A/HRC/22/34/
31.
Mr. Shire Sheikh Ahmed emphasized that primary responsibility for responding to
acts of intimidations and reprisals lay with the State, which should conduct investigations,
persecute perpetrators and offer remedies to victims. However, this obligation had rarely
been fulfilled. Therefore practical responses to assist victims had been developed within
civil society, drawing largely on the work of existing organizations and networks that
supported human rights defenders who faced threats as a result of their work, such as
temporary evacuation and relocation, trial observation, legal assistance, practical security
measures as well as public and private advocacy to raise awareness of violations or to seek
solutions through private dialogue. These were equally relevant in cases of reprisal
specifically related to cooperation with the United Nations. These responses were, however,
limited when States were unwilling or unable to intervene positively. In this context he
pointed out the contribution of networks in responding to and preventing reprisals.
32.
With regard to recommendations, Mr. Shire Sheikh Ahmed highlighted two main
areas for concrete action; in sustained follow-up on cases, and in the promotion of greater
coordination and cooperation for both the prevention and responses to cases of intimidation
and reprisal. Regarding follow-up, the issue should be discussed on a regular and timely
basis by the Human Rights Council. The report of the Secretary-General on reprisals should
be presented in an annual dedicated discussion during a Council session. This would give
States concerned the opportunity to give feedback on the steps that they have taken to
investigate and take appropriate action in response to allegations. Furthermore it was
important that cases were not allowed to drop off the agenda simply because there has been
no response to communications or other follow-up by the States concerned. Reference
should therefore continue to be made in the report of the Secretary-General each year to any
allegations that remain unresolved. If there were no substantive updates to be made on
cases, they could be listed in an annex. In addition, an accurate and accessible record of the
status of cases could be established through a central database or online registry managed
by OHCHR, which would log communications sent, responses received or other follow-up
actions. Lastly States concerned should be encouraged to provide information to the Human
Rights Council on the status of investigations or prosecutions of allegations contained in
the report of the Secretary- General.
33.
With regard to the promotion of coordination and cooperation between different
protection stakeholders, a number of bodies had made commitments to support human
rights defenders, and there was a possibility for greater coordination to maximize individual
actors’ protection effects. The European Union Guidelines on Human Rights Defenders
offered possibilities for further engagement for the protection of individuals and
organizations that have faced reprisals for their cooperation with the United Nations human
rights system. Furthermore European Union delegations and missions of Member States in
third countries had a range of tools at their disposal to intervene in support of affected
individuals, including in their dialogues with States. These should be further explored and
used. Lastly greater coordination between those stakeholders who could provide practical
and emergency assistance to those who have been the targets of reprisals would enable a
more holistic response. This could include, inter alia, non-governmental organizations,
OHCHR and its field presences, and third-country shelter houses.
III. Summary of the discussion
34.
Those participating in the discussion represented Argentina, Australia, Austria,
Bahrain, Belarus, Chile, China, Cuba, the Czech Republic, Denmark, Ecuador, France,
Honduras, Ireland, Liechtenstein, Morocco, Norway, Paraguay, Poland, Qatar, the Republic
of Korea, the Russian Federation, Saudi Arabia, Slovenia, Spain, Sri Lanka, Sweden,
9
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents