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  • Examples: Impacts of the Material Support Prohibition on Peacebuilding | Charity & Security Network
    local farmers to grow and market their crops with a sense of security This agreement has led to a greater sense of security and much improved economic activity in the area The mayor set up his own social integration program for rebels who wanted to lay down their arms and access government services Although the ultimate goal of a recognized peace agreement has not yet been reached communities are no longer labeled and punished as terrorist strongholds open confrontations have been greatly reduced and military commanders report that NPA rebels in their area have returned to the fold of the law AFSC hoped to replicate this successful model and met with the people involved about their desire to build on and also disseminate their experience of grassroots work with armed actors AFSC considered supporting travel for the main actors to come to Cambodia to discuss the process and strategize over next steps But the plan never went forward AFSC would have been in violation of the material support law because the CPP NPA is on the U S list of terrorist organizations Nepal With the United States Agency for International Development s USAID strong support the Peace Appeal Foundation helped establish the Nepal Transitions to Peace Initiative This provided a forum allowing representatives of Nepal s political parties to discuss issues related to resolving Nepal s two decade old violent conflict The talks ultimately included the Unified Communist Party of Nepal Maoist a U S Specially Designated Global Terrorists since October 2003 Because the Maoist group is on the U S terrorist list both the U S embassy and USAID staff were uncertain about whether funding could be used to support travel of Nepalese and foreign advisors to New Delhi to vital confidential talks with Maoist representatives Before authorizing each trip the embassy had to cable Washington for clearance allowing project funds to be used In one instance this clearance came in time to provide financial support to the trip In another instance it did not so that the senior technical advisor s trip to join a critical interlocutor with the Maoists was cancelled As a result the Nepalese interlocutor found himself calling the senior technical advisor by cell phone throughout the discussions in New Delhi which detracted from the potential effectiveness of this rare opportunity Palestinian Territories In 2006 a deputy minister in the Palestinian Ministry of Religious Affairs asked the United States Institute of Peace USIP for help in training religious school teachers on non violence and religious pluralism USIP did not pursue the project because it quickly became apparent that it would require working with individuals with ties to Hamas which is on the U S terrorist list An opportunity to help reduce Hamas belligerence was lost In 2010 the South African government asked the United States Institute of Peace USIP to help it facilitate a meeting between leaders of Hamas and Fatah and former Israeli generals officials but USIP could not participate because of the material

    Original URL path: http://www.charityandsecurity.org/background/Examples_Impacts_Material_Support_Prohibition_on_Peacebuilding (2016-02-16)
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  • Audio File: Prof. David Cole Explains Why HLP Ruling Hurts Conflict Resolution Work
    Association for Conflict Resolution 3 sponsored the teleconference call The Supreme Court s decision in Holder v Humanitarian Law Project 4 preserved key provisions of the Patriot Act and states that the government has the authority to criminalize material support to terrorist organizations including any service training expert advice or assistance or personnel Under the law individuals face up to 15 years in prison for providing material support to foreign

    Original URL path: http://www.charityandsecurity.org/print/411 (2016-02-16)
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  • Send by email | Charity & Security Network
    sensitive Switch 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

