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International
Bureau for Humanitarian NGOs
Bureau
International Des ONGs Humanitaires
IBH
Dr
Haytham Manna
A
scream before the kill
The
future of humanitarian and charitable associations
In
the Saudi Arabian Kingdom
President
of the International Bureau for Humanitarian NGOs
International
Bureau for Humanitarian NGOs
Eurabe
and al-Ahali
Arab
commission for human rights
2004
IBH
Hall
12, 33, rue P.V. Couturier – France
Tel&Fax:
00(33-1)47 46 19 88
IBH
Case Postal 2016
1211
Genève 2 Suisse Fax: 00(41-22)79 74 20
The
non governmental Space
Since
the beginning of civilizations, the defence concept of individuals by a social
entity has persisted independently inside and outside the dominant political
power. The aim of the social entities -in all their forms - is not to conflict
the political power but to allow individuals to participate in the political
sphere, and to reinforce humanitarian aids and solidarity’s relations.
In
Islam, this concept of defence is not considered as a simple right; it is
above all a duty since the concepts of good, charity, as well as the cultural
action are intrinsic to each individual. These concepts are not related to the
only prerogatives of the political power, in any school or schisms of Islam.
Thus,
Dr Mohammed Ben Abd Allah Elssaloumi explains it in his entitled study “The
sector of charity and the accusations of terrorism”:
“The
Muslim act of charity is essential in Islam. That is why it is neither a
secondary nor a distinct element, and far from being a wrongdoing. It cannot
be considered as an accusation from which one can be defended. As a Muslim
must bow down, prostate, and pray, he also must do good in a collective and
organised manner. In one of the Koran’s texts, the act of charity precedes
the invocation of Jihad [the struggle for God]:
“ye
who believe! bow down, prostrate yourselves, and adore your Lord;
and
do good; that ye may prosper.
And
strive in His cause as ye ought to strive, (with sincerity and under
discipline).”1
said the almighty.
In
addition to doing good, he ordered to invite others to reproduce the same act:
“Let
there arise out of you a band of people inviting to all that is good,
enjoining what is right, and forbidding what is wrong: They are the ones to
attain felicity.” 2
The
Lord has also related the obligation that is due to him by the application of
the prayer to the obligation that is due to the poor by feeding them. On this
subject, He says:
"What
led you into Hell Fire?
They
will say: "We were not of those who prayed;
Nor
were we of those who fed the indigent;”3
“Seest
thou one who denies the Judgment (to come)?
Then
such is the (man) who repulses the orphan (with harshness),
And
encourages not the feeding of the indigent.”4
1
Chapter XXII, Al-Hajj [The pilgrimage], verses 77-78
2
Chapter III, Aal-E-Imran
[The Family of Imran], verse 104
3
Chapter LXXIV, Al-Muddaththir
[The Cloaked one, The Man Wearing a Cloak], verses 42-44
4
Chapter CVII, Al-Maun [Small Kindnesses, Almsgiving, Have you Seen], verses
1-3
5
Doctor Mohammed Elssaloumi, The
sector of charity and the accusations of terrorism,EL Bayane, Saudi Arabian
Kingdom, pages 73-74
Therefore,
the importance results from the own value of this act of charity, which is
brought to the one who applies it as well as to the one whom it is applied to,
and to all what follows from it. This shows to which extent this action is a
segment of faith and rite of the Oumma [nation, community of believers]. This
action is also subdivided into an individual or collective obligation, as well
as into essential or a complementary duty. It is unacceptable to marginalise
or to give up this noble action by the individuals, the nation, the
institutions or the states since the charity forms part of their religion,
their faith, and their rites.”5
The
prophet’s tradition [Al-Sunna] requires of each Muslim, belonging or
not to the political authority, to respect this word in all life
circumstances: “do the good to the people of the good or people of the no
good, if you reach through the good those people, they deserve it, if you do
not, you deserve it [the good]”. The Wakf - religious donations of
good to the community- appeared during the first years of Islam. It became one
of the components of the right to solidarity, written in Muslim culture. The
private Wakf(s) were built in parallel of the public Wakf(s).
This has allowed the private Wakf to evolve on the margin of the
authoritative laws, in all their aspects, and to escape through history from
all forms of despotism. Moreover, in regards of Wakf, no possibility is
accepted concerning the sale or the seizure of a good under its sequestration.
Regardless
of the government’s state of power or weakness, there were always constants
concerning the right to education and health, the preservation of worship
places, and the aids brought to the most necessitous. Constants, which remain
the field of predilection of the national non-governmental institutions.
According to this aspect, schools were able to develop; hospital centres of
studies and medical care were established. Varied forms were able to see the
light under the protection and the aids of travellers, in the assistance of
the disabled and the handicapped, supporting the students, even in the field
of animals’ protection.
Hence,
the act of charity was an essential mean of knowledge’s propagation, of
struggle against the precariousness and the diseases, in the promotion of the
individual, in the consolidation of solidarity, and in strengthening its
cohesion and its national preservation. Those principles that became an
essential part of the Arab and or Islamic culture, in a sense to represent
evidences, had only suffered during some particular circumstances and limited
experiences, which by then limited their central role in the social life.
Thus,
it seemed essential to remind through this fast retrospective, that the
concept of non-governmental space existed well before the concept of the
European bourgeoisie’s civil society. Moreover, it has also constituted a
universal common denominator of all great civilizations well before
capitalism. In this sense, this concept was, through time, an element of the
society’s protection, abuse of authority, and of its deliquescence and its
absence. The occidental concept of “lights” could not be established
without the confirmation of this essential space. This space was considered as
the basic infrastructure necessary in the design of the governance’s
methods, in the guarantee of powers separation’s control, and in the
assertion of society and nation’s role, in order to ensure the minimum right
to expression for the individuals and their freedom to participate in the
public life. Quite obviously, apart from the imposed preconceptions since the
peak of what is called “humanisation” of the human society, in opposition
to any relation that can relegate the simple “herd of subjects” role.
Since
the 17th century, the concept of civil society knew the
cohesion’s intern bases and interrogated the concept of the State capable to
reduce individuals’ secular or religious problems. Thus, the contributions
of Emmanuel Kant (1724-1804) which, remains secondary in comparison to Jean
Jacques Rousseau and Thomas Hobbes’ speeches, affected to the new era stated
in the human and civil rights, the consideration that the principle of all
sovereignty is fundamentally related to the nation.
Then,
we can consider Kant as the founder of a new orientation in the relation
between the State and the society. A relation that rests on three bases that
initially impregnated the occidental culture and society in order to be
propagated, thereafter, on a worldwide level:
First
base: The consideration of the State role as being principal but not unique.
The individuals and the groups, outside the State’s circle, constitute an
inescapable part in the confection of the men’s present and future.
Second
base: There are universal values -human rights, peace, the right to auto
determination-, which are incumbent upon the international community with all
its components.
Third
base: As the states can have their own interests, common interests that the
whole humanity share can also exist.
In
France, the regression that the revolutionary State knew, after having
assassinated its revolutionists, as well as the hesitations inside the
undertaken reforms by the European countries, had
non negligible consequences in anchoring the concept of spaces freed
from the State direct authority. They also had consequences in the necessity
to bind the values and the universal ideas to a worldwide or international
republic, which base remains in equality, justice, equity, arbitration, and
sanction. Since the State does not represent the individual in all affairs, in
any time and any place, every authority needs an opposite authority, and the
base of absolutism’s reject is not only the fact of refusing to considerate
them as minors; it is above all the consequence of the faith in the exercise
based on delegation and representation.
This
association between the independent individual, the creator, and the
contractor, within a supra state-control of men’s relations, has permitted
the concept of “lights” to move beyond the State-nation’s frontiers, in
a way to put into perspective the concept of sovereignty and to attach it to a
higher end which is the Man. On this basis, it is obvious to read with
Abdullah Annadim, Jamal Eldine Al-Afghani, Ayatollah El-Mohik Enna’ini and
Abdurrahman El-Kawakibi the first signs of this universal work, in
particularly in their speeches concerning themes of the State control, the
nation’s role, the conditions of power practicing, and the society’s
capability to act outside the Khalifa ’s institution, etc. The first changes
interfered during the last decades of Ottoman Empire consecutively to
Europe’s pressures, and they were pursuit under the influence of the
liberation’s movements in their wars against the European colonialism:
however, in both cases, the society was not entirely engaged in what was
happening. When the post-colonialist Arab State took over power, it checked in
most cases the margin that the citizen could conserve during all of this
historic transitory phase. Thus, the takeover began, on the ancestral private
Wakf as well as on the recent national associations, in the objective to
expend the circle of the masses’ organizations and others. This situation
was propagated up to countries that were not yet affected by the syndrome of
the new restricted ideologies, where the political authority showed a
progressive appetite for the monopole of all public activities. The Afghani
“miracle” has probably played in the Saudi Arabian Kingdom, the basic
transitory role in the phenomenon of humanitarian and charitable associations,
since their simple local expression under the political authority’s control
and examination until it becomes a national practice in all what it means,
strongly supported in its right to existence by the State, the religious
apparatus, and by the United States of America as well. Thus it was evident
-for theological or political reasons-, that the American administration
conceives that the confrontation with the Soviet danger and the resistance to
the Afghanistan invasion requires the expansion of John Foster Dallas’
vision supported in his book “War or Peace” which, proposes to face
communism with the missions of Christianization in order to stretch out on
Islam, concerning in more particularly the Afghan experience and the Islamic
republic of the soviet union. This conversion of interests allowed the common
facilitations and the great collaboration between the United States and the
Saudi Arabia. As for the national society, it took advantage during this
period of the opportunity to express itself and to force a great margin of
action, as long as the shared goal was eventually the support brought to this
common strategy. Finally, the society during this period practiced on the free
actions and on the voluntary based organization, the mutual aid and the
solidarity outside the frontiers. Moreover, the concept of solidarity and
charitable actions was strongly consolidated in the collective consciousness.
