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15 Int'l J. Not-for-Profit L. 61 (2013)
Maina Kiai's Second Thematic Report Focused on Foreign Funding Restrictions

handle is hein.journals/ijnpl15 and id is 153 raw text is: International Journal of Not-for-Profit Law/vol. 15, no. 2, December 2013/61 Article Maina Kiai's Second Thematic Report Focused on Foreign Funding Restrictions Gabrielle Gould' On May 30, 2013, UN Special Rapporteur Maina Kiai presented his second thematic report to the United Nations Human Rights Council. The report focuses on the ability of civil society organizations (CSOs) to seek, secure, and utilize financial resources from international, foreign and domestic sources. The report also outlines practical guidelines to facilitate peaceful assemblies. In this article, we provide a synopsis of the first section of the report dealing with access to resources. The synopsis is followed by an appendix of select statements presented by States during the clustered interactive dialogue as well as links to other relevant references. Freedom of Association and Access to Resources 1. The Ability to Seek, Receive and Use Resources Is an Integral Part of the Freedom of Association The UN Special Rapporteur states the general principle as follows: 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. Report of the Special Rapporteur on the rights to freedom of peaceful assembly and of association, Maina Kiai, para. 8, U.N. Doc. A/HRC/23/39 (24 April 2013). Moreover, he calls upon States: To ensure that associations - registered and unregistered - can seek, receive and use funding and other resources from natural and legal persons, whether domestic, foreign or international, without prior authorization or other undue impediments, including from individuals; associations, foundations or other civil society organizations; foreign Governments and aid agencies; the private sector; the United Nations and other entities. Id. para. 82(b). The UN Special Rapporteur also addressed the impact of funding restraints on other fundamental rights and freedoms: 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. 1 Gabrielle Gould, a summer intern at the International Center for Not-for-Profit Law, is a JD / MSFS Candidate 2016 at Georgetown University.

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