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Summary: On 13 September, the Human Rights Council this afternoon held a panel discussion on the issue of intimidation or reprisals against individuals and groups who cooperate with the United Nations, its representatives and mechanisms in the field of human rights.
Andras Dekany, Vice-President of the Human Rights Council, reading out a statement on behalf of the President of the Council, said that the Council had the responsibility to ensure that all individuals participating in its meetings and cooperating with it remained secure. The President urged everyone to desist from intimidation or reprisals directed at individuals or organizations participating in the Council. Ban Ki-moon, Secretary-General of the United Nations, in a video message said that it was regrettable that incidents of reprisals and intimidation against those who had spoken at the Council had been reported. He stressed the responsibility of States to protect human rights and said that, when they failed to do so, the United Nations had to stand up and speak out. Navi Pillay, United Nations High Commissioner for Human Rights, regretted that a discussion on reprisals had to take place and said that individuals should not be subjected to ill treatment or intimidation as a consequence of communicating with the representatives of international instruments. Responses by States had been far from sufficient in that respect, said the High Commissioner, deploring the lack of accountability on the part of many actors. Mehr Khan Williams, Chair of the Board of the International Service for Human Rights and the panel moderator, said that increasing cross-regional awareness and concern about reprisals were very encouraging and civil society organizations were thankful for the attention paid to the issue by the Secretary-General, the High Commissioner for Human Rights and the Human Rights Council. The panellists were Szabolcs Takács, Deputy State Secretary for Global Affairs, Ministry of Foreign Affairs of Hungary; Michel Forst, Independent Expert on the Situation of Human Rights in Haiti and Chair of the Coordination Committee of Special Procedures; Claudio Grossman, Chair of the United Nations Committee against Torture; and Hassan Shire Sheikhahmed, Executive Director of the East and Horn of Africa Human Rights Defenders Project. Mr. Takács said that the credibility and everyday functioning of the entire United Nations system was at stake and that it was now up to Member States to address this phenomenon by addressing impunity and ensuring accountability. He expressed hope that the discussion would provide innovative and future oriented solutions with the aim of stopping and preventing intimidation or reprisals. Mr. Forst said that the Special Procedure mandate holders noted the primary responsibility of States to respond to allegations of threats and take steps to protect witnesses, but the impression was that States concerned did not take any real action. It was important to ensure the clear criminalization of exacerbating circumstances when subjects of criminal activity were human rights defenders and to de-criminalize criticizing a public authority, said Mr. Grossman, adding that it was not just a question of avoiding reprisals but creating a good environment whereby everybody was able to enjoy and uphold human rights. Mr. Sheikahmed said that since its establishment the Human Rights Defenders Project had assisted hundreds of human rights defenders at risk. Reprisals had longstanding consequences for the individuals affected, most tragically in the case of assassinations; others had been forced to flee their countries for their own safety. In the discussion, speakers expressed concern at all forms of harassment, intimidation and reprisals against groups and individuals that cooperated with the United Nations or human rights mechanisms, and said that the protection and safety of concerned individuals should be a top priority of the Council. States should ensure the safety and security of those who collaborated with human rights mechanisms; should take measures to ensure that acts of violence would not remain unpunished; and should offer remedies to victims. Delegations made a number of proposals concerning measures that could be taken to address the issues of intimidation, harassment and reprisals, such as institutionalizing the dialogue between the State and human rights defenders through focal points; appointment of a mediator to act as focal point of the United Nations system; ensure follow up to allegations and contact States concerned; and the adoption by States of specific instruments to defend and protect human rights defenders, groups and individuals.
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