A/HRC/39/41
I. Introduction
1.
The Human Rights Council, in resolution 12/2, expressed concern over continued
reports of intimidation and reprisals against individuals and groups seeking to cooperate or
having cooperated with the United Nations, its representatives and mechanisms in the field
of human rights. The Council further condemned all acts of intimidation and reprisal
committed by Governments and non-State actors and invited me to submit a report to the
Council at its fourteenth session and annually thereafter, containing a compilation and
analysis of any available information, from all appropriate sources, on alleged reprisals and
recommendations on how to address the issue. The present report is the ninth report based
on resolution 12/2.1
II. Developments in response to acts of intimidation and reprisal
2.
Addressing reprisals and intimidation against those cooperating with the United
Nations in the field of human rights continues to be a priority and a core responsibility of
the Organization as a whole. During the reporting period I continued to receive reports of
alarming trends of reprisals, forms of retaliation for past cooperation and measures of
intimidation, designed to discourage future participation or cooperation with the United
Nations.
3.
Intimidation and reprisals were discussed at and in relation to cooperation with the
General Assembly, the Economic and Social Council, the Human Rights Council and the
Security Council. Within the United Nations system, including in the Secretariat and its
field offices and peace missions, at the United Nations Development Programme (UNDP),
the International Labour Organization (ILO), the United Nations Conference of States
Parties to the Convention Against Corruption, the World Bank and the International
Monetary Fund, multiple actors have continued to address cases with concerned
Governments and taken initiatives to raise awareness of the severity of the issue.
4.
On 24 December 2017, at its seventy-second session, the General Assembly adopted
by consensus resolution 72/247 to mark the twentieth anniversary and promotion of the
implementation of the Declaration on the Right and Responsibility of Individuals, Groups
and Organs of Society to Promote and Protect Universally Recognized Human Rights and
Fundamental Freedoms (Declaration on Human Rights Defenders). The General Assembly
condemned all acts of intimidation and reprisal by State and non-State actors, including
against human rights defenders and their legal representatives, associates and family
members, and strongly called upon all States to give effect to the right of everyone,
individually and in association with others, to unhindered access to and communication
with the United Nations. It expressed grave concern at the “considerable and increasing
number of allegations and communications of a serious nature received by special
procedures” related to intimidation and reprisals.
5.
On 29 September 2017, at its thirty-sixth session, the Human Rights Council adopted
resolution 36/21 on “Cooperation with the United Nations, its representatives and
mechanisms in the field of human rights,” in which it reaffirmed “the right of everyone,
individually and in association with others, to unhindered access to and communication
with … the United Nations, its representatives and mechanisms”. In the resolution, the
Council urged all States to prevent and refrain from all acts of intimidation or reprisal and
to take measures to ensure accountability for reprisals. It noted the designation of the
Assistant Secretary-General for Human Rights and decided that the presentation of the
present report at the thirty-ninth session would be followed by an interactive dialogue. At
the thirty-sixth, thirty-seventh and thirty-eighth sessions of the Council, States and nongovernmental organizations (NGOs) also delivered statements on the issue of reprisals.
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A/HRC/14/19, A/HRC/18/19, A/HRC/21/18, A/HRC/24/29 and Corr. 1, A/HRC/27/38,
A/HRC/30/29, A/HRC/33/19 and A/HRC/36/31.
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