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.
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