Ability of associations to access financial resources as a vital part of the right to freedom of association & Ability to hold peaceful assemblies as an integral component of the right to freedom of peaceful assembly 2013, para. 25
Paragraph
Paragraph text
The Special Rapporteur notes a set of standards developed by the Financial Action Task Force (FATF), an intergovernmental body established in 1989, which specifically addresses the issue of money-laundering and terrorist financing. FATF Recommendation 8 (formerly Special Recommendation VIII) on non-profit organizations recommends that "countries review the adequacy of laws and regulations [to ensure] entities are not abused for the financing of terrorism." The Special Rapporteur underlines -as does an instructive World Bank working paper analysing FATF's response towards financing terrorism -, that very few, if any, instances of terrorism financing have been detected as a result of CSO-specific supervisory measures; "rather it is financial intelligence that is essential." Recommendation 8 does not adequately take into account that States already have other means, such as financial surveillance and police cooperation, to effectively address the terrorism financing threat. Moreover, FATF fails to provide for specific measures to protect the civil society sector from undue restrictions to their right to freedom of association by States asserting that their measures are in compliance with FATF Recommendation 8. The Special Rapporteur insists on the need to combat terrorism, but he warns against the implementation of restrictive measures - such as FATF Recommendation 8 - which have been misused by States to violate international law.
Legal status
Non-negotiated soft law
Body
Special Rapporteur on the rights to freedom of peaceful assembly and association
Document type
Special Procedures' report
Means of adoption
N.A.
Topic(s)
Governance & Rule of Law
Person(s) affected
N.A.
Year
2013
Paragraph type
Other
Reference
SR Freedom of Assembly, Report to the HRC (2013), A/HRC/23/39, para. 25.