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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
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Legal status
- Non-negotiated soft law
- Document type
- Special Procedures' report
- Year
- 2013
- Document code
- A/HRC/23/39
Document
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. 8
- Paragraph text
- The ability to seek, secure and use resources is essential to the existence and effective operations of any association, no matter how small. The right to freedom of association not only includes the ability of individuals or legal entities to form and join an association but also to seek, receive and use resources - human, material and financial - from domestic, foreign, and international sources.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2013
Paragraph
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. 9
- Paragraph text
- Legal frameworks and policies related to resources have a significant impact on the freedom of association; they can strengthen the effectiveness and facilitate the sustainability of associations or, alternatively, subjugate associations to a dependent and weak position. Moreover, for associations promoting human rights, including economic, social and cultural rights, or those involved in service delivery (such as disaster relief, health-care provision or environmental protection), access to resources is important, not only to the existence of the association itself, but also to the enjoyment of other human rights by those benefitting from the work of the association. Hence, undue restrictions on resources available to associations impact the enjoyment of the right to freedom of association and also undermine civil, cultural, economic, political and social rights as a whole.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Equality & Inclusion
- Health
- Person(s) affected
- N.A.
- Year
- 2013
Paragraph
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. 10
- Paragraph text
- The term "resources" encompasses a broad concept that includes financial transfers (e.g., donations, grants, contracts, sponsorships, social investments, etc.); loan guarantees and other forms of financial assistance from natural and legal persons; in-kind donations (e.g., contributions of goods, services, software and other forms of intellectual property, real property, etc.); material resources (e.g. office supplies, IT equipment, etc.); human resources (e.g. paid staff, volunteers, etc.); access to international assistance, solidarity; ability to travel and communicate without undue interference and the right to benefit from the protection of the State.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2013
Paragraph
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. 11
- Paragraph text
- Due to word limit constraints, this section will primarily deal with the issue of financial resources, including monetary transfers, in-kind donations and other forms of financial assistance (hereinafter "funding"). The report covers financial resources provided by natural and legal persons, whether domestic, foreign or international, including individuals; associations, whether registered or unregistered; foundations; governments; corporations and international organizations (including United Nations funds and programmes).
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2013
Paragraph
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. 12
- Paragraph text
- In recent years, civil society actors have been facing increased control and undue restrictions in relation to funding they received, or allegedly received. Combined with the global financial crisis that has compelled some donors to reduce funding, this situation has, in many instances, led to a decline in the number of associations and a decrease in or readjustment of the activities of existing ones, or in worst cases, to the extinction of some associations. This problem is not isolated and exists in all parts of the world, usually as a result of undue restrictions occurring when an association: (a) seeks; (b) secures; or (c) uses financial resources; and these measures aim, in many cases, to silence the voices of dissent and critics.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2013
Paragraph
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. 13
- Paragraph text
- This does not mean that associations do not have any obligations. Associations have to ensure that funds are used for the purposes intended and that they are transparent and accountable to their donors, according to the terms of their funding agreements. It is crucial that associations - like other sectors in society - work with integrity and ethically as a way of generating trust within the sector. In this regard, the Special Rapporteur refers to a number of civil society-led initiatives, such as the International Non-Governmental Organisations (INGO) Accountability Charter, which are valuable examples of the sense of responsibility shown by civil society actors.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2013
Paragraph
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. 14
- Paragraph text
- The Special Rapporteur believes domestic, foreign and international donors also have responsibilities. Donors should pay due attention to the local political, social and economic context in which associations operate, particularly associations working with grassroots communities, marginalized and vulnerable peoples, and on "unpopular" or cutting-edge issues. Donors should also respect the autonomy of civil society organizations so that associations can address the needs and concerns of the population. The Special Rapporteur deeply regrets that some domestic public donors exclusively fund associations which support Government policies, despite the fact that the right to freedom of association, which is an essential component of democracy, underlies a pluralism of views. The Special Rapporteur also invites donors to diversify funding beneficiaries, and when applicable, take appropriate action to support associations facing undue restrictions.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2013
Paragraph
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. 15
- Paragraph text
- Article 22 of the International Covenant on Civil and Political Rights (hereafter the Covenant) affirms that "everyone shall have the right to freedom of association with others, including the right to form and join trade unions for the protection of his interests." Article 6 (f) of the Declaration on the Elimination of All Forms of Intolerance and of Discrimination Based on Religion or Belief (General Assembly resolution 36/55) explicitly refers to the freedom to access funding, stating that the right to freedom of thought, conscience, religion or belief shall include, inter alia, the freedom "to solicit and receive voluntary financial and other contributions from individuals and institutions." On 21 March 2013, the Human Rights Council adopted resolution 22/6, in which it called upon States to ensure that reporting requirements "do not inhibit functional autonomy [of associations]" and "do not discriminatorily impose restrictions on potential sources of funding."
