed changes will also be submitted by ICCSL, which is on mission in Afghanistan . The text of the proposed revised law is now available here.

September 26, 2006
International Grant-making

At the invitation of the Rockefeller Brothers Fund and the John D. and Catherine T. MacArthur Foundation, Dr. Leon Irish attended a seminar on grant-making in the Peoples' Republic of China. Over lunch, he made a PowerPoint presentation on the Legal Framework for Civil Society Organizations in the PRC. Further information about the event can be obtained from Dr. Peter Geithner, who organized it.

September 2006
New Interest Group Formed at ISTR Bangkok Meeting

During the international conference held in Bangkok in July, the new "Legal Issues Interest Group" (LIIG) met for the first time. It was an auspicious occasion for the group, given that the keynote speaker at the conference, Prof. Mark Sidel, is a lawyer and law professor with a strong interest in legal issues affecting the Third Sector. The more than fifteen people who attended the luncheon meeting of the LIIG represented a broad spectrum of diverse backgrounds and interests. Some were lawyers or legal academics and some have connections to the law because of their interest in accountability and governance issues. A variety of background was also represented, including academics and practitioners from Asia, Africa, Europe, the Middle East, and North and South America.

The LIIIG intends to develop a listserv, which will be open to all ISTR members as well as others who share concerns about the legal framework for the Third Sector and its institutions. Prof. Karla Simon, of the Catholic University of America and the International Center for Civil Society Law, will moderate the listserv. The intent of the listserv is to enable the creation of an open forum for discussions about legal issues affecting the sector. This will be the first such listserv established with such a goal. All subscribers will automatically also become subscribers to the INTERNATIONAL JOURNAL OF CIVIL SOCIETY LAW (IJCSL) and the IJCSL-NEWSLETTER, so that they may be informed of current developments in countries around the world. Members of the LIIG will also be encouraged to publish their papers in IJCSL, which is the only academically- affiliated publication covering all aspects of the legal environment for global civil society.

Persons interested in joining the listserv should contact Prof. Simon at simon@law.edu.

Global
August 20, 2006
International Civil Society Forum for Democracy

Nasira Razvi, ICCSL and APCCSL Associate, has been selected to participate in the International Civil Society Forum for Democracy 2006 (ICSFD 2006), to be held in Doha, Qatar. October 29 -- November 2, 2006. Participation in the ICSFD 2006 also implies participation in the Sixth International Conference of New or Restored Democracies (ICNRD 6), of which the ICSFD is one of three integral parts (governments, parliamentarians, civil society).

Beijing, China
August 13, 2006

The Course Reader for Prof. Karla Simon's autumn 2006 course in Comparative Civil Society Law at Peking University (Bei Da) is now available on the site. She will be teaching the course together with Assistant Professor Jin Jinping. For further information on the course or to obtain permission to use the materials in other courses, please contact Prof. Simon.

Global
August 4, 2006

The Spanish version of the OSI Guidelines (written by ICCSL founders Leon Irish and Karla Simon together with Robert Kushen of OSI) is now available in hard copy. To receive a copy, please send an email to Karla Simon.

Mongolia Update
August 2, 2006

The tax new law in Mongolia was adopted during the first week of July, just before the closing of the Parliament session. It imposes a flat tax and does not impose taxes on any NPOs, regardless of whether they are MBOs or PBOs. The proposed changes in the "NPO Law" are under consideration within the government at present, and the proposals that Dr. Irish worked on in December 2005 are being considered. The new law is on the schedule for the autumn session of Parliament.

Zimbabwe
July 27, 2006

The Institute for War and Peace Reporting says that the NGO Bill is due to be presented in the Parliament of Zimbabwe when the legislative session resumes in August. Taken together with other legislation that will further curtail the rights of citizens to speak their minds and criminalize ordinary civic activities as "terrorism," the package of legislation has been called the equivalent of "martial law."

PM's Wife Risks Kremlin Wrath to Meet Ngos
July, 17 2006

Cherie Blair yesterday risked the wrath of the Kremlin by meeting Russian civil society groups and apparently offering them legal advice in their fight against a law they say will restrict their activities.

