Let WAC get on with its work!
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Public Campaign against the Decision by the Israeli Authorities to Dismantle WAC–MA'AN
Updates
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December 2, 2004
Dear friends,
I would like to bring you up to date about WAC's campaign against the attempt by the Israeli authorities to close it down. First, here is the home page of the campaign website.
On the legal front: We are working with a lawyer who is an expert on NGO's. After reading the material, he has confirmed that there is no legal basis for a case against WAC. We have also appealed to the Minister of Justice concerning the Registrar's demand that WAC pay 30,000 NIS, half the cost of the investigation against it. We are assured by many legal experts that our position is very strong.
On the workers' front: WAC's several hundred members are fully in the picture. We are currently organizing regional meetings with them, and they are eager to take part in the campaign. To quote WAC member Muhammad Tarek: "How can they close an institution that defends Arab workers? We feel they are treating us as if we were terrorists. MA'AN (WAC) is our strength." Alla Mahajneh said that his group of 25 workers has decided to publish a petition with their names and identity numbers, announcing: "Until now the contractors exploited us, cheated us and violated our rights. For the first time there is an organization that stands up with us – we will not allow them to close WAC!" The workers will hold a demonstration next week in Tel Aviv.
Israeli public opinion: An article in Haaretz (in Hebrew) has publicized the case and helped us launch a petition. So far we have 100 signatures from among the leading lights of the academic world, as well as other NGOs and social activists. Among the signers are Prof. of Law Frances Radai, Adv. Yuval El Bashan, Dr. Anat Matar, Dr. Orly Lubin, Dr. Adel Mana, Prof. Baruch Kimerling, former Meretz head Shulamit Aloni, former Hadash MK Tamar Gozansky, Uri Avneri, head of B'tselem's Board of Directors Anat Biletzky.
Among Israeli NGOs three have signed our petition: Kav La'oved, The Hotline for Migrant Workers, and Adva Center.
Arab public opinion in Israel: Many of the leading Arab NGOs have signed a petition as organizations, among them Adalah, Hagalil, Itijah, Baladna, Musawa, and the Supreme Monitoring Committee of the Arab Population in Israel. All believe that the Registrar's accusations are politically motivated.
Palestinian trade unions: The General Sectary of the PGFTU (Palestinian General Federation of Trade Unions), Shaher Sa'ad, has sent us a solidarity letter: "We are shocked to hear the news about the Registrar's decision to close down WAC (MA'AN). WAC is a very important organization and is known for its open hand to everyone who approaches it…We stand firmly with you in defending the principles of justice and democracy. We are sure you are going to win."
The General Sectary the PGFTU-Gaza, Rassem Biari calls upon the Registrar "to reconsider his decision, which is based on a hostile and interested party who wanted to create an alternative organization to WAC." It should be noted that in the past years, WAC has been working in solidarity with the PGFTU against the policy of closure, which keeps Palestinian workers from working in Israel.
On the international level:
· The ILO: Mr. Bernard Gernigon, the Chief of the Freedom of Association Branch, International Labor Standards Department, ILO, sent a letter to the Israeli authorities on Nov. 19 in response to WAC's letter from Nov. 15. The ILO officer requested answers from the authorities regarding WAC's claims that its harassment contravenes Israel's obligations as a signatory to the relevant ILO Labor Conventions.
· National Trade Union Federations and other Trade Unions: -
1.Spain: CC.OO, National Federation: General Secretary Jose Maria Fidalgo sent a strong message of protest to the Israeli Embassy in Madrid. Mr. Manuel Zaguirre, Vice President of the World Confederation of Labour (WCL) and General Secretary of its Spanish branch, USO, has sent a protest message. Also Xesús Seixo Fernandez, Secretary General of the Galician-based Trade Union CIG, has sent a strong message. These three trade unions have publicized the case on their websites.
2.Italy: CGIL – Fiom in Italy has adopted the case and begun to act. Ms. Alessandra Mecozzi, International Secretary of Fiom-CGIL, has sent protest letters. Ms. Mecozzi has committed herself to distribute the information on WAC and to raise the issue in a parliamentary meeting on Dec. 11.
3.Holland: The Working Group on International Solidarity (WIS), in FNV Bondgenoten, has adopted a resolution in support of WAC.
4.Australia: The issue of WAC will be raised this week at the Australian Trade Union Congress by Ms. Helen Creed, LHMU National President.
