1. GUIDING PRINCIPLES • The protection of all persons cooperating with commissions/missions should be explicitly referred to in their mandates and/or terms of reference. If it is not, it should be regarded as an integral part of the mandate and the Chair of the commission/mission should clarify this issue in an early public statement. • The primary responsibility for the protection of cooperating persons rests with the Government of the State(s) concerned. The commission/mission should seek guarantees in writing from the State(s) concerned that individuals wishing to meet the commission/mission shall have unhindered access to it, and that no such person shall, as a result of such contact, suffer any harassment, threats, acts of intimidation, ill-treatment or reprisals, or face any criminal prosecution or other judicial proceedings. • Respect for confidentiality is fundamental. Any breach of confidentiality can have serious consequences for the person providing the information or for those implicated, for the credibility and safety of staff, for the confidence the commission/mission enjoys among the local population and for the effectiveness of its work. Confidentiality covers both the identity of persons cooperating with the commission/mission and the information they provide. The commission/mission should have a clear policy on confidentiality that is disseminated to members and all staff and, if necessary, shared with those it comes in contact with. • In all circumstances and at all times, commissions/missions have an obligation not to jeopardize the life, safety, freedom and well-being of victims, witnesses and other cooperating persons (the do no harm principle). The best protection they can provide to cooperating persons is to be aware of the potential risks of harm and to exercise good judgement, caution and sensitivity in all interactions. The lack of care of members or staff or their negligent behaviour, along with a failure to understand the operational context, can put persons who come into contact with the commission/mission at risk of harm. • The commission/mission should never make promises that it cannot keep. Members and staff need to be aware of what they can effectively do, and not do, to avoid putting cooperating persons at risk or to ensure their protection. Upon establishing contact and before proceeding with the gathering of information, investigators have to inform victims, witnesses and other cooperating persons of the limitations of the commission/mission in guaranteeing their protection. • The commission/mission must follow a participatory approach to protection by taking into account, whenever possible, the knowledge and views of cooperating persons and by involving them in the risk and threat assessment and the choice of measures to be taken to ensure their safety. GUIDANCE AND PRACTICE 75