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Some Thoughts on Israel’s Problematic New NGO Law

When a group like NGO Monitor — which has spent years fighting for more transparency and less bias from human rights groups — comes out against a law that will supposedly make NGOs more transparent, you know there’s a problem.

I spoke with NGO Monitor’s director, Gerald Steinberg, this morning, who elaborated more on his Jerusalem Post column from last week. The column — worth reading in full here — outlined his concerns about the Knesset’s recent creation of a committee that will investigate the funding of NGOs involved in the anti-Israel delegitimization movement.

One of Steinberg’s main issues with the law is that it politicized the very important matter of foreign NGO funding.

“What happened in the Knesset was that one party [Israel Beiteinu] chose to make this part of their partisan political agenda,” said Steinberg. “And instead of building the coalition for dealing with this issue, they basically alienated potential partners by attacking them.”

Steinberg is also concerned that the proponents of the bill used inaccurate information in an effort to push the law through. One of the bill’s supporters at the Knesset “talked about Arab government and terrorist-funded organizations. And [Avigdor] Lieberman talked about the claim that these organizations were active in supporting terror, and that claim has not been substantiated,” said Steinberg.

While it’s certainly possible that some of these groups are funded by Arab governments or terror groups, NGO Monitor hasn’t yet found evidence of this. But the group has found substantial evidence of European governments funding anti-Israel NGOs.

“If this ends up letting the European governments off the hook, then it will have been counterproductive,” said Steinberg. “What I’m concerned about is, through the focus on the investigation and the claims of McCarthyism, that these organizations that don’t want to have the transparency extended to their European funding will succeed in diverting the focus.”

And besides that, there is some reason to believe that the committee won’t even have the subpoena powers necessary to carry on any practical type of investigation. “I don’t think that a Knesset committee or investigation is the best vehicle to deal with this issue either,” said Steinberg, who believes the issue might be best left to government offices that can produce reports on NGO funding.

Steinberg is also concerned that the NGO law will make it more difficult to get more practical legislation through the Knesset. “There are a couple of other legislative processes going on in the Knesset. And the law that would require full transparency, like the FARA law — that’s a bipartisan bill that has been working its way through the Knesset,” he said. “And in many ways, this new initiative by [Danny] Ayalon potentially undermines the very narrow FARA-type legislation that does have much broader support.”

The NGO law has been extremely controversial since it passed, with critics alleging that it targets groups based on political ideology. But based on NGO Monitor’s assessment, there are even more serious reasons to oppose the plan. It would create a powerless investigative body that serves only to undermine support for useful legislation, make martyrs out of anti-Israel NGOs, and obscure the troubling reality of Europe’s financial contributions to the Israel delegitimization movement. For anyone who cares about NGO accountability, this is a lose-lose situation.


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