AG Seeks Registrar of Association's Explanation for Delay in Registering New Palestinian NGO in Israel

 

On 22 October 2002, the Attorney General's office sent a letter to the Registrar of Associations, requesting that he respond a letter sent by Adalah to the Attorney General on 15 October 2002, concerning the Registrar's delay of more than one year in processing the registration of Tawasul, a new Palestinian NGO in Israel. 

Tawasul ("Connection" in Arabic) is dedicated to the advancement of Arab cultural programs and projects, democracy, humanism, and universal values. The organization works to establish connections between Palestinian citizens of Israel and other cultures around the world, and conducts educational programs on the relationship of the individual to society. 

In August 2001, Tawasul's founders applied to the Registrar of Associations to register the organization, submitting all the appropriate application forms. The Registrar responded to their application four months later, on 31 December 2001, objecting to Tawasul's name on the grounds that it is similar to names used by other organizations, and demanding that the founders provide further details about Tawasul's goals and the means through which it intends to achieve them. The Registrar's letter demanded that Tawasul resubmit its application on enclosed forms, though no forms were sent with the letter. 

On 22 January 2002, Adalah Staff Attorney Suhad Bishara wrote to the Registrar on behalf of Tawasul, explaining that the organization had made its original application in full accordance with the law: it had stated its goals with sufficient clarity, and intended to further elaborate its method of operation following registration, after due consideration of available resources. Adalah further requested that the Registrar identify other registered organizations named Tawasul. 

The Registrar responded to Adalah on 24 February 2002, claiming that Tawasul's application was completed incorrectly on outdated forms, and was not submitted in accordance with the law or the Registrar's instructions. The Registrar did not reply to the substance of Adalah's arguments, nor did he reply directly to Tawasul on this matter. 

On 21 August 2002, Adalah again wrote to the Registrar, requesting that he explain how Tawasul's application, submitted on application forms obtained from the Ministry of Interior, was inconsistent with law and the Registrar's instructions. 

After failing to receive a response to this letter, Adalah wrote to the Attorney General on 15 October 2002, arguing that the Registrar had exceeded his powers in refusing to process Tawasul's application. Adalah argued that he had violated the basic right of Tawasul's founders to freedom of association, which is a component of freedom of speech, and one of the basic principles of a democratic society. Adalah noted that freedom of association is a basic right that has been recognized by the Supreme Court. The freedom to choose the name of one's organization is an essential part of freedom of association, Adalah contended in the letter.