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Freedom of Association in ISRAEL |
We call upon the Israeli authorities to:
- With regard to the political, democratic and human rights situation
- Act in conformity with the provisions of the International Covenant on Civil and Political Rights and the norms and principles set forth in the other international instruments on human rights ratified by Israel, and to take into account the relevant jurisprudence of the United Nations Committee on Human Rights;
- Cancel the Emergency (Defense) Regulations [EDR] – 1945 which limit the right of association in an arbitrary way; in any case, cease using the EDR to close down NGOs without due process of law;
- Cancel the authority of the government, as provided by the Prevention of Terrorism Ordinance – 1948, to declare any organization as a “terrorist organization” without relying on clear criteria as prescribed by express legislation;
- Cancel the Law for the Prohibition of Terror Funding – 2005 it contradicts fundamental principles of criminal law (such as “intent”).
- With regard to the legislation and practice relating to civil society organizations
Formation and Incorporation
- Ensure that the refusal to register an association according to Article 4 of the Law (regarding restrictions on the name) is not based on arbitrary considerations or interference in order to give serious weight to upholding the right for association;
- Ensure that the period of time between the time of filing an application for registration of an association and the receipt of the certificate of association within a reasonable time; ensure that the Registrar of Associations should set forth regulations ensuring an easier and quicker process of registration.
Organization and Operation
- Cancel Articles 38(A) and 38(A) (a) which give the Registrar of Associations the power to obtain every document from an NGO as he deems relevant because these authorities constitute an undue intervention by the government into NGO activities;
- Cancel Article 40 which gives the Registrar of Associations the power to appoint an investigator to investigate the activities, management, functioning and finances of organizations. If an NGO is suspected of violating the law, the police must respect the criminal procedure law and the criminal law.
- Ensure the freedom of movement, corollaries of the freedom of association.
Funding and Taxation
- Cancel the requirement that NGOs pay Value Added Tax (VAT) on all purchases of supplies and services and, cancel the employer tax on employee wages which applies solely to NGO;
- Set forth clear, written standards or criteria in order to ensure equal state funding for NGOs for all sectors;
- Legislate tax laws which provide “tax-exempt” status broadly to NGOs and give tax credits to individuals and corporations who donate to these organizations in order to give more incentives for contributions to NGOs.
