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Freedom of Association in ISRAEL |
Summary Report
There are many limitations on the exercise of the right of freedom of association mostly involving discrimination between Arab and Jewish groups in Israel. The Law of Associations - 1980, the main statute that governs the establishment and functioning of NGOs in Israel and places limits on the exercise of the right of freedom of association, for example, gives powers to the Registrar of Associations, which today belongs to the Ministry of Justice, to intervene directly and indirectly in some circumstances in the activities of NGOs. In addition, since 1948, Israel has been in a declared “state of emergency”, which gives the security bodies the power to use the Emergency (Defense) Regulations – 1945 in an arbitrary manner to limit the right of association in Israel. While it is true that this power has been used rarely since the 1990s, it still exists and is used in a draconian manner, denying individuals and groups their rights to due process, fair hearing and trial. Finally, Israel’s position and practice as an Occupying Power has led to a wide number of violations of the right to freedom of association in the Occupied Palestinian Territories. However, the question of occupation will only be dealt with in this chapter in so far as it had consequences for associations inside Israel for example through the use of the Prevention of Terrorism Ordinance – 1948 and Law for the Prohibition of Terror Funding – 2005.
Since the 1990s, the right of freedom of association in Israel has gained strength. Altogether around 40,800 organizations were registered in Israel between 1981 and 2005, 23,650 of which are active.1 As of 2002, Israel’s Third Sector constitutes roughly 13.3% of the country’s GDP and employs over a tenth of the nation’s workforce. According to the Israeli Center for Third Sector Research, in the Hopkins Project’s comparisons among 22 countries, Israel ranked fourth (behind Holland, Ireland and Belgium) in the relative size of its Third Sector within the larger economy. Israel’s Third Sector works predominantly in five fields: religion, culture and education, education and research, and welfare and philanthropy. The share of organizations involved in these areas amounted to 83% in 2005. Public funding is the Third Sector’s main revenue source (52%) in 2002. 2 There are no GONGOS in Israel.
A - International standards
Israel is party to all of the major international human rights conventions, which guarantee the right to freedom of association. In particular, Israel ratified the International Covenant on Civil and Political Rights (ICCPR) in 1991, which by Article 22 protects the right to freedom of association. The ICCPR has not been incorporated into Israeli domestic law, and is thus only persuasive authority.
B – Domestic law
a. Constitutional provisions
Israel lacks a formal written constitution or a bill of rights. Over the years, the Knesset enacted a series of Basic Laws to delineate the separation of powers. In 1992, the Knesset passed two important Basic Laws - The Basic Law: Human Dignity and Liberty3 and The Basic Law: Freedom of Occupation4 - which, for the first time, contain “constitution-like” protections for some civil liberties. However, these Basic Laws, considered a mini-bill of rights by some Israeli legal scholars, do not enumerate the rights of freedom of expression and the right of freedom of association. Thus, Israel has no law that “constitutionally” guarantees the right of freedom of association.
b. Relationship between international law and domestic law
Under Israeli law, international human rights covenants are not binding, unless they are incorporated into domestic law.
c. National law on freedom of associations
The Law of Associations of 1980 is the main statute that governs the establishment and functioning of NGOs in Israel.
While freedom of association is a fundamental right, three types of statutory laws restrict the exercise of this right. The first type is found in statutes that regulate the formation and operation of NGOs, corporations, and cooperative associations. The second type of restrictions involves criminal laws and the Emergency Regulations - 1945 which aim to prevent the establishment or activity of “illegal associations” (namely those groups deemed by the law to be a security risk or to constitute a terror organization). The third type involves direct or indirect restrictions on the freedom to form professional associations or the requirement that certain professionals belong to such an association in order to practice their profession. This paper will focus on the first two types of restrictions.
d. The jurisprudence
The Supreme Court of Israel has recognized the rights of freedom of expression and association as fundamental rights. The landmark case in Israeli legal history which set forth the right of freedom of expression as a fundamental right was Kol Ha’am, delivered in 1953. 5 The first case which related directly to the right of freedom of association was brought by an Arab group in 1960, when they applied to the Registrar of Companies to obtain permission to register their company, “El-Ard Ltd” In 1964. 6 In this case, the Supreme Court decided that the “security of the state” was not an explicitly stated purpose in the law, and thus, the Registrar (for registering a company) does not have the authority to consider security reasons as basis for his decision to refuse to register the company. The Court ruled that the right to freedom of association is a fundamental right which can only be limited by express legislative authorization; in this specific case, the Registrar exceeded his power in denying permission and must allow the company to register.
