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.
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