· USA:
1.WBAI Radio ran an interview with WAC's National Coordinator Assaf Adiv on Monday, Nov.29.
2.This weekend there is to be a labor gathering at Queens University in NY on the future of labor after Bush's victory. Many trade union activists and officials will be there. One of our supporters in NY will have a booth there.
3.LaborNotes in the USA is informed. It will send out the material and take action.
4.Professors Noam Chomsky of MIT and Ian Lustick of the University of Pennsylvania have sent protest letters to the authorities.
What you can do? While continuing to alert the labor community in your country, help us reach human-rights organizations. Send letters of protest to the addresses in our website (especially the first three).
There is also a petition that may be signed by international organizations.
We hope to hear from you.
In solidarity,
Roni Ben Efrat Committee to Defend WAC |
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December 9, 2004
Dear friends,
This is the second update in WAC's campaign against the attempt by the Israeli authorities to close it down. Please note the home page of the campaign website.
1] Demonstration of workers At a meeting on December 4 in Nazareth, the workers of WAC expressed their complete support. Yesterday evening, December 8, they held a demonstration in Tel Aviv. Following a day's work at building sites in the Tel Aviv area, fifty of them assembled at the city's Cinematheque to protest against the threat to WAC:
2] Paid Ad (Petition) in Haaretz (December 8) We published a paid ad yesterday in Haaretz (6.4 x 15 inches). It included a petition containing four parts: 1) The names of 160 Israeli public figures, academics, and social activists who have condemned the registrar's threats to close WAC. Among the signatories are Prof. of Law Frances Radai, Adv. Yuval El Bashan, Dr. Anat Matar, Dr. Orly Lubin, Dr. Adel Mana, Prof. Baruch Kimerling, former Meretz head Shulamit Aloni, former Hadash MK Tamar Gozansky, Uri Avneri, and head of B'tselem's Board of Directors Anat Biletzky. 2) Fifteen NGOs, among them: Kav La'oved, The Hotline for Migrant Workers, Adva, Adala, Baladna, Ittigah, and Mossawa. 3) Fifteen WAC team leaders from the construction sites. 4) Eighteen international organizations, most of them labor unions. (See the list in the ad). Please note: The list is still open for more organizations. Some did not reach us in time for the deadline. If you wish to sign, please enter our website petition. (To be doubly sure, send a copy to me.) We also badly need donations to cover the cost of publication.
3. Letters of protest to the authorities We are constantly receiving copies of more letters sent to the authorities. Here are two of the latest: one from Mr. Henk van der Kolk, President of FNV Bondgenoten in the Netherlands, and another from Ms. Annuschka Vandewalle, Secretary General of FOS, which is related to Belgium's Socialist Party and to the Socialist Trade Union.
4. Solidarity concert On Friday Bamat Etgar will hold a special concert. Yoel Ben Simhon will perform his original music, influenced by the Moroccan, Arabic and Andalusian traditions. He will be accompanied by Yehuda Kamari, Hemi Forbuchra'i, Murad Khouri, and Shmuel Rosban. Yair Dalal will then join the group in a jam session, along with the international acclaimed George Sam'an. Ben Simhon's performance, scheduled months ago, has been turned into a solidarity event with WAC. Please read the item on Ben Simhon in Haaretz today.
What you can do: While continuing to alert the labor community in your country, help us reach human-rights organizations. Send letters of protest to the addresses in our website (especially the first three):
We hope to hear from you.
In solidarity,
Roni Ben Efrat Committee to Defend WAC |
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December 15, 2004
Dear friends,
This is the third update in WAC's campaign against the attempt by the Israeli authorities to close it down. Please note the home page of the campaign website.
On the legal front: WAC is represented by a very good law firm with expertise in non-profit associations (NPAs). Our lawyer has responded to the Registrar's charges. The Registrar now has two options: He may decide to start a process in the District Court to dismantle WAC. Or he may undertake negotiations with WAC.
The response to the Registrar pointed out that the central question is whether WAC acted within the framework of its purposes. The answer is positive: WAC acted to advance the interests of workers (as even the Registrar has acknowledged). The law of NPAs, our attorney points out, does not prohibit members of an NPA from having political opinions of this or that sort. In Israel there are many members of NPAs who have political opinions. Therefore, the statement that the members of WAC also acted in support of a party (ODA, called Da'am in Arabic) is irrelevant. What matters is whether the NPA itself (not its members) acted to advance the interests of the party, and here the answer is negative. There is no connection between WAC and the ODA: actions by WAC members (as individuals) in matters concerning the party are not actions of WAC and are not prohibited under the Law of NPAs.