1. Does the system allow for non-declared or unincorporated associations?
There is no article in the law which prohibits any group from acting as an association without being registered. Both registered and non-registered associations may conduct activities as a group. But a non-registered association will not have “legal personality”, meaning that it cannot be sued in court as an association and it cannot initiate a lawsuit in its name alone. Further, it cannot open a bank account or use checks in the name of the group.
2. What are the bases upon which registration can be rejected? (e.g. race, security, religion, politics)
Pursuant to Article 3 of the Law of Associations (1980), registration can be rejected if the association: (1) negates the existence of Israel; (2) negates the democratic character of Israel; and (3) uses the association as a cover for illegal activities.
Article 4 also sets restrictions on the name of an association. Registration will be refused if the chosen name is “likely to mislead or to offend the public interest or the feelings of the public” (art. 4-a). Article 4 (a) has been used by the Registrar in many instances, especially in political circumstances in which the Registrar stated that the name of the association might mislead the public.An association shall also not be registered if the name is “identical with or similar to such a name to mislead: (1) a registered association in Israel; (2) an association which was registered in Israel and its registration was cancelled and two years since the registration did not yet pass; and (3) an association which is in the process of registration” (4-b). If an association was registered in a name against what was stated in (a) or (b) above: “the Registrar may order it to change its name.” If the association does not comply “within a reasonable time from the date of the order, the Attorney General of the state may ask the court to order the association to change its name.” (4-c). A landmark Supreme Court case in this regard is Nasser, in which a Palestinian and Jewish group asked to register as an association under the name, “The Israeli-Palestinian Association for Human Rights.” The Registrar refused to register the group on the grounds that using the name “Palestinian” might mislead the public by giving the impression that Israel recognizes and legitimizes Palestine. In this case, the Supreme Court overturned the Registrar’s decision ruling that he violated the fundamental right of the association to choose its name.
Despite the Supreme Court’s clear ruling in Nasser v. The Registrar of Associations, the practice of the Registrar does not consistently conform to it. In many cases, the Registrar tries to convince the founders to change the name of the association, when he has no legal basis on which to do so. The founders often do not initiate legal proceedings against the Registrar so as not to delay the process of registration or create hostility with him at this early stage of establishment of the association.
3. Is the registration system based on Licensing or simple information/notification?
Article 2 of the Law of Association of 1980discusses the procedural process of registering an association. The application fee is reasonable at NIS 773 (US $185).
(a) “An application for registration of an association shall be submitted by the founders to the Registrar of Associations (hereinafter: the Registrar), stating the name, objectives and address in Israel of the association, and the names, addresses and identity numbers of the founders. To this application will be submitted an affidavit signed by the founders stating their willingness to found the association as is requested and their willingness to be members of the Board of the association.”
(b) “After submitting the application and as long as it was not registered as an association, the Registrar will accept any changes or amendments for the application as was stated in article (a) above, if it was signed by the majority of the founders of the original application; unless, he is convinced that the application for changing or amending was sent to all of the founders by registered mail at least 14 days before it was submitted to him.”
According to article 5 Law of Associations 1980 :“When a registration under section 2 has been submitted, the Registrar shall register the association in the Register of Associations, unless he holds that he is prevented from doing so by sections 1, 3 or 4 (a) or (b).”
4. How easy or difficult is the registration: (e.g. time, cost, number of incorporators)
There are often long delays in registering associations in Israel.