    Original URL path: http://www.charityandsecurity.org/printmail/411 (2016-02-16)
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  • Panel of Experts Reviews Need for Action to Fulfill Obama's Cairo Commitment
    said they have failed to define these terms and provided no supporting evidence of this claim Buchanan also criticized Treasury s Voluntary Anti Terrorist Financing Guidelines for U S Charities 2 He called them counterproductive and ineffective He noted that leaders in the nonprofit sector have repeatedly called for their withdrawal and replacement with the Principles of International Charity 3 a document published in 2005 by a group of experts from the charitable sector Ellen D Willmott Deputy General Counsel for Save the Children USA 4 described the real world consequences from restrictive and punitive counterterrorism measures Willmott said by the material support laws force humanitarian workers in Gaza to limit who receives aid for basic essential items such as food clean water and educational materials to children She said this violates humanitarian principles of non discrimination As a result organizations like hers provide resources to a limited number of children in private schools but are unable to respond to the needs of children in public schools Stephen I Vladeck a law professor at American University Washington College of Law and nationally recognized expert on the role of the federal courts in the war on terrorism provided an analysis of several legal cases and ruling that impact the charitable work He explained how rulings in the KindHearts case that Fourth and Fifth Amendment rights of the charity were violated 5 and the eventual decision from the Supreme Court case Holder v Humanitarian Law Project 6 could favorably impact the work of charitable groups Sahar Aziz a civil rights attorney offered a series of model reforms for aligning counterterrorism measures with fundamental humanitarian principles Highlighted principles to guide reforms 7 Aziz emphasized the importance of putting the humanitarian imperative first and that human rights and security laws can be complementary Kay

    Original URL path: http://www.charityandsecurity.org/print/368 (2016-02-16)
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  • Analysis: 2006 Treasury Dept. Voluntary Anti-Terrorist Financing Guidelines | Charity & Security Network
    the statement on safeguarding relationships with communities since our revision captures the meaning of this principle Part III V Governance Accountability and Transparency Financial Accountability and Transparency and Program Verification Treasury has reorganized Parts III V and given them new titles In general these sections address governance and transparency and are outside the expertise of the Office of Foreign Assets Control a division of the Treasury Department They are not relevant to the goal of preventing diversion of funds to terrorists and are likely to create confusion for nonprofits who already must comply with Internal Revenue Service IRS state and local regulations This is one reason nonprofits called on Treasury to withdraw the Guidelines Although they have not done so some positive changes were made in these sections These include Deletion of the recommendation regarding the number of board members This is a positive step toward limiting the Guidelines substance to address their intended purpose and not overlap federal and state charity regulation Deletion of a requirement to turn over records to government without a subpoena or other legal process The new language limits release of records to situations where subpoenas or other legal process has been served Changes the definition of key employees to be consistent with IRS definitions used for Form 990 Defines subsidiaries and affiliates as organizations that are subject to the general supervision or control of a parent or central organization This is similar to the definition in IRS Form 990 Continuing problems with these sections include Increased information collection including Social Security numbers of board members Maintained the recommendation of independent audits for organizations with budgets of 250 000 or more mistakenly citing Independent Sector s Panel on the Nonprofit Sector recommendations Use of term grantee instead of recipient still fails to distinguish between an organization receiving a grant and an individual receiving a charitable service or benefit Suggests public reporting practices for fundraising that exceed or contradict state and local solicitation regulations Part VI Anti Terrorist Financing Best Practices This section encourages charities to apply a risk based approach particularly with respect to engagement with foreign grantees but does not explain what factors indicate increased risk In addition it does not distinguish between foundation grants to charities and charitable aid provided to individuals The preface continues to cover both financial and in kind resources It was expanded to include the following statement these suggested steps are voluntary The purpose of these steps is to enable charities to better protect themselves from the risk of terrorist abuse and to facilitate compliance with U S laws statutes and regulations with which all U S persons including U S charities must comply Depending upon the risk profile of an individual charitable organization adopting all of these steps may not be applicable or appropriate When taking these steps charities should apply a risk based approach particularly with respect to engagement with foreign grantees due to the increased risks associated with overseas charitable activity Despite this reference to the

    Original URL path: http://www.charityandsecurity.org/analysis/2006_Treasury_Guidelines (2016-02-16)
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  • KindHearts Ruling Exposed Treasury Department's Unconstitutional Freezing of Muslim Charity Assets | Charity & Security Network
    For many such non profits mere investigation by the Department of Treasury s Office for Asset Control OFAC into their humanitarian activities abroad has become a kiss of death Under the USA PATRIOT Act Treasury s authority to designate organizations suspected of supporting terrorism as Specially Designated Global Terrorists SDGT pursuant to Executive Order 13224 was expanded to asset blockage pending mere investigation into whether an organization meets the standards for an SDGT This authority enables OFAC to effectively shut down charities pre emptively leaving a cloud of suspicion over anyone affiliated in any way with their work e g as donors staff or beneficiaries Hence the ultimate question of whether a particular charity actually supports terrorism quickly becomes a moot point Ms Aziz s full comments are available here 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