All of that made the phenomenon of humanitarian and charitable organizations
to propagate and understand many countries in all the continents, through
actions that start acquiring help through war and finish by the construction
of schools, hospitals, and mosques.
The
secret of this success might also be the fact that the charitable and
humanitarian associations are deep-rooted in the collective conscience since
many decades. This made of the modification of laws that govern the
associations, a question of form, in comparison with the customs of the
charity’s mutual aid, of known solidarity and assistance in the Arab Muslim
history. Customs that took place in the popular culture as not only being a
necessity to fight violence, reduce misery and to ease someone’s pain, but
also as a religious obligation in the spiritual sense, which is shared by the
whole Muslim societies regardless their differences .
The
different humanitarian and charitable associations had been affected by the
rise of the authoritarian power model. They suffered from a strong regression
of the “new” states’ forms that abandoned the good customs of the Arab
society and lost interest in virtues even in those of occidental societies.
Thus, the number of national organizations has strongly regressed, in a time
record, in the entire Arab world. In parallel, the non-governmental
organizations steadily made their peaceful revolution on the worldwide level.
The prohibition struck the associations of books’ conservation and of
handicaps employment, in the pretext of being linked to the current opposing
politics or of being used by prohibited parties. In the same register,
cultural and sportive clubs were nationalized. Moreover, on the same rhythm,
each creation of any national gathering fell under the assault of laws of
exception. By necessity, the associative fact is summed up, in most Arab
countries, to what we call “the semi-official and governmental
associations”.
The
collapse of the unique party and the absolute power’s thoughts, the wars of
liberation, and the apparition of civil wars in many muslin and Arab countries
re-gave consideration and recognition of utility for humanitarian and
charitable organizations. The experience of the Palestinian Diaspora provided
a considerable support for the public Palestinian resistance in the camps
against the occupation. Thus, the national Palestinian associations have
succeeded to keep the social tissue and the national civil conscious in the
occupation’s inhuman conditions. In the same way of the Afghan drama -as we
explained it before-, it could have played a considerable role in development
of this phenomenon in the Gulf countries and the Arab peninsula. This
phenomenon has also profited from the fact that the Soviet occupation of
Afghanistan coincided with the improvement of life style, after the raise of
oil prices in the mentioned countries.
However,
if the majority of humanitarian associations, which had appeared in the Gulf,
had an Islamic aspect, they remain different in the relations that they can
maintain with the official institutions such as the instance of “al’amrou
bil’maarouf wa enehyou ani el’mounkar” [the requirement of good and
the probation of bad] in Saudi Arabia or with the Islamic political movement
or the Salafist movement. Finally, during the two recent decades, with what is
commonly called the “Jihadist” movement.
The
charitable and humanitarian organizations constitute the only organizational
structures capable of auto financing in the Arab Muslim world. This definition
allows them to constitute the hard core of the citizen rights, of the internal
peace, of the social solidarity, and to fill up the deficiency of States and
governments.
The
Islamic humanitarian organizations were strongly impregnated in work methods
of worldwide organisations and especially occidental ones. They could have
covered the regions where these latter were absent and were not impregnated of
the occidental model. Despite the presence of active elements of radical
political sensibility in the lines of some of these organizations, they could
have benefited from a conformable professionalism with the international norms
and from a strictness that limited the incidents of abuse or the bad
management of the public properties. This phenomenon was not so widespread in
the national associations’ circles, sufficiently equipped in general,
whether they are religious or secular.
However,
in the same time, it is suitable to mention it; they could not escape the
universal trap that is qualified as “repossession”. Because of the fact of
having good reputation and of the excellent confidence relation, which they
were able to establish with the society, they couldn’t escape from the lust
of many forbidden political movements just as many political systems that are
incapable to promote their ideologies, for which they could represent a way
out.
It
is certainly known that this phenomenon is widespread in the west, and that
the ministers of cooperation or of foreign affairs in the north are able to
produce, according to demand or in case of conflict, as much as needed
organizations. But the difference resides in the fact that, in the European
countries for example, where exist influential civil societies, this
phenomenon cohabits with the existence of true non governmental associations.
Whereas in northern countries, the deficiency of the civil society is
immediately foreshadowed at these charitable and humanitarian associations
whenever the partisan or governmental designs try to use or subdue them.
Despite
the noticed numerous weaknesses in the southern countries, the fact remains
that the charitable associations became a menace for the local governments, in
the same time, for the exterior interventionism, and for the occidental vision
as well for what should become the national engagement in this matter
(this latter is dependant of the occidental public opinion for its
choices). We can mention a simple example that expresses the reason and to
which limit these associations became a source of troubles: The [Palestinian]
national associations were, in their activities, constantly forced to seek the
support of occidental organizations to accuse the Israeli practices. For this
matter, many occidental organizations refused to evoke the Palestinian case
without defending the recognition of the Israeli State and its security. There
isn’t any relation who calls upon the right to auto-determination of the
Palestinian people without requiring, in the same time, the recognition of the
Israeli State and its right to dispose reliable frontiers. Whereas it is
impossible to compare between a State that enjoys all of its attributions and
a nation whose rights are confiscated. This trend was generalized to an extent
that each gratification for a Palestinian who had realised a remarkable
humanitarian work, must be followed by a gratification for an Israeli, even if
it doesn’t exist, for the same year, a notable work realised in the same
matter by an Israeli. In fear of becoming deprived from foreign financial aids
or to be detached from the northern countries, most of Palestinians accepted
this principle without arguing. Moreover, all non-governmental organizations
that receive aid from an American institution were recently forced by the
American administration to sign an engagement of non-approach from any
terrorist organization calcified by this administration. In other terms,
according to the American administration, it is unacceptable that a
non-governmental Palestinian organization contacts the Islamic resistance
movement (Hamas) to investigate on its prisoners and detainees. Whereas, at
the same time, none restriction is prescribed in the contacts with the Israeli
extremist or racist movements!
We
should constantly remind the edified positive role of the presence of
non-governmental organisms and spaces as well in the southern countries as in
the Muslim countries. Indeed, since the arrival of Arab and Islamic
associations by force, the nature of internal and external relations has
evolved, and the level of practices has considerably progressed as well. We
can observe, without any harm, that for religious restriction’s needs, the
administrative expanses are minimal in the Islamic associations, and strict
inspections are equally exercised by the society as much as by the militants
concerning all abuse. On the other hand, competitive programs are used in the
fields of research in education and health. The more and more widespread
existence of organizations descendant from southern countries and the
diversification of financial aid sources, for more independence, has
contributed in reinforcing the idea of universal civil society and drifted the
equation until it builds with the elements of thought according to the
universal imperatives and not only according to the occidental denominators.
This evolution in relations also results from the southern militants who
appropriated their institutions, who refuse any relation of obligation or of
domination, and who aspire to equitable collaborations based on mutual respect
and the necessary complementarily.
The
aggression that the Islamic or southern humanitarian organizations actually
undergo imposes a re-examination and a re-evaluation of the structure, role,
and action of these organizations. However, this requirement of neutrality of
these organizations in their own vision of the world, cannot have any meaning
since each organization in the world, has already its own program and
objectives, thus their denomination –“World doctors”, “Catholic
rescue”, “Islamic rescue”- which links the members, regroup an
ensemble of shared concepts in what concerns the world’s vision, the
definition of non-governmental organization, and of what should be the
solidarity of the international action. Then it seems impossible to interfere
in their direct quarrel and in their initial destination, no matter the
country’s origin and the reason behind their creation. In spite of their
will, the humanitarian and charitable organizations exceeded their immediate
mission that consists on helping a family, educating children, diminishing war
tragedies, and thus became the protection’s central guaranties of economic
and socio-cultural rights in the world. In this sense, far from belonging to a
partisan political program or to a government, they become the society’s
collective patrimony.
This
central exponential position as well as the internal needs and external
pressures lead to the construction of bonds between the cultural elites, the
social initiatives, and the organizations of rights’ defence, in the hope to
improve the practices on the bases of scientific studies and sociological
prospects, which would provide a critical evaluation of these experiences.
This would allow, at first, to scrutinize the structural and operational
problems in order by then, to overcome the weak points and to fulfil the
improvements.
Trying
to reduce the crisis from its head, through the “grey cells” or the non
elected government officials, leads to the permanent destruction of the
original reasons of the non governmental space in the Muslim world. This would
mean, through this type of methods, the alienation of the non-governmental
space under the bureaucratic model which led the “east block” to the State
destruction and to the disintegration of societies, and whose application in
Iraq brought to losing the set of standards of individuals independence, the
groups, and the State.
We
hurl this scream to all the Muslim countries of the world, in particularly to
the Saudi Arabian Kingdom, and to all gulf countries: there is no use of your
belonging to modernity without basis initiatives, social expressions, and
non-governmental charitable organizations. Any council appointed by the
political authorities is the obvious annihilation of the renaissance, of the
civil society, and of the fundamental liberties.
The
constriction
What
follows is not a generalization of the Soviet KGB fact, nor of the secret
services of eastern Germany (Stasi). What we are facing is a phenomenon, which
reminds us Costa Gavras’ film about Latin America (The Confession) and his
interpretation of the Arab Muslim world: the American administration sends a
group of experts to investigate into the Kuwaiti charities’ situation. This
group refrains from giving any lesson on the transparency or on the
possibility of preparing a sociological study about these associations;
however it starts a mission of security in the framework of "war against
the terrorism ". This mission aspires to denude the non-governmental
organisations, on one hand, by cutting them from their financial sources, and
on the other hand, by suspecting all their actions with or without proofs.