5. Are there effective remedies in the cases where registration is denied, delayed (e.g. judicial, administrative?)
“If the Registrar refuses to register an association, the founders may appeal to the District Court within 30 days after notice of the refusal was delivered to them. A request by the Registrar under section 4 (b) may be appealed as aforesaid within 30 days after notification thereof was delivered.” (Article 6)
Based on Article 5, the Registrar may not reject an application for registration except for reasons based primarily on Articles 3 and 4. The Law of Associations – 1980 does not set forth a timetable by which the Registrar must respond to the application to register. However, the Law for Amending Administrative Arrangements (Decisions and Explanations) – 1958 states that each administrative body must give reasons for its decision within 45 days. Therefore, the administrative law requires the Registrar to provide his reasons within a limited time. However in practice, few individuals are aware of this administrative law requirement and since the Law of Associations – 1980 does not set a timetable, in many cases the Registrar delays his response beyond the 45 day deadline. If the Registrar does not respond within 45 days, legally it will be seen as a refusal to register and the founders may appeal to the District Court against this decision. In addition, if the Registrar sends the founders a notice of refusal to register the association or its name, they also have the right to appeal this decision within 30 days.
6. Does registration automatically entail obtaining separate legal entity?
The “legal personality” is not obtained by the registration but after publication in the official gazette. Articles 7, 8, and 8 (A) of the Law of Associations 1980 state that when the association has been registered, the Registrar shall publish a notice to that effect in the gazette and shall issue a certificate of registration to the association. The association shall then be competent in respect to any right, obligation and legal act. In addition, Article 8(A) (a 1996 amendment to the law) orders the association to use its full name in all of its documents, pamphlets, publications, and signs, and at the end of its name to add one of three words: association, registered association, or the abbreviation RA. It appears that Article 8(A) was added to the law in order to distinguish between registered and non-registered associations.
7. Are there other viable alternatives if the right to freely form and incorporate an association is denied (e.g. incorporate as a company, a trust, a “Wakf”)
Two other types of not-for-profit organizations, each with different requirements for formation, membership, and public purpose exist. These include: private companies for the public benefit, governed by the Companies Act, 1999; and cooperative societies, governed by the Cooperative Societies Ordinance, 1933.
1. What are the causes/grounds of dissolution? Suspension?
An association may be dissolved in two ways: voluntarily by the association or an involuntarily by an order of the District Court.
a) Voluntary dissolution (Articles 43-48 of the Law of Associations (1980)) – The General Assembly (GA), when convened in due form by the Board, may decide by a majority of two-thirds of its members to dissolve the association. The law is silent about the circumstances and conditions under which the GA might exercise its power to dissolve the association, giving thus total freedom to the members to decide about the ground of dissolution.
b) Involuntary dissolution – Dissolution by Court Order (Articles 49-54 of the Law of Associations (1980))
According to article 49, “The District Court may order the dissolution of an association when any one of the following is the case:
(1) the activities of the association are conducted in a manner contrary to Law or contrary to its objectives or internal regulations;
(2) objectives of the association are aimed at the negation of the existence or the democratic character of the State of Israel;
(3) an investigator appointed under section 40 has recommended that the association be dissolved;
(4) the association is unable to pay its debts; (5) the court has found that it is equitable and just that the association be dissolved.”
2. What authorities pronounce these decisions? (role of the Judiciary, Executive …)
Only the District Court can pronounce the (involuntary) dissolution of an association. The application for dissolving an association shall be made by the Attorney General or the Registrar (art. 50-a) but only after the Registrar has warned the association in writing to remedy the position and after the association has not done so within a reasonable time after it received the warning, in the cases 1,3, and 4 of Article 49. Article 49-2 does not require any previous notification.
3. Are there effective remedies and appeals?
Every person (party or third party) aggrieved by the winding-up (dissolution) order or by a refusal to grant it, may appeal to the Supreme Court (art. 52).
4. Special regulations
Israeli Criminal Law
Israeli criminal law also prohibits “illegal associations” which are strictly defined. They can be either registered or non-registered associations.
Illegal associations are defined by Israeli Criminal Law as composed of any group of personswhich “by its regulations or propaganda or otherwise advocates, incites or encourages, the subversion of the political order by revolution; the overthrow by force or violence of the lawful government of Israel or any other state; or the destruction or damage of property of the State.” Individuals found to be members of such unlawful associations, primarily relating to high security breaches (art. 145-1 of the Penal Law of Israel – 1977), may be punished by imprisonment for three years (art. 146). To pay fees, donate funds, or publish materials for or in the interests of such an illegal association is considered as an offence punishable up to six months (art. 148).