Mrs Blair left the G8 summit at the Konstantinovsky Palace in St Petersburg to meet a dozen Russian non-governmental organisations (NGOs). Foreign and local NGOs have come under greater scrutiny from the Russian authorities since a new law came into force requiring many of them to register again with the government. Critics say the new law gives officials arbitrary control over their activities and the ability to shut them down.

While President George Bush met Russian NGOs before the summit, Tony Blair has remained silent about the alleged "rollback of democracy" in Russia.

Mrs Blair said she was interested to hear about the Russian NGO law reforms, and asked the media to leave as "it is quite important the NGOs feel comfortable to be able to speak to me [in private]".

Alexander Petrov from Human Rights Watch's Moscow office attended the meeting. He said: "If the NGO community had some questions regarding the legal analysis of NGO legislation, then she said she would be able to assist with that."

He added that Mrs Blair had offered to advise them which cases to pursue in the European court of human rights. Two other who were at the meeting confirmed the offer. Mrs Blair said she was not yet familiar with the legislation, they said.

Civil G8 Summit statement

Ghana
July 19, 2006

Dr. Leon Irish returns to Ghana for work on the following projects: the Cooperatives Act, the Freedom of Information Act, the proposed District Registration Act, and the proposed "NGO" Act.

KenyaJuly 13, 2006

Sessional Policy Paper No. 1 of 2006 on Non-Governmental Organizations passed the Kenyan Parliament on July 13th. The NGO Policy Paper had been in development since 2001, and was submitted to the Parliament in late 2005. The NGO Council was involved in years past, but had not reviewed or commented in 2005 prior to the paper's submission. The NGO Council Executive Committee will review the Policy Paper immediately and issue a statement in this regard. They are currently in consultations with ICCSL as to international best practices with regard to regulation and self-regulation of the NGO sector.

Uganda NGO Law Update
July 1, 2006

The leading Ugandan NGOs, including the national apex body the Uganda NGO Forum, have filed a petition with President Yoweri Museveni urging him not to sign the recently passed NGO Registration (Amendment) Act 2006, saying it would have a negative impact on the operation of civil society organizations and their role in the region as it heads toward forming a political federation by 2013. They added that the Act includes registration restrictions that might lead to the closure of some currently operating CSOs.

In terms of objections to the Act based on the Treaty of the East African Community (EAC), the report accompanying the petition states that "The spirit of the Treaty establishing the East African Community clearly envisages Civil Society Organisations and the private sector as key actors in the integration process. The treaty recognises that a strong partnership with the Civil Society and private sector is essential in achieving the primary objective of the treaty set out in Articles 5(1) and 5(3). These articles provide that the Community shall ensure the enhancement and strengthening of a partnership with CSO and the private sector in achieving a sustainable socio-economic and political development. Critically reading Uganda's NGO law as amended reveals that the law fails to meet these provisions that the three partner states have agreed to...Uganda NGO law as amended clearly fails to meet this test."

In addition, the report states that, taken as a whole, the new Act does nothing to encourage the development of CSOs in Uganda. Although problems may exist under the currently effective Non-Governmental Organisations Act Cap. 113 (1990) (for example, under the current law, all NGOs are required to register with the NGO Board which then issues a Certificate of Registration to a successful applicant subject to conditions or directions it may deem fit), the new requirements (for example, an NGO must first obtain a permit in order to register) would be retrogressive and serve not only as a bad development for Uganda but for the EAC as a whole.

Other Ugandan NGOs that have joined the petition include the Development Network of Voluntary Organizations (DENIVA), the Human Rights Network Uganda (Hurinet (U)), and the Advocates Coalition for the Development and Environment (ACODE). This story is based in part on an article published in The New Times, Kigali, and posted to the web by AllAfrica.com.

Russia NGO Law Update
July 1, 2006

A 29 June 2006 report by MosNews, an English language Russian news service, indicates that foreign non-governmental organizations are experiencing problems re-registering in Russia after a new law on NGOs came into force April 18. MosNews bases its report on a story published in the business daily VEDOMOSTI.