Below
here are presented the American enquiries entitled the "Document of
demand for the charitable and commercial institutions ", such as it was
published by the Arab-speaking London daily paper "Al Hayat"
in its edition of the 12-01-2004:
"
To help the group of experts to better understand the activities of charitable
organizations and commercial authorities in Kuwait, we shall be grateful to
you for providing the group, when it arrives to [Kuwait], with as many
documents of the specified below concerning any organization , in order to
examine them. The requested registers have to cover the last three years:
Commercial
and charitable associations and organizations:
All
the ledgers of the organization and its financier registers which contain –
not to be limited to these titles- :
the public books, the public registers, the auxiliary books and registers,
invoices and receipts of payment, the counterfoils of funds and receipts of
expenses, books and registers of sales and purchases, accounting books of
debits and credits, receipts checks of debts, receipts of sold goods amounts,
books of the received and granted loans, declarations of revenues, the
declarations of treasury and all the receipts of expenses, including the
receipts of the sums paid in cash. These receipts must contain the finance and
budget documents, which determine the sources of the organization financing,
their origins and their outlays. It is also requested to present the receipts
of the expenses that include intermediaries' use; these are of a specific
importance.
Documents
containing the organization objectives and the nature of the offered services,
its statutes and its organization chart. The organization chart must include
the structural and pyramidal specification, including the offices situated
inside and outside of the country, if it includes antennas, it must also
includes the addresses and the telephone numbers and the employees’ board
with their positions and all other information concerning the identity.
All
the financial declarations, the books of receipts and boiling of accounting
used in the preparation of the organization’s receipts or the paid taxes,
the kept copies of all paid
foreign or American taxes, including all the information and the directories
of the paid taxes.
The
detailed identities, the identity documents coming with the applications, the
receipts of payment and all other document concerning the beneficiaries from
donations, loans, expenses, or scholarships, wages and all other expenses.
These registers have to include files concerning all the aids granted to
individuals or organizations in Kuwait as well as in foreign countries such as
Afghanistan, Kenya, Somalia, Philippine and Pakistan.
The
detailed identities, and the identity documents, the checks of refund and all
other documents concerning the people in charge, the directors, the
secretaries, the employees and the advises and all the services of the
organization.
The
detailed identities, and the identity documents, and all other documents
concerning the individuals and the organisms that made the donations,
participations, bequeathed their possessions or all other material donations
to the organization. These receipts have to include information on the
activities of any group of donation managed by the organization.
Documents
relative to the accounts with financial institutions, including the banks, the
financier agents, and the stock exchange’s offices. These documents have to
include the stock-exchange statements, the receipts of deposit, the
counterfoils of checks, cancelled checks, orders of deposit of withdrawal, the
registers of dates and amounts of the deposited sums, the counterfoils of
deposited checks, the receipts of withdrawal, and the document of deposit. The
purchase of stock-exchange checks, the phone transfers, the orders of transfer
and the demands of phone transfers.
Meeting
the individuals:
In
addition to the examination of the different receipts requested above, the
group will highly appreciate the opportunity of meeting individuals who can
provide the group with information concerning the following points:
The
procedures approved by the organization for the projects’ acceptance or upon
the people who receive the charitable sums as well as on the procedures used
to pay the sums to the beneficiaries.
The
sources and the nature of donations received by the organizations during the
last three years.
The
organizations that benefited from aids during the last three years.
The
governmental people in charge of controlling the organizations and their
activities.
Registers
asked the financial institutions:
If
need is, documents can be demanded to Kuwaiti’s banks or other financial
institutions concerning an individual or an organism, it will be realized
according to the following method:
Bills
of the accounts’ savings: including the cards of signatures, books of
receipts or the registers showing the dates and the amounts of the deposited
and withdrawn sums, the interests, the orders of withdrawal and deposit, as
well as the stocks of deposit and the deposited checks, the stocks of
withdrawal, as well as the withdrawn checks.
Bills
of check accounts: including the cards of signatures, the financial
statements, the stocks of deposit, the deposited checks, the withdrawn checks,
of an account and the order forms of deposit and withdrawal.
Bills
of loans: including the inquiries
and the financial statements, the guarantees of loan, the inquiry banker on
the resources, the agreements of loans,
the mortgages, the statements of payment, contracts, emitted checks of loans
and the checks of refund, including the receipts of dates and sums with the
nature of payment (in cash or by checks) and the checks used for paying back
the loan, The set that must indicate the total value of the annual payment and
interests, the receipts of any mortgage and the books of correspondence
concerning the loan and the internal reports of the bank.
Bills
of safes of the private deposits: including contracts, registers of use and
registers of the amount of rental which indicate dates, amounts, and payment
modalities (in cash or by checks).
Deposit
bonds and certificate of stock exchange: including the demands and the means
of purchase, purchase vouchers, receipts of the amount’s recovery, the
emitted checks for its payment, settled checks for the certificate’s
purchase or any other correspondence, bills demonstrating the annual interests
paid or accumulated with the dates of payment or dates of withdrawal of the
interests and the emitted checks for the payment of the interests.
Bills
of insurance cards: including the demand of the client and his card of
signature, the inquiry on his revenues and his debts, the correspondences and
the statements of the monthly invoices and the invoices of the individual
interest, the bills of payment including dates, amounts and means of payment
(in cash or by checks) and copies, recto verso, of checks used for the
payment.
Purchase
of stock market’s checks: purchase vouchers of the stock-exchange checks
under all their forms and traveller’s check or bills of financial orders
including the register of the check or the copies of checks or the financial
orders, and the bills showing the date and the source of the check’s amount
payment, or the financial order.
Other
bills: the registers of certified checks, the phone transfers, the perception
and the letters of accreditation, checks and the financial values bought by
means of the bank, the transfers of checks of saving, accounts of
interests, and the capital showing the dates with transferred sums,
means of payment, its source, modalities and proofs of the transfer.
This
method of espionage that transforms the non-governmental organization into a
criminal organization is not applied, until we find proof to the contrary, to
the American or Israeli charitable organizations by the United States of
America. Beside that, The United States exercise all sorts of pressures on
their allies in order to force its application. Whereas this application fully
exceeds -in regards with offences against liberties, obstacles to the activity
and unjustified inspections- the Arab countries’ internal laws that we
consider firm and non democratic and which we call up to their reform.
The
American State Secretary of the justice, John Ashkroft, declared in November
2001 the registration of 46 charitable organizations on the list of
organizations and terrorist groups of, whose members will be forbidden in
United States. Thus, he created a special force in the FBI to track down the
terrorists, under the orders of the intelligence officer Steven Makrad, and he
declared:
"The
mission of this new security system and of its president is to scrutinize and
to supervise those who try to travel to the United States, who are suspected
of terrorist activities, and to forbid them from accessing the American
territory." The pursuit, the accusation, the prison or the eviction thus
threaten all those who would have returned to the United States, and against
whom it may be established any link with a "terrorist" organization
-according to determined standards- or in the case of supporting a terrorist
activity, even if they hold the "green card " which attributes to
them the permanent resident status and finally if they have any contact with
one of the numerous associations or organizations of the Muslim world.
Directives
were notified to the Gulf States and, particularly to Saudi Arabia through an
American group composed of ten people in charge belonging to the finance and
foreign affairs’ ministries and to the national security’s council, and
through other canals as well. The objective is to put an end to the activities
of the national charitable and humanitarian associations outside the Saudi
Arabian borders and to limit the charities and aids’ movements by subduing
them to the control and the direct management of the intelligence services and
the interior ministry, and to gather them in an institution under the direct
influence of the government. On this base, and after numerous secret or
unofficial negotiations during more than a year, two official representatives
of both countries had declared in a press conference that the collaboration
between both countries reached the highest degrees and that several new
offices of "the Institution of both holy places" were closed for
having suspect activities.
Indeed,
we can read the emitted directives by the Arab organism of the Saudi bank, at
the beginning of December 2003, which establish 34 indicators of the terrorism
financing, calling to the supervision and to the vigilance facing to
individuals, institutions, and owners of deposits and banking operations
designated by one of these indicators. The list hereafter, strengthened the
control of the associations and non-profit charitable institutions’
activities. Thus are the indicators such as published by the Saudi daily paper
"El Watan" in its edition of 7-12-2003:
The
accounts:
The
accounts which receive regular deposits and remain inactive in the others
time. These are accounts used as legal showcase for a non-admitted financial
use which could allow auxiliary hostile activities.
A
non-active account, containing a derisory sum but which receives suddenly a
sum or a series of sums followed by daily operations of withdrawal which
continue until the transferred sum is completely removed.
While
opening the account, the customer refuses to supply the information requested
by the financial institution and tries to decrease as much as possible the
information that he presents, or submits fallacious or hardly believed
information.
An
account for which the signatures of several persons are accredited and of
which it would seem that there is no relation between them (family or
commercial relation).
A
current account opened by an establishment or an institution, which possesses
the same address of another establishment, or an official institution having
the same person(s) accredited to sign while there would be no visible economic
or legal reason for such an arrangement.
A
current account held by a recently established constitution that knew a
movement of deposits superior to the estimated level in comparison with the
incomes of the establishment’s founders.
The
opening of several accounts by only one person, in which will be stored small
sums with their total amount, added together, is superior to the estimated
incomes of the client.
A
current account held by a legal establishment connected to the activities of
an association or a charitable institution, which the objective is associated
to claims, or demands of a terrorist organization.
A
current account held by an establishment or a non-profit charitable
association could be bounded to a terrorist organization, or in which the
financial movements seem to be bigger than the estimated level of incomes.
Deposits
and withdrawals:
The
deposits resulting from a commercial establishment and containing a set of
financial instruments considered as being usual in the activity of the
establishment (example: deposits containing a mixture of checks corresponding
to commercial payments, wages, and social insurance).
Considerable
financial withdrawals of a commercial account not usually followed by
financial actions.
Considerable
financial deposits in the account of a person or of a legal establishment when
the commercial activity of the person or of the establishment is usually made
by means of checks or other forms of payment.
A
mixture of money with other financial instruments in an account where it would
not appear that its operations are connected to the usual use of the account.
