Amnesty och statliga medel, Acceptance of funds related to government - discussionpaper Underlag till styrelsemöte 1-2 september 1997

97.11.20 OBS! Ej kompletterat efter AU

Till: styrelsen
Från: A-utskottet
Datum: 7 november 1997



Acceptance of funds related to government - discussionpaper

General rules for acceptance of funds

In the revised guidelines for the acceptance of funds and fund-raising by Amnesty International of 15 April 1997 (FIN 21/01/97) it is stated that:

No donation from national governments may be accepted by any constituent body of Amnesty International

This general and unconditional restraint is motivated by the requirement that:

Amnesty International is and must remain, and be seen to remain, an independent and impartial organisation

This rule has been a prerequisite from the beginning for the work of Amnesty International to be effective, and it was further tightened as a result of decision 9 of the 1987 ICM, which prohibited governmental funding also for relief. The Swedish Section had argued against this standpoint in the 1980's, seeing that a substantial amount of relief was channelled through the Swedish Amnesty Fund. After 1987 no such funds have been accepted.

An attempt by the Danish Section at the 1993 ICM to establish an exception which would make it possible to accept money for human rights education and relief was rejected by a large majority.

Acceptablility of benefits other than direct grants

It is now firmly established that Amnesty International does not accept funds directly from governments or governmental agencies. However, there are certain kinds of indirect support which are accepted, for instance;

- tax exempt status;

- possibilities for conscientious objectors to work for AI in lieu of military service;

- subsidized employment schemes;

- sponsorship by e.g. government-owned airlines;

- free use of facilities such as meeting rooms etc., and;

- grants from national lotteries.

The source of the benefits can be governments, governmental agencies, legislatures, local authorities, local government, intergovernmental organisations or the judiciary. Sections must report, in their annual reports to the IEC, any indirect benefits received (FIN 21/01/97, section 5-6).

Another type of indirect support not included in the guidelines is cases when a section works together with other NGOs, partly funded by government, for aims which are the aims of Amnesty International.

Questions for discussion

1. Availability of indirect benefits

In the examples given above, the acceptability must be decided on the grounds of there being a risk that Amnesty International's independence or seeming independence can be jeopardized. One criterion is whether the indirect benefit is available to other organisations.

- Is this criterion enough?
- Can it be applied also on direct grants?

2. Magnitude of indirect support

Is it relevant for the acceptability that the indirect support is very small compared to the overall budget of the section or body? For example, does it make a difference if there are a couple or fifty people with subsidized employment schemes working for the section?

3. Organisations for cooperation

Given that a section may cooperate with other NGOs on various issues within the mandate of Amnesty International

- are we restricted to working only with those organisations which do not accept governmental funds?

- What if we are to work on a project with e.g. a childrens ombudsman (i.e. a coalition-partner closely connected to the government) and the latter is funding that project - is it possible for Amnesty International to enter the project?

4. Amnesty International as part of coalitions

In the early 1990s the Swedish Section was not permitted to have a member on the board of a foundation established by Swedish NGOs, which was intended to promote general human rights, in Sweden and abroad. The reason was that the foundation was funded largely by the government. On the other hand, the IEC now seems to accept the participation of the Swedish Section in a coalition set up to give advice to asylum seekers, whose members (except Amnesty International) accept governmental grants, and the coalition itself may accept such funds. Apart from its advisory function this entity regularly investigates and brings to the UN Committee against Torture (CAT) refugee cases, which entails criticizing the Swedish government. The function of the two bodies referred to in this passage are further explained in an attachment.

- Do these cases differ, or has there been a change of interpretation of the general rule?
- Does it make a difference if it is a "one-way" coalition, i.e. it does not contribute, economically or else, to Amnesty International?

5. Distance from governmental source

The indirect benefits may be channelled through more than one organisation.

- Is the degree of indirectness relevant when judging the acceptability?


6. Pragmatism vs radicalism

It is a well established fact that under no circumstances does Amnesty International accept governmental funds for its oppositional work. Can the organisation then be more pragmatic in accepting indirect support?"


7. Future guidelines

- Is it possible to create some sort of check-list to make it easier for future decisions concerning acceptance of funds, e.g:

a) Can this grant be used as means of control?

b) Can this grant be turned against, and discredit, Amnesty International (or a specific project)?

c) Is it a grant given to a coalition that people closely connect with Amnesty International, even if there are several other coalition-partners?

Bilaga

The Swedish NGO Foundation for Human Rights

The Swedish NGO Foundation for Human Rights is a politically and religiously independent non-profit organization complementing the work of NGOs supporting human rights in developing countries. It was set up in January 1992 by six Swedish NGOs: the Swedish section of Al, Church of Sweden Aid (Lutherhjälpen), Church of Sweden Mission, Diakonia, The Swedish Red Cross and Swedish Save the Children (Rädda Barnen). The Foundation is governed by a Board of Directors representing the six founding organizations. The Foundation is jointly financed by the Swedish International Development Cooperation Agency (Sida) and by the founding organizations.


According to the statutes of the Foundation, it will fulfil its purpose by:

- supporting individuals and organizations who work for the protection of human rights through out the world,

- working for education and information about human rights in Sweden and abroad,

- pursuing and promoting education about the development of human rights,

- pursuing and supporting education about human rights, and

- distributing subscriptions to individuals and organizations who works for human rights in different parts of the world and by financing own initiatives within the area of human rights.


The Foundation is funded by:

- the founding organizations contribution to the initial capital (a total sum of 300 000 SEK (Above this the founding organizations can give annual contributions),

- subscriptions/subsidies from authorities, organizations, funds i.e.,

- yields from the assets of the Foundation.


The Foundations income during 1996:
State subsidies through Sida 10 772 000 SEK
Founding organizations 1100 000 SEK
Other 27 000 SEK
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TOTAL 11. 899. 000 SEK

(during 1996 98,7% of the income was spent)

The Swedish Refugee Advice Centre

The Swedish Refugee Advice Centre (SRAC) was set up in 1991 by the Swedish section of Al, Swedish Save the Children (Rädda Barnen) and the Swedish Refugee Council. In 1995 the founding organizations together with Caritas and the Swedish Church turned the SRAC into a non-profit-making association. SRAC is governed by a Board of Directors representing the five member organizations.

- SRAC cooperates with UNHCRs Regional Office for the Baltic and Nordic Countries in
questions concerning asylum,

- SRAC is a member of ECRE; European Council on Refugees and Exiles,

- SRAC gives advice to asylum-seekers,

- SRAC gives legal advice concerning Swedish legislation in the organizations field of operation,

- SRAC distributes information about the situation in certain countries that are relevant for asylum-seekers,

- SRAC reviews the interpretation and application of national and international law,

- SRAC puts together substratums to facilitate the member organizations work with information and promotion of questions concerning national and international law relevant for refugees, and

- SRAC participates in courses and seminars


Funding:

Above the intitial capital of 683 000 SEK, the SRAC is funded by (1996):

Member fees 300 000 SEK
Swedish Section of AI 150 000 SEK
Swedish Save the Children 440 000 SEK
Swedish Church 990 000 SEK
UNHCR 292 000 SEK
Other 290 000 SEK
TOTAL 2. 462. 000 SEK

(The City of Stockholm has given a subsidy of 200000 SEK for 1997)