The Emergency (Defence) Regulations - 1945
The state may also use the Emergency (Defence) Regulations – 1945 to close down and declare any group to be an “illegal association”. Under Regulation 84, the Minister of Defence has absolute discretion to declare any group of persons, a registered or unregistered association, to be an “illegal association” for high security breaches, which are inciting or encouraging the overthrow by force or violence of the political order or government of Israel; bringing into contempt or arousal of disaffection against the government or its ministers in their official capacity; destruction of or damage to government property; or acts of terrorism directed against the government of Israel or its servants.
Israel used the Emergency (Defence) Regulations - 1945 extensively against the Arab minority, especially during the military regime period (1948-1966). It was also used by former Prime Minister Menachem Begin in the 1980s to prohibit the holding of a conference organized by Arab leaders. Since the 1990s, the use of the Emergency (Defence) Regulations – 1945 against citizens of Israel to close down associations is rare. However, Article 84, noted above, is used frequently to declare illegal organizations outside of Israel (such as Hezbollah) in order to prohibit Israeli residents and citizens from being in contact with these groups as members or for financial purposes.
The Prevention of Terrorism Ordinance – 1948 7
Article 1 of the Prevention of Terrorism Ordinance – 1948 defines a “terrorist organization” as a group of persons “resorting in its activities to acts of violence calculated to cause death or injury to a person or to threats of such acts of violence.” Activity in a terrorist organization is punishable by twenty years imprisonment, while membership in such a group carries a maximum sentence of five years. The Ordinance also prohibits support or encouragement of a terrorist organization, possession of propaganda of such an organization, allowing one’s property to be used by a terrorist organization or its members, or identification with such an organization by flying its flag, displaying its symbols, shouting its slogans or singing its hymns.
The “government, by notice in the Official Gazette” is empowered to “declare that a particular body of persons is a terrorist organization.” According to the law, that notice “shall serve in any legal proceeding, as proof that the body of persons is a terrorist organization, unless the contrary is proved.” Thus, the executive branch is empowered to declare at any time, about any organization, based on its own discretion and without debate, that the organization is a “terrorist organization.” This authority, not based on express legislation, is incompatible with the rule of law.
The Prevention of Terrorism Ordinance – 1948 has never been used to declare an Arab association in Israel illegal. Rather, the State used the Emergency (Defense) Regulations (1945) in order to outlaw Arab associations. The Prevention of Terrorism Ordinance has been used against individual Arab citizens of Israel, such as MK Dr. Azmi Bishara in 2001, and Jewish organizations in Israel, such as the Lehi (which was led by former Prime Minister Menachim Begin prior to the establishment of the state), and the racist “Kach” and the “Kahane Chai” movements led by Rabbi Meir Kahane.
The Law for the Prohibition of Terror Funding - 2005
In 2005, Israel passed a new law entitled “The Law for the Prohibition of Terror Funding.” This law criminalizes all humanitarian aid or assistance to the Palestinians in the OPTs.Article 8 of this Law provides that any action taken in property used to facilitate or promote or to fund terror acts or to compensate for these acts or to fund the activities of a terror organization is a crime punishable by ten years in prison. The Law provides that “to compensate for terror acts” includes the situation in which the recipient of the funds did not commit any terror act nor did he intend to do so. Under the Law, an individual or association which sent funds, directly or indirectly, to any group designated as a terror organization or to its supporters, even when this money was not used to commit a terror act nor was it intended to be used for that purpose, could be criminalized. For instance, in the case of Sheikh Raed Salah, in which Islamic associations sent funds to poor families in Gaza intended for humanitarian aid, and even though this money was not used or intended to be used for terror acts, the state could sustain a criminal charge on the basis that the individuals and associations should “foresee” that this money could finance a terror organization just because the recipients of the funds belong to Hamas or Islamic Jihad or any other Palestinian organizations declared as terror organizations by the Israeli government.
Both, the Prevention of Terrorism Ordinance – 1948and the new Law for the Prohibition of Terror Funding – 2005 have in common the fact that an individual or an association may not receive funds or send funds, even in situations that have nothing to do with security concerns.
1. What is the extent of the freedom of members to draft and amend their own statutes and by-laws and to determine their own object? (are such documents imposed? to what extent?)
The Law of Associations – 1980 requires each association to have internal regulations. Under Article 10, if an association does not have or did not decide upon its internal regulations, the model rules of association, which is a part of the Law of Associations – 1980 (Schedule – Section 10), shall be the rules of the association.
