Cover story / israel Factious Funding A pair of proposed bills aimed at restricting foreign funding for ‘political’ NGOs has sparked a storm of controversy

Ziv Hellman

hat constitutes government will be asked to vote on the bills 22-day operation, intended to put a stop to interference in the in- is now entirely in the hands of Prime Minis- Hamas rocket fire on Israel, was largely suc- ternal politics of one ter Benjamin Netanyahu. And it is likely that cessful in attaining this objective. country by foreign gov- Netanyahu will try to delay the vote as long But there were more than 1,000 Palestinian ernments? What can a as possible, in an effort to quiet down some of fatalities in that operation (1,387 according to Wdemocracy legitimately do to defend against the furor that the bills have caused. Palestinian sources, and 1,166 according to foreign interference? The directors of many of the country’s the IDF), and this prompted the United Na- A pair of bills currently being considered leading NGOs, however, have not been as- tions Human Rights Council to commission by the government, described by their sup- suaged by the many procedural hurdles a fact-finding mission, led by South African porters as straightforward efforts to protect standing in the way of adoption of the bills Judge Richard Goldstone. The subsequent Israel from the “intervention of foreign bod- as law. They are increasingly concerned that report of the commission, published in Sep- ies in determining the future and nature of their freedom of operation is in danger. Some tember 2009 and popularly called the Gold- life in the State of Israel” has sparked a storm of them are openly talking in grave terms stone Report, cast Israel in a negative light by of controversy. Opponents vehemently insist about a concerted effort by political elements concluding that the IDF and Hamas had both that the bills are undemocratic in both es- to shut them down. committed war crimes and possibly crimes sence and intention, and that they constitute “The range of organizations whose im- against humanity. a heavy-handed attempt by the government portant work may be affected is very wide,” Israel officially refused to cooperate in any to stifle political opinions that it dislikes. says Ronit Heyd, executive director of Shatil, manner with the Goldstone commission, and Some opponents have gone so far as to state a civil and human rights organization estab- disputed its findings in January 2010. What that adopting the bills as law would be a step lished by the New Israel Fund. “It includes aroused the ire of several MKs, however, towards making Israel a country as undemo- organizations working for civil rights, wom- was the cooperation that Goldstone ostensi- cratic as “Sudan and Iran.” en’s rights, gender equality, employment op- bly found from several Israeli human-rights The first bill, proposed by Likud MK Ofir portunities and environmental issues. Politi- NGOs, some of whom apparently willingly Akunis and called “The Associations Law cians in the Knesset and government are con- shared extensive documentation on the ac- (Amendment – Banning Foreign Diplomatic sidering passing new laws that will curtail all tions of the IDF with the Goldstone com- Entities’ Support of Political Associations in these, and it will affect every single citizen,” mission. Goldstone does, in fact, cite Israeli Israel)” would limit donations from foreign she tells The Report. NGOs extensively in the footnotes of his state entities to “political associations” to no “These two bills are part of a larger effort report, although the organizations claim that more than 20,000 shekels (about $5,500) per to curtail the work of human rights and so- they provided publicly available information year. A second bill, proposed by Yisrael Beit- cial change organizations whose agenda or and, furthermore, that they also pointed to einu MK Fania Kirshenbaum would not limit activities are not approved by various MKs the human rights violations committed by donations by foreign states to Israeli NGOs and ministers,” says Hagai El-Ad, executive the Palestinians in Gaza who target civilians but subject them to a 45 percent taxation rate. director of the Association for Civil Rights in within Israel. The bills were approved on November 13 Israel (ACRI). “This attempt to harm the ac- This subsequently led over the past two by the government’s Ministerial Committee tivities of organizations that deal with human years to a public relations campaign by right- on Legislation, with 11 ministers voting in rights in these and other bills currently be- leaning politicians against human rights favor and five against. But immediately af- ing advanced undermines the foundations of NGOs operating in Israel. The campaign ter the vote, two of the dissenting ministers, democratic rule.” (See “Open, Vibrant, and included a prominent focus on the fact that Benny Begin and Dan Meridor, lodged an Pluralistic,” page 14.) many of the targeted NGOs receive funding appeal, a procedure that mandates that the from European government and United Na- bills must be brought to a vote before a full he roots of the efforts to tions sources, fueling charges that foreign government assembly before they can pro- shut down foreign funding of NGOs governments were interfering in Israeli poli- ceed to a preliminary reading in the Knesset Tgo back to the aftermath of the Israel tics by way of seemingly innocent support plenum. A source in the Knesset tells The Defense Forces’ Operation Cast Lead in the of NGOs, as part of an international effort to Report that the decision regarding when the Gaza Strip in late 2008 and early 2009. The delegitimize Israel.

