A/HRC/45/36
make it ‘emphatically clear’ that it will protect from reprisals members of civil society and
non-governmental organizations who have cooperated with the Committee in the context of
its consideration of the State party’s initial report (arts. 2, 4, 11, 12, 13, 15 and 16).”9
12.
The Committee recommended that the State party “ensure that members of civil
society and NGOs who have cooperated with the Committee are protected from any
reprisals or harassment, including charges of breaching the Information and
Communications Technology Act, in keeping with the pledge given by the Minister of Law,
Justice and Parliamentary Affairs.”10
5.
Burundi
13.
In September 2019, the Human Rights Council urged the Government of Burundi to
“cooperate fully with the treaty bodies, to allow special procedure mandate holders to enter
and visit the country, to engage constructively with the OHCHR regional office and to stop
any reprisal against human rights defenders who are cooperating with international human
rights mechanisms, including the Human Rights Council (A/HRC/RES/42/26, para. 17)”.
14.
On 9 March 2020, the Commission of Inquiry on Burundi regretted that some
victims and direct witnesses who provided testimonies during its field missions in
neighbouring countries faced acts of intimidation and threats. In this regard, the
Commission commended “efforts by States to investigate allegations of acts of intimidation
or reprisals and to bring perpetrators to justice” in accordance with Human Rights Council
resolution 42/28 on reprisals.11 In December 2019, Assistant Secretary-General for Human
Rights addressed patterns of intimidation and reprisals to the Government in writing.
6.
Cambodia
15.
The Special Rapporteur on the situation of human rights in Cambodia in August
2019 noted that she had “received many reports of local police coming uninvited to events,
training sessions or meetings, taking photographs, enquiring about organizers and the
agenda or demanding information on participants,” and about civil society representatives
and their families being closely monitored (A/HRC/42/60, para. 55). 12
16.
OHCHR reported that in November 2019, one day prior to a meeting in
Sihanoukville Province of a Cambodian civil society organization and the UN Country
Team, the police demanded a permit from the organization to hold the meeting. OHCHR
addressed the lawful meeting with provincial authorities, which was allowed to proceed,
but the following day the police again demanded details of the activity and the names of
participants from the organization. In August 2019, OHCHR conducted a training course on
human rights monitoring and fact-finding in Kampong Thom Province for 25 human rights
defenders and other members of civil society, including representatives of youth networks.
Police officers arrived at the premises and demanded to see the training agenda and list of
participants, and attempted to take photographs of participants.
17.
Further, representatives of civil society have reportedly declined to be identified as
working with the UN in its advocacy toward the Ministry of the Interior due to a fear of
reprisals. Some victims in detention have also declined assistance from OHCHR, including
refusing to have their cases reported to UN human rights mechanisms. The Special
Rapporteur noted in October 2019 that she has repeatedly been denied confidential
interviews with detainees. She reiterated that she should be able to visit any place of
detention and meet with anyone as part of discharging her mandate (A/HRC/42/60, para. 4).
9
10
11
12
22
CAT/C/BGD/CO/1, para. 30.
Ibid., para. 31 (d).
Oral briefing by the Commission of Inquiry on Burundi, 43rd Human Rights Council session, (9
March 2020),
https://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=25694&LangID=E.
See also, End of mission statement, Rhona Smith, Visit of the Special Rapporteur on the situation of
human rights in Cambodia (9 May 2019),
https://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=24579&LangID=E.