Several
operations realized in the same day and in the same agency of the financial
institution with a visible attempt to use different agents.
The
formation of deposits through several agencies of the same financial
institution or through a group of people who return to the agency at the same
time.
The
deposit and the withdrawal of a sum of money which approaches the defined
limits of the suspect operations or which require a description.
The
presentation of a sum of money not counted for an operation. And during the
calculation, the operation is noticed in decline towards an amount slightly
lower than the defined limit of the suspect operations or which require a
description.
The
deposit or the withdrawal of several financial instruments with sums which get
closer to the defined limits of the suspect operations or which require a
description and more particularly if these instruments possess numbers of the
same series.
The
electronic transfers:
The
electronic transfers of small sums in an attempt to avoid reaching the defined
sums of the suspect operations or which require a description.
The
electronic transfers through and towards a person not including information
about the source of the transfer or about the person having made the transfer
whenever the supply of information is required.
The
use of several individual and commercial accounts or the accounts of
non-profit or charitable institutions in order to collect money, and
transferring it quickly or after a short period towards beneficiaries abroad.
Transactions
of foreign stock exchange made by a person delegated by a client, followed by
electronic financial transfers towards destinations without commercial
relation with the client, or towards suspect countries.
Peculiarities
of the customer and his commercial activities:
Sums
realized by a sales department belonging to individuals of the same
establishment or the association of several persons of the same establishment
originated to suspect countries that work in subcontracting for similar
signboards of commercial establishments.
Sharing
the same address by several persons that make financial operations, in more
precisely, when the address is the same of a financial institution’s
signatory or when it does not appear that it corresponds to the declared
function office.
The
declared function regarding the operation does not correspond to the level or
the nature of the activity (example: a student or an unemployed worker who
would receive or would send a large number of financial transfers or would
withdraw daily an equal sum on the verge of daily withdrawal from several
places in a big region.
Regarding
the charitable or non-profit institutions, the financial operations that would
not fit with a logical economic purpose and in which the connection between
the indicated activity by the institution and the other parties of the
operation would not appear.
The
opening of a deposits’ safe in the name of a commercial establishment when
the commercial activity of the customer is not known or when the
justifications to use the deposits’ safe do not appear.
The
opaque conflicts following an operation identifying an identity or to make
sure of its identity (such as the country of the previous or current
residence, the country where the passport is delivered, the countries where he
went according to the passport and the documents supplied to clarify name and
date of birth).
The
operations including the modification of foreign operations followed up in a
short period by financial transfers towards suspect regions/countries (like
countries designated by the national authorities, the countries and the
regions that do not cooperate as designated by the financial workgroup, etc.).
The
follow-up of deposit operations during a short period by electronic transfers
and particularly from or towards suspect regions/countries.
A
bank account in which a great number of transfers coming in and out is
realized without appearing a commercial or economic logical reason and
particularly when this transfer are made from or towards
suspect regions/countries.
The
use of several accounts for the fund collection, and their transfer afterward
towards a small number of payees by individuals or companies and particularly
when these transfers are made from or towards suspect regions/countries.
The
client’s possession of an affiliation’s instrument or his use of
commercial financial operations containing funds resulting from suspect
regions without the evidence of logical
reasons to operate with such regions.
The
opening of accounts for financial institutions that operate in suspect
regions.
What
is the definition of suspect operations? Can the Ford Company or the J. Carter
Company follow the movements of each organism operating in the southern
countries? Is it possible to deprive a European charitable institution of
taking care of the wounded, or to ask them to fill set forms in private
hospitals that they finance? How to make the distinction between the various
victims: between a man with beard, a woman with scarf, an orphan who lost his
father in a suicidal operation, without falling in the misdemeanour of racism
or selectivity? Is it the duty of the non-governmental organisations to shift
into right political organizations, which adopt the strategies of the American
administration’s action in order to avoid becoming suspect?
In
a terrain study realized by an Arabic human rights activist for a foreign
institution, he found that only twelve non-governmental organizations of human
rights in the Arabic world could survive by their own means if the European or
American financing ended. According to this study, the tendency to the
financial dependence is reigning in the centres of human rights, which
increased the number of their employees and their expenses without preliminary
studies. These organizations would have become hostages of several foreign
considerations to the original reason of their creations.
Thanks
to studies realized by several researchers of various Arab countries under the
aegis of the “Arab Commission for human rights”, we were able to notice
that the humanitarian and charitable organizations represent, today, the only
profile capable of self-management and administrative and financial
independence. The reason of this independence resides in the fact that these
organizations benefit from financial support as well of the people behalf, and
as of the important number of rich and benefactors. Thus, they established the
only structure capable of exceeding the relations of associations towards
elevated relations between human beings, which allow the involvement of the
civil society, and allow without restrictions the better existence of
non-governmental organisation. Is the American project of the "Big Middle
East" asking, of that sort, to manufacture a civil society that
corresponds to the needs of the American administration, under its only
authority and with the only financing of its institutions? What is hence, this
model that the American administration is proposing, through the local Arabic
governments, to organize the work of the humanitarian and charitable
organizations? Does it resemble to the American and European models?
It
is clear that the next Saudi model is a laboratory with a wider operation of
assaults against non-governmental organisations in the Muslim world. No matter
how much it seems curious, the project of the statutes of "the Saudi
national Organism of aids and charities for the foreigner" is a true copy
of the Sports Union’s project in the Syrian and Iraqi States, under the
reign of the Baath political party… that was thirty years back. Indeed, in
1968, the Baath party had decided to nationalize all the sporting clubs. In
order to do this, it emitted a decision of dissolution of all the national
sporting clubs and created a union under the governmental authority to conduct
the creation of new clubs, which had to ratify names, objectives, managements,
and decided budgets. Then the logic of the unique party penetrated with its
political police and its ramifications into the sports life. The example of
what made the son of Saddam Hussein of the sports institution in Iraq,
characterizes the dangers of the authority’s monopoly in a constituent
domain of expression’s spaces, in societies where the expression is a domain
where it is necessary to give somebody an account.
It
is obviously useless to go into big analyses in order to notice that the
proposed text as well as the experts’ observations, involve a concrete
operation of killing the spirit of initiative, the quality of independence,
and the aspects, which constitute the strength of the charitable
organization’s concept. Because, the majority of benefactors who carry out
in this domain charitable works and participate in the non-governmental
action, are only doing them because they have lost confidence in all
governments. How can they continue to participate in charities, in these new
conditions, while the governmental institutions lost the confidence of the
citizen?
Our
current misfortune is that the press of Beirut (including the daily paper El
Hayat) had unanimously condemned the factories and sporting clubs‘
nationalization, and the closing of cultural clubs at the end of the seventies
in Syria, while there is practically nobody to denounce these current
impoundments and nationalizations in the Saudi Arabian Kingdom, and whereas
this new task is carried under the cover of a worldwide campaign against
terrorism which steers the first superpower followed by the frightened
politicians, the conformist media, and all of those, among researchers and
activists, who have fear of it.
Let
us be more sincere and more precise and let us say it clearly: the problem
cannot be summed up to an extremist American administration facing governments
with no slightest legitimacy. The phenomenon of non-governmental organizations
is the peaceful revolution involving, in term of secularization, the most
threats for the centres of power. Because it establishes the biggest gathering
of the organized society that considers the decentralization as one of its
progress factors, it becomes difficult to control it by any dictatorship of
money, weapons, oil or ideology. It also establishes the only field where the
abduction of the private initiatives is useless; whatever are the repressive
politics and the offences against the liberties. Moreover its motives are the
only capable to exclude the violence, to humanize the relations between
humankind, and to create a climate of tolerance and acceptance of the other,
without the presentation of this situation in its program. Therefore, even if
the purpose of the non-governmental organization consists in improving the
conditions of the needy people, in taking charge of prisoners, in
rehabilitating victims, or in distributing medicines or flour, its first
legitimacy results from its capacity to produce the scientific and
intellectual dynamics and to protect the essential transparency for its
credibility, in both of the local society and the international community. It
also establishes an excellent performer and an essential part in the
conception of the future projects, in the operations of fast transfers of
sovereignty, domination, and the local, regional, or worldwide centres of
power. Then, any dramatization or aggression against the reasons of this
experience means that we decided to stay outside the History’s arena and the
essence of our epoch.
Before
the kill
In
an article on humanitarian and charitable associations published in the daily
paper Echark El-Awsat in
its edition of the 26-10-2002, entitled “a whole combination of truths about
humanitarian and charity’s work”, it is explained in the first place, that
the fact to do good is [a right] among human rights. It thus constitutes a
right to the one who activates and gives all, as well as to the one who
receives the donation (more particularly in an epoch when the States’ rights
are flouted as much as the human rights).In the second place, great parts of
contemporary humanity are destroyed by famine and poverty, and the human duty
requires of those who have the possibility to save as much people as they can
from the claws of famine and misery. In the third place, charity is an
essential source of good and humanism, and one of the important religious
sources of the Islam. Among the essential theological proofs of this role is
that one of the loss’s reasons in the beyond realm, is the renunciation to
the prayer and to feed the necessitous. In the fourth place, the author
considers that this task constitutes the symbol of our civilization’s
renaissance which links our present and our past, and allows the past heritage
to become the base of a human civilization which would shine in the present
and in the future. So the author gives several arguments until he quotes, the
seventh point, where he shows the humanitarian and charitable action as being
opposite to the anarchy or the arbitrary power, and that this truth imposes -
because of the working logic - [an architecture of the charitable action].
Thus an architecture, accuracy and maturity are demanded, excluding any
cancellation and any rejection. Because rejection of the charitable action
aims [to reject the reasons which urge the people to do good], it would be far
from representing a mature task and would be anyhow unrealizable.