According to another report by the Russian news agency RIA-NOVOSTI, the Federal Registration Service has disclosed that none of the 40 foreign NGOs that applied for registration after the introduction of the law had managed to complete the process. It said there are currently between 500 and 2,000 foreign NGOs operating in Russia, and that all of them must re-register before October 18 this year.

Views as to the way in which the registration process works differ widely. For example, Sergei Tsyplenkov, executive director of Greenpeace Russia, has been quoted as saying that the new regulations were so ambiguous they gave officials a free hand in dealing with NGOs. The Registration Service, on the other hand, said the new procedure was simple and "purely technical," requiring only that a number of forms be filled out, a task it said foreign NGOs had failed to do.

India
June 24, 2006
INDIA-DRAFT OF NEW GOVERNMENT POLICY ON NPOS DISCUSSED IN THE PRESS

A news story published in the Hindustan Times on 23 June 2006 states that the Government of India is shortly expected to announce a national policy for NPOs. The policy has been formulated by the Planning Commission in consultation with NGOs and the concerned Government agencies. A final draft of the policy is with the Prime Minister for approval.

The AccountAid Team , iin its newsletter for 23 June 2006, suggests that some of the significant regulation-related changes that the policy is expected to announce are as follows:

1. Modifying tax and FCRA laws to allow Indian NPOs to expand their programs to outside India;
2. NPOs to set up a self-regulatory agency, and also to help formulate a reliable accreditation methodology;
3. NPOs to file documents related to constitution, board, membership etc. with the Government, and make them available over the internet;
4. Classification of NPOs into public utility organizations (schools, hospitals) and public benefit organizations (NGOs) to help tailor suitable tax-exemptions and incentives;
5. Study feasibility of enacting a central law which will offer an option to NGOs to register in order to operate across state-boundaries and also outside India;
6. Liberalization of FCRA;
7. Tax deductions on donations in the form of shares and stock-options;
8. Assess feasibility of liberalizing minimum-spending norm of 85%; and
9. Tighter administrative and penal procedures to check misuse of such benefits by "paper" charities.

Ghana
June 15, 2006

GAPVOD launched a new NPO Directory for Ghana, which covers the years 2005 to 2008 and gives accurate information on the number of NGOs that are actively operating and their areas of operation among others.

Japan
June 2006

Developments in NPO Accounting in Japan

New Accounting Standards for Public Interest Corporations Adopted

Review of accounting standards for public interest corporations and adoption of the new Standards
Accounting standards for public interest corporations had not been changed for 19 years after the last amendment in the 1980's, despite changes in the circumstances surrounding the organizations to which they applied. In view of this, a Study Group on Accounting Standards for Public Interest Corporations, set up in the former Prime Minister's Office in April 2000 (switched to the Ministry of Internal Affairs and Communications after the ministerial reorganization in January 2001), began to study ways in which these standards could be changed to bring them more in line with reality. As a result, an "Enumeration of arguments concerning a review of accounting standards for public interest corporations (Interim Report)" was published in December 2001.

Based on the results of this study, and the fact that, in the "Outline of Administrative Reform" decided by the Cabinet in December 2000, measures to improve accounting standards for public interest corporations were also to be studied, and a "Study Group on Accounting Standards for Public Interest Corporations" was set up in March 2002. Consisting of experts under the Managerial Board of Meetings of Cabinet Ministers Related to Supervisory Guidance of Public Interest Corporations, etc., the Group conducted studies over a term of about one year.

In March 2003, the "Report by the Study Group on Accounting Standards for Public Interest Corporations," consisting mainly of "Accounting Standards for Public Interest Corporations (Draft)," was compiled and published. The Report focuses on

• greater transparency of fiscal information,
• clarification of the trustee responsibilities of public interest corporations, and
• simplification of financial statements.

