A/HRC/28/63
F.
Improved follow-up of communications, urgent appeals and country
visits
85.
The database of communications sent to States and their replies shows to what
extent a large number of governments4 do not reply adequately to communications, urgent
appeals or letters of allegation, however well documented. Their replies do not always
cover the situation or the case concerned but simply set out the situation, often in very
general terms, without really addressing the seriousness of the cases in question.
86.
At his first consultations with human rights defenders, it became clear how pressing
the issue of the follow-up of cases actually is. Few of the human rights defenders know
whether a file that they have sent to a mandate holder has been received and what use has
been made of the communication. While preserving the necessary confidentiality of
information received and the use made of it, the Special Rapporteur considers that, at the
very least, a formal acknowledgement of receipt should be made to any person,
organization or network that has sent a communication or referred a case for action by the
mandate holder, in accordance with the code of conduct and confidentiality that the Special
Rapporteur observes with governments.
87.
The current procedure is to send an automatic acknowledgement of receipt in
response to a communication, without, however, stating what use will be made of that
communication. The Special Rapporteur considers that this is not sufficient and he intends
to look into how the communications system can be improved so as to make it more
relevant and enable a faster and more appropriate response to be sent.
88.
The Special Rapporteur believes that the pace of interventions should not be speeded
up, otherwise it might be forgotten that the Special Rapporteur and his team have acted in
hundreds of cases in the past, each one relating to an individual story that requires a specific
response; silence is the worst possible response.
89.
Follow-up is important because, by drawing attention to cases that have had a
positive outcome, it shows the good practices that can be reproduced or duplicated in order
to increase the chances of obtaining positive results in a larger number of cases. Where
possible, the Special Rapporteur will include positive stories in his reports in order to show
the relevance or effectiveness of a good practice.
90.
The Special Rapporteur intends to make the question of follow-up one of the major
features of his activities and will regularly provide the Council and the General Assembly
with detailed information on any failure to respond by regularly reporting on the follow-up
to communications.
91.
The Special Rapporteur intends to conduct and publish a study specifically relating
to the follow-up to communications and on the impact that a failure by States to respond
has on the situation of human rights defenders. He will regularly remind States that fail in
this way of the number of cases to which they have not responded.
92.
To a greater or lesser degree, all the stakeholders have a special responsibility to
follow up communications and cases, but particularly governments, because they are
responsible for preventing human rights violations, threats and attacks against human rights
defenders and for taking action against impunity by prosecuting those responsible for
human rights abuses.
93.
The previous mandate holder showed the useful role that national human rights
institutions can play in the follow-up to recommendations and the treatment of individual
4
14
The average response rate by States is around 45 per cent.
GE.14-25280
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