The Registrar also claims that WAC shared office infrastructure with other NPAs. Our attorney has confirmed our view that such cooperation is not forbidden: on the contrary, it is even desirable, as long as the NPA does not depart from its aims.
As mentioned, this position has been communicated to the Registrar and we await his response.
Local public campaign: Two cultural events took place this weekend in solidarity with WAC's campaign:
December 10: Oud musician and singer Yoel Ben Simhon performed with other musicians in a concert of Arabic and Jewish oriental music at Bamat Etgar in Jaffa. He was joined for some songs also by Ya'ir Dalal, a well-known violinist, oud player and singer. The hall could hardly accommodate the 100 listeners. Ben Simhon described his participation three years ago at WAC's week-long summer camp on the shores of the Sea of Galilee.
December 11: The youth theater of WAC (Shabibe Umalieh) performed the play the Old House in Nazareth's cultural hall to an enthusiastic crowd of 300 people. Assaf Adiv talked to the crowd about WAC's campaign.
International Support - PetitionIn the meantime, public pressure by the local and international community is extremely important. In Update # 2 we reported on a large paid ad with 160 names of Israeli public figures, 15 Israeli NGOs and 18 international organizations, many of them labor unions.
In addition, letters of protest to the Israeli authorities have been sent from the following:
1. Poul Erik Skov Christensen, President of SiD in Denmark to the Israeli ambassador. 2. Henk van der Kolk President of FNV Bondgenoten in the Netherlands wrote to Mr. Eitan Margalit the Israeli ambassador, as follows:
"We are very concerned that this threat to revoke WAC's license would be connected with other actions of harassment against Israeli civil organizations that stand for human rights and democracy, organizations whose members are known for their struggle against discrimination and against the occupation." (Full letter.)
3. Annuschka Vandewalle, Secretary General of FOS in Belgium wrote:
"FOS is an organisation belonging to the Belgian socialist movement. We have passed the news about Ma'an-WAC's situation to our friends in the socialist party, the socialist Trade Union, and other socialist organisations. We have been supporting for several years organisations that defend the rights of Palestinian workers from Gaza and the West Bank on the Israeli labour market. We have good relationships with Israeli organisations that are concerned with the same Palestinian workers, but also with the rights of Israel's Arab workers, Israeli low-wage workers and foreign workers in Israel.
"The current threats to Ma'an-WAC are not a good sign for the utterly important work of our own Palestinian and Israeli friends, and for all the disadvantaged workers in Israel in general. Therefore, we would like to kindly request you to take notice of our concern and the distress we feel as a result of these actions. We hope the Israeli authorities will take the appropriate steps to ensure that Ma'an can continue its valuable work, in the way that will suit the interests of the workers best." (Full letter.)
4.In Britain, Martin Wicks, Secretary of the Swindon Trades Union Council (STUC), is mounting a big campaign to defend WAC. Wicks traveled to Israel to visit WAC in 2002. In a newsletter he has published, he explains what he believes is behind the harassment of WAC. "One of the most inspiring things about my visit to Israel was the fact that in the activity of the WAC you could see Arabs and Jews, all Israeli citizens, working together as equals. This is an image that the Israeli state does not like because it conceives Israel to be a 'state of the Jews.' Arabs are second class citizens in every way. They even get less water than the Jewish population."
Please have a look at his campaign page, along with an account of his week-long visit to WAC in 2002. STUC has also opened an online petition in support of WAC. (Signers)
In addition, the following have signed the WAC petition:
1. Carolyn Leckie and Rosie Kane, Members of the Scottish Parliament (Scottish Socialist Party) 2. Dave Parks has conveyed the unanimous support of The Exeter Socialists (Devon UK). 3. Irene Bruegel on behalf of Jews for Justice for Palestinians has written to the Israeli Embassy and sent the information to various trade unions and to Trade Union Friends of Palestine. 4. Sarah Sanford, Coordinator of the Ipswich Community Resource Centre, and Branch Secretary TGWU 1/460
In Canada, the Al Awda group has adopted the WAC case. The group has obtained the endorsement of writer and social activist Naomi Klein, as well as Sam Gindin of the Canadian Autoworkers. In many of its branches, Al Awda has been screening the video A Job to Win, which concerns WAC's struggle to open jobs for Arab construction workers. Al Awda will be seeking more support from the labor movement in Canada.
