A/HRC/21/18
allegations of State delegates photographing and making videos of non-governmental
organization (NGO) representatives without their permission. These allegations were taken
very seriously and investigated by the United Nations. The President recalled that in its
resolution 16/21, the Council rejected “any act of intimidation or reprisal against
individuals and groups who cooperate or have cooperated with the United Nations, its
representatives and mechanisms in the field of human rights”, and called for the Council to
assume its responsibilities and ensure that those who wish to participate in its work can do
so without fear of reprisals. The President also recalled the fundamental role of civil society
in the work of the Council.
7.
In the light of the fact that NGOs in consultative status with the Economic and
Social Council have privileged access to the Human Rights Council and other United
Nations mechanisms, I note how important it is that the Committee on Non-Governmental
Organizations applies the criteria for assessing NGOs in a transparent and fair manner.
8.
Special procedures continue to be vocal on the issue of reprisals against persons who
have cooperated with the United Nations in the field of human rights. Notably, on 14 March
2012, a joint statement on reprisals was made at the nineteenth session of the Human Rights
Council by the three rapporteurs on human rights defenders of the international and
regional human rights systems, namely, of the United Nations, of the African Commission
on Human and Peoples‟ Rights and of the Inter-American Commission on Human Rights.
In the statement, the mandate holders called for reprisals to cease immediately and for
credible investigations into pending cases of reprisals to be carried out.2
9.
Enhanced coordination by human rights mechanisms in relation to reprisals was
exemplified by the joint statement by the Committee against Torture, the Subcommittee on
Prevention of Torture, the Special Rapporteur on torture and other cruel, inhuman or
degrading treatment or punishment, and the Board of Trustees of the United Nations
Voluntary Fund for Victims of Torture, issued on 26 June 2012 to mark the United Nations
International Day in Support of Victims of Torture. The statement reminded States of their
obligation to protect and to ensure that individuals do not face reprisals or intimidation for
cooperating with United Nations bodies.3
10.
In her report on strengthening the United Nationshuman rights treaty body system,
submitted in June 2012 (A/66/860), the High Commissioner for Human Rights
recommended that all treaty bodies take urgent and consistent measures in case of reprisals
against human rights defenders after engagement with the treaty body system, including
through ensuring mechanisms for action and appointing focal points in the treaty bodies to
draw attention to such cases (proposal 4.2.8). In addition, it was proposed that the treaty
bodies act through other relevant mechanisms, such as relevant special procedures and
OHCHR.
11.
Article 15 of the Optional Protocol to the Convention against Torture imposes a
positive obligation upon States parties to take action to ensure that there are no reprisals as
a consequence of a visit by the Subcommittee on Prevention of Torture. The Subcommittee
expects the authorities of each State visited to ascertain whether reprisals for cooperating
with the Subcommittee have occurred and to take urgent action to protect all concerned. In
this regard, the existence of national preventive mechanisms is of prime importance. At its
2
3
4
OHCHR, press release on reprisals, 14 March 2012, available from
www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=11957&LangID=E.
OHCHR, press release on the joint statement, 26 June 2012, available from
www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=12287&LangID=E.