Resources


3 recently published books discuss post 9/11 anti-terror laws and an environment that restricts nonprofits, ethnic groups and basic freedoms.
Counter-Terrorism, Aid and Civil Society
Regulation of the Voluntary Sector: Freedom and Security in an Era of Uncertainty

Civil Rights in Wartime: The Post 9/11 Sikh Experience

 

Resources

Multimedia resources for the Supreme Court case: Holder v. Humanitarian Law Project

Date: 
March 9, 2010

On Feb. 23, 2010, the Supreme Court heard oral arguments in Holder v. Humanitarian Law Project (HLP). At issue is the constitutionality of a provision in the USA Patriot Act that makes it a crime to provide “material support or resources” to any group that the government has labeled as a terrorist organization.

The Constitution Project and Charity and Security Network held a panel event where speakers discussed the case in regards to the First Amendment’s free speech provision and the Fifth Amendment’s due process clause. This event was broadcast on C-SPAN.

On March 4, The Kojo Nnamdi Show, a live two-hour magazine program on WAMU 88.5 based in Washington D.C, featured a discussion surrounding the issues involved in the Holder v. Humanitarian Law Project case.  The full transcript from that program is available here.

Report: The Dangers of Militarized Aid in Afghanistan

Date: 
March 1, 2010

The strategy of militarized aid in Afghanistan is failing to help the Afghani people says a new policy paper from eight nonprofit groups who have worked in the country for almost 50 years, including Oxfam International and Actionaid.  “The overemphasis on military issues at the expense of efforts to promote

Holder v. Humanitarian Law Project: Addressing the Impact of Material Support Laws on Peacebuilding Programs

Date: 
February 15, 2010

On Tuesday, Feb. 23, 2010 at 10 a.m. the Supreme Court heard oral arguments for Holder v. Humanitarian Law Project (HLP) to determine whether several key terms in the definition of prohibited material support of terrorism violate the First and Fifth amendments.  The case marks the first ever challenge to the Patriot Act at the Supreme Court level and addresses the overbroad scope of the prohibition on "material support" to listed terrorist organizations, which effectively criminalizes peacebuilding programs of U.S. organizations in conflict zones around the world. 

March 1, 2010 Event: Civil society, Security and Aid Post-9/11: Challenges, Tensions and Dilemmas

Date: 
February 12, 2010

On March 1, 2010, the Charity and Security Network held a reception and discussion based on a new book Civil Society Under Strain; Counter-Terrorism Policy, Civil Society and Aid Post 9/11(Kumarian Press). The books editors, Jude Howell and Jeremy Lind of the London School of Economics Civil Society Centre will provide their analysis on how nonprofits and aid agencies can engage in security debates and respond to security initiatives in a way that does not compromise their own priorities and principles.

Excerpts from January 2010 Speech by Daniel Benjamin, State Department Coordinator for Counterterrorism

Date: 
February 12, 2010

On Jan. 13, 2010, Daniel Benjamin, the State Department Coordinator for Counterterrorism, delivered the keynote address at a CATO Institute event, The Obama Administration's Counterterrorism Policy at One Year. He spoke about several elements of the President’s counterterrorism strategy, the attempted Christmas Day bombing and terrorist recruitment techniques here and abroad. During his speech, and in the question and answer period that followed, he also shared his thoughts about the "radicalization" process and issues U.S. nonprofits have been wrestling with since 9/11, including the negative impact of anti-terror financing laws. Here are excerpts from his remarks addressing (emphasis added):

Report: Guide to Nongovernmental Organizations for the Military

Date: 
February 1, 2010

Hours after the devastating January 2010 earthquake in Haiti, both the U.S. military and American and international NGO community were en route to the island country with urgently needed food, water and medical supplies. The crisis in Haiti serves as an example of how disaster relief missions often bring military and NGOs actors together. To improve cooperation with NGOs working in humanitarian relief operations and to establish “social, economic, and political domestic order in the short-term, and in the longer term… conditions for a sustainable peace,” the Department of Defense published the Guide to Nongovernmental Organizations for the Military: A primer for the military about private, voluntary, and nongovernmental organizations operating in humanitarian emergencies globally (Guide) in July 2009. 

Legal Roadblocks for U.S. Famine Relief to Somalia Creating Humanitarian Crisis

Date: 
January 27, 2010

The unfolding crisis in Somalia illustrates a common dilemma U.S. nonprofits face when trying to conduct humanitarian operations in territory controlled by an organization listed as a Specially Designated Global Terrorist (SDGT). The humanitarian imperative to provide urgently needed food to nearly one million people in an area controlled by al-Shabab, a listed SDGT, conflicts with the “strict liability” standard against supporting terrorists that even has State Department employees fearing sanctions from Treasury. Now the United States government (USG) response to the famine in Somalia is forcing it to confront the same onerous hurdles current national security laws create for nonprofits.    

Study: Anti-Terror Lessons of Muslim-Americans

Date: 
January 15, 2010

“Religiously conservative Muslim-Americans are just as vehement in denouncing violence,” says a January 2010 research project finding “Muslim-American communities strongly reject radical jihadi ideology.” Analyzing the scope of terrorist violence by Muslim-Americans since 9/11 and the campaign of “positive steps that help prevent radicalization within their communities,” a trio of North Carolina state professors concluded the number of radicalized Muslim-Americans in the United States remains small. The authors recommend the government augment the activities already taking place in Muslim-American communities that reduce the threat of domestic terrorists.

Book: Civil Society Under Strain Includes Chapter on U.S. by CSN Staff

Date: 
January 15, 2010

A January 2010 book is the first comprehensive examination of the restrictive and punitive impact from counterterrorism legislation on nonprofits since 9/11. Civil Society Under Strain; Counter-Terrorism Policy, Civil Society and Aid Post 9/11 (Kumarian Press) describes the threats organizations conducting humanitarian operations around the world are subjected to by unjust or overbroad anti-terror laws. Each chapter is authored by nonprofit experts or scholars, presenting the common, shared and unique challenges for nonprofits in countries such as the United States, Sri Lanka, Australia and former Soviet republics like Uzbekistan and Kyrgyzsta. The chapter describing counterproductive counterterrorism laws that restrict U.S. nonprofits is written by Kay Guinane and Suraj K. Sazawal of the Charity and Security Network.  The book was edited by Jude Howell and Jeremy Lind, both distinguished researchers at the London School of Economics.

UPDATED: Treasury Data Shows Charities Not Significant Source of Terrorist Support

Date: 
January 8, 2010

There is debate over how much of a threat charities (and U.S. charities in particular) pose to national security. In public statements and meetings with the Treasury Guidelines Working Group, Treasury has made broad statements charging the charitable sector with being a significant source of terrorist financing and support. But evidence to support these claims has not been forthcoming. As a result, there has been significant disagreement between Treasury and the nonprofit sector on the extent and nature of the relationship between charities and terrorists. The issue is highlighted by the fact that Treasury's Annex to the Guidelines only cites examples of foreign charities.