Orna Kohn, Israel

Independent civil society NGOs play a crucial role in the defence of human rights. But governments desire to silence such NGOs, both directly and indirectly are substantial. This includes the subtle ability to use means and powers which are facially neutral. For example, governments can limit freedom of association by using administrative procedures which make it difficult to register, run or finance an organization. They can enact direct or indirect legislation, or apply the rules in a discriminatory manner. Once a NGO is established, a government can attack its reputation in order to undermine its legitimacy. These strategies are particularly easy – and particularly troubling – when the organisation is a minority rights group which challenges the hegemony of the state. This has been Adalah’s experience, both as legal counsel for a number of Arab NGOs in Israel, and as an independent human rights organisation.

Adalah (“justice”) is the first non-profit, non-sectarian Arab-run legal centre in Israel. The organisation was established in November 1996 and registered under the Israeli Law of Associations (Non-Governmental Organisations) in December 1997. Adalahs main goal is to achieve equal rights and minority rights protections for Arab citizens of Israel, who constitute close to 20% of the population.

In its work, Adalah has often represented Arab NGOs in claims against the Registrar of Associations. In general, Adalah has argued that the Registrar has exceeded his authority and abused his discretion in a range of ways, notably by holding up the registration of NGOs without clear, justifiable reasons; and intervening in the names and goals of associations, and in the composition of founding members. In many instances, the Registrar has sought to intervene in the activities and operational functioning of these organisations, exceeding the scope of his authority.

In 2002, Adalah itself became a target of the Registrar, when he announced to the media that he was considering closing the organisation on the grounds of (i) undertaking activities beyond the scope of its mandate; (ii) concerns related to financial mismanagement; and (iii) Adalah’s relationship with a leading Arab NGO which was one of its co-founders. This announcement was made to the media without first notifying Adalah, which immediately stated that the charges were baseless. He did not engage in any process of clarification with the organisation, nor did he inform Adalah of his decision prior to its public announcement. The Registrar abused his authority and harmed the reputation of a human rights organisation, without justification and without due process. Adalah appealed the Registrar’s decision to investigate to the Minister of the Interior. A year after the initial announcement, the appeal remains pending.

The substantial public support Adalah received from many local and international civil society organisations, including funding agencies, was essential in enabling Adalah to resist the attack and continue its human rights activities. The ability of such organisations to intervene quickly to support local NGOs is critical, as is the support from the UN Special Rapporteur on Human Rights Defenders and other international mechanisms. While Adalah was able to obtain and utilise this support, smaller organisations do not necessarily have the same capacity.

It is undoubtedly important, and indeed in the interest of civil society itself, to prevent financial mismanagement in this sector. However, there is a fine line between the prevention of corruption and governmental allegations thereof as a means to silence and disable its critics.