Under Articles 11 and 12, an association has the freedom to change its objectives, its name, or all its internal regulations by a majority vote of its General Assembly members. These changes should be submitted to the Registrar and they will be valid from the day that the Registrar has declared that he accepted them.
2. How strict is the level of freedom of members to adhere to or leave associations?
Every adult is eligible to be a member of an association(Articles 15-18).
The right for resignation is also guaranteed under the condition of a reasonable prior notice. Every association is entitled to decide upon its own rules for the admission, resignation and exclusion of members. The resignation of a member requires only reasonable prior notice and exclusion can only be decided for reasons detailed in the internal regulations and the member must be given the opportunity to be heard.
3. Are there any interference in the corporate bodies: e.g. attendance of meetings (Board, General assemblies) by “supervisors”?
Article 19 of the Law of Associations (1980) states that each association shall have three institutions or governing bodies: a General Assembly, a Board of Directors, and a Control Committee, and it may have additional institutions as provided in its internal regulations. Provisions of articles 32-34 set forth responsibilities and authorities of these governing bodies, as well as rules regarding conflicts of interest. Thus, the Law sets forth detailed requirements regarding the structure of NGOs.
4. Are there any restrictions (legal or de-facto) promoting, limiting or banning participation of women in associational offices (e.g. Board).
No
2. Are there any interference in the freedom of associations to decide on projects and activities? If yes, how and why?
See Part 5: Control, transparency
3. Is the association’s right to freely assemble or organize private and public meetings, move freely (including international travel) restricted in any way?
No
4. Are associations subject to specific limitation on their right to freely communicate (e.g. access to media, publish and develop internet sites)?
No
5. Is the freedom of associations to cooperate and network with others limited (both domestic and international)?
No
6. Is the participation of associations sought for opinion or participation in deciding on public interest issues? What is the nature and level of such consultations?
No
1. Are there specific limitations on receiving foreign funds?
Numerous bills have been introduced in the Knesset (Israeli Parliament) over the years seeking to ban or greatly restrict NGOs from receiving foreign funds. Proponents of these bills argue that greater requirements on NGOs which receive funding from abroad are required for purposes of transparency and accountability. None of these bills have been enacted into law.
2. Do associations benefit from tax benefits? Under what conditions?
Under the Income Tax Ordinance, "public institutions" are granted some exemption from taxes on income. There are six criteria that an organization must meet to qualify for tax exemption: “(1) The organization does not have to be an association, but must consist of a collection of people; (2) There must be at least seven members; (3) The majority of the members may not be related to each other; (4) The organization must have a public aim; (5) The income and resources of the organization must be used in pursuit of the public aim; and (6) The organization must provide annual reports detailing its expenditures, resources, and income to assure compliance with its public aims.”
"Public aim" has been defined broadly to include activities related to religion, culture, education, science, health, welfare, and sport, as well as any other public aim approved by the Minister of Finance.
NGOs are required to pay Value Added Tax (15.5%) under the VAT Law of 1975 for supplies and other services purchased. However, the VAT Law provides that organizations engaging in non-commercial business are exempt from paying value added tax ("VAT") on income. In order for an organization to be exempt from VAT, it: “(1) Must be an association of people, but not necessarily incorporated; (2) Must not engage in for-profit business activities; and (3) Must not be a financial institution.” The VAT Law requires NGOs to pay a payroll tax (Wage Tax), in addition to the Employer Tax (4%) which is imposed only upon NGOs.
The Income Tax Ordinance provides donors with a tax credit for donations to public institutions. To qualify for such an allowance, the following conditions must be met: “(1) The organization must satisfy the Income Tax Ordinance definition of a “public institution;" and (2) The organization must be approved by the Finance Committee of the Knesset”. Individual donors may receive a 35% tax credit for contributions to certified NGOs exceeding 370 NIS but not greater than NIS 4,000,000 or up to 30% of one’s total tax. A very small number of organizations possess this status, and thus, the tax laws are a disincentive to individuals to contribute to NGOs.8
Research by the Mossawa Center (Advocacy Center for Arab Citizens of Israel) found that the budget for governmental support approaches NIS 2.5 billion (almost US $600 million) annually, yet an extremely negligible amount of this sum reaches Arab NGOs. Mossawa asserts that the Social Affairs Ministry allocates less than 1.2% of its support budget to Arab NGOs. The Health Ministry allocated only 0.6% of its support budget to Arab NGOs in 2003 and 1.5% in 2005. Arab NGOs received 0.5% of the Justice Ministry’s Inheritance Fund. According to Mossawa, dozens of criteria exist to determine the allocation of funding, which blatantly discriminate against Arab NGOs.9 Most Arab NGOs in Israel rely entirely on foreign funding and individual donors for their activities.10