Japan
June 3, 2006

The Japan Association of Charitable Organizations (JACO) reports that the Reform of the Public Benefit Corporation Law has made significant progress. The debate in the Special Committee of the House of Councilors (the Upper House) was closed on 25 May 2006 and the below-mentioned three bills passed through the House of Councilors on 26 May 2006. As these three bills have now passed the Diet (Parliament), they will become effective as from the date to be designated by an order within two-and-a half-years.

1. Bill of the "general incorporated association and foundation law;"
2. Bill of the "charitable status recognition law;"
3. Bill of the "relative transition, modification & repeal law."

Global

Mixed Reactions to Human Rights Council Elections
May 10, 2006

On May 9, 2006, the elections for membership in the UN's new Human Rights Council were held and the reactions to the membership of the new body are mixed, with many human rights organizations expressing concern that so many of the countries elected have at best mixed records on human rights. On the other hand, Human Rights Watch noted the following three factors in favor of the election in its press release:

• New membership standards and election procedures discouraged states with some of the worst records of human rights abuses from even running for election, including recent commission members Sudan, Zimbabwe, Libya, Syria, Vietnam, Nepal, and Egypt, and others of the worst violators, including North Korea, Burma, Uzbekistan, Turkmenistan, Belarus, and Ivory Coast.
• A handful of politically powerful violators were elected, including China, Russia, and Cuba. But major oil producers such as Iran, which has a very poor human rights record, and Venezuela, which declared it was not bound by the council's new standards, were defeated. While Human Rights Watch had expressed opposition to six of the new members on human rights grounds, they account for only six out of 47 seats on the new council.
• Countries campaigned for election in large part by highlighting the contribution they would make to the promotion and protection of human rights. While issuing human rights pledges and commitments was voluntary under the resolution creating the new council, all 64 candidates published written commitments for advancing human rights.

New Translations of OSI Guidelines
May 12, 2006

New Translations of OSI Guidelines. The Russian, Chinese, and the Spanish translations of the OSI Guidelines are now available on the ICCSL site in the Document Center.

Conference on U.N. Reform
April 3, 2006

A conference on UN Reform was held in the Moot Court Room of Catholic University of America's Columbus School of Law on April 3, 2006. Two topics were addressed - the newly established Human Rights Council and the Peace-Building Commission, which is already in formation.

The speakers for the Human Rights Council session included Will Davis, Director of the UN Information Center, Lawrence Moss, Special Counsel on UN Reform at Human Rights Watch, and Ruth Wedgwood, Director of the International Law and Organization Program at Johns Hopkins University's School of Advanced International Studies (SAIS). Professor Karla Simon, who teaches Human Rights Law at CUA and is a member of the National Council of the UNA-USA, moderated the Human Rights Council panel.

The second panel included Peter Gantz, Peacekeeping Advocate with Refugees International, Fr. William Headley, Counselor to the President, Catholic Relief Services, and Dennis Hankins, Deputy Director of the Bureau of International Organization Matters in the Office of Peacekeeping, Sanctions and Counterterrorism in the United States Department of State. Associate Professor Maryann Cusimano-Love of the CUA Politics Department, who is a member of the Catholic Peace-Building Network, moderated the Peace-Building Commission Panel.

Sponsors of the event included the Center for International Social Development of the Catholic University of America, the Comparative and International Law Institute, the International Center for Civil Society Law, and the United Nations Association of the USA's Council of Organizations.

More information and conference details are available at Conference on U.N. Reform deatils.

ICCSL President and ACCSL Associate Participate in ABA Program
April 8, 2006

ICCSL President Dr. Leon E. Irish and ACCSL Associate Mr. Tamuka Muzondo, Director of Policy and Planning for NANGO, the National Association of Nongovernmental Organizations in Zimbabwe, spoke at the American Bar Association's Section of International Law Spring Meeting in New York on April 7, 2006. The program, which was entitled Global Governance: International Organizations' Response to Civil Society's Demand for Accountability, also included Bharati Sadasivam, Senior Policy Adviser, Civil Society Organization Division, UNDP. The session was chaired by Karen Hudes, of the Legal Department of the World Bank, and Chair of the Section's Committee on International NGOs and Not-for-Profit Organizations Committee. The Africa Committee of the Section also co-sponsored the meeting.

