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  • Improving Access to Civilians Key To Ending Crisis | Charity & Security Network
    delivery into southern Somalia and allow conflict resolution groups to engage in open high level dialogue with Shabaab on a narrow humanitarian issue Read more Issues Humanitarian Access Material Support Financial Action Task Force FATF Financial Access Peacebuilding Countering Violent Extremism Click Here For More Issues Solutions Principles to Guide Solutions Models to Draw On Proposed Solutions News The latest headlines Resources Litigation Analysis Background Legislation Studies Reports Experts Blog

    Original URL path: http://www.charityandsecurity.org/node/650 (2016-02-16)
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  • Senate Hearing Examines How Aid Delivery to Somalia Hampered by U.S. Law | Charity & Security Network
    significant roadblocks to the humanitarian response and impeded preparedness in Somalia I suspect that those who wrote the laws did not have this sort of outcome in mind Konyndyk described the restrictions as overly broad allowing automatic humanitarian exemptions only for medical supplies and religious materials Obtaining humanitarian exemptions for anything outside of those two categories typically requires a license that is only approved after a cumbersome and lengthy interagency process He said that groups wishing to obtain an Office of Foreign Assets Control OFAC license during the last two years have found the process often politically difficult and massively time consuming The effects of these delays were evident before famine was declared in July Konyndyk said after USAID raised concerns about aid being diverted in April 2009 USAID stopped processing new humanitarian response grants to UN agencies and NGOs In the midst of a serious humanitarian crisis in much of the country numerous U S funded humanitarian response programs were suspended as grant agreements expired and could not be renewed Konyndyk said he and other aid groups were encouraged by the recent indications from the Administration that these restrictions have now been modified to allow greater support to relief efforts in the south However he raised concerns about how the new arrangement will be implemented particularly the fact that it only applies to programs that are wholly or partly funded by the US Government He recommended that the protections now extended to USAID through their OFAC license be extended in full to independent aid groups working in Somalia To avoid similar delays and red tape in the future Konyndyk called on Congress to re examine the interplay between OFAC restrictions and humanitarian aid and explore whether a more streamlined and responsive approach can be found He also suggested expanding

    Original URL path: http://www.charityandsecurity.org/news/Senate_hearing_Somalia_Aid_Hampered_US_law (2016-02-16)
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  • Sens. Kerry and Coons Seek Expedited Aid Delivery in Somalia | Charity & Security Network
    the provision of aid Specifically it should explore expanding the pool of those licensed to provide assistance in southern Somalia to include U S humanitarian groups funded by private donors or other countries While it is absolutely imperative to restrict the flow of resources to al Shabaab we must draw on all available resources as we balance security concerns with pressing humanitarian needs The full statement is available here The combined statement comes days after Sen Patrick Leahy D VT chair of the Senate Judiciary Committee wrote a letter to Secretary of State Hillary Clinton and Attorney General Eric Holder expressing deep concern that the current interpretation of the law governing material support for terrorism is prohibiting organizations from delivering essential humanitarian relief in the Horn of Africa READ U S Senators Call For Reforming Laws that Impede Humanitarian Assistance in Somalia Click here to see the latest on Somalia aid delivery on our Humanitarian Access page Issues Humanitarian Access Material Support Financial Action Task Force FATF Financial Access Peacebuilding Countering Violent Extremism Click Here For More Issues Solutions Principles to Guide Solutions Models to Draw On Proposed Solutions News The latest headlines Resources Litigation Analysis Background Legislation Studies Reports

    Original URL path: http://www.charityandsecurity.org/news/Kerry_Coons_Statement_Aid_Delivery_Somalia (2016-02-16)
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  • U.S. Anti-Terror Laws Still Holding Up Aid in Somalia | Charity & Security Network
    say that U S counterterrorism rules are still impeding the delivery of aid to the region despite recent efforts to ease those restrictions According to reports the new policy applies only to U S government agencies and their grantees The deputy administer of USAID described the legal limbo for non U S government funded NGOs as a loophole and said that an effort was underway to remedy it But Robert Laprade of CARE said You can call them loopholes but I would say they re more like gaps in our ability to do things quickly in Somalia Read more Issues Humanitarian Access Material Support Financial Action Task Force FATF Financial Access Peacebuilding Countering Violent Extremism Click Here For More Issues Solutions Principles to Guide Solutions Models to Draw On Proposed Solutions News The latest headlines Resources Litigation Analysis Background Legislation Studies Reports Experts Blog About Us Staff Contact Search form Search Stay Up To Date Subscribe Publications The Latest News C SN Joins More Than 50 Orgs in Raising Concerns About UN s Work on Preventing Violent Extremism February 8 2016 New Budget Language Intended to Rein In Partner Vetting System January 21 2016 Over 100 Nonprofits Ask FATF to

