Restriction of getting financing, particularly foreign one, are used more and more often by governments that seek to silence human rights defenders.This obstacle affects a growing number of defenders of fundamental freedoms around the world, and not only violates the generally accepted standards of human rights, but actually undermines the efforts of civil society in the promotion and protection of human rights and the right to free voice and protection to the victims of human rights violations.

Annual Report 2013created by Observatory for the Protection of Human Rights Defenders, a joint program of the World Organisation Against Torture (OMCT) and the International Federation for Human Rights (FIDH), provides a comprehensive overview of violations of NGOs rights in accessing funding through a variety of constraints imposed by the states. The report provides a detailed analysis of such violations as constituent parts of the still poorly understood problem, which is confirmed by specific examples from 35 countries.

Rights of non-governmental organizations to access funding is an integral part of the right to freedom of association.The access to funding and resources is very important, as without it the daily work of NGOs is really difficult. In some countries, the impact of such laws and practices lead to devastating consequences for a democratic society.

From the practice of countries in Eastern Europe and Central Asia, the report cited Belarusian law that prohibits NGOs to have bank accounts abroad and the use of so-called “unauthorized” financing is subjectув to criminal prosecution.These provisions were adopted after the FIDH Vice-President and the head of the Belarusian human rights organisation “Viasna” Ales Bialiatski was sentenced to 4.5 years in prison for the fact that he continued to receive funds for the human rights activities in his country through accounts situated abroad.

“We want to protect NGOs. There are new models of repression, accompanied by a global backlash, intensified attacks on human rights defenders, who are presented as some foreign agents engaged in illegal activity under the influence of their international relations. This is a new argument – including the very idea of international support, including financial support, to restrict the activities of NGOs. This is unacceptable. In this annual report, we would like to define a new framework for discussing generally accepted work in the field of human rights,” stated Gerald Staberok, Secretary General of OMCT. 

“Restrictions for funding are often built in the context of parallel strengthening of repression, and restrictive laws in combination with smear campaigns and prosecution of human rights defenders create openly hostile environment for their activities. These barriers of NGO funding, raised by authoritarian states, are one of the most serious systemic problems faced by human rights defenders today “, added Souhayr Belhassen, President of FIDH.

In addition, as stressed by Maina Kiai, the Special Rapporteur of the United Nations on the right to freedom of peaceful assembly and of association, in the preface to the report: “The theme of this annual report of the Observatory is very crucial.Recently, we have seen increased stigmatization and undue restrictions on access to funding and resources for civil society organizations in order to suppress any form of criticism, especially in regard to those who are calling for democratic reforms and ensure accountability for human rights violations.”

Based on the legal framework regarding the right to access to finance, which started to appear in court and practice law on the matter, the report aims to promote the in-depth analysis of the impacts of these restrictive measures and provide guidance to all participants – the recipient, the sponsor, governments and intergovernmental organizations.

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