Regulation of the Voluntary Sector: Freedom and Security in an Era of Uncertainty

by Sidel; Mark

• ISBN13: 9780415424240
• ISBN10: 0415424240
• Edition: 1st
• Format: Hardcover
• Copyright: 2009-11-23
• Publisher: Routledge-Caven

Summary

Have we gone too far in enacting laws, promulgating regulations and announcing policies that threaten freedom of association, either now or 'in waiting' for the future? Regulation of the Voluntary Sector focuses on the legal and political environment for civil society in an era in which counter-terrorism policy and law have challenged civil society and civil liberties in a number of countries. The ways in which counter-terrorism law and policy affect civil society can and do differ dramatically by country and region. Through the lens of developments since September 11th, Mark Sidel provides the first comparative analysis of state responses to voluntary sector activity. Comparing the situations in the UK and the US, as well as in Australia, Canada, India and within the European Union, he surveys the increasing efforts to delimit and restrict voluntary sector activities - such as fundraising and grant-making - as well as opposition to them.

Table of Contents

Acknowledgements	p. viii
Introduction	p. 1
The United States	p. 14
The framework of counter-terrorism taw and policy and its impact on civil society in the United States	p. 14
Initial prosecutions, organizational defiance, and sectoral disengagement	p. 15
Broadening sectoral opposition and self-regulation as a response to broadening government policy against the nonprofit sector	p. 17
Foundation responses to strengthened government policy and regulation: Disengagement and shifting risk to grantees	p. 20
Broadening government regulation, broadening sectoral opposition - and a victory	p. 23
Opposition in isolation: The lonely struggle over 'material support'	p. 24
General conclusions	p. 30
The dangers in the failure to oppose	p. 31
The United Kingdom	p. 35
The role of the Charity Commission: Keeping charity regulators central in terrorist finance enforcement	p. 36
North London Central Mosque (Finsbury Park Mosque)(2001-3)	p. 39
Society for the Revival of Islamic Heritage (2002)	p. 40
Minhaj-Ul-Quran UK and Idara Minhaj-Ul-Quran UK (2002)	p. 40
Divergence from the United States; The Interpal case (2003)	p. 41
Tamils Rehabilitation Organisation (2000-5)	p. 42
New initiatives against terrorist financing through charities, 2006-7	p. 44
The Home Office and Treasury review of actions against terrorist finance and the Charity Commission's role	p. 46
Lessons of the experience in the United Kingdom	p. 50
Canada	p. 53
From threat to enforcement in 2008	p. 67
Summing up the Canadian situation	p. 68
India	p. 71
From the Terrorism and Disruptive Activities Prevention Act (TADA) to the Prevention of Terrorism Ordinance (POTO)	p. 71
The Prevention of Terrorism Act (POTA) and its uses	p. 74
From the Prevention of Terrorism Act to State Acts and the Unlawful Activities (Prevention) Act	p. 76
The struggle over the Foreign Contribution (Regulation) Act	p. 82
Multilateral responses, counter-terrorism, and civil society: The United Nations and the European Union	p. 88
The United Nations' counter-terrorism strategy and civil society	p. 88
National regulation and enforcement in Europe	p. 92
European regional responses	p. 93
The 'securitization of aid' debate	p. 101
Conclusion	p. 102
Initiatives in response to the pressure of counter-terrorism policy: The Montreux Initiative, Humanitarian Forum, and other steps	p. 104
The Montreux Initiative	p. 105
The Humanitarian Forum	p. 111
The future for the responsive initiatives	p. 114
Conclusion	p. 115
Australia	p. 117
Civil society, charities, and terrorist finance	p. 117
The current status of nonprofit organizations in Australia under the anti-terrorist statutory regime	p. 123
Terrorism-related cases in Australia	p. 124
Some concluding thoughts on the new regulation of the voluntary sector in the post-September 11 era	p. 126
The role of anti-terrorism law vis-à-vis voluntary sector organizations	p. 128
The role of opposition and resistance to the new regulation of the voluntary sector	p. 129
Key themes in the new regulation of the voluntary sector through anti-terrorism law	p. 130
The complex role of self-regulation in the new regulation of the voluntary sector	p. 130
Bibliography	p. 135
Index	p. 150
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