    Original URL path: http://www.charityandsecurity.org/node/623 (2016-02-16)
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  • Charity and Security Network Principles to Guide New Policies
    legitimate charities development programs grantmakers peacebuilding efforts human rights advocacy and faith based organizations The charitable mission as stated in an organization s governing documents should be protected at all times Humanitarian aid to non combatants should be legal when necessary to save lives or relieve suffering even when contacts with a listed terrorist organization are unavoidable in order to deliver such aid Aid and development programs should put the humanitarian imperative first be nondiscriminatory and free to target vulnerable populations such as children and the disabled and promote community development The efforts of peacebuilding and mediation programs contribute to a peaceful world and should be legal especially when they seek to turn terrorist organizations away from violence Human rights and security laws are complementary and not in competition with each other Security policies and rules applicable to nonprofits should be transparent fair and proportionate An action including donating to a charity or partnering with another organization that is legal at the time it is taken should never become illegal after the fact Nonprofits and their donors should not be targeted for investigation or sanctions based on their religious or political beliefs To be guilty of the crime for supporting

    Original URL path: http://www.charityandsecurity.org/print/349 (2016-02-16)
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  • Send by email | Charity & Security Network
    to audio verification Home page Issues Humanitarian Access Material Support Financial Action Task Force FATF Financial Access Peacebuilding Countering Violent Extremism Click Here For More Issues Solutions Principles to Guide Solutions Models to Draw On Proposed Solutions News The latest headlines Resources Litigation Analysis Background Legislation Studies Reports Experts Blog About Us Staff Contact Search form Search Stay Up To Date Subscribe Publications The Latest News C SN Joins More

    Original URL path: http://www.charityandsecurity.org/printmail/349 (2016-02-16)
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  • News, Editorials, and Opinions about Supreme Court’s June 21, 2010 Holder v. Humanitarian Law Project decision | Charity & Security Network
    and public policy professor at Michigan Why We Talk to Terrorists Editorials Washington Post The Supreme Court goes too far in the name of fighting terrorism Chicago Tribune How the material support law promotes terrorism USA Today Court chills free speech Lexington Herald Leader Free speech and logic under attack Commentary David Cole attorney for HLP Advocacy Is Not a Gun David Cole The Robert s Court Free Speech Problem Steve Vladeck national security terrorim legal expert Closer to Guilt by Association Mohamed Elibiary President of Freedom Justice Foundation Verdict misinterprets material support American Constitution Society ACS Supreme Court Upholds Material Support Law Against Constitutional Challenges Andy Carl Executive Director of Conciliation Resources Ending wars peacefully just got harder Nat Parry political author Court s Dual Standards on Free Speech Geoffrey R Stone Edward H Levi Distinguished Service Professor of Law at the University of Chicago Material Support and the First Amendment Jon Carrol of the San Franscico Chronicle Worried are the peacemakers Jamie Rowen of the San Franscico Chronicle Supreme Court should remember Mandela Adam Serwer of The American Prospect CENTCOM Red Team Contemplates Materially Supporting Terrorism Washington Post Letter to the Editors Irony in ban on support for terrorism U S funds reaching warlords Joanne Mariner Terrorism and Counterterrorism Program Director at Human Rights Watch Talking to Terrorists The Worst U S Supreme Court Decision of the Term Nat Hentoff is a senior fellow at the Cato Institute Court in Contempt of First Amendment Lisa Schirch Director of the 3D Security Initiative Supreme Court Ruling Impacts Peacebuilding in Afghanistan News Jurist Supreme Court upholds law criminalizing material support for terror organization The Chronicle of Philanthropy Supreme Court Decision Delivers Blow to Human Rights and Aid Groups ACLU press release Court Upholds Broad Interpretation Of Anti Terrorism Law That

    Original URL path: http://www.charityandsecurity.org/background/News_Editorials_Opinions_Supreme_Court_Holder_Humanitarian_Law_Project_decision (2016-02-16)
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  • Holder v. Humanitarian Law Project: Addressing the Impact of Material Support Laws on Peacebuilding Programs
    suit in 1998 when they wished to provide human rights and conflict resolution training to the Kurdistan Workers Party PKK and the Liberation Tigers of Tamil Eelam LTTE both designated foreign terrorist organizations by the U S HLP postponed the training pending the outcome of the case fearing criminal prosecution Represented by the Center for Constitutional Rights CCR HLP argued that the material support statute violated their First and Fifth Amendment rights In a Nov 17 2009 press release 5 David Cole an attorney representing HLP said This statute is so sweeping that it treats human rights advocates as criminal terrorists and threatens them with 15 years in prison for advocating nonviolent means to resolve disputes In our view the First Amendment does not permit the government to make advocating human rights or other lawful peaceable activity a crime simply because it is done for the benefit of or in conjunction with a group the Secretary of State has blacklisted DOJ argues in their brief 6 that the current definition of material support is a vital part of the nation s efforts to fight international terrorism Its petition to the Supreme Court said the law has been used in 120 prosecutions since 2001 resulting in 60 convictions However HLP s brief 7 said the government has made no showing that the limited injunction at issue here undermines its efforts to fight terrorism in any meaningful way Nor has it cited a single prosecution that was or would have been frustrated by the court of appeals narrow as applied ruling The Ninth Circuit ruling was limited to the HLP and the facts of its case as is the Supreme Court case Although a decision requiring more specific definitions would greatly benefit many charitable operations which can be constrained by uncertainty over

    Original URL path: http://www.charityandsecurity.org/print/288 (2016-02-16)
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