What you can do: While continuing to alert the labor community in your country, help us reach human-rights organizations. Send letters of protest to the addresses in our website (especially the first three). Please help us to cover the cost of the ad in Haaretz ($3,200). Your contribution can be sent by check, payable to MA'AN-WAC, to POB 41199, Jaffa 61411, or directly to our bank account:
Name of bank: Bank Leumi Branch: 801 Name of Account holder: Workers Advice Center – Ma’an Account: 101-537704 Address: Jerusalem Boulevard # 1, Jaffa (Tel: 972-3-5120333)
Make sure to let us know of your contribution by replying to this e-mail. The bank doesn't always notify us.
We hope to hear from you.
In solidarity,
Roni Ben Efrat Committee to Defend WAC |
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The Registrar of Non-Profit Associations Attempts to Gain Control of the Worker's Advice Center (WAC – Ma’an)
The Registrar of Non-Profit Associations (NPAs) in Israel, Attorney Yaron Kedar, is continuing to harass the Workers' Advice Center. His predecessor in office, Amiram Boget, was forced by court order to register WAC in 1998. Since then, the Registrar’s office has persistently tried to end the Center’s activities. The struggle has recently entered a new round.
Accusations and answers
In November 2004, the Registrar decided to dismantle WAC unless it agreed to a "recovery program" and to the appointment of an external auditor, who would in effect become the Center's manager. This decision was based on the findings of an accountant, Yomtov Bilu, who had investigated WAC for three years. Bilu made two basic charges: (1) that the Center is not fulfilling its stated objective of assisting workers; (2) that WAC is being used to channel funds and resources to a political party: the Organization for Democratic Action (ODA).
To the first charge: WAC’s activities in assisting workers have long been known to readers of Challenge. In the course of its campaign, “A Job to Win,” it has gained employment for hundreds in construction. It has helped hundreds more jobless to secure their rights. (The major articles are posted on WAC’s website.)
Moreover, in the ten months that have passed since the Registrar’s decision, WAC has added activities in several fields:
A: Agriculture. After meeting with the Ministry of Agriculture, WAC has begun placing workers in this sector. It was invited to appear before the Knesset Committee for Foreign Workers, and its efforts in this sector have received widespread media coverage.
B: The Wisconsin Plan. WAC has created a committee of jobseekers from Nazareth, Wadi Ara and East Jerusalem to monitor the plan, which removes responsibility from the government and threatens to increase hardship for thousands of unemployed. (See Challenge 93.) WAC has joined a coalition of social organizations concerned about Wisconsin.
C: Construction. WAC has opened new companies to the hiring of Arab workers, and it has renewed its contact with the Contractors' Association.
D: International contacts. WAC took part in the Mediterranean Social Forum in Barcelona (June 2005). It continues to strengthen its connections with trade unions in Europe and the US.
To the second charge: ODA never received funds from WAC. The State Comptroller, who was asked by the Registrar to check whether funds had been passed from WAC to ODA on the basis of Bilu's report, notified the Registrar that there was no basis for such investigations. Moreover, ODA is a registered party in Israel which has never been convicted of breaking any law regarding party funding.
WAC operates independently in accordance with the Law of NPAs, and its members determine the direction of its work. Reports on its diverse activities, including financial reports approved by an accountant, are sent each year to the Registrar.
WAC declared in February 2005 that it would not accept the "recovery plan" proposed by the Registrar's Office, including the appointment of an external auditor, because such steps would constitute a serious infringement of its independence. The Center’s Attorney, Ophir Katz, negotiated with the Deputy Registrar in an attempt to find a formula that would enable the Center to continue to operate freely. In the understandings that resulted, WAC agreed to cooperate with the Registrar in finding and correcting any specific technical problems in the way it was managed. (In fact these had already been sorted out.)
A New Round of Struggle
Recently, without explanation, the Registrar’s office notified WAC of its intention to appoint an external auditor with far-reaching powers. He wrote, for example, in Paragraph 3: "The Center will not pay expenses or sign any agreement to pay expenses of over 7000 NIS ($1500) without the written consent in advance of the auditor." Paragraph 5: "The auditor will ensure that the Center is not breaking any laws concerning foreign workers or illegal foreign workers." Paragraph 6: "The auditor will form an opinion concerning whether any need exists to replace any functionaries in the statutory institutions of WAC or its management, and WAC will operate according to his instructions."
