A/HRC/23/39 Rapporteur also invites donors to diversify funding beneficiaries, and when applicable, take appropriate action to support associations facing undue restrictions. B. International legal framework related to the ability to access financial resources 15. 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.” 16. 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 […].”3 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.” 4 17. The Declaration on Human Rights Defenders 5 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 3 4 5 6 Human Rights Committee, communication No. 1274/2004, Korneenko et al. v. Belarus, Views adopted on 31 October 2006, para. 7.2. See also CAT/C/BLR/CO/4, para. 25; CERD/C/IRL/CO/2, para. 12; A/55/38, para. 155; CRC/C/MWI/CO/2, para. 25. General Assembly resolution 53/144, annex.