A/HRC/33/19
• Are relatives of victims of human rights violations or of those who have provided
legal or other assistance to victims.
17.
Information about cases of alleged acts of intimidation and reprisal has been
received in relation to the cooperation of individuals and groups with the Office of the
United Nations High Commissioner for Human Rights (OHCHR), including its field
presences, the Human Rights Council, the universal periodic review mechanism, the human
rights treaty bodies, the special procedures, the commission of inquiry on human rights in
Eritrea, the United Nations Independent Investigation on Burundi and the International
Labour Organization (ILO).
18.
The information received was verified and corroborated by primary and other
sources, and, where available, reference is made to the United Nations documentation and
other United Nations public sources in which the cases included in the present report were
first made public. Responses provided by Governments by the time of finalization of the
present report, whether in writing or orally during sessions of United Nations human rights
mechanisms, are also included. Efforts have been made to follow up on the cases included
in my previous two reports and any additional available information on those cases has
been included within the present report.
19.
I would like to stress that the report does not provide an exhaustive list of cases. In
preparing it, the principle of “do no harm” was strictly adhered to and a risk assessment
made for each case received and deemed credible. As a result, it was decided not to include
those cases in which the risk to the safety and well-being of the individuals concerned, or
their family members, was deemed too high.
B.
Summary of cases
1.
Australia
20.
On 25 September 2015, the Special Rapporteur on the human rights of migrants,
following a series of discussions with the Government, announced the postponement of his
official visit to Australia owing to protection concerns, as he had not received a written
guarantee that no one cooperating with his mandate would be at risk of intimidation or
reprisal in the form of sanctions under the 2015 Border Force Act, which stipulates that
detention centre service providers who disclose protected information can be sentenced to
two years in prison. The Special Rapporteur stressed that the perceived threat of reprisals
against persons who would want to cooperate with him in relation to his official visit would
be unacceptable.6 Following the postponement of the country visit, the Special Rapporteur
and the Government of Australia continued to engage in dialogue, which resulted in written
assurances provided to the Special Rapporteur in December 2015 and the agreement to
conduct the visit to Australia in November 2016.
2.
Burundi
21.
During their visit to Burundi, in March 2016, the independent experts of the United
Nations Independent Investigation on Burundi received allegations of intimidation and
reprisals by the National Intelligence Services against members of NGOs with whom they
had met. Feeling threatened, several human rights defenders fled the country and afterwards
reported that they remained concerned for the safety of their family members remaining in
the country (see A/HRC/33/32, BDI 5/2016). In their oral update to Human Rights Council
6
OHCHR “Migrants/human rights: Official visit to Australia postponed due to protection concerns”,
25 September 2015.
7