A/HRC/34/52
per cent of communications respectively (99 cases involved Europe and Central Asia and
109 involved Africa).
Summary of communications sent
2014
2015
2016
Asia and Pacific Region
80 (35%)
66 (32%)
ca 76 (30%)
The Americas
49 (21%)
41 (20%)
ca 41 (16%)
The Middle East and North Africa
37 (16%)
34 (16%)
ca 57 (23%)
Europe and Central Asia
37 (16%)
32 (15%)
ca 30 (12%)
Africa
26 (11%)
34 (16%)
ca 49 (19%)
37.
While these figures allow some trends to be discerned, it is important to bear in
mind that they do not reflect cases not covered by the mandate. Many defenders and their
families are unaware that they can contact the Special Rapporteur and, given the urgency of
the situations concerned, they sometimes prefer to turn to mechanisms or organizations that
provide very short-term solutions.
38.
As the Special Rapporteur has mentioned in his previous reports, he is very
concerned about the recurrent and systemic weaknesses of the current communications
mechanism. This mechanism, which many defenders consider to be their last resort, is
severely hampered by the lack of cooperation of States that fail to reply to letters or send
incomplete replies. These challenges are exacerbated by the fact that there are insufficient
human resources to manage the ever-growing number of requests and to establish
appropriate follow-up. At the present time, and despite enhanced cooperation between the
teams supporting the Special Rapporteurs, it is possible to address only a limited number of
requests to act on behalf of threatened defenders. Difficult choices must be made every day
as there is insufficient capacity to respond to some urgent appeals. This is not acceptable.
39.
Moreover, many people who submit files are informed that their claim is being
considered only by an automatic e-mail acknowledging that it has been received. These
individuals are then given no further information about how their claim will be processed
and may remain in a state of uncertainty for weeks. Without breaking with the principle that
communications between the mandate holder and the States concerned should remain
confidential, it seems essential that both qualitative and quantitative improvements should
be made to the system. Aware that such a change would go well beyond his mandate, the
Special Rapporteur would like to consider it together with other mandate holders and with
the support of the Office of the High Commissioner for Human Rights in order to respond
to the expectations and needs of thousands of people on the ground.
40.
For the reasons given above, and in view of a possible second mandate, the Special
Rapporteur intends to carry out an analysis of communications and to propose ways of
dealing with them. He also intends to examine the role that national actors, such as national
human rights institutions or ombudsmen, can play in follow-up to communications. In
addition, he plans to more systematically follow up on the communications sent to States
and to send repeated reminders to countries that do not reply, or give unsatisfactory replies,
to communications received.
41.
Lastly, over the course of his discussions with persons on the ground, the Special
Rapporteur came to realize that his reports on communications were largely passing
unnoticed and were seldom used by defenders and the various stakeholders involved in
protecting them. The Special Rapporteur therefore plans to take steps to ensure that these
reports, whose contents are highly instructive, are made more accessible to key
stakeholders. To that end, he intends to give thought to the question of how to improve the
GE.17-00986
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