10 The Jerusalem Report DecEMBER 19, 2011 ANTI-NGO: Right-wing activists, dressed as Arabs, demonstrate against the leftist New Israel Fund (NIF); one of the signs, depicting NIF President Naomi Chazan with a horn, says ‘Thank you NIF, Friends from Gaza’

of funds from these very same countries,” points out El-Ad, “in the framework of trade agreements, investments, and loans, as well as the donation of enormous sums. Moreover, the ‘intervention’ of these states via their funding is manifested in all areas of YOSSI ZAMIR / FLASH 90 life – education, culture, health, welfare, and, of course, security. The European Union, for example, transferred 158 million euros to Israel in 2010, of which only 1.8 million euros went to human rights organizations.” Heyd seconds El-Ad’s point. “Every single The two bills on restricting foreign fund- rael… It is intolerable that the State of Israel government ministry receives European ing of NGOs are a direct expression of these should freely and declaratively allow other Union funding,” says Heyd. “Of course, claims. Kirshenbaum’s bill explicitly men- states to intervene in its domestic affairs.” that will not be stopped by the proposed tions the Goldstone Report in its wording, legislation, but the budgets of organizations accusing “several organizations operating l-Ad systematically at- fighting for justice for the weaker segments in Israel” of working towards the aim of tacks nearly every aspect of the pro- of society will be threatened.” “defaming the State of Israel in the eyes of Eposed legislation on foreign funding El-Ad also pointedly asks why only contri- the world and encouraging the persecution for NGOs, with barely concealed contempt for butions from foreign governments are target- of IDF officers and soldiers while harming the supporters of the bills. “It is troubling that ed, while donations from private individuals their reputation.” The bill goes on to refer to the fundamental principles of the democratic abroad are not mentioned at all, and goes on “the major contribution these organizations system must be repeatedly explained,” he tells to answer his own question by stating that the made to the findings of the Goldstone Report, The Report. “Every rational person knows that proposed legislation is nakedly intended to a UN-sponsored report that criticized IDF for a democracy to exist, and in particular for harm the operations of organizations on only conduct during Operation Cast Lead; taking it to flourish, it is necessary to safeguard free- one side of the political spectrum. The logic part in the filing of indictments against senior dom of expression, freedom of association, behind this is that right-wing MKs would not Israeli officials and army officers around the and freedom of public criticism and protest, dare to shut down the sources of funding for world; and attempts to mark IDF soldiers as which encompasses the freedom of activity of right-wing groups, which tend to come from war criminals, encourage people to refuse human rights organizations and the spectrum private individuals abroad. military service, and call for economic and of views and opinions, including those about “They want to ensure that funding from political boycotts against Israel.” which not everyone agrees.” private foreign donors remains unharmed,” Claiming that “foreign money pays for the El-Ad directly disputes the view that the says El-Ad. “But the donations from private moves these organizations are making against activities of NGOs are harmful to the state. donors abroad total no less than the funding the IDF” and explicitly listing “Britain, Swit- “Attacks on human rights organizations from foreign states to human rights organiza- zerland, Norway, Spain, Germany and Ire- harm the weakest groups in the population, tions. Some of that [money from private indi- land” as the offending foreign governments, groups that these organizations represent viduals] has a profound impact on the politics Kirshenbaum’s bill concludes that “these are and to which they give voice,” says El- of Israel. Organizations identified with these foreign states that intervene in Israel’s domes- Ad. “And it is important to emphasize that positions do not receive moneys from foreign tic political discourse in an attempt to delegiti- official bodies in Israel – civilian and defense state entities because they do not seek to pro- mize the IDF’s activities and soldiers.” alike – seem to be aware of the importance mote human rights. On the contrary, their Akunis’s bill, while not mentioning the of human rights organizational activity in overriding aim is to influence politics.” Goldstone Report, speaks in a similar vein Israel. These organizations are not only cited Finally, El-Ad worries that the ambiguous about banning donations from foreign govern- in official state reports, but all these official distinction made between “political asso- ments or international bodies such as the UN bodies maintain ongoing contact with the ciations,” who would be forbidden to receive or the European Union to “political associa- organizations, and seriously address their foreign government donations under the tions” because such associations “operate un- claims and findings.” proposed legislation, and other associations der the guise of ‘human rights organizations’ He casts as “ridiculous” the idea that would leave NGOs at the mercy of politi- and intend to impact on the political discourse foreign states are seeking to subvert Israeli cians, who could declare that an NGO they in and the nature and policy of the State of Is- sovereignty. “The State of Israel is a recipient dislike is “political” and thus cut it off from