The significance of this decision is clear: in his desire to take control of WAC, the Registrar has withdrawn from the previous understandings.
In response, Attorney Katz wrote the Registrar as follows on October 16, 2005:
“…To the best of my knowledge, the Law of Non-Profit Associations (1980) contains no provision concerning an ‘accompanying auditor,’ nor did we find that the law authorizes the Registrar to oblige an NPA to accept such an appointment… In February this year, at a meeting in your office, we made it clear that the NPA will not agree to a recovery program, but that it would agree to a very limited accompaniment by an accountant… It should be mentioned that the NPA is working with great success in implementing and carrying out its goals, and that its administrative practice is proper and lawful. In these circumstances, there is no foundation for your interference in its administration, nor is there any justification for dismantling the NPA.”
During this latest round of struggle, many letters from key organizations have been sent to the Registrar in support of WAC. Here, in translation, are excerpts from several:
Letter to the Registrar from Attorney Dana Alexander, Director of the Legal Department, the Association for Civil Rights in Israel:
“In the light of this NPA’s history with the Registrar of NPAs, which already made it necessary to go to the courts, your step may be interpreted as a continuation of harassment against the NPA for ulterior reasons. … “WAC makes a unique contribution in advancing the status of workers in Israel generally, and of Arab workers in particular. Harm to the NPA’s activity, apart from the harm to its freedom of organization, will aggravate the damage done to workers’ rights. This occurs in a reality where damage to workers’ rights has become a norm, and where every organization that helps workers to secure their rights is crucial. “We ask therefore that you reconsider your decision, and that you enable WAC to continue to work in accordance with the law, as an independent NPA that advances its worthy aims in an effective manner.”
Letter to the Registrar from Dr. Roy Wagner, board member of Kav la’Oved (Worker’s Hotline):
“WAC is among the most important NPAs defending workers in Israel. In all of WAC’s activities to which I’ve been invited (public events and meetings with representatives of international organizations), I never caught the slightest hint of support for ODA. Because WAC’s activity is conspicuous in the landscape of NPAs that back the weakened workers in Israel, your attempt to interfere in its activity amounts not only to a severe violation of the freedom to organize, but also to direct support for the exploitation and weakening of workers. Your attempt will contribute, without doubt, to a deepening of poverty among the groups that benefit from WAC’s support.”
Letter to the Registrar from Attorney Yuval Elbashan, founder and director, The Clinical Legal Education Center for Human Needs and Social Responsibility, Faculty of Law, the Hebrew University:
“I address you on the basis of common work in the last two years with WAC, in the framework of the clinic for aiding the Arab minority, which is directed by Attorney Manal Hazan. Through this connection I gained the privilege of working with members of the NPA and seeing first-hand their impressive achievements in advancing human rights in general, and in particular the rights of workers in Israel. For this reason, I have been astonished for some time now at what seems to me a continuing violation, on the part of the body that you head, against the NPA’s right to organize and its consequent administrative independence. I am concerned that this … will constitute a dangerous precedent in all matters pertaining to civil society in Israel, which today is one of the few remaining guarantees for preserving the democratic character of the State.”
Letter to the Registrar from Attorney Hussein Abu Hussein, director of Ittijah, the Union of the Arab Community Based Organisations:
“It seems to us that the understandings reached through the services of Attorney Ophir Katz are beneficial to both sides within the framework of the Law of NPAs and the basic right of freedom to organize. As matters stand today, given the Registrar’s decision for a recovery plan and imposition of an external auditor, the NPA will not be able to fulfil the vital and important role that it has for its large target population, which needs it. … “At Ittijah …we expressed our satisfaction, upon your entry into office, with the change you announced in the content and functioning of the Registrar. We believe it desirable to preserve this positive and promising atmosphere that you created on taking office. We therefore consider it fitting that you reconsider your decision to withdraw from the understandings mentioned above.”
Challenge readers, please send protest letters, referring to WAC–Ma’an, to:
Mr. Meni Mazuz – Attorney General of Israel, Ministry of Justice, c/o Foreign Relations: Fax: 972-2- 6261862 / Mail to: ForeignR@justice.gov.il
Attorney Yaron Kedar - The Registrar of NPAs in Israel POB 95464 Jerusalem 91999 Israel Mail to: RashamA@justice.gov.il
Please send copies to WAC: maan@maan.org.il |