    Original URL path: http://www.charityandsecurity.org/blog/KindHearts_Ruling_Exposed_Treasury_ (2016-02-16)
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  • Update: Broad Coalition of Nonprofits Asks Obama to Put Humanitarian Imperative First in Fixing Problems for Charities | Charity & Security Network
    asking him to fulfill the commitment made in his June 2009 speech in Cairo to address problems current national security laws create for charitable giving The organizations represent a broad cross section of the charitable community including grantmakers humanitarian aid and development groups peacebuilding programs human rights advocates and more The letter opens by saying Restrictions by the U S Government on charitable giving practices continue to do irreparable harm to the work of our organizations and to our nation s image abroad This harm affects individual donors grantmaking foundations operational charities and other legitimate organizations To address the issue the groups asked Obama to issue a White House directive to all federal agencies mandating revision of their current policies and practices to conform to basic humanitarian principles The letter goes on to note that Since the Reagan administration s declaration in 1984 that a hungry child knows no politics U S policy has been to provide humanitarian assistance on the basis of need without regard to political affiliation creed race or the international status of the country or territory to which a person belongs It is the Golden Rule of the American nonprofit sector as it provides humanitarian assistance all over the world We urge your administration to uphold this cherished American principle The groups asked the administration to address the following specific problems Absence of clear standards for designating charities as terrorist organizations Inadequate humanitarian exemptions to the laws banning material support to terrorists No protections for acting in good faith Absence of due process rights Indefinite freezing of assets Harassment of donors and consequent chilling effect The letter concluded by suggesting The best way to mark the anniversary of your Cairo speech is to initiate a meaningful and sustained engagement effort with the U S charitable community

    Original URL path: http://www.charityandsecurity.org/news/Broad_Coalition_Nonprofits_Asks_Obama_Humanitarian_Imperative_First (2016-02-16)
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  • Authors Highlight the Securitization of Aid and Restrictions on Nonprofits
    USAID strategy Lind said Countries like Somalia and Afghanistan have received far greater aid since the declaration of the War on Terror However Lind said his research found security plans have not had a significant shift in the allocation of aid funds overall which continue to be on education and health and not toward the reduction of poverty or addressing political grievances which often contribute to violent extremism The results of the merger between development strategy and security concerns are troubling to Lind The involvement of militaries delivering development aid has generated significant controversy surrounding the blurring of boundaries between military and civilian efforts jeopardizing the safety of aid workers According to Lind it was safer for aid agencies to operate in Afghanistan when the Taliban were ruling than it is currently Indeed 2008 was the most dangerous year ever for aid workers with more aid workers killed than UN peacekeepers Howell described the recent relationship between nonprofits and government as diminished In the 1990s nonprofits were praised by several governments for their vital role in overthrowing authoritarian regimes and establishing new democracies in Africa Latin America Europe and Asia But after 9 11 many governments growing concerns about the work and jurisdiction of nonprofits combined with expansive counterterrorism powers contributed to their reduction in scope and effectiveness Even under the Obama administration which has pledged to undo some of the damaging policies of the past administration Howell said that many counterterrorism measures CTMs are unlikely to be removed or replaced Despite some progress in removing certain elements of The War on Terror and greater resistance by some sections of civil society the counter terrorist legislation policies and practices introduced since 9 11 remain deeply entrenched Howell said These policies have had negative consequences for international development and for civil

    Original URL path: http://www.charityandsecurity.org/print/310 (2016-02-16)
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