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2013
Paragraph
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. 16
- Paragraph text
- In communication No. 1274/2004, the Human Rights Committee observed that "the right to freedom of association relates not only to the right to form an association, but also guarantees the right of such an association freely to carry out its statutory activities. The protection afforded by article 22 extends to all activities of an association […]." Accordingly, fundraising activities are protected under article 22 of the Covenant, and funding restrictions that impede the ability of associations to pursue their statutory activities constitute an interference with article 22. Other United Nations treaty bodies have emphasized the obligation of States to allow civil society to seek, secure, and utilize resources, including from foreign sources. The Committee on Economic, Social, and Cultural Rights highlighted this issue when it expressed "deep concern" with Egypt's Law No. 153 of 1999, which "gives the Government control over the right of NGOs to manage their own activities, including seeking external funding."
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2013
Paragraph
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. 17
- Paragraph text
- The Declaration on Human Rights Defenders constitutes another relevant frame of reference: article 13 states that "everyone has the right, individually and in association with others, to solicit, receive and utilize resources for the express purpose of promoting and protecting human rights and fundamental freedoms through peaceful means, in accordance with article 3 of the present Declaration" (emphasis added). This provision is important because it makes no distinction between the sources of funding, be it from domestic, foreign or international sources. It is also essential because it makes clear that not only legally registered associations, but also individuals - and therefore associations which have no legal status, such as unregistered associations - are eligible to access funding. Although the Declaration is not a binding instrument, it must be recalled that it was adopted by consensus by the General Assembly and contains a series of principles and rights that are based on human rights standards enshrined in other international instruments which are legally binding. It is clear from this standpoint that the guiding principles it sets forth notably emanate from the provisions of article 22 of the International Covenant on Civil and Political Rights and can therefore be applied to other forms of associations, regardless of the goals they pursue. In the light of this reasoning, and taking due consideration of the provisions of the Covenant, which make no distinction between registered and unregistered associations, the Special Rapporteur underlines that legislation limiting foreign funding to registered associations only, as is the case in existing and draft legislation in Bangladesh, violate international human rights norms and standards pertaining to freedom of association. Furthermore, he recalls that the formation of associations should not be subject to a prior authorization procedure, but rather regulated by a system of notification that is simple, easily accessible, non-discriminatory and non-onerous or free of charge.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Year
- 2013
Paragraph
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. 18
- Paragraph text
- Despite these clear legal obligations that not only call upon States to avoid placing restrictions, but also to facilitate access to funding, civil society actors are in too many instances subject to regulations put in place to control, rather than enable access to funding. The Special Rapporteur underlines that freedom of association may be subject to certain restrictions only, which need to meet the provisions of article 22, paragraph 2, of the Covenant. He underscores again that freedom should be the rule, and restrictions the exception. He also underlines that one of the key principles of freedom of association is the presumption that the activities of associations are lawful.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2013
Paragraph
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. 19
- Paragraph text
- The Special Rapporteur notes with concern laws and practices that constrain civil society organizations from seeking, receiving or utilizing foreign funding. As will be detailed in the following section of the report, most of the justifications put forward by States to restrict foreign funding do not comply with article 22, paragraph 2, of the Covenant, which states that "no restrictions may be placed on the exercise of [the right to freedom of association] other than those which are prescribed by law and which are necessary in a democratic society in the interests of national security or public safety, public order (ordre public), the protection of public health or morals or the protection of the rights and freedoms of others." As will be repeatedly emphasized in this section, the conditions for any restriction are cumulative, that is, motivated by one of the above limited interests, have a legal basis and "necessary in a democratic society".
