A/HRC/34/70
Internet communications and any advocacy literature and research reports. A breach of the
law could trigger fines of NIS 29,000 (approximately $7,500). News reports have estimated
that of the 27 Israeli NGOs believed to be affected by the law, 25 are human rights groups,
such as B’Tselem, the Association for Civil Rights in Israel, Breaking the Silence and Ir
Amin. The law was crafted so that it does not apply to Israeli NGOs that receive funding
from foreign private sources, a number of which have a nationalist orientation and support
many of the features of the occupation. Besides being opposed by many Israeli human
rights defenders, the legislation was criticized by the United States of America Department
of State, four major party coalitions in the European Parliament, United Nations human
rights experts and the Office of the United Nations High Commissioner for Human Rights.
The European Union stated that the NGO disclosure law undermined the values of
democracy and freedom of speech in Israel and went beyond the legitimate need for
transparency.74
55.
The Knesset has recently been considering several proposed bills, described below,
that aim to further restrict the social and political space for Israeli human rights
organizations working on issues dealing with the occupation.
56.
One bill, proposed by members of the governing coalition, would eliminate the tax
benefits for those Israeli residents who donate to any Israeli NGO that releases statements
accusing the State of Israel of committing war crimes and any institution that takes part in
calls for a boycott of the State of Israel. The Israel Democracy Institute has criticized the
proposed legislation, stating that it contains a vague definition with a clear political element
and that the question remains whether a non-profit that exposes war crimes carried out by
Israel is harming the State or safeguarding its moral character. 75
57.
The Knesset is also deliberating on a bill that would impose fees on Israeli NGOs
that receive more than 50 per cent of their funding from foreign government sources, when
such organizations apply for State documents under the Freedom of Information Act.
Currently, all NGOs are exempt from paying fees for information obtained under the Act.
The proposed statute would not only require the targeted NGOs, a large number of whom
are human rights defenders working on human rights issues related to the occupation, to
pay the application fee, but would require them to pay double the normal fee. 76
58.
In January, the Knesset approved the preliminary reading of a bill that would
empower the Minister of Education to forbid individuals or organizations from entering
schools if their human rights or political activities outside school could, in the opinion of
the Minister, “lead to Israeli soldiers’ prosecution in international courts or foreign
countries for actions carried out as part of their military duty”. The bill would criminalize
any individual or organization disobeying the Minister’s direction and appears to be
specifically aimed at Breaking the Silence. In speaking on behalf of the bill, the Minister
stated: “Breaking the Silence doesn’t only want to poison the world against us, but to
poison our children with their lying reports.”77
59.
In December 2016, a bill that would ban national service volunteers from working
on a temporary basis with Israeli organizations that receive the majority of their funding
from abroad passed its preliminary reading in the Knesset. The national service volunteer
programme enables young Israelis to work at designated institutions and organizations as
74
75
76
77
16
“After contentious debate, Knesset passes NGO law”, The Times of Israel, 12 July 2016; Barak
Ravid, “European Union: ‘NGO Law’ risks undermining Israeli democratic values”, Haaretz, 12 July
2016; “US voices concern for free speech over Israeli NGO bill”, Times of Israel, 12 July 2016.See
also www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=20177&LangID=E; and a
letter to the President of Israel from 22 human rights organizations, 19 June 2016, available from
www.acri.org.il/en/2016/06/19/dear-mr-president-from-22-human-rights-organizations/.
Jonathan Lis, “Ministers okay bill revoking tax exemptions for NGOs that accuse Israel of war
crimes,” Haaretz, 1 March 2017.
Jonathan Lis, “New Israeli bill would have left-wing NGOs pay for info from State”, Haaretz, 26
February 2017.
Raoul Wootliff, “Bill banning Breaking the Silence from schools clears initial hurdle”, Times of
Israel, 11 January 2017.
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents