Netanyahu shelves cabinet discussion on bill to limit foreign funding to NGOs
Sources in prime minister's office say Netanyahu wants to mull over the proposal after Attorney General said he could not defend the bill in High Court; Britain says bill would undermine Israel's democracy.
By Barak Ravid Tags: Benjamin Netanyahu KnessetPrime Minister Benjamin Netanyahu decided Wednesday to postpone the cabinet discussion on a bill aiming to restrict foreign funding to Israeli nongovernmental organizations, which was originally scheduled for next Sunday.
According to sources in Netanyahu's bureau, the prime minister decided to suspend the discussion following a warning by Attorney General Yehuda Weinstein, who said in a letter to Netanyahu that he would not be prepared to defend the proposed legislation in the High Court of Justice should it pass the Knesset vote.
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Benjamin Netanyahu, center, during a weekly cabinet meeting, Nov. 6, 2011. |
| Photo by: Kobi Gideon / Flash 90 |
"The prime minister wants to think over the proposal in light of the letter he received and then decide how to move forward and handle this bill," an official in Netanyahu's bureau said Wednesday.
Over the weekend, Weinstein told Netanyahu in a letter that should the bill become a law, he will be unable to defend it against petitions that would be submitted to the High Court.
"The attorney general's policy is to refrain as much as possible from declaring laws unconstitutional, out of respect for the legislative work of the cabinet and Knesset," Weinstein wrote in a letter to Prime Minister Benjamin Netanyahu this weekend explaining his unusual decision.
"But in light of the blatancy of the case before us, deviating from this policy is justified. What this means is that if these bills become law, I won't be able to defend them against the petitions that will be submitted to the High Court. That is what I intend to tell the Knesset, and afterward the Supreme Court."
The two bills in question were submitted by MKs Ofir Akunis (Likud) and Faina Kirshenbaum (Yisrael Beiteinu ). Both are disproportionate and unconstitutional, Weinstein said.
"They deal a harsh blow to a long list of constitutional rights, including freedom of expression, freedom of association and the right to equality," he wrote. "Instead of enabling open discussion in an efficient 'marketplace of ideas,' they try to suppress speech. They put Israel on a par with the handful of countries that have taken similar steps, and I doubt the State of Israel should be jealous of these regimes and act like them."
In international forums, he noted, Israeli representatives boast of the country's active civil society and human rights organizations, as these are essential elements of a democratic state. "It's true that these organizations' activities don't always accord with the Israeli government's positions. But they are an important voice that shouldn't be silenced."
Meanwhile, British Foreign Secretary William Hague rejected the proposals in Israel to limit foreign funding to NGOs, saying such a law would be a blow to U.K.-funded projects.
“Britain is deeply concerned by proposals to pass legislation in the Israeli Knesset that would limit foreign funding of NGOs," said Hague.
"This would have a serious impact on projects funded from the U.K. and elsewhere to support universal rights and values and would be seen as undermining the democratic principles the Israeli state is founded on. While the passing of legislation is a matter for the Israeli Knesset, we strongly call upon all involved to reconsider this move and for the Israeli Government to make clear its own opposition to it."
The bills in question were both approved by the Ministerial Committee for Legislation, but four ministers then appealed this decision to the full cabinet. Soon afterward, Netanyahu decided to freeze the bills, so the cabinet has yet to consider them. That means the Knesset also can't vote on them.
Last week, therefore, Akunis and Kirshenbaum decided to shelve those bills and submit a new, joint proposal. The new bill would ban foreign governments from donating any money to NGOs that support indicting Israeli soldiers and officials in international courts or encourage soldiers to refuse to serve. Other NGOs could accept donations from foreign governments, but the money would be taxed at a rate of 45 percent, unless either they are also funded by the Israeli government, or the finance minister and the Knesset Finance Committee exempt them.
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It doesn't ban groups existing or allowing them to accept donations from foreign governments it just controls it though. How can you have a democracy where a foreign government is allowed to buy their way into Israeli politics in an attempt to change government policy through funding political groups? Everybody here loves criticizing AIPAC because their influence in US policy through lobbying, but how many people here that object to a domestic NGO ( which is what APIPAC is ) but are quite happy for a foreign government to attempt to do exactly the same thing, using money to try and influence government policy. The US has a very tough law which bans the funding of any group by a foreign government but nobody has ever called that an undemocratic country as a result have they? The new watered down version is even harder to justifiably object to as that discriminates the different types of group and different rules apply to each one. (1) Medical & educational charities ( the humanist ones ) they are not affected (2) . Political movements are hardly there to helping the sick and needy, these groups exist to try and influence government policy and nothing else. Under the new watered down version of the bill they can even continue getting their money from foreign governments they just have to pay tax on it which seems fair. (3) why should governments be allowed to give money to radical political movements like those who encourage draft dodging? These groups are still allowed to exist and raise money, nobody is closing them down just forbidding them from accepting any donations from foreign governments. Putting aside personal opinions or Bibi's motives for this bill, if your able to take a step back and look at this bill objectively can somebody explain to me how its undemocratic? I am being serious here if anybody else can be serious and look at this bill objectively explain where its undemocratic. As for William Hague not only does he say it would be a blow to UK funded projects ( basically saying we have an ulterior motive for objecting to this bill which has nothing to do with Israel ) but he also is a member of a party thats trying to pull the UK out of the European Convention on Human Rights. Here is a senior cabinet minister preaching human rights when the government he is part of is trying to pull out of a human rights bill its already signed up to.
He has stood up to the anti-democratic forces in the Netanyahu regime and won a victory. The previous attorney-general, Menahem Mazuz, also acted bravely in indicting former President Moshe Katzav for rape. Katzav is now in jail. The Israeli justice system has so far maintained its independence successfully. Let us hope this continues.
Thge one has to do with his political survival; the other has to do with the survival of his children - and the State of Israel. If Netanyah sees that effective sanctions aren't being applied on Iran, or that they aren't working, he will attack, no matter what the US and the EU think or say.
Or do I need to ask?
every day.
Netanyahu is a creature of pressure, and this is the kind of pressure he is sensitive to. The strange law that exempts from taxes only NGO's that the Israeli government supports (an obviously political test, bnecause a different government may support other NGOs) should be changed to exempt , at the very least, NGOs supported by friendly governments and organizations.
that means sanctions would work on israel. time to sanction this regime!