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Person(s) affected
- All
- Year
- 2013
Paragraph
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. 20
- Paragraph text
- Under international law, problematic constraints include, inter alia, outright prohibitions to access funding; requiring CSOs to obtain Government approval prior to receiving funding; requiring the transfer of funds to a centralized Government fund; banning or restricting foreign-funded CSOs from engaging in human rights or advocacy activities; stigmatizing or delegitimizing the work of foreign-funded CSOs by requiring them to be labeled as "foreign agents" or other pejorative terms; initiating audit or inspection campaigns to harass CSOs; and imposing criminal penalties on CSOs for failure to comply with the foregoing constraints on funding. The ability of CSOs to access funding and other resources from domestic, foreign and international sources is an integral part of the right to freedom of association, and these constraints violate article 22 of the International Covenant on Civil and Political Rights and other human rights instruments, including the International Covenant on Economic, Social and Cultural Rights.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2013
Paragraph
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. 21
- Paragraph text
- The Special Rapporteur also warns that the political environment, where for instance patriarchy, sexism and authoritarian regimes are structural challenges, can also unduly undermine access to funding to civil society. Furthermore, criminalization in certain countries of peaceful activities, such as protection of human rights, non-discrimination and equality or promotion of gender equality, can also make it difficult, if not impossible, for associations working on these issues to raise funds.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2013
Paragraph
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. 22
- Paragraph text
- One of the most common reasons used by governments to limit access to funding relate to security measures, including protection against terrorism and prevention of money-laundering. The crime of terrorism, which aims at the "destruction of human rights, fundamental freedoms and democracy, threaten[s] territorial integrity and security of States and destabiliz[es] legitimately constituted Governments", has devastating consequences and has caused tragic human suffering. The Special Rapporteur is aware that States have an interest in protecting "national security or public safety", which are legitimate grounds for restricting freedom of association, but he underscores that there is also need for States to comply with international human rights law while countering terrorism.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2013
Paragraph
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. 23
- Paragraph text
- Under the Covenant, any limitation must not only pursue a legitimate interest but also be "necessary in a democratic society." It is only when groups engage in the aforementioned confined activities that they can be labelled as a terrorist group. It is therefore a violation of international law for counter-terrorism or "anti-extremism" measures to be used as a pretext to constrain dissenting views or independent civil society. As highlighted by the Special Rapporteur on the promotion and protection of human rights while countering terrorism, "[s]tates shall not invoke national security as a justification for measures aimed at suppressing opposition or to justify repressive practices against its population. The onus is on the Government to prove that a threat to one of the grounds for limitation exists and that the measures are taken to deal with the threat." In order to meet the proportionality and necessity test, restrictive measures must be the least intrusive means to achieve the desired objective and be limited to the associations falling within the clearly identified aspects characterizing terrorism only. They must not target all civil society associations, as is regrettably the case in a new law against organized crime in Venezuela. Laws drafted in general terms limiting, or even banning funding under the justification of counter-terrorism do not comply with the requisites of "proportionality" and "necessity".
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2013
Paragraph
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. 24
- Paragraph text
- The Special Rapporteur also calls for sectoral equity, noting that commercial companies and other entities have been abused for terrorist purposes. He calls on States to avoid measures that disproportionately target or burden civil society organizations, such as imposing onerous vetting rules, procedures or other CSO-specific requirements not applied to the corporate sector writ large.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2013
Paragraph
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 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.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2013
Paragraph
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. 26
- Paragraph text
- Fundamentally, the Special Rapporteur believes civil society organizations play a significant role in combatting terrorism. By their direct connections with the population and their prodigious work in, inter alia, poverty reduction, peacebuilding, humanitarian assistance, human rights and social justice, including in politically complex environments, civil society plays a crucial role against the threat of terrorism. Unduly restrictive measures, which can lead donors to withdraw support from associations operating in difficult environments, can in fact undermine invaluable CSO initiatives in the struggle against terrorism and extremism, and ultimately have adverse consequences on peace and security.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Humanitarian
- Person(s) affected
- N.A.