The discussions of the panelists focused on issues with regard to how the UN deals with civil society input; how regional groups, such as NEPAD and the African Union address the ways in which civil society; and the problems presented for additional civil society engagement at the UN, following on Secretary General Annan's appointment of the Eminent Persons panel and the failure of the General Assembly to implement the Panel's recommendations. All panelists, the Moderator, and the audience agreed that non-state actors, whether or not they can be deemed representative of constituencies, have expertise that should be brought to bear on policies for social an economic development. One important role of knowledge providers like ICCSL is that they can help both national governments and inter-governmental organizations to create policies for civil society and broader citizen participation.

Secretary of State Condoleezza Rice Opening Remarks
March 8, 2006

Secretary of State Condoleezza Rice delivered opening remarks on the release of the State Department's 2005 Country Reports on Human Rights Practices. Under Secretary Paula Dobriansky and Assistant Secretary for Democracy, Human Rights and Labor Barry F. Lowenkron also gave remarks at the special press briefing and answered questions. The reports in this volume will be used as a resource for shaping policy, conducting diplomacy, and making assistance, training, and other resource allocations. They also will serve as a basis for the U.S. Government's cooperation with private groups to promote the observance of internationally recognized human rights. The reports can be accessed at http://www.state.gov/g/drl/rls/hrrpt/2005/index.htm.

Writing in the latest issue of CEIP's e-newsletter, however, Thomas Carothers warns that many countries around the world are now pushing back against efforts aimed at "democratization." His paper "The Backlash Against Democracy Promotion" can be found in the April/May issue of Foreign Affairs and is available on the CEIP site at http://www.carnegieendowment.org/publications/index.cfm?fa=view&id=18070&prog=zgp&proj=zdrl.

United Nations General Assembly created a new U.N. human rights body
March 15, 2006

The United Nations General Assembly on Wednesday created a new U.N. human rights body by an overwhelming majority, ignoring objections from the United States. Ambassadors broke out in sustained applause when the vote was announced: 170-4 with 3 abstentions. Joining the United States in a "no" vote were Israel, Marshall Islands, and Palau -- but not American allies in Europe or Canada. Belarus, Iran, and Venezuela abstained.

Professional development workshop at the international meeting of ISTR
March 15, 2006

Prof. Leon Irish and Prof. Karla Simon will be giving a professional development workshop at the international meeting of ISTR, which is to be held in Bangkok, Thailand, in mid-July. They will discuss their pioneering Comparative Civil Society Law course, which has been taught in Central Europe, in the United States, and in China, and is due to be taught in Africa and Western Europe in the near future.

Asia Region
March 15, 2006

ICCSL announces the launch of the new Asian Pacific Centre for Civil Society Law (APCCSL) and its new website www.apccsl.org. The Centre will have two nodal locations - the NPO Law Center at Peking University Law School, which will be Co-Directed by Prof. Karla W. Simon beginning in Fall 2006; and the University of Mysore, under the Directorship of Prof. P. Ishwara Bhat (http://www.uni-mysore.ac.in/index.php?m=about). Further developments in Asia with respect to civil society law will be announced on the APCCSL site as well as the ICCSL site.

Canada
March 10, 2006

Final Public Benefit Test Guidelines Released

New CRA Guidelines for "Registering a Charity: Meeting the Public Benefit Test" were released March 10, 2006. Under current law, an organization is only charitable if it meets the definition of charity at common law. Part of that definition requires that in order for an organization to be considered charitable it must be established for public benefit. After having released proposed guidelines on how CRA interprets the public benefit test on July 29, 2005 for consultation, CRA finally released their official guidelines on March 10, 2006. The guidelines are intended to clarify the meaning of the term "public benefit" as CRA understands and how it would apply when CRA makes determinations of charitable status under the Income Tax Act. CRA's document is available at http://www.cra-arc.gc.ca/tax/charities/policy/cps/cps-024-e.html.

China
May 5, 2006