The International Journal
of Not-for-Profit Law

Volume 2, Issue 4, June 2000

A quarterly publication of the International Center for Not-for-Profit Law

Table of Contents

Letter from the Editor

Articles

Scottish Charity Law: Proposals for Reform
By Dr. Christine R. Barker

Volunteering-- The Long Arm of the Law
By Debra Morris

Do Czechs Need a New Law on Associations?
By Dr. Petr Pajas

The Freedom to Join an Association: A Principle in Question
By Barbara Rigaud

Structural and Systematic Issues Surrounding the Establishment and Management of Endowments in the Czech and Slovak Republics
By Robert N. Thomas

Report on the Violations Committed in the Course of Registration and Re-Registration of Public Associations in the Russian Federation in 1999
Prepared by the Information Center of the Human Rights Movement and the Center for the Development of Democracy and Human Rights

Reviews

An Introduction to the Not-for-Profit Sector in China
By Nick Young and Anthony Woo
Reviewed by Georgina McCaughan

Las Organizaciones de la Sociedad Civil en el Ordenamiento Legal Argentino
By GADIS and Foro del Sector Social
Reviewed by Fernando Latorre

Hacia un Desarrollo con Ciudadania
By La Sociedad Internacional de Investigación del Tercer Sector
Reviewed by Antonio Itriago

Entidades Sin Ánimo De Lucro - Regimen Tributario Especial
By Juan Carlos Jaramillio Diaz, Vargas Ballen, Jenny & Fabio Andres Duran Acosta
Reviewed by Antonio Itriago

Case Notes

North America:
the United States

South Asia:
India

Country Reports

Asia Pacific:
Australia

Central and Eastern Europe:
Regional
| Bulgaria | Croatia | Czech Republic | Estonia | Kosovo | Macedonia | Montenegro | Romania | Slovak Republic | Yugoslavia

Latin America:
Belize
| Chile | Colombia | Nicaragua | Venezuela

Middle East and North Africa:
Egypt

Newly Independent States:
Armenia
| Moldova | Russia

North America:
Canada | Mexico | the United States

South Asia:
India

Sub-Saharan Africa:
Ghana
| South Africa | Tanzania | Uganda

Western Europe:
France
| Germany | the United Kingdom

International:
CIVICUS Diamond Project | G4+1 Accounting Standards

International Grantmaking

Determining Whether to Make an Equivalency Determination or to Excercise Expenditure Responsibility
By Derek J. Aitken

Supporting Microfinance Abroad: Introductory Legal Issues for U.S. Grantmakers
By Timothy R. Lyman

United States International Grantmaking (USIG) Project Unveils New Web Site
By Derek J. Aitken

Community and Corporate Philanthropy

The Enabling Environment for Community Philanthropy

Changemakers.net

German Publication

Partnerships

Survey of the Current Legislative Framework for NPOs to Perform Social Services in Bulgaria

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Editorial Board

Subscription Information

Previous Issues

ICNL Homepage

Country Reports: Middle East and North Africa

Egypt

Legal Framework: Egyptian Court Strikes Down Controversial Law

On June 3, the Egyptian Supreme Constitutional Court invalidated Law 153 of 1999, which has been the target of protest by human rights groups and the NGO community generally since its passage last May.

The Court ruled that Law 153 to be unconstitutional based on the procedure by which it was passed and also on its substantive content. The Court found that the Law had not been presented to the upper house of the Egyptian Parliament, the Shura Council, before its passage in the lower house. The Egyptian constitution requires that draft laws concerning matters "complimentary to the constitution" be considered by the Shura Council before being referred to the lower house. The Court also objected to the provision of the law which referred disputes between the government and NGOs to courts of first instance, stating that such disputes should instead be referred to administrative courts. 

Although reaction to the decision in the NGO community has been positive, the decision leaves NGOs unsure of their legal status. The government has indicated that NGOs will now be governed by Law 32 of 1964, the law which Law 153 replaced. However, because decisions of the Supreme Constitutional Court are not retroactive, organizations that registered under Law 153 will not be affected by the ruling. At the moment, it is unclear what law governs NGOs in Egypt.

Egyptian Intellectual Detained for Receiving Foreign Funds

Dr. Saad Eddin Ibrahim, professor of sociology at the American University in Cairo and founder and director of the Ibn Khaldun Center for Developmental Research, was arrested on July 1 and charged with receiving funds from foreign sources and attempting to tarnish Egypt's reputation. Professor Ibrahim, who was charged under Military Decree 4/1992, could face up to 15 years in prison if convicted. 

Among the activities cited as reasons for Ibrahim's arrest is the receipt of funding from the European Union to film a documentary. Although the stated purpose of the documentary was to encourage people to vote in the upcoming parliamentary elections, the government charged that the film was insulting to the regime. Ibrahim is also charged with receiving foreign money to report on the internal situation in Egypt and other countries.

Professor Ibrahim's arrest is reminiscent of the arrest of Mr. Hafez Abu Saada, whose arrest on similar charges was reported in Volume 2, Issue 3 of IJNL. Coincidentally, Mr. Abu Saada has recently joined Professor Ibrahim's legal team.

 

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ISSN: 1556-5157