A/HRC/22/34/ 43. Several speakers stated that the international community had the responsibility to address the issue of intimidation and reprisals in a swift and effective manner. In this context, the need for a combined response from the State at the national level, but also from the international community and the mechanisms it has created, was raised. The international community must also ensure that effective measures were in place to protect victims when the State failed or was unable to do so. In that connection, the need for the international community to conceive means of protection in the event that the State did not have the capacity to fulfil its function of protection of civil society was pointed out. 44. According to several States, the approach of the international community to acts of reprisal should be coherent and systematic. Such acts should be condemned publicly every time they occur, including by using means of communications. It was also proposed that the international community should use all tools at its disposal, from early warning measures and preventive action in accordance with the State’s responsibility to protect, through to all tools available from the United Nations human rights system. 45. Participants also made recommendations for representatives and mechanisms of the United Nations, in particular human rights bodies. Although enhanced coordination among human rights mechanisms was welcome, more concerted effort and coordinated action of the United Nations bodies and mechanisms were needed. According to some delegations, concentrated pressure from the entire international community could contribute to the elimination of such cases, which should not be only condemned in speeches, but also systematically addressed within the framework of the universal periodic review, treaty bodies or special procedures in the course of their communications with States. 46. According to several delegations, more should be done to ensure that the United Nations addressed cases of reprisal in a unified and coordinated manner. In this context, the appointment of a mediator or ombudsman by the Secretary-General or the High Commissioner was proposed. The mediator would act as a focal point of the United Nations system and will be seized of all allegations of intimidation and reprisals. He or she would follow all allegations of reprisals, in close cooperation with the human rights mechanisms, by contacting the relevant Governments. The mediator would follow the case until its satisfactory outcome, and should also propose and coordinate technical assistance to help States to establish national programmes for witnesses and victims that denounce reprisals. 47. It was also suggested to explore the question of whether acts of intimidation or reprisal carried out or tolerated by a Government against individuals and groups cooperating with the United Nations in the field of human rights constituted breaches of the State’s legal obligations as a Member of the United Nations. 48. Many delegations underlined the specific role that the Human Rights Council should play. In that connection, several recommendations were made. According to several delegations, the condemnation of reprisals in the outcome of the review of the Human Rights Council had opened a new chapter, as the Council was united in its clear condemnation of such acts. Participants emphasized that the Council should take its responsibility to ensure that all those willing to cooperate with it and its mechanisms could do so without fear of reprisal. Delegations stated that it was a question of credibility and a matter of ethics. The Council should ensure that it had effective mechanisms to react to and follow up on any case of reprisal. 49. Referring to the central role of the Human Rights Council in ensuring accountability for reprisals and intimidation, some delegations noted that the Council had this role both with regard to the individuals and groups concerned, but also to the institutional integrity of the Council and of the United Nations. In this connection, all credible allegations of intimidation or reprisal for engaging with the United Nations human rights machinery must be brought to the urgent attention of the Council. 11

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