In the three days since Israel passed a law mandating new reporting requirements for NGOs that are primarily funded by foreign governments, there’s one question I have yet to hear any of its critics answer. If, as they stridently claim, there’s absolutely nothing wrong with NGOs getting most of their funding from a foreign government, then why would simply being required to state this fact in all their publications exercise a “chilling effect” (the U.S. State Department) or “stigmatize” them (the New Israel Fund) or result in “constraining their activities” (the European Union)?
The obvious answer is that the critics know perfectly well it isn’t alright: An organization that gets most of its funding from a foreign government isn’t a “nongovernmental” organization at all, but an instrument of that government’s foreign policy. In fact, with regard to the EU, that’s explicit in itsfunding guidelines: For an Israeli organization that conducts activities in the territories to be eligible for EU funding, it must comply with EU foreign policy on the Israeli-Palestinian conflict. This, incidentally, also explains why 25 of the 27 organizations affected by the law are left-wing: The far-left is the only part of Israel’s political spectrum that shares Europe’s opinions on the conflict, and hence, that Europe is willing to fund.
Yet if an organization is an instrument of a foreign country’s foreign policy, it’s very hard to argue that it’s an objective “human rights organization,” as the organizations in question bill themselves. Rather, it’s an overtly political organization that seeks to pressure Israel into adopting the foreign government’s preferred policies. And making this known definitely could be “stigmatizing,” in the sense that Israelis might be less willing to trust an organization’s assertions once they realize it has a not-so-hidden policy agenda that could be influencing its reports.
That, however, is precisely why Israelis have a need and a right to know where these organizations’ funding is coming from–especially given this funding’s sheer scale. And it’s also why there’s nothing remotely undemocratic about the law, as explained in depth by legal scholar Eugene Kontorovich here.