A/HRC/23/39 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.14 29. 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. 30. 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. 31. 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.15 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.”16 32. 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 14 15 16 10 A/HRC/20/17 Add. 1 paras. 83-86; see also CEDAW/C/DZA/CO/3-4, para. 19. See Audrey Chapman and Sage Russell (eds.), Core Obligations: Building a Framework for Economic, Social and Cultural Rights (Antwerp, Intersentia, 2002). Maastricht Guidelines on Violations of Economic, Social and Cultural Rights (Maastricht, 22-26 January 1997), para. 14 (d) and (e); see also the Limburg Principles on the Implementation of the International Covenant on Economic, Social and Cultural Rights (1986), para. 72.