A/HRC/33/19

ope6 / A/HRC/33/19
Advance edited version / Distr.: General
16 August 2016
Original: English

Human Rights Council

Thirty-third session

Agenda items 2 and 5

Annual report of the United Nations High Commissioner

for Human Rights and reports of the Office of the

High Commissioner and the Secretary-General

Human rights bodies and mechanisms

Cooperation with the United Nations, its representatives
and mechanisms in the field of human rights[*]

Report of the Secretary-General

Summary
The present report is submitted pursuant to resolution 12/2 of the Human Rights Council. The Secretary-General highlights recent developments that have taken place within the United Nations system and beyond in relation to the issue of reprisals. The report also contains information gathered between 1 June 2015 and 31 May 2016 on alleged cases of intimidation and reprisal against those seeking to cooperate, cooperating or having cooperated with the United Nations, its representatives and mechanisms in the field of human rights, including in follow-up to cases included in the previous two reports (A/HRC/27/38 and A/HRC/30/29). It concludes with recommendations aimed at addressing and preventing all such cases.


Contents

Page

I. Introduction 3

II. Developments in response to acts of intimidation and reprisal 3

III. Ensuring access to the United Nations, its representatives and mechanisms in the field
of human rights 5

IV. Information received on cases of intimidation and reprisal for cooperation with the
United Nations, its representatives and mechanisms in the field of human rights 6

A. Methodological framework 6

B. Summary of cases 7

C. Follow-up information on cases included in previous reports 13

V. Conclusions and recommendations 15


I. Introduction

1. In its resolution 12/2, the Human Rights Council expressed its concern at the continued reports of intimidation and reprisals against individuals and groups who seek to cooperate or have cooperated with the United Nations, its representatives and mechanisms in the field of human rights and its deep concern at the seriousness of reported reprisals. The Council condemned all acts of intimidation or reprisal by Governments and non-State actors and invited me to submit a report to the Council at its fourteenth session and annually thereafter, containing a compilation and analysis of any available information, from all appropriate sources, on alleged reprisals as well as recommendations on how to address the issue. The present report is my seventh based on that resolution.

2. In my previous reports, I have stressed the absolute unacceptability of any act of intimidation or reprisal, no matter how seemingly subtle or explicit, against individuals or groups, their family members, legal representation or anyone else with professional or personal ties to them, for seeking to cooperate, cooperating or having cooperated with the United Nations in the field of human rights. I reiterate once again that all such acts, which run contrary to the principle of human dignity and violate numerous human rights, show complete contempt and disregard for the United Nations system as a whole. Without exception, all acts of intimidation and reprisal must be halted immediately and unconditionally, effective remedies provided and preventive measures adopted and implemented to prevent reoccurrence. I call in particular on States to take immediate action.

II. Developments in response to acts of intimidation and reprisal

3. During the reporting period, the United Nations High Commissioner for Human Rights addressed the issue of reprisals on several occasions. On 14 September 2015, in his opening statement to the Human Rights Council at its thirtieth session, he mentioned that some Member States had sought to prevent civil society actors from working with the United Nations human rights mechanisms, including the Council: “Session after session, they attempt to bar from accreditation — based on spurious allegations of terrorist or criminal activity — groups that strive to expose problems and propose remedies”. On 3May 2016, speaking at an informal gathering on the 2021 implementation agenda for the Council, the High Commissioner recalled that “it is absolutely essential that victims, defenders, activists and other civil society groups be empowered to cooperate with and contribute to the Council’s work without obstruction and fear of reprisals”. He indicated that the Council’s responses to all such allegations should be strengthened so as to ensure that they were effectively pursued and addressed.[1]

4. Over the past year, the President of the Human Rights Council has continued to draw attention to the issue of reprisals and reiterated the need to ensure safe participation and involvement of all stakeholders in the work of the Council. The President has consistently raised cases during Bureau meetings and contacted Member States concerned. On 16 November 2015, in his statements to the General Assembly and its Third Committee, the President mentioned that over the course of the year he had been seized of alleged and verified cases of intimidation and reprisals, and had followed up with concerned States when required. He stressed the need to implement resolution 24/24, in which the Council requested the Secretary-General to designate a senior focal point to promote the prevention of, protection against and accountability for reprisals and intimidation related to cooperation with the United Nations in the field of human rights, and added that he was pleased to note that States from all regions had now expressed their support for the prompt implementation of the resolution.

5. In his concluding statement at the end of the thirtieth session of the Human Rights Council, after the appointment of three new special procedure mandate holders, the President of the Council once again reminded States that individuals and groups should be encouraged to cooperate with the special procedures mechanism and that reprisals against those who did so were unacceptable. Furthermore, on 7 December 2015, during the Council’s organizational session, he expressed his conviction that “it was, is and will continue to be in our common interest to promote a culture of non-reprisals”.

6. In his closing remarks to the thirty-first session of the Human Rights Council, on 26March 2016, the President stated that during the session he had received allegations of intimidation and reprisals and that all such acts were unacceptable and must end.

7. On 13 June 2016, during the opening of the thirty-second session of the Human Rights Council, the President of the Council stated that acts of intimidation and reprisal were taking different shapes and that social media, including Twitter, which were widely used by participants of the Council, may also be misused. In that regard, he referred to allegations that during the thirty-first session of the Council, a member of a national delegation had misused social media “to deliver a message that can be construed as a serious threat against an NGO representative attending the session”. The President had discussed the matter with the relevant Permanent Representative, who, after conducting a prompt investigation, acknowledged that the act had been committed by a representative of the State, albeit not in a professional capacity, and reported that an administrative reprimand had been issued. The President reiterated that such acts were completely unacceptable and should be denounced in the strongest terms. He called on everyone to be extremely vigilant in all cases of potential reprisals and stressed that “social media should be used to promote and protect human rights and not the opposite”.

