Protecting charities from terrorist abuse

Charities and other non-profit organizations (NPOs) intend to fulfil important social functions and serve the public. Yet they could be used as a cover by terrorists to secure access to funds and resources. How can governments enforce policies to counter terrorism without undermining the valuable work done by NPOs?

Relations between the state authorities and civil society vary across the OSCE region. In many countries regulatory constraints and suspicion on the part of state authorities make it challenging for NPOs to operate. Their ability to interact with foreign counterparts and receive funds from abroad is a particular point of sensitivity.

Some countries’ laws have been criticized for using the pretext of countering terrorism and its financing to impose undue restrictions on the freedoms of association and expression, or on the freedom of religion or belief. In other cases such laws have been used to curb the operations of NPOs altogether.

Representatives of civil society point to several barriers to the activities of NPOs, for example, in the form of overly strict registration and reporting requirements.

The threat of terrorist abuse of NPOs is real but low. Paradoxically, NPOs can often be crucial in the fight against terrorism since they may work to tackle the conditions that are conducive to this serious crime.

The challenge for States is how to design and implement legislation and policies to combat terrorism without infringing on the freedom of association and the right of NPOs to access funding and carry out activities.

We encourage states to first study what they are dealing with and make their measures adequate to what they conclude as the results of their study, so that these measures are proportionate to the risks.

 Svetlana Martynova, Legal Officer, United Nations Counter-Terrorism Committee Executive Directorate

Hear from three experts, Svetlana Martynova, a Legal Officer at the UN Counter-Terrorism Committee Executive Directorate, Nigel Tarling, of the Charity Commission for England and Wales, and Peter Romaniuk, Senior Non-Resident Fellow at the Global Center on Cooperative Security, working to support governments in navigating a tricky balance on how to effectively counter terrorism without undermining the useful work done by NPOs.