This
conclusion is probably the first and the most important lesson that the
defenders of the security solution in FBI and inside the kingdom of Saudi
Arabia ignore, because there is no charitable action without pollutants or
errors. The whole world still remembers how the League against the cancer in
France, almost disappeared a decade ago because of its president’s
embezzlement and bad management, while it was one of the most powerful
charitable associations. One’s bad management or the infiltration of many
ill-intentioned persons cannot lead to the stopping of an action which aims
huge domains in the society. In France, the director was judged, new elections
took place for a new executive board with a new director, and the association
was able to live again, and pursue its mission of public utility. The prompt
dissolution of all the associations and the implementation of an official
authority to defend itself and to obtain the good graces, and the title of
good student on behalf of United States is nonsense. Isn’t it dramatic that
an American person in charge congratulates himself for detaining more than six
hundred prisoners are in the Saudi prisons (without justification)? That the
American politicians remain silent about the fact that the symbols of the
peaceful constitutional reform, Dr Abdullah Al-hamed and the Dr Matrouk
Al-faleh and the poet Ali Eddimini remain held without judgment and without
apparent reason? It is also the case of Dr Saïd Ibn Mobarak AL-ZAIR. Is this
the" Big middle east» where we should enjoy the democracy?
We
are facing a serious infringement of the society’s right to create its own
associations of voluntary work with the free designation of their objectives,
their executive boards which presume their exercises’ results, in front of
the law and their members. The decision of the implementation of "the
national Saudi organism of foreign rescue and charities" as well as the
cancellation of organisms, institutions, charities and committees forbidden by
a royal order, under the authority of the presidency of the cabinet mean the
killing, in broad daylight, of the society initiatives and the participation
of the individuals in the public affairs. It partially constitutes a politic
of edification of a contemporary absolutist State, having the satisfaction of
the current American administration as the only reason of its existence.
Besides, its internal methods are in complete contradiction with the spirit of
our epoch and the imperatives of political, social and economic reforms.
We
should finally specify that the choice of the direct confrontation, with the
peaceful and organized expressions in the society, will inevitably lead to the
increase of the pressure on its members. This will let in, understandably, the
non peaceful means of expression.
If
the objective was to fight the violence and the terrorism, the adopted method,
inevitably strengthens the accumulation of violence in a society in rupture
with the political power which lost its confidence a long time ago.
Appendices
Memorandum
of the Saudi Cabinet experts’ group
In
the name of God the Clement and the Merciful
SAUDI
ARABIAN KINGDOM
N: 410
Group
of Experts of the Cabinet
Date :27 /12/ 1424H.
Appendices
:
MEMORANDUM
-
object:
File
relating to the Project of statutes, of The national Saudi Organism of foreign
rescue and charities passed on the 27/12/1424 H. under the n°3519 by the
Cabinet council general commission to this Commission’s experts’ group in
application of its Recommendation N 533 emitted the 25/12/1424 H.
STUDY
AND DISCUSSION:
The
debate of the 25/12/1424 H. within the Cabinet general commission essentially
concerned the following points:
1)
The exclusion of all governmental authorities mentioned in the articles of
Statutes;
2)
The discussion of the paragraph 11 of the article 8 of the Project of Statutes
after the suppression of the governmental authorities mentioned in this
paragraph;
3)
The following addendum in the paragraph 1 of article 13: "that the
donations’ distribution is in accordance with the concerned countries’
legislation» and the suppression of the word "small" in the same
paragraph;
4)
The necessity of a regular authorization for all the charitable associations;
5)
The lack of precision of the Statutes’ project about (regarding) the
modalities of designation of the Organization’s authorities leaders:
president, vice-president, secretary general, council;
6)
The publication of The national Saudi Organism of foreign rescue and charities
statutes’ project that must be the subject of a Royal order. What is the
necessity of passing on this Project for opinion to the Consultative council
(Majlis ash-Shûra)?
7)
The legal nature of the NGO called «Organization of Islamic Aid "
affiliated to the " World Islamic League " which collects donations
inside the Kingdom and inside the " World Assembly of Muslim Youth (WAMY)
", and the conditions in which the " Organization of Islamic Help
" and the " World Assembly of Muslim Youth (WAMY) " collect
donations inside the Kingdom.
The
group of experts, after re-examination of "The national Saudi Organism of
foreign rescue and charities " statutes’ project
-within the Cabinet general commission- came up to the following
conclusions:
1°)
the exclusion of all the governmental authorities mentioned in the Project of
Statutes and the revision of the articles which mention it, in accordance with
the determined objectives of this Organization.
The
Experts’ group proposes that the Royal order that must create " The
national Saudi Organism of foreign rescue and charities " contains the
following arrangement: the specialized Commission mentioned in the Statutes of
" The national Saudi Organism of foreign rescue and charities "
consists of representatives of the Direction(Management) of the general
Information, the Home Office, the Foreign Office, the Exchequer and the
Ministry of the Islamic Cases, the Wakf(s), the Preaching and the Guidance;
2
°) the revision of the paragraph 1 of the article 13 of the Statutes’
project as follows: the donations and the aids handed over by the Organization
to charitable associations and centers are submitted to the concerned
States’ legislation [10]. They cannot be directly handed over to
individuals, private institutions or to non authorized associations. And the
suppression of the term "small" in this paragraph;
3
°) the revision of articles 4 and 5 of the Statutes’ project as follows:
a)
The organism is endowed with a council of 53 members which names appear in the
Statutes secondary Report, the organism’s president and vice-president being
also the council one’s;
b)
It is provided to any seat become vacant for any reason by the council itself,
on his president’s proposal.
The
organism’s President, Vice-president and Secretary General are appointed
according to the article 4 become after his revision the article 5 of the
Statutes’ project;
4
°) Concerning the legal situation of the Organization of the Islamic Aid
affiliated to the World Islamic League as well as the World Assembly of Muslim
Youth (WAMY)’s legal situation and in particular concerning the donations’
collection inside the Kingdom, the experts’ Group notices that these two
Organizations are registered international organizations in the list of the
organizations recognized by the UN. As such, they are not concerned by the
paragraph 2 of the experts’ group ‘s report n°384 of the 3/12/1424 H.
which foresees the suspension of the activities of all organizations,
foundations, charities and all charitable committees and informal Groups
-governmental or national or private Saudis-, in spite of the possibility
recognized to the kingdom’s authorities to regulate their activities when it
is about the collection of the donations with the aim of their distribution
abroad, this privilege arising from the national Sovereignty.
That
is why the paragraph 6 of the Experts’ group‘s meeting report n° 384 of
the 3-12-1424 H. proposes that the future Royal decree would contain a
paragraph forbidding the collection of the donations for abroad to every
individual or corporate body without the official authorization of " The
national Saudi Organism of foreign rescue and charities " and the
agreement of the specialized Commission. This banning also concerns the
Organization of the Islamic Aid and the World Assembly of the Muslim Youth;
5
°) Certain institutions, foundations, charitable association and certain
charitable committees and informal Groups as the "Al Haramain Islamic
foundation” (Charitable Institution of both saint places) not having been
created according to the law, the Experts’ group proposes that the future
Royal decree creating " the Saudi National Body of Help and Charitable
Action to the Foreigner " would include a paragraph
providing for the dissolution of all the institutions, foundations,
charities and all the charitable committees and informal Groups created
without official authorization, the experts' Commission charging of define all
the capacities necessary for the actual application of this decision;
6
°) Concerning the statutory device conditioning the creation of " The
national Saudi Organism of foreign rescue and charities " and its
Statutes and the preliminary discussion of the Statutes’ project by the
Consultative council (Majlis Ash-Shûra), the Experts’ group thinks that the
Project already approved by the consultative council at the end of its Opinion
n° 24 / 39 of the 20-5-1424 H. basically foresees that the future organism
would be the High regulatory Authority on all organizations, foundations,
associations, charitable committees and informal groups and the other bodies
devoting to charitable and aids ‘activities abroad because the Royal decree
n° 7B / 52300 of the 5-11-1424 H. foresees that the organism practices itself
and directly the charitable and aids’ activities abroad. This organism’s
statutes’ project was conceived as the national charitable organization’
one, but without being the same regarding to its authorization’s modalities,
it can rather be assimilated to the private charities authorized by royal
decree in reference to the paragraph 2 of the art 25 of the associations and
charitable foundations’ status adopted by the cabinet decision n°102 of the
25-6-1410H. It stipulates: «Contrary to the clauses of paragraph 1, the
present Order’s terms do not apply to the private charitable Foundations
authorized by royal decree ". Consequently, the Experts’ group thinks
that the Statutes’ project must not be inevitably submitted to the
discussion of the Consultative council (Majlis ash-Shûra), this one not being
subjected to the dispositions which apply to the organization of the state
administrations. Moreover, the publication of the Organism’s Statutes
according to the procedure applied the state administrations would confer on
it an official status, what enters in contradiction with the objectives
assigned to this Body. The creation of the Organism by Royal decree does not
disrupt its nature of non-governmental organization, the royal decree being
considered in that case as a simple official authorization of creation. There
is no necessary relation between the statutory device authorizing the creation
of a legal entity and the legal character of this one. Therefore, the
Experts’ group thinks that the Project would be transmitted to the sovereign
Authority for the possible publication of a Royal decree which would
stipulate:
1
°) the authorization of creation of a charitable Body called: « The national
Saudi Organism of foreign rescue and charities " governed by the enclosed
Statutes;
2°)
the suspension of the activities of all the organizations, foundations,
charities, national or private Saudis charitable committees and informal
groups acting abroad, and the integration of their activities within "
The national Saudi Organism of foreign rescue and charities ", this one
exercising the privileges from the creation of its council according to a
program elaborated for this purpose. It is up to the council to create a
commission made up of members stemming from organizations, foundations,
charities, charitable committees and informal groups, to manage the current
charitable activities abroad and this after the specialized commission’s
approval;
3
°) the establishment by the specialized commission of the list of the Saudi
leaders of organizations, foundations, associations, charitable committees and
informal groups which exercise at the moment their activities abroad as well
as Saudi personalities known for their action in the field of the charitable
activities abroad and considered reliable to propose to the sovereign
Authority their candidatures to the organism’s council;
4
°) the ban on estimating the donations and the foreign aids for any
governmental authority without referring at first to the sovereign authority
to receive the necessary directives from it;
5
°) the transfer in the organism of all the fundamental documents, the
possessions in cash or in kind, the furniture and buildings, relative to the
charitable action of the organisms, foundations, associations, charitable
committees and informal groups abroad, the transfer of their accounts and
their meeting in a unique organism’s account as well as the repatriation of
the Saudi people in charge of these organizations according to identified
needs of " The national Saudi Organism of foreign rescue and charities”
6
°) the definitive banning inside the kingdom on the accounts receiving the
donations for abroad as well as the ban on collecting of such donations by
physical or moral persons without an authorization in due form delivered by
the Organization and without an approval of the specialized commission; As
well as the ban made for every person or national or private entity on
exercising a charitable activity abroad or to bring aid in cash or in kind to
any person or foreign entity without passing by the Organism. The competent
authorities will punish severely any violation of this ban;
7
°) The experts' Commission commits of applying these dispositions by the
implementation of an ad hoc device which will be in charge of the regulation
of the disputes of organizations, foundations, associations, charitable
committees and informal groups exercising at present charitable activities
abroad, and of the integration of these activities in the organism according
to rules and already clarified principles, by requiring the collaboration of
the people in charge of each of these organizations for the regulation of the
problems concerning it and by resorting to the services of one or several
attorney accountants;
8
°) the dissolution of all the bodies, foundations, associations, charitable
committees and informal groups created without official authorization,
according to the specialized commission’ s decision;
9
°) The specialized commission foreseen in the Organization’s statutes’
project and in the present Note
consists of representatives of the Direction of the Intelligence service, the
Home Office, the Foreign Office, the Ministry of finances and the Ministry of
the Islamic Cases, of Wakf(s), of the Preaching and the Guidance.
