A/HRC/39/41
79.
Intimidation and reprisals affect not only the individuals and groups directly
impacted, but are alarming also for the message they send to other actors and
individuals, whether from government or civil society, who wish to engage with the
United Nations and express their views freely. The United Nations is regrettably
seeing evidence of self-censorship in all regions with regard to engagement with its
institutions at the local, national, regional and international levels. The impact of fear
of reprisals is not only visible in the field, where United Nations personnel often
encounter people too afraid to speak with them, but also at headquarters in New York
and Geneva.
80.
Field presences have also reported disturbing trends in acts of intimidation and
reprisals that inhibit their work. In conflict settings, a fear of reprisals poses an
obstacle for the United Nations to fulfil its mandate to deliver humanitarian assistance
and protect civilians. For example, at the community level, colleagues have reported
arriving at a location only to find the local population either unwilling to speak or
having absented themselves from the scheduled meeting so as not to be seen to be
providing information to the United Nations. It is not only community members who
are being targeted, but also their legal representatives, intermediaries, witnesses and
interpreters. In the development context, a hostile environment for community
members in many countries who engage on land and resource-related projects is
frequently reported. Indigenous peoples, in particular, continue to face reprisals as
they seek to participate in development processes.
81.
It is also observable from cases that have been reported to the United Nations
that women and lesbian, gay, bisexual, transgender and intersex persons are exposed
to gender- or sexual orientation-specific barriers, threats and violence. Women
cooperating with the United Nations have reported threats of rape and being
subjected to online smear campaigns. At least one case of sexual assault in detention
was reported in the last year. Women and lesbian, gay, bisexual, transgender and
intersex persons have also reported being subjected to physical searches and
humiliating and degrading treatment. The United Nations is aware that such incidents
are underreported owing to gender-specific barriers to coming forward. Many women
and lesbian, gay, bisexual, transgender and intersex persons facing reprisals for their
advocacy report being ostracized in their communities and their families threatened.
The United Nations must do more to ensure that their experiences are documented,
disaggregated and properly analysed, with a view to ensuring that they are not
exposed to additional risks.
82.
The range of intimidation and reprisals continues to be broad and often
disguised in legal, political and administrative hurdles. Beyond measures such as
travel bans, arbitrary arrest and detention, surveillance and defamation campaigns,
initiatives such as budget cuts and selectively applied laws or new legislation that
restrict the operations of organizations that are likely to cooperate with the United
Nations are being seen. Measures undermining the legal legitimacy of organizations or
the ability to acquire and maintain funding, especially funding from foreign donors,
undermine their capacity to engage with the United Nations. Such measures can also
deter organizations from engaging with the United Nations and contribute to the
shrinking of civic space.
83.
There is a disturbing trend in the use of national security arguments and
counter-terrorism strategies by States as justification for blocking access by
communities and civil society organizations to the United Nations. In the last year, a
number of NGOs and human rights defenders, activists and experts have been
labelled as “terrorists” by their Governments. Reported cases include individuals or
organizations being officially charged with terrorism, blamed for cooperation with
foreign entities, or accused of damaging the reputation or security of the State.
84.
States have frequently invoked counter-terrorism as the reason an organization
or individual should be denied access to participation at the United Nations. The real
global threat of terrorism notwithstanding, this issue must be tackled without
compromising respect for human rights, as human rights and national sovereignty go
hand in hand, without contradiction. As I have emphasized before, terrorism is
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