A/HRC/38/44/Add.3
approximately 61 per cent. This rate is slightly lower than that of the system-wide reply rate
for special procedures communications, which reached 68 per cent in 2017. However, it
should be noted that some of the responses included in this number are purely procedural in
nature.
11.
During the reporting period, nearly three quarters of States replied to one or more of
the communications addressed to them (39 out of 55). The Special Rapporteur would like to
thank all States who have responded substantively and in a timely manner to all or some of
the communications sent. The assessment of individual cases in which the Special
Rapporteur has intervened is an essential part of her work. Government responses allow for
a greater understanding of the cases, policies, and circumstances. The Governments of
Bahrain, Ecuador, El Salvador, France, Hungary, Italy, Lebanon, Malaysia, Malta,
Mauritania, Mongolia, Nicaragua, Saudi Arabia, Spain, Thailand, Togo, Uganda, the
United Kingdom of Great Britain and Northern Ireland, Uruguay, the Bolivarian Republic
of Venezuela and Viet Nam replied substantively (addressing all or some of the questions
raised) and within the required deadline to all the communications addressed to them during
the reporting period.
12.
A number of States replied substantively to some of the communications sent to
them. They include Afghanistan, Brazil, Colombia, Egypt, Guatemala, Honduras,
Indonesia, the Islamic Republic of Iran, Iraq, Kenya, Mexico, Pakistan, the Philippines,
Singapore, Turkey, the United Arab Emirates and the United States of America. A handful
of States did not submit a timely reply to any of the communications transmitted to them, or
have submitted merely an acknowledgement of receipt, including Cameroon, Chad, the
Democratic Republic of the Congo, Haiti, India, Israel, Libya, the Maldives, Myanmar,
Nepal, Peru, Romania, Russian Federation, South Africa, Sudan, Tunisia and Yemen. The
responses from some of these States have arrived after the required deadline and for that
reason fall outside the reporting period of the present report.
13.
In its resolution 35/15, the Human Rights Council urged States “[t]o cooperate with
and assist the Special Rapporteur in the performance of his or her tasks, to supply all
necessary information requested by him or her and to react appropriately and expeditiously
to his or her urgent appeals, and those Governments that have not yet responded to
communications transmitted to them by the Special Rapporteur to do so without further
delay”. Therefore, the Special Rapporteur reiterates her appeal to all Governments to
respond substantively to communications in a timely manner so as to assist and cooperate
with her mandate efficiently in accordance with Human Rights Council resolution 35/15. In
all instances where no substantive responses were received, the Special Rapporteur urges
Governments to provide them as soon as possible.
14.
During the reporting period, the Special Rapporteur also sent communications to
three non-State actors including a corporation (Anglo-American), de facto authorities in
Sana’a, Yemen, and the European Union. She thanks the European Union for the
substantive response received and notes that an acknowledgement of receipt has been
received from Anglo American.4 She regrets that no response has been received from the de
facto authorities in Sana’a,Yemen.
15.
The following table reflects the number of communications sent to each State and
the number of replies of a substantive nature received within the required deadline. Such
replies comprise both substantive replies and replies that address some substantive issues.
Acknowledgements of receipt are not considered as a reply for the purpose of this table, as
they do not provide an effective response to the questions raised.5
4
5
6
Substantive responses have also been received from Anglo American outside the reporting period.
With the sole exception of the response received in relation to the letter transmitted to Mongolia on
14 August 2017 (case no. MNG 1/2017) since the purpose of this communication was to welcome the
Government’s decision to abolish the death penalty and did not request a response. Therefore, the
acknowledgement or receipt received from Mongolia has been considered as a substantive response.
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