The
National Saudi Organism of foreign rescue and charities’ Project of statutes
In
the name of God the Clement and the Merciful
SAUDI
ARABIAN KINGDOM
The
experts’ commission of the cabinet
Chapter
I:
Corporate
name, form, seat, and objects of the organism
Article
1:
The
national Saudi Organism of foreign rescue and charities is a national organism
which has the status of legal entity. It is the unique concerned part, and in
an exclusive way, by all charities and aids abroad.
Organism
seat
Article
2:
The
national Saudi Organism of foreign rescue and charities has its registered
office in Riad. It can also open sections and offices in the kingdom of Saudi
Arabia and abroad.
Organism’s
objects
Article
3:
The
objects of the national Saudi Organism of foreign rescue and charities, in the
limits which foresee the present statutes and in agreement with the rules and
the prescriptions promulgated for their execution.
Chapter
II:
The
administrative and financial organization of the organism
Direction
of the organism
Article
4:
A-The
Organization will be endowed with a council, composed of fifty three members
whose names are précised in the declaration joined to the present statutes.
The president of the organism will take the function of chairman and his
vice-president the function of vice-chairman.
B-If
the post of one of the members of council is vacant whatever reason it is, a
new member is appointed by the council on his chairman’s proposal.
Article
5:
The
organism is endowed with a president, a vice-president and a Secretary General
chosen by the council for a renewable period of four years.
Article
6:
The
chairman is in charge for the application of the organism’s council‘s
decisions, to assure the organism’s management and to exercise the
prerogatives indicated in his regulations.
The
vice-president assists the president in making his functions and exercises the
activities with which he loads him and replaces him in case of absence.
The
employees in the organism are appointed among the Saudis, after agreement of
the specialized commission.
Article
7:
The
Secretary General of the commission is in charge of supervising the
organism’s daily activities, of representing it with the judicial
authorities, the official and other institutions and of exercising the
privileges indicated by the organism’s
settlement .
Competences
and modalities of meeting of the organism’s council
Article
8:
The
council takes care to establish the organism’s general policy, to work for
in the realization of its purposes, to supervise its actions, to follow their
application and to adopt rules and processes that allow the organism to
suitably assure its action.
In
this context, it is up to it - for instance- to do what follows:
1-
To establish the administrative and financial policies and procedures
necessary for the organism’s activity.
2-
To Adopt the aid and charitable foreign activities policies and strategy.
3-The
amendment of the inspectors’ report about the public budget’s annual
accounting and the Organism’s final accounting and to express an opinion in
anticipation of their transmission in four months following every fiscal year
at the specialized commission for its consent.
4-Permanent
or temporary commissions’ implementation, according to needs, to study what
the council considers as recovering from its privileges.
5-The
annual report’s approval of the organism’s works in anticipation of its
consent by the specialized commission.
6-The
approval of the organism’s budget.
7-The
creation of the organism’s sections or offices in the Kingdom or abroad, and
the commitment of the necessary procedures to obtain, for that purpose,
declaration of the concerned States.
8-The
appointment of a registered chartered accountant to follow through and the
review the organism’s accounting, and its fees’ estimation.
9-The
proposition of the organism Statutes’ modification and its transfer at the
specialized commission for approval in accordance with the statutory
procedures.
10-The
organism accounts opening’s approval inside the country and abroad.
11-Processes’
implementation for the donations and the aids’ transmission to external
parties in anticipation of their consent by the specialized commission.
12-The
planning on the presentation of the organism’s actions in the local and
foreign media.
13-The
approval of the organism’s participation in other international
organizations and organisms in accordance with the applied statutory
procedures.
14-The
implementation of clarified financial and countable processes, in accordance
with the recognized standards, allowing the organism the pursuit of the
decided missions while protecting it of any overtaking and maladministration,
in anticipation of their approval by the specialized commission.
15-The
authorization to collect donations, after agreement of the specialized
commission.
16-Donations,
Wakf, and offerings’ acceptance.
Article
9:
A-
The organism council’s session takes place - during six months following
every financial year - under the chairmanship of the president, the
vice-president, or the president’s substitute in case of absence of the
vice-president. The council can be called to hold the other sessions at the
president, vice-president or at least ten members of organism’s council’s
request.
B-The
council’s session takes place, in accordance with the settlement, in the
presence of the absolute majority of the members. If however this quota is not
reached the council is convened to another session that can take place with at
least fifteen members. The meeting of the council with at least fifteen
members is allowed, in emergencies appreciated by the president of the
session.
C-The
council’s decisions are taken with the absolute majority of the present
members’ votes.
D-No
member of the council can take part in the vote, if he has any interest in the
decision.
E-The
organism’s council cannot broach any question other than those registered on
the agenda without the majority of the present members’ authorization.
F
The council’s session takes place in the organism’s registered office or
in quite other place if this place is mentioned in the summons sent to the
members.
G-A
member cannot replace an absent member in the Organism council’s sessions.
H-
The Organism council’s decisions are in a register intended for the
council’s sessions, in which are mentioned the present members’ names and
the number of vote obtained for the decision, signed by the president of the
session.
Article
10:
An
executive committee is established. It is made up of the chairman, its vice
chairman, the organism’s Secretary General and eight members chosen among
its members by the organism’s council. Its mission is the organism’s
business management of the Body according to the competences that confers it
the organism’s council.
Article
11:
The
organism’s financial resources consist of:
-
The donations collected by the organism
-
Zakat and charities that offer individuals or others
-
The donations that offer individuals, organism, companies or others to the
organism
-
Wakf, donations, offerings, and other charities specific in the Organism
-
The organism’s profits of investments
-
Any other resource approved by the organism’s council.
Chapter
III:
General
capacities
Article
12:
Every
three months the organism makes a list of the sums spent for charities and aid
actions abroad and passes it on for revision to the specialized commission.
Article
13:
1-Aids
and donations offered by the organism are limited to associations and centres
officially authorized by the States where they are, and according to the rule
of these States. The aids and the donations cannot be intended for the
individuals, the private foundations or the non-authorized associations.
2-For
emergencies the organism can work in coordination with the Saudi Red Crescent
association when it works on aid actions abroad, to benefit from opportunities
granted to the association.
3-The
association must work in coordination with the official parts concerned in
countries in question, through the kingdom‘s embassy in the profitable State
of the aid, to allow the aids’ arrival to the parts officially recognized by
the State in question.
Article
14:
The
organism concentrates, in the aids and the donations that it offers, on the
execution of defined and known projects and programs and works to spend these
aids and donations on terms to facilitate the follow-up. It also works to
limit the support brought to the budgets and the administrative expenses of
any part in it.
Article
15:
The
Organism manages all the operations of financial expenses and incomes the
returned in accordance with the rules and the directives used on the kingdom,
respectfully of the fact that all its operations, expenses, and transfers,
made by means of checks in the name of the concerned parts, are limited to the
first beneficiary and are deposited in his account. Moreover, the organism
does not operate in cash, except what is spent in the form of receipts of
collection connected with checks, during the financial year.
Tables
and communiqués of certain charitable institutions’ realization
According
to the book "The charitable sector and the complaints of terrorism
",
Of
the Dr. Mohamed Benabdellah Es' Salloumi
Appendix
(A):
Table
representing the institutions from which some communiqués and statistics
emanated:
|
Institutions |
Principal
registered office |
Period
relative to the communiqués and the statistics |
|
World
Assembly of the Muslim Youth |
Saudi
Arabia |
1418-
1422 H |
|
Sheihk
EID bin Mohammad Al-Thani Charity Organization |
Qatar |
2000-
2001 |
|
Qatar
charitable society |
Qatar |
1999-2000 |
|
Institution
of the Islamic Meeting |
Great
Britain |
1408-
1423 H |
|
Institution
Islamic Wakf |
Holland
Saudi Arabia |
1412-
1421 H |
|
Al
Haramain Islamic foundation |
Saudi
Arabia |
1421-
1421 H |
|
The
International Islamic charitable Organism |
Kuwait |
1401-
1422 H |
|
Commission
of Africa’s Muslims |
Kuwait |
1401-
1422 H |
|
Organization
of Islamic rescue |
Saudi
Arabia |
1421-
1422 H |
Remarks:
Most
of these charitable institutions originating from countries of the Gulf’s
Economic council do not possess capitals in Wakf or investments based on
Wakf(s). They count in the first place on the annual donations and Zakat. This
is in contrary to the similar western institutions that are bound one way or
another to institutions of Wakf (Endowments and Trusts) and which role is to
endow and to support the active charitable and humanitarian institutions.
