A/HRC/14/19
7.
In determining the modalities of its universal periodic review, in its resolution 5/1
the Human Rights Council also stated that the mechanism should ensure the participation of
all relevant stakeholders, including NGOs and national human rights institutions, in
accordance with General Assembly resolution 60/251 and Economic and Social Council
resolution 1996/31, as well as any decisions that the Council may take in this regard. The
Human Rights Council further stated that one of the objectives of the review should be the
encouragement of full cooperation and engagement with the Council, other human rights
bodies and the Office of the United Nations High Commissioner for Human Rights
(OHCHR). Documentation for the universal periodic review should comprise additional,
credible and reliable information provided by other relevant stakeholders to be taken into
consideration by the Council in the review.
8.
In General Assembly resolutions on various international instruments and their
related monitoring bodies, working with civil society, in particular NGOs, has been
highlighted as important and has been encouraged.2
9.
As respect for human rights is a pillar of the United Nations, everyone should have
the opportunity to interact with the Organization, its representatives and mechanisms in the
field of human rights without fear. The continued occurrence of intimidation and reprisals
due to cooperation with the United Nations on human rights issues is of deep concern and
has been addressed by several United Nations bodies and mechanisms.
10.
In her statement before the Human Rights Council on 4 March 2010, the United
Nations High Commissioner for Human Rights indicated that she has information, as have
special procedures, that individuals have faced reprisals following their cooperation with
human rights mechanisms. She urged States to ensure that those who are in contact with
special procedures are protected against reprisals.
11.
Several special procedures mandate holders have established specific procedures to
address and give visibility to cases of reprisals to help curb this phenomenon. For example,
the Special Rapporteur on extrajudicial, summary or arbitrary executions dedicated a part of
his 2009 report to the Human Rights Council (A/HRC/11/2) to the issue of protecting
persons cooperating with special procedures from reprisals. The Working Group on
Arbitrary Detention has also decided to include in its annual report any case of reprisals for
cooperation with the Working Group brought to its attention. In this context, it is worth
mentioning that, within the mandate of the Special Rapporteur on the situation of human
rights defenders, established by the Council in its resolution 7/8, the Special Rapporteur
was requested, inter alia, “to seek, receive, examine and respond to information on the
situation and the rights of anyone, acting individually or in association with others, to
promote and protect human rights and fundamental freedoms”.
12.
By making cases of reprisals public as requested by the Human Rights Council, the
present report contributes to the fight against impunity with regard to reprisals and
intimidation for cooperation with the United Nations, its representatives and mechanisms in
the field of human rights, with the aim of curbing these unacceptable practices.
2
GE.10-13228
See for example General Assembly resolutions 63/243 on the International Convention on the
Elimination of All Forms of Racial Discrimination or 64/138 on the Convention on the Elimination of
All Forms of Discrimination against Women.
5