- Year
- 2013
Paragraph
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. 27
- Paragraph text
- In recent years, the protection of State sovereignty or of the State's traditional values against external interference has also been increasingly invoked to restrict foreign funding or to launch slander offensives against those receiving foreign funding. Foreign funding to civil society has been deliberately depicted as a new form of imperialism or neo-colonialism and recipients have been subject to defamation, stigmatization and acts of harassment. This tendency has a serious impact on the work of civil society actors, not to mention their ability to access funding as it deters them from seeking foreign funding. This situation is particularly alarming for associations promoting human rights and democratic reforms who have been accused of "treason" or of "promoting regime change".
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2013
Paragraph
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. 28
- Paragraph text
- For instance, in the Russian Federation, a new law adopted in July 2012 requires foreign-funded non-commercial organizations engaging in "political activities" - which is broadly defined as attempts to influence official decision-making or to shape public opinion for this objective - to register as organizations "performing the functions of foreign agents", which in Russian is synonymous with "foreign spy". The adoption of this law has been followed up by a series of audits of organizations, including prominent human rights organizations. In Egypt, the State-owned press has campaigned against civil society organizations, branding them as foreign agents due to foreign funding that some of them allegedly received. In Ethiopia, legislation not only prohibits associations working in rights-based areas from receiving more than 10 per cent of their funding from foreign sources, but also requires associations to allocate at least 70 per cent of their budget to programme activities and no more than 30 per cent to administrative costs, which are broadly defined. The enforcement of these provisions has a devastating impact on individuals' ability to form and operate associations effectively, and has been the subject of serious alarm expressed by several United Nations treaty bodies. In the same vein, a law on associations, adopted in January 2012 in Algeria, prohibits associations from receiving funding from legations and foreign non-governmental organizations, unless a "cooperative relation duly established with the foreign entity" - subject to prior authorization from the relevant authorities - is in place. Serious concerns about this legislation were notably expressed by the Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression further to his mission to Algeria.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2013
Paragraph
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. 29
- Paragraph text
- It is paradoxical that some of the States stigmatizing foreign-funded associations in their own countries are receiving foreign funding themselves (in the form of loans, financing or development assistance), often in substantially greater amounts than that flowing to CSOs in their country. Others are the very same States providing funding to associations abroad, while rejecting foreign funding for associations in their own countries. But what is clear is that these new trends have a dramatic effect on civil society as they have not only resulted in restrictions to the enjoyment of freedom of association, but also led to further human rights violations.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2013
Paragraph
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. 30
- Paragraph text
- In order to analyse whether the limitation motivated by the protection of State sovereignty complies with international human rights law, it must first be explored whether it falls within one of the limited legitimate grounds for restrictions. The protection of State sovereignty is not listed as a legitimate interest in the Covenant. The Special Rapporteur emphasizes that States cannot refer to additional grounds, even those provided by domestic legislation, and cannot loosely interpret international obligations to restrict the right to freedom of association. In his view, such justification cannot reasonably be included under "the interests of national security or public safety" or even "public order". Affirming that national security is threatened when an association receives funding from foreign source is not only spurious and distorted, but also in contradiction with international human rights law.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- All
- N.A.
- Year
- 2013
Paragraph
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. 31
- Paragraph text
- Human Rights Council resolution 22/6 calls upon States to ensure that "that no law should criminalize or delegitimize activities in defence of human rights on account of the origin of funding thereto." Article 2 of the International Covenant on Economic, Social and Cultural Rights requires States to "take steps, individually or through international assistance and co-operation […] to the maximum of their available resources, with a view to achieving progressively the full realization of the rights recognized in the present Covenant". Coupled with article 11 of the same Covenant, which provides for States to "take appropriate steps to ensure the realization of this right, recognizing to this effect the essential importance of international co-operation based on free consent" (emphasis added), this means that States have the obligation to mobilize resources that are available within the society as a whole, but also to gather those that are available from the international community. Hence, restrictions on foreign funding under the guise of preservation of State sovereignty arguably constitute a violation of States' obligation to respect, protect and fulfil these rights, as it amounts to failure on the part of the State to maximize resources through international assistance and cooperation. This is also the sense of the Maastricht Guidelines on Violations of Economic, Social and Cultural Rights, which stipulate that violations of these rights notably include: "the adoption of legislation or policies which are manifestly incompatible with pre-existing legal obligations relating to these rights […]; the adoption of any deliberately retrogressive measure that reduces the extent to which any such right is guaranteed."