Appendix
(B):
Table
representing some programs and projects of some Islamic charitable
institutions quoted in the appendix (A)
|
P |
Projects
and programs |
Number |
Amount
in Dollars |
|
1 |
Mosques |
127
423 |
126
000 000 |
|
2 |
Education |
336
3 |
133
000 000 |
|
3 |
Grants |
122
489 |
45
266 788 |
|
4 |
Students’
loans |
562
430 |
26
000 600 |
|
5 |
Individuals’
rescue |
504
5 430 |
285
000 000 |
|
6 |
Medical
encampments |
506 |
26
000 400 |
|
7 |
Eid’s
meats |
705
342 |
21
000 900 |
|
8 |
Sick’
s care |
789
1 342 |
107
4 520 |
|
9 |
Wells
and drinking water |
869
7 |
36
000 000 |
|
10 |
Meals
of the Iftar |
45
000 000 |
46
000 600 |
|
11 |
Orphans’
aid |
102
686 |
49
000 000 |
|
12 |
Non
educative social centers |
817
1 |
63
088 381 |
|
Total |
863
874 776 |
||
Remarks
:
These
statistics are only a simple summarized example, extracted from some reports
published by charitable Islamic institutions. In a way, they reflect an image
of what these institutions offer to the Humanity, in matters of support. This
support is, obviously, at such levels that the distinction of the global
positive role that occupy these institutions during the catastrophes, and on
the scene of disasters and crises in the world becomes difficult. However,
these statistics express well enough the humanitarian and charitable role that
these institutions suitably assure.
These
statistics include nine institutions and Islamic charities, with reports that
were available despite of their capacity and volume of activity. Among their
main characteristics, is the fact of having a real presence at the level of
the international community. Therefore, these statistics are far from
supplying precise measures but, it remains that they get serious indicators
which demonstrate the volume of the participations that were internationally
the product of certain Islamic charitable institutions, during various reports
of these institutions, for various years.
Committee
on International Relations
U.S.
House of Representatives
Washington, D.C.20515 -0128
Statement
of the Honorable Ileana Ros-Lehtinen
Hearing on Saudi Arabia and the Fight Against Terrorism Financing
Wednesday, March24 , 2004
Rayburn2172
Since
the horrific events of September11 th, we have been confronted by the
undeniable fact that fifteen of the nineteen terrorists who caused this act of
mass murder, were from Saudi Arabia. Because of this, it is our duty to
examine what the Saudis have done, are doing now and what they will do in the
future to prevent this kind of tragedy from ever repeating.
We
want to gain an understanding of how Saudi Arabia is working to repair a
system that many say was broken or at the very least had grown out of control.
Moreover, we want to understand what our own government is doing to help the
Saudis close down the network that facilitated the implementation of the
September11 th terrorist plot.
I
must say, however, that there are great concerns on this Subcommittee, and I
would say in Congress in general, over the extent of Saudi cooperation in this
fight and, specifically, the Saudi role in the financing and abetting of
terrorist groups in general.
Having
said this, I am pleased that the United States and the Saudi Government have
set up two task forces, one to counter terrorism and the other to counter
terrorism financing. I am also pleased that the Saudi Government is closing
down charities and controlling the collection of the Zakat, or charitable
donation, that is so important in Islam. Yet, I am concerned that there are
some red lines beyond which it might be impractical or even impossible for
Saudi officials to cross.
Moreover,
I fear that the sheer size of the financing effort and the extent of the
financial enterprises have created a self-sustaining enterprise for many of
these groups. It is quite possible that this aid from the connections in Saudi
Arabia have set them upon the path to financial independence, irrespective of
any future Saudi help.
Terrorist
connections through businesses, social service institutions, schools, mosques,
and charities, in some cases opened in the West, allow them to continue their
terrorist operations against us on multiple fronts.
The
mixing of charitable work with terrorism is a cowardly and cynical misuse of
trust dedicated to destruction. This combination only complicates the search
for the assets that fund terrorism, blurring the target for U.S. and allied
investigators.
I
realize that this fight is ongoing and difficult. I also realize the
sensitivity involved. Americans, however, are worried that while their
government is telling them that Saudi Arabia is a great friend, they see
Saudi-originated charities still operating around the world supplying the seed
money for attacks against the U.S. and our allies. There are also charities
like the Al-Haramain foundation, that act as umbrella groups for other
charities and have overseas offices. Only recently, the United States closed
down one branch of this group in Oregon.
These
charities must be shut down and their infrastructure purged to prevent
re-emergence in a different form.
Americans
also are rightly concerned about the proliferation of anti-American statements
coming from Saudi and other imams encouraging terrorism.
It
will be important for us to learn of Saudi actions regarding the reforms being
undertaken in the Mosques, both in the education of the Imams, as well as the
ban on the collection of the Zakat.
It
is important too, that Saudi Arabia stop the flow of funds to Hamas. This
violent terrorist group has killed almost three hundred Israelis in more than
50 homicide bombings over the past several years. If the money is not provided
officially, as is claimed, I believe it is necessary to stop it on the private
level as well. It is in our common interest to prevent this violent group from
getting the funds to commit murder.
I
want to believe that the Saudi government is sincere when it says it is intent
on stopping Al-Qaeda. I also want to believe that they are sincere in stopping
the money flow to them. I do, however, want to see the results of their
actions. Simply put, Saudi Arabia must be a part of the solution to this vast
problem, not a participant.
I
hope the witnesses today will fully speak to the concerns of this
Subcommittee. I believe that we will have a great number of questions to bring
to your attention.
Committee
on International Relations
U.S.
House of Representatives
Washington, D.C.20515 -0128
TESTIMONY
BEFORE THE HOUSE COMMITTEE ON INTERNATIONAL RELATIONS/SUBCOMMITTEE ON THE
MIDDLE EAST AND CENTRAL ASIA
“SAUDI ARABIA AND THE FIGHT AGAINST TERRORISM FINANCING”
DEPUTY ASSISTANT DIRECTOR THOMAS J. HARRINGTON
COUNTERTERRORISM DIVISION
FEDERAL BUREAU OF INVESTIGATION
MARCH24 ,2004
Thank
you Mr. Chairman and Members of the Subcommittee for the opportunity to
testify about terrorist financing issues, and in particular, as they relate to
our joint efforts with the government of the Kingdom of Saudi Arabia
The
number one priority of the FBI is to identify terrorists’ activity in
sufficient time to disrupt their operations. To do this, all intelligence and
law enforcement investigative and analytical components must be strategically
utilized in a cohesive manner. This belief lies at the heart of the FBI’s
reliance on, and commitment to,the interagency partnerships we have forged
through our Joint Terrorism Task Forces (JTTFs). With intelligence collection
and exploitation as our principal focus, and criminal investigative
authorities as a vital tool, the JTTFs represent the fusion of skills and
authorities our nation needs to combat terrorism in the United States.
Information sharing and interagency cooperation are critical parts of this
effort; however, partnerships within the United States will only succeed if
they enjoy the support of our many friends and partners throughout the world.
The FBI is committed to these international partnerships and recognizes the
critical role they play in our ability to develop actionable intelligence.
Beginning
shortly after 9/11/2001, the FBI created its Terrorism Financing Operations
Section (TFOS). Its mission is to identify and disrupt world-wide terrorism
financing activities. Through joint initiatives and partnerships with other
U.S. and foreign intelligence services, we have realized significant results
which include the prevention of specific acts of international terrorism.
Denying terrorists the financial means to carry out acts of violence is an
integral part of the FBI’s commitment to countering terrorism and is an area
where we have realized significant success.
The
FBI’s long history of success in combating complex financial schemes in the
areas of corporate fraud; financial institution fraud; and illicit funds
transfers/money laundering schemes of drug traffickers are being successfully
applied to the international terrorism arena.
U.S.
- SAUDI COOPERATION
The
Kingdom of Saudi Arabia is an important partner in this international effort
and has taken significant steps to deter global terrorism. There is more that
can be done to further this relationship; however, the steps that have been
taken thus far are very encouraging and promising. For example, since9 -11, Saudi
Arabia has questioned thousands and arrested more than600 with suspected
ties to terrorism. Cooperative counterterrorism efforts increased notably
after the Riyadh bombings on May12 th, 2003 when the Kingdom asked the FBI to
send an investigative team to Saudi Arabia to assist its intelligence and law
enforcement services in conducting evidence collection and post-incident
services in conducting evidence collection and post-incident investigation. In
this effort, Saudi officials allowed the FBI to directly participate in crime
scene analysis and witness interviews, including those of Saudi citizens.
The
current state of cooperation between our two countries is significant, and
information sharing continues to increase in matters pertaining to
al-Qa′ida. Together, we have agreed to focus increased investigative
attention on identifying and eliminating sources of terrorist funding within
the Kingdom and around the world. In furtherance of this agreement, the Saudis
now host the Joint Task Force on Terrorist Financing (JTFTF), which is
comprised of members of the intelligence and law enforcement services of the
U.S. and Saudi Arabia. The JTFTF was established in August2003 , with the
mission to identify and investigate persons and entities suspected of
providing financial support to terrorist groups; and recommending appropriate
criminal and/or regulatory sanctions to be undertaken to stem the flow of
funds to terrorists or terrorist organizations. Its purpose is to more
effectively utilize the intelligence capabilities and investigative
authorities of its component members. Working together, we are identifying
sources of terrorist funding and have initiated significant operations to
address them. I cannot over emphasize the importance of this initiative and
the efforts on the part of both of our countries to make it work. The FBI is a
significant participant in this project and together with our partnership
agencies, including the Internal Revenue Service-Criminal Investigative
Division, is committed to its success.