The Jerusalem Report decEMBER 19, 2011 11 Cover story / israel

potential donations. “Is it really possible to as a country that boasts that it is the only de- ll the organizations in- define a ‘political association’?” asks El-Ad. mocracy in the Middle East, Israel should be terviewed by The Report on the “The interpretation is left to the eyes of the promoting the opposite type of legislation: A subject report that even if the bills beholder. This potentially endangers any bills that protect the human rights of all citi- become law and their sources of foreign organization. It is doubtful whether such an zens, and especially the rights of a minority governmental funding are cut off, they will ambiguous term can stand legally.” to voice its opinion,” says Krebs. continue to operate. “Donations [from for- Heyd regards the “political association” The distinction made between foreign eign government sources] are usually given clause in the proposed bills as being par- government sources of funding and private for specific projects,” explains Heyd. “They ticularly threatening to the freedom of ac- donors also makes little sense, argues Krebs. can constitute 20 percent, 30 percent or even tion of NGOs. “One can define ‘political’ to “While foreign democracies that support hu- 50 percent of the budgets of large projects. be anything,” points out Heyd. “Protecting man rights organizations are committed to Clearly some organizations will be hurt the rights of women to sing in public places transparency, private parties are not,” says more than others. It depends to what extent could be interpreted as political by its oppo- Krebs. “Therefore, the difficulty in identi- alternative sources of funding can be found.” nents. An organization that has information fying contributions from dubious sources El-Ad vows that ACRI will not curtail its on possible violations of the law by politi- should be greater in cases of private contrib- activities. “We are determined to go on, no cians could be threatened into silence by be- utors than in the case of foreign countries. matter what,” he says. “We believe that we ing categorized as a political association.” “Why should contributions that are re- can find alternative sources of donations A Knesset source close to MK Akunis, ceived from an organization such as, say, from private sources, if need be. Of course, who asked for anonymity because he was the World Bank, be suspected of political we will fight this every step of the way. not authorized to speak to the press, tells The interference in the internal affairs of Israel We are actively involved in debates on the Report that supporters of the bill feel that the and be deemed unacceptable, while contri- subject in the Knesset, and our voice will distinction between political and non-polit- butions from extremist religious organiza- be heard.” ical organizations is clear enough, and that tions operating in foreign countries, from Both Heyd and El-Ad tell The Report that opponents are effectively raising straw-men oligarchs, and from foreign tycoons are con- what concerns them more than the specifics arguments in stating otherwise. sidered worthy and legitimate? The bills cur- of the bills on NGO funding is a slew of leg- “It is ridiculous to claim that universities rently under consideration relate to friendly islation and bills introduced in the Knesset or workersʼ rights organizations could be af- countries as if they were enemy states, and over the past two years that they consider fected by the bill,” says the source. “The bill to civil society NGOs as if they were terror- anti-democratic in intent. “This includes clearly defines ‘political organizations’ to be ist organizations. They differentiate between legislation limiting freedom of expression, those actively involved in trying to influence groups that support the regime and groups reducing the rights of Arab citizens, and at- foreign and defense related policies. Everyone that are critical of the regime, discriminating tempts to limit the authority of the Supreme knows what that means. In any event, the bill against the latter.” Court,” says El-Ad. “Each one separately is has a long way to go before it can become law The Knesset source backing the bills, problematic, but the larger picture is even – there is still a government vote ahead of us, however, tells The Report that there is no more disturbing. and then it will go to the Knesset plenum for discrimination intended in the proposed “Clearly some of these anti-democratic a preliminary vote, followed by committee legislation. “Legislation cannot discrimi- laws are likely to be struck down by the Su- deliberations and then back to a full plenum nate between one end of the political spec- preme Court,” continues El-Ad, “but that in vote. Along the way there will be plenty of trum and another, or target a specific group,” itself is a problem. We should only have to opportunity for objections to be heard and for says the source. “No one’s democratic right use the power of the court to strike down introducing clearer definitions, if necessary.” to freedom of expression is being denied unconstitutional legislation sparingly. If the here – political NGOs will still be free to do court is the only defender of democracy, hiri Krebs, a researcher at everything they are doing now, issue state- something has gone wrong. The frequent the Israel Democracy Institute and a ments, demonstrate, etc. There is nothing passage of laws that their supporters know Sdoctoral student in international law anti-democratic here at all. There is a matter will be challenged before the Supreme and dispute resolution at Stanford University, of principle expressed in the bill, because no Court, at a time when the court itself is un- minces no words in her legal analysis of the government in the world can tolerate another der attack, undermines the foundations of bills. “Like Putin, Chavez and leaders of government trying to interfere in its policies. our democracy.” similar regimes around the world, the propo- “Spain would not tolerate foreign govern- Heyd promises that a long fight lies ahead, nents of these bills, supported by the prime ments giving money to NGOs working for if necessary, to stop what she regards as a minister, seek to silence criticism of the gov- Basque separatism, not would Her Majesty’s slide down a dangerous slope towards a po- ernment,” explains Krebs to The Report. government in Britain agree to foreign enti- tentially far less democratic Israel. “We will She goes on to claim that although the stat- ties openly supporting organizations working fight this with all our strength,” she says. “The ed purpose of the bills is to “combat the phe- for the aims of the Irish Republican Army. trends are destructive. We will use the courts nomenon of delegitimization of Israel in the Conversely, if the British government has as much as we can, but ultimately the people world,” they are having exactly the opposite something it wishes to say about Israel’s poli- have to show that they want a just and demo- effect, further tarnishing Israel’s image in cies, it can use legitimate diplomatic channels cratic society. I expect people to go out into the the world by presenting the country as mov- to express that, instead of giving money to streets over this, because what is at stake will ing in an anti-democratic direction. “In fact, politically motivated groups in Israel.” affect the lives of every single one of us.” •

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