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2013
Paragraph
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. 32
- Paragraph text
- Protection of State sovereignty is not just an illegitimate excuse, but a fallacious pretext which does not meet the requirement of a "democratic society". The expression "democratic society" places the burden on States imposing restrictions to demonstrate that the limitations do not harm the principles of "pluralism, tolerance and broadmindedness". Associations, whether domestic- or foreign-funded, should therefore be free to promote their views - even minority and dissenting views, challenge governments about their human rights record or campaign for democratic reforms, without being accused of treason and other defamatory terms. Dissenting views should be seen by the authorities as an opportunity for dialogue and mutual understanding. The European Court of Human Rights in affirming this principle ruled that "an organisation may campaign for a change in the legal and constitutional structures of the State if the means used to that end are in every respect legal and democratic and if the change proposed is itself compatible with fundamental democratic principles."
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- All
- N.A.
- Year
- 2013
Paragraph
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. 33
- Paragraph text
- In addition to the fact that justification on the grounds of State sovereignty violates international norms and standards related to freedom of association, the Special Rapporteur is extremely concerned about increased denigration and unfounded accusations against individuals and organizations receiving foreign funding. Special procedures mechanisms have expressed their particular dismay about cases of vicious verbal attacks, intimidation, property damage, physical assaults and even criminalization against activists accused of having ties to a foreign entity, on the sole ground that they had allegedly received foreign funding (e.g. Azerbaijan, Uzbekistan). Allowing or inciting public discredit on individuals' or organizations' honour and reputation or inciting nationalist and xenophobic sentiment is likely to cause associations to engage in self-censorship and, more gravely, to incite hatred and fuel further human rights violations.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Activists
- Year
- 2013
Paragraph
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. 34
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- Finally, the Special Rapporteur is concerned that in most cases, States which restrict or stigmatize foreign funding under the guise of preservation of sovereignty are also those which limit access to domestic funding or which subject associations to discriminatory treatment due to the thematic area they focus on. Where domestic funding is scarce or unduly restricted, it is critical for associations to be free to rely on foreign assistance in order to carry out their activities. The Special Rapporteur recalls again that "governments must allow access by NGOs to foreign funding as a part of international cooperation to which civil society is entitled, to the same extent as Governments". He believes that States must demonstrate a change in mentality by highlighting that funding associations contribute to the development of a flourishing, diversified and independent civil society, which is characteristic of a dynamic democracy.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2013
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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. 35
- Paragraph text
- Restrictions to funding are also regularly justified by the need to ensure greater transparency and accountability within the civil society sector. Combatting fraud, embezzlement, corruption, money-laundering and other modes of trafficking is legitimate, and may qualify as being in the "interests of national security, public safety, or public order". Nevertheless, it is not sufficient to simply pursue a legitimate interest, limitations need also to be prescribed by law and "be necessary" in a democratic society. In this regard, limitations must be proportionate to the interest to be protected and must be the least intrusive means to achieve the desired objective. In this respect, several legislations or practices unduly restrict the ability of associations to access funding since other less intrusive measures exist to mitigate the risk.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2013
Paragraph
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. 36
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- For instance, the obligation for associations to route funding through state channels; to report on all funds received from foreign sources and how these are allocated or used (e.g. Kyrgyz Republic); to obtain authorization from the authorities to receive or use funds (e.g. Jordan, Sudan) all constitute human rights violations. In some cases, not only does legislation providing for an authorization procedure not comply with international law, but the implementation of such strict provisions is also problematic For example, in Bangladesh, a human rights association encountered arbitrary delays greatly in excess of the legal 45-day period before receiving a response to an application for project approval from the NGO Affairs Bureau; in Egypt, a women rights association was granted approval for funding seven months after its request, which was far beyond the 60 days prescribed by law. In some other cases (e.g. Azerbaijan, Uganda, Zimbabwe), activists were subject to intimidation and sometimes physical assault aimed at forcing them to provide the names of their funding partners.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Women
- Year
- 2013
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