8. Several States and non-governmental organizations (NGOs) also delivered statements on the issue of reprisals, during the general debate on human rights bodies and mechanisms (agenda item 5) at the thirtieth session of the Human Rights Council, during which they condemned all such acts and asked for a coordinated response. Ghana, speaking on behalf of a group of 65 States, expressed deep concern at continued reprisals and urged all States to prevent and refrain from committing such acts. The group welcomed the increased attention devoted to the issue and stressed that it was high time for the Secretary-General to appoint the United Nations focal point on reprisals. Ghana also welcomed the fact that the African Commission on Human and Peoples’ Rights had extended the scope of the mandate of the Special Rapporteur on Human Rights Defenders in Africa to include reprisals, and encouraged other regional human rights bodies to take a similar approach. During the same debate, a representative of the Council of Europe mentioned that acts of reprisal for cooperating with that body had also been reported and that one of the suggested actions put forward by stakeholders would be for the Council of Europe to establish an alert mechanism to address cases of reprisal.

9. As at June 2016, eight out of the ten human rights treaty bodies had adopted the Guidelines against Intimidation or Reprisals, known as the “San José Guidelines”. The Committee on Economic, Social and Cultural Rights and the Committee on the Elimination of Discrimination against Women had not yet adopted the Guidelines. In September 2015, in addition to adopting the San José Guidelines, the Committee against Torture had adopted its own policy on the receipt and handling of allegations of reprisals (CAT/C/55/2). In November 2015, the Subcommittee on Prevention of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment had decided to revise its policy on reprisals in the light of the adoption of the San José Guidelines. Each of the treaty bodies had also designated a focal point or rapporteur on reprisals. In the case of the Committee on the Elimination of Discrimination against Women, its bureau serves as the focal point.

10. As part of their enhanced response on reprisals, adopted during their twenty-second annual meeting, the special procedure mandate holders appointed a focal point on the matter from among the members of the Coordination Committee of Special Procedures. In addition, the annual report on special procedures presented to the Human Rights Council at its thirty-first session, for the first time included a separate section on intimidation and reprisals (A/HRC/31/39, sect. IV). It indicated that the mandate holders had used communications, public statements, press releases, official reports and meetings with various stakeholders to express their grave concern at all such acts, which seemed to have become increasingly severe in nature. Moreover, the Chair of the Coordination Committee, in introducing the report to the Council on 15 March 2016, stated that acts of intimidation and reprisal remained undoubtedly of the most serious concern to mandate holders and that such acts should be seen as not only aimed at preventing or stopping anyone from cooperating with them, but as an attack against the special procedures system as a whole. The Chair urged the United Nations to appoint a focal point on reprisals as soon as possible in order to develop a much needed system-wide and coordinated response.

11. In my previous reports I have stressed that the issue of reprisals needs a consistent and integral approach. In that context, I welcome the increased cooperation between international and regional human rights mechanisms, including the issuance of joint press releases and participation in general debates on the issue of reprisals during the sessions of the Human Rights Council. The focal point on reprisals for the African Commission on Human and Peoples’ Rights recently organized a regional consultation with civil society and experts, which resulted in the development of a road map and a guidance note on the communications procedure of the focal point on cases of reprisals.[2] In the report on its 157th session, the Inter-American Commission on Human Rights stated that those who had participated in the session had been subject to reprisals upon returning to their countries, adding that “this situation had already come up in the past in some countries, and the fact that it is happening again is disturbing”.[3] It reminded States of article 63 of its rules of procedure, which provides that States may not carry out reprisals against individuals cooperating with the Inter-American Commission or their family members. I encourage the United Nations human rights mechanisms and their regional counterparts to continue to develop and use existing avenues for cooperation, thereby reinforcing each other’s messages.

III. Ensuring access to the United Nations, its representatives
and mechanisms in the field of human rights

12. In my previous two reports, I referred to the Committee on Non-Governmental Organizations, which considers applications for consultative status with the Economic and Social Council. I would like to highlight again the important role it plays in ensuring that those organizations can fully participate in the work of the United Nations, including in the field of human rights (see A/HRC/27/38, para. 8, and A/HRC/30/29, para.9).

13. On 20 May 2016, in follow-up to concerns expressed earlier over the large number of deferrals of applications (see A/69/365, paras. 73-74 and 88 (a)), the Special Rapporteur on the rights to freedom of peaceful assembly and of association sent a letter to the Chair of the Committee on Non-Governmental Organizations in which he raised the case of the Dalit International Solidarity Network. He expressed concern about the working methods of the Committee and recommended that it commence a reform process, which should be guided by the principle that the United Nations functions best when it is accessible to the greatest diversity of voices possible (see A/HRC/33/32, OTH 16/2016). By letter of 23 May 2016, the Chair of the Committee expressed his appreciation for the concerns raised by the Special Rapporteur and his commitment to ensuring that the rules of procedure were applied in a manner that allowed the body to achieve the purposes for which it has been created. He indicated that the Special Rapporteur’s letter would be brought to the attention of all Committee members during its forthcoming session (ibid.).

14. On 30 May 2016, I publicly raised another case in relation to the Committee on Non-Governmental Organizations, namely that of the Committee to Protect Journalists, and expressed my deep disappointment that Member States on the Committee had denied it consultative status. In that regard, I called on Member States to stop restricting NGO engagement.[4] The next day, the High Commissioner echoed my concerns and stated that “we believe the decision not to allow this well-established NGO to take part in UN meetings, including those of the Human Rights Council here in Geneva, is unwise, unfair and arbitrary”, adding that the case was “emblematic of this unfortunate and very negative trend”.[5]