A/HRC/18/19
harassment by Government officials, including through public statement of high-level
Government officials, increased monitoring of activities, arbitrary detention, torture
and ill-treatment. In the present report, cases of reprisals for cooperating with
OHCHR, the Human Rights Council and its special procedures and universal periodic
review mechanism, the United Nations Voluntary Fund for Indigenous Populations
and treaty bodies have been reported. These reports confirm that certain States
continue to resort to reprisals to silence criticism and prevent individuals and groups
from cooperating with the United Nations in the field of human rights.
94.
Such a practice has very serious and deterrent consequences on the willingness
and capacity of groups and individuals to provide information about what is
happening in a given country and, in turn, on the capacity of the United Nations to
report and react appropriately to human rights concerns. Free and unhindered
contact and cooperation with individuals and civil society are indeed indispensable to
enable the United Nations and its mechanisms to fulfil their mandate.
95.
It should be noted that, in the drafting of the present report, there were again
cases where it was not possible to report particular occurrences of reprisals owing to
specific security concerns. A lack of awareness about the present report could also
explain that certain cases of alleged reprisals were not reported.
96.
Reprisals and intimidation against those cooperating with representatives of
the United Nations in the field of human rights are very worrying practices and
warrant a strong and decisive reaction. It is imperative that States take all necessary
measures to guarantee that persons cooperating with the United Nations in the field of
human rights will not be subjected to reprisals. In this context, I would like to make
the following recommendations:
(a)
States should ensure that all necessary measures are taken to prevent the
occurrence of reprisals and intimidation; for example, States should publicly and
unequivocally encourage people to cooperate with the United Nations in the field of
human rights. The universal periodic review process can provide a useful platform in
this regard and also raise awareness about the United Nations and its work in the field
of human rights;
(b)
All alleged acts of reprisals and intimidation should be investigated
without delay, its perpetrators brought to justice and victims provided with
appropriate remedies;
(c)
Public and unambiguous condemnation of any acts of reprisal will also
contribute to curbing this unacceptable practice. The fact that the Human Rights
Council has adopted resolutions which contain a strong rejection of any acts of
intimidation or reprisal is welcome. More, however, could be done;
(d)
By means of the present report, the Human Rights Council is informed
of alleged cases of reprisal. It is now incumbent upon the Council to ensure
appropriate follow-up to this information. The Council should devote sufficient time
and attention to the present report. It should also ensure that States concerned
investigate any alleged acts of intimidation and reprisal and inform the Council
accordingly. It would indeed be important that States in which reprisals have
occurred report back to the Council on measures taken to investigate them, and where
confirmed, on remedies provided, including prosecution and adequate compensation;
(e)
As indicated in the present report, several United Nations human rights
mechanisms have developed specific responses to the practice of reprisals, including
through public statements, thereby contributing to its denunciation. These good
practices could be further developed and adopted by all human rights mechanisms so
as to build a coherent and unified response to this phenomenon;
17
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