3. Are public funds made available to associations? How? Are these processes prone to discrimination?
Public funds are made available to associations. However, the Registrar of Associations created a new procedure and requirement in 1999, which is not enumerated in the Law of Associations – 1980, that applies specifically to associations that wish to receive state funds for their activities or some tax exemptions. This procedure allows the Registrar to thoroughly examine the financial expenditures of associations in order to issue a “certificate of good governance” without which an association may not receive public funds. There are no clear, objective criteria for obtaining a certificate of good governance or accompanying laws articulating the Registrar’s powers. Thus, an association is dependent upon the Registrar in order to obtain this certificate. Oftentimes, it is a lengthy process for an association to obtain the certificate, and there is no time limit on this procedure.
The website of the Registrar of Associations notes the following statistics for 2005 concerning certificates of good governance: 2,500 associations underwent a regular examination; 767 associations underwent a deep examination; 7,832 associations received the certificate after a long process; and 1,942 associations were denied the certificate.11
1. What are the supervisory authorities that oversee associations (e.g. courts, ministries, independent bodies, security apparatus)? How consistent are the activities of these authorities with the principles of freedom
Article 38A of the Law of Associations (1980) (as amended 1996) concerns the submission of a range of documents pertaining to the functioning of the organizations and its governing bodies such as “a copy of the financial report together with the recommendations of the Control Committee or auditor … together with his certificate and comments” and “a protocol of the General Assembly to dissolve the association and its decision to nominate a liquidator.” Article 38A (a) (amendment 1999) states that the association must give the Registrar, based on his request and during a period that he will decide, every document or additional information, that he finds relevant to request in order to clarify details mentioned in the audited financial report submitted to him (emphasis added).
These provisions give the State, through the Registrar, control over the substance of the work of associations and severely damage their independence. Based on these provisions, the Registrar may ask about any activity undertaken by the association. Moreover, under Article 39 (b), “documents submitted to the Registrar under articles 2, 10 or 38 shall be open for inspection at [the Registrar’s office] by any person.” With these controls, the independence of NGOs may be severely compromised, especially in a divided society in which there are harsh violations of human rights.
The Law of Associations – 1980 (article 40) gives additional power to the Registrar to open an investigation to inquire into the management of the association, its functioning based on the law, and its financial activities. The investigator, who will be nominated by the Registrar, has the authority to ask any questions; to order witnesses from within and outside of the association, to testify before him; and to take and review any document which belongs directly or indirectly to the association.
The Registrar’s power to order an investigation of this scope and magnitude has many negative effects on the independence of the NGOs:
A. By exercising this power, the state may obtain access to all decisions and the personnel and members responsible for the decisions of the association. This is a very significant matter for human rights organizations which try to keep distance in their relationship with the state in order to criticize violations of human rights committed by the state.
B. The investigatory process, which may take a very long time, could completely paralyze the activities of the association.
C. The fact that the Registrar possesses such power might create a chilling effect among some NGOs and cause them to compromise their independence by limiting their critical speech against state authorities due to fear of investigation.
Article 40 explains the situations in which the Registrar may use this power. Article 40 (b) provides an exception in the case of an association in which the objectives are religious. In these instances, the Registrar must consult with the General Director of the Ministry of Religious Affairs. Usually, this Ministry is controlled by Jewish religious parties. Thus, religious NGOs, which mainly belong to Jewish religious groups, are afforded more privileges under the law than others NGOs. Note that many Jewish religious associations receive substantial financial support from the state. There is no justification for affording this privilege to religious associations.
Article 41 (a) authorizes the Registrar to impose all or some of the costs of the investigation on the association, on the members of the Board or on the applicants for the investigation.
