rights treaty.408 Similarly, states are encouraged to prepare national reports and
other information for the Universal Periodic Review (UPR) of the Human Rights
Council through a broad consultation process at the national level involving all relevant stakeholders.409 Any such consultations should be open, inclusive and effective. In carrying out such consultations, participating States should respect the
right of human rights defenders to present their own reports or submissions as an
alternative to the state report. In recognizing the value of civil society contributions, participating States should proactively reach out to civil society and facilitate their active engagement with international human rights mechanisms and
institutions, including by publicizing relevant information about upcoming reviews
of the human rights situation in the country, as well as the timeframe and modalities for submitting information to the relevant mechanism or institution carrying
out the review.
268. During visits of international bodies, in particular human rights mechanisms and
institutions, including UN Special Procedures and those under the auspices of the
OSCE, the Council of Europe and the IACHR, states should ensure that human
rights defenders can interact freely and safely with the representatives of these
bodies, and that they can do so confidentially.410
408 See, for example, Human Rights Committee “Concluding Observations: Bosnia and Herzegovina,”
UN Doc. CCPR/C/BIG/CO/2, 13 November 2012, para. 22, which states: “[t]he Committee also requests the
State party, when preparing its third periodic report, broadly consult with civil society and non-governmental
organizations.”
409 See UN Human Rights Council, “Institution-building of the United Nations Human Rights Council”, Resolution A/HRC/RES/5/1, Annex, para. 15.
410 According to the terms of reference for the conduct of country visits adopted by the UN special rapporteurs/representatives, the inviting government should give, inter alia, the following guarantees and facilities:
“(a) Freedom of movement in the whole country, including facilitation of transport, in particular to restricted
areas;
(b) Freedom of inquiry, in particular as regards:
(i) Access to all prisons, detention centres and places of interrogation;
(ii) Contacts with central and local authorities of all branches of government;
(iii) Contacts with representatives of non-governmental organizations, other private institutions and the
media;
(iv) Confidential and unsupervised contact with witnesses and other private persons, including persons
deprived of their liberty, considered necessary to fulfil the mandate of the special rapporteur; and
(v) Full access to all documentary material relevant to the mandate;
(c) Assurance by the Government that no persons, official or private individuals who have been in contact with
the special rapporteur/representative in relation to the mandate will for this reason suffer threats, harassment
or punishment or be subjected to judicial proceedings; […]”. See E/CN.4/1998/45, Appendix V.
Guidelines on the Protection of Human Rights Defenders
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