As
you will hear from my Department of State and Treasury colleagues, Saudi
Arabia has greatly contributed to combating terrorist financing by joining the
U.S. in blocking the assets of several designated terrorist organizations. In
March2002 , Saudi Arabia and the U.S. jointly blocked the accounts of Wa’el
Hamza Julaidan, an associate of Usama bin Laden who provided financial and
logistical support to Al-Qa′ida. In addition, accounts of the Bosnia and
Somalia branches of the Al-Haramain Islamic Foundation were blocked in
March2002 , and in January2004 , the Saudis and the U.S. jointly blocked four
more Al-Haramain branches in Kenya, Tanzania, ,Pakistan and Indonesia.
SAUDI
FINANCING LEGISLATION
Mr.
Chairman, as this Subcommittee knows, the ability to prevent terrorist acts
largely depends on the implementation of laws that permit investigative
intervention. Saudi Arabia has taken several steps that greatly enhance the
activities of our joint efforts to prevent terrorism financing.
Non-Governmental
Organizations (NGOs) and charitable organizations serve legitimate purposes
however, they can be vulnerable to abuse for use as a source of funding for
terrorist organizations. The Kingdom of Saudi Arabia has put new laws in place
that are designed to ensure donations to charities aren’t diverted to
entities other than humanitarian organizations. It also issued instructions to
all institutions prohibiting the transfer of funds by charitable organizations
to recipients outside the Kingdom. New rules have been codified that impact on
the Opening of Bank Accounts and place new restrictions on the bank accounts
of Saudi charities:
|
|
All
accounts must be maintained in one single account for each charity;
sub-accounts are permitted, but such an account is restricted to receiving
deposits only; |
|
|
No
ATM or credit cards can be issued for these accounts. All payments may
be made only by checks payable to the first beneficiary for
deposit in a Saudi bank; |
|
|
The
Saudi Arabian Monetary Agency’s (SAMA’s) approval is necessary to
open a bank account, the account must be opened in Riyals only, and
valid customer identification is required in addition to providing the
organization’s license; |
|
|
No
overseas transfers are allowed from these accounts, and only two
individuals who are authorized by the board of a charitable
organization are allowed to operate the account. |
Saudi
Arabia has taken other actions that benefit joint terrorism financing efforts.
The Ministry of Labor has developed a database containing financial
information relating to all of its charities, and updates the database on a
quarterly basis with information derived from submitted financial reports. An
effort is underway to integrate the charities licensed by the Ministry of
Islamic Affairs into this database. In addition, the Ministry of Labor is
conducting an audit of all their licensed charities, and this requirement will
reportedly be extended to their licensed charities, as well.
The
Saudis have begun to establish official government-operated money remitters
intended to compete directly with unlicensed money remitters such as Hawalas
and other informal financial systems. These licensed remitters are called
“Speed Cash”’, and are attached to a commercial bank and therefore,
subject to all requirements of the parent bank. Saudi private sector
representatives report that the service has been a profitable business, and
officials believe that it has reduced the extent to which there is reliance on
informal systems. Saudi officials report that they have begun to crack down on
unlicensed money remitters.
Finally,
Saudi Arabia has also strengthened its regulations on money laundering by
requiring financial institutions to verify customers’ identities and placing
restrictions on non-residents’ ability to open accounts in the country.
TRAINING
In
September2003 , the FBI and the Internal Revenue Service-Criminal
Investigative Division provided the first phase of counterterrorist financing
and anti-money laundering training to the Saudi Arabian Government in Riyadh.
The second phase of this training was held in Washington, DC in December2003 .
A third such training program is currently scheduled to take place in May of
this year, in Riyadh. This training emphasizes the role of a field
investigator in financial crimes investigations as it relates to
investigations of terrorism financing. The topics include Methods of Terrorism
Financing, Initiating Investigations, Evidence Acquisition, Computer
Forensics, Money Laundering, and Expenditure Methods of Proof, among others.
The training also includes case scenarios, in which students participate in
practical exercises to increase their understanding of terrorist-financing
investigations. This training has been completely funded and supported by the
State Department and the interagency Terrorist Finance, Training and Technical
Assistance Working Group, chaired by the State Department, and it will
directly benefit the JTFTF by focusing on methods of identifying sources of
terrorist financing.
In
addition to U.S. training, in February2003 , the SAMA implemented a technical
program to train judges and investigators on terrorism financing and money
laundering. The program is focused on training law enforcement on legal
matters including financing and money laundering methods, international
requirements for financial secrecy, and the methods criminals use to exchange
information. SAMA provides substantial training to both the private sector and
to other Saudi agencies.
CONCLUSION
While
the Government of the Kingdom of Saudi Arabia has taken significant steps to
combat terrorism, there are still hurdles they must overcome. In addition,
terrorist-minded extremists are likely to change tactics and become more
sophisticated in their intelligence collection, communication and financing.
The ability to identify and track terrorism-related financial transactions
will continue to be vital to our mutual success. Saudi Arabia has contributed
to the successful dismantling of Al-Qa′ida cells, the arrests of key
Al-Qa′ida leaders, and the capture of Al-Qa′ida members in the
Kingdom. I look forward to our continued partnership with the Kingdom and hope
our past progress is an indication of the future steps we will jointly take.
I
appreciate the opportunity to appear today and thank you Mr. Chairman and
members of the Subcommittee, for dedicating your time and effort to this
important issue. I will be happy to address your questions.
Why
the International Bureau for humanitarian NGOs?
There
is a considerable number of non-governmental institutions filling important
roles in people’s life, in wide regions of the world. These institutions and
associations manage development, health, education and social projects highly
impregnated with humanism. Moreover, because these institutions were born in
countries, for the greater part in process of development, they supervise the
projects of development from their countries and abroad. Besides, they
encounter obstacles such as the lack of anchoring of the humanitarian action
and the voluntary help in their countries of origin, and in the beneficiary
countries as well, and the lack of awareness of the important role that they
can play. A lack of awareness that we rather find in its native world and in
the big international institutions as well.
These
associations spend huge sums on the poor, the sick, the illiterates in the
world, and supply drinking water, education, care, and the protection of
humankind and many other social services. The volunteers and the employees who
compose them thus ensure the continuation of great works in the life of the
humanity. Because of their location in the southern countries, they were
deprived from world-famous that would imply because of such noble actions,
legal and international media protection. They also became victims in all
sorts of aggression without any valid reason other than the lack of political,
media, and legal supports from which they suffer. Some reasons related to this
deficit in support derive from these institutions, notably, from the fact of
their exclusive preoccupation for the terrain’s actions, thinking that the
nobility of its important activities, and the constant need formulated by the
most deprived, will insure them the legal immunity and thus guarantee a
universal awareness. However, the attacks of September 11 inversed several
realities and the non-governmental humanitarian actions became by then an
object of suspicion, inside and towards developing countries.
That
is why we launched the step, towards the creation of an international office,
gathering non-governmental organisations willing to associate together in work
of solidarity and mutual aid, in order to become universally known.
Organizations that are willing to defend the humanitarian role that they have,
to do the necessary to protect them, thus to insure the everlastingness of
humanitarian aids to the necessitous, and finally to help them in the
transparency of their resources and their employment.
These
activities and positions get their support from institutions originated in the
societies as well in the North as the South, and in all the positions that aim
at protecting their institutions, activities and members of the arbitrary
capacities. These naturally participated in the creation of this
"International Bureau for Humanitarian NGOs " to defend their
interests, to make them know and sensitize the opinion when it comes to their
role in the protection of the human interests, as in what follows:
1-The
creation of a recognized international gathering, according to the universal
standards, whether it is in its composition or in the ways that it adopts, and
the realization of this project by all legal and media ways.
2-
To set up a wide field of relations with the media on the universal plan.
3-
To Establish good relations with the United Nations and countries of
the European Union and the European Commission.
4-
Toil to obtain the support of inter-governmental organizations for the Bureau.
5-
To gather a certain number of lawyers around the Bureau, in order to serve its
objectives.
6-
To establish good relations with states and their representatives in the
institutions, and to ask for their legal, moral, and material support.
7-
The publication of a periodic mail - as the informations are supplied by these
institutions - to assert the charitable activities of these institutions in
the world.
8-
The publication of a periodic guide that will be distributed in the UN’s
offices and in great states, in order to assert the humanitarian role of these
institutions and their will to prove more transparency.
9-
Considering, as calls upon the proverb, as the man distrusts what he does not
know, to invite in order to remedy, the representatives of states, which
disgrace these institutions to discover their world. And to establish
relations between representatives of the governments and the charities in
order to create a constructive dialogue between them, susceptible to
participate in the resolution of probable difficulties through civilized
means, thanks to the spirit of collaboration
10-
The publication of a periodical that presents the experiences and the
difficulties that knew these institutions.
11-
The formulation of protests to the states, to their representatives, and to
the international authorities in the case of exercising pressures on the
activities of the non-governmental institutions.
12-
The establishment, in agreement with these institutions, of methods to make
known the regions in need for humanitarian action. The transmission of
information, as it arrives, to the humanitarian institutions concerning the
regions in need for help.
13-The
formulation of requests to the great states and to their institutions in order
to provide help to the societies and to the institutions operating in the
stricken regions. It is in this frame that a link between the international
coordination and the construction of a non-governmental field is created.
14-
The Bureau looks after sensitizing the governments and the peoples to the
importance of the non-governmental institutions, in order to repel the
tragedies of poverty, the diseases, and the ignorance in their countries.