A/HRC/14/19
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. The Council condemned all acts of intimidation and reprisals
by Governments and non-State actors against these individuals and groups. The Council
also expressed deep concern (a) at the seriousness of such reported reprisals and the fact
that victims suffer violations of their human rights, including the rights to life, liberty and
security of person, as well as the right to freedom from torture and cruel, inhuman or
degrading treatment, and (b) at reports of incidents in which individuals have been
hampered in their efforts to avail themselves of procedures established under United
Nations auspices for the protection of human rights and fundamental freedoms.
2.
In the same resolution, the Human Rights Council invited the Secretary-General to
submit a report to it on alleged reprisals for cooperation with the United Nations, its
representatives and mechanisms in the field of human rights, in particular with regard to
those persons referred to in paragraph 1 of the resolution.
3.
The cooperation of individuals and groups with the United Nations in the field of
human rights in a free and safe manner is key to ensuring an efficient and results-oriented
approach to the promotion and protection of human rights. The importance of this
cooperation has been affirmed in several documents.
4.
In the 2005 World Summit Outcome,1 Heads of State and Government reaffirmed
the importance of civil society in the work of the United Nations. In particular, they
welcomed the positive contributions of the private sector and civil society, including nongovernmental organizations (NGOs), in the promotion and implementation of development
and human rights programmes and stressed the importance of their continued engagement
with Governments, the United Nations and other international organizations in those key
areas (para. 172).
5.
Pursuant to General Assembly resolution 60/251 establishing the Human Rights
Council, the Council is mandated to work in close cooperation in the field of human rights
with Governments, regional organizations, national human rights institutions and civil
society.
6.
In several resolutions of the Human Rights Council establishing or renewing the
mandate of special procedures, the importance of special procedures working with
individuals from civil society and receiving information from all credible sources, including
victims of violations, has been highlighted. The ability of victims, their family members,
witnesses, human rights defenders and members of civil society to raise concerns with the
mandate holders of the special procedures of the Council without fear of retaliation is vital
to the ability of mandate holders to discharge their respective mandates. The terms of
reference for fact-finding missions by Special Rapporteurs/representatives of the
Commission on Human Rights (E/CN.4/1998/45, appendix V), as assumed by the mandate
holders of the Human Rights Council, therefore stipulate that special procedures should be
given assurance by Governments that “no persons, official or private individuals who have
been in contact with the special rapporteur/representative in relation to the mandate will for
this reason suffer threats, harassment or punishment or be subjected to judicial
proceedings”.
1
4
General Assembly resolution 60/1.
GE.10-13228