By Mariz Tadros Saadeddin Ibrahim's predicament has reminded NGOs that their relationship with the government is not only governed by an NGO Law, be it Law 153 of 1999, which was declared unconstitutional, or its predecessor, Law 32 of 1964. There is also a military decree, issued in 1992, to contend with. This decree prohibits any individual or institution from collecting or receiving funds without the permission of the Ministry of Social Affairs. Those who do not have this permission must furnish the ministry, within 15 days, with information concerning the amount received and how it is to be used.
Violators face a minimum jail sentence of seven years.
Ibrahim was taken into custody on the authority of this decree, as well as Penal Code provisions. Activists are prone to being arrested and accused of receiving funds without prior official permission. He explained that since Law 153 of 1999 was declared unconstitutional, Law 32 of 1964 was brought back to life and it will govern applications from registered NGOs to receive foreign funding. As for non-profit civil companies, they will have to seek permission from the ministry before accepting foreign funds. The military decree is applicable to NGOs that are registered as civil companies and those who have applied for registration and have not been accepted yet, but not to those previously registered with the ministry, he said.