Article 41 (b) provides that the association may appeal the Registrar’s decision to the Interior Minister, within 14 days after the day on which notice of the decision was given. The result of an investigation might be severe including, pursuant to Article 49 (3), the dissolution of the association by the District Court based on the recommendation of the investigator.
In August 2002, the Registrar of Associations announced in the media and later by official notice to the organization that he intended to appoint an investigator into Adalah’s activities. Around the time that the investigation was launched, Adalah was litigating several high-profile cases. In particular, Adalah had recently filed numerous petitions before the Supreme Court challenging the Israeli army’s heavy military invasions of Palestinian cities in the OPTs; had represented Sheikh Ra’ed Salah, the head of the Islamic Movement in Israel, who was banned from leaving Israel for a period of six months based on “secret evidence”; and was also defending Member of Knesset Dr. Azmi Bishara, the head of the National Democratic Assembly – Balad party, on criminal charges stemming from political speeches he made criticizing Israeli government policy in South Lebanon and in the OPTs as well as for assisting in organizing a much-publicized series of visits by Arab citizens of Israel to Syria to meet with their refugee relatives. In July 2002, Adalah’s offices were burglarized and some computers were removed. No one was ever charged or indicted for the break-in. In September 2002, Adalah submitted an appeal to the Interior Minister arguing that the Registrar’s conduct, as well as his three claims, clearly point to the fact that his decision was arbitrary, illegal, discriminatory, and politically-motivated. On 7 February 2004, the Interior Minister accepted Adalah’s appeal. In the decision, the Interior Minister stated that: “in accordance with the opinion of the Legal Advisor of the Interior Ministry, the arguments of the organization (Adalah) as to its goals, including the funds received from the Galilee Society, are all accepted.”
2. Are accounts and other information transparently available to the public?
No
3. What penalties (e.g. criminal, fines, etc) and harassment measures are applied in cases of violations?
According to article 64 of Law of Associations, 1980“An association which contravenes any of the provisions of articles 18, 23, 29, 35, and 38, and every person responsible for the contravention shall be liable to a fine of NIS 1,000” (around US $250).
Article 64 also provides that a member of an association or a staff member, a member of the Control Committee or the auditor, who does any following, may be sentenced for three years in prison: (1) provides a false answer or false information to a question which he was asked pursuant to this law; and (2) continues to act on behalf of the association in order to commit a fraud when the association is under a dissolution order.
This provision criminalizes individuals and the association for two kinds of offences: one which belongs to the category of fraud (individual responsibility) and the other, which has an administrative character and carries the punishment of a fine against the association and the individual who was liable for the omission. The administrative offences belong mostly to the duties that the association must perform vis-à-vis the Registrar (e.g., failure to submit a financial report, failure to hold the annual GA meeting or failure to carry out the orders of the investigator or the liquidator).
Article 65 permits the Interior Minister, with the approval of the Knesset Constitution, Law and Justice Committee to exempt specific categories of associations from provisions of the Law of Associations – 1980. The Interior Minister is also authorized with the implementation of this law and may set forth, pursuant to Article 66, regulations on any matter relating to the law’s implementation including fees payable for acts by the Registrar. The Justice Minister may make any procedural regulations for court proceedings under this Law.
Read the recommendations
[1]ADALAH - The Legal Center for Arab Minority Rights in Israel, Arab Association for Human Rights (HRA), B'Tselem, Public Committee Against Torture in Israel (PCATI), ACRI, Physicians for Human Rights, Association for civil rights in Israel. Back to text
[2] Ibid. The website of the Registrar of Associations does not provide any data of this type. See http://www.justice.gov.il/MOJHeb/RashamAmutot (Hebrew). Back to text
[5] (High Court) H.C. 73/53, Kol Ha’am Ltd. v. Minister of Interior, 7 P.D. 871. Back to text
[6] H.C. 241/60, Kardosh v. The Registrar of Companies, 15 P.D. 1151. Back to text
[9] Jack Khoury, “Gov’t funding for nonprofits to be assessed for anti-Arab discrimination,” Haaretz English Edition, 26 January 2007. Back to text
[10] See Ittijah: Union of Arab Community-Based Organizations: http://www.ittijah.org/inside/ngos.html Back to text
Rina Rosenberg
"the Israeli Law of Associations gives great power to the Registrar to intervene in the work, finances and decisions of the associations..." Read the interview
