A/HRC/22/47
76.
The Special Rapporteur is of the view that national institutions should be mandated
to receive and consider individual complaints, including visiting detention centres. In
addition, institutions should have a specific protection programme to address the situation
and allegations of violations against human rights defenders. Further observations in this
regard are provided in Chapter IV.
6.
Protection of national institutions against attacks, harassment, threats and
intimidation
77.
The Special Rapporteur is aware that members and staff of national institutions face
different levels of harassment and intimidation by State and non-State actors due to their
human rights-related work. As stated above, she has been apprised of cases in various
instances and has acted upon them. Moreover, responses to the questionnaire also contain
information that confirms this trend, which is a source of great concern to the Special
Rapporteur.
78.
It is reported that members and staff working for national institutions have faced
attacks, including armed attacks, while conducting investigations (the Philippines),
including by members of the police (Panama). In other instances, they have been attacked
and threatened by private individuals who come to enquire about their services (Canada,
South Africa). Members and staff of institutions have also been harassed and intimidated by
members of the Government or other branches of the State. In one instance, a
Commissioner was summoned by the Supreme Court and in another instance suspended by
the Attorney General’s Office in connection with their work (Afghanistan).
79.
There are also instances of reported retaliation against staff working for national
institutions in the form of administrative and legal actions against them, such as an
inspection by tax authorities or retention of salaries, or legal action on the part of private
businesses immediately after an enquiry (Hungary).
80.
National institutions report that they use the existing channels to raise situations of
threats, harassment and intimidation towards their staff, including the corresponding
complaint with the police or relevant authority. Some indicate that they resort to the
highest levels of Government to try to dilute tensions.
81.
The Special Rapporteur welcomes steps taken by the Canadian Human Rights
Commission, which conducted a Threat and Risk Assessment in 2008 and has reportedly
implemented various measures to guarantee the security of its staff, including access
control through card-activated locks to all its offices; live monitoring; full-time security
guards; panic buttons connected to the police; and self-protection and risk awareness
training for staff.
82.
In addition, the legal framework of the Canadian Commission includes a provision
to consider it a discriminatory practice on the part of a person against whom a complaint
has been filed, or any person acting on their behalf, to retaliate or threaten retaliation
against the individual who filed the complaint or against the alleged victim. Under the
regulatory act, any person who threatens, intimidates or discriminates against an individual
who has made a complaint is guilty of an offence and liable on summary conviction to a
fine not exceeding $50,000.
83.
The Special Rapporteur believes that members and staff of national institutions
should be aware of the risks that their work could entail and should be properly equipped
and trained to face such risks. In addition, specific provisions and resources should be
made available in order to provide them with adequate protection if needed.
14
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