HRI/MC/2015/6
Compiling good practices
17.
The rapporteurs or focal points on intimidation or reprisals should compile
information on good practices relating to protective approaches of which they may become
aware through the work of the committees or other bodies.
B.
Preventive measures
Specific measures
18.
Where possible, treaty bodies should take steps to prevent intimidation and reprisals.
Preventive measures could include permitting requests from individuals or groups to
provide information to the relevant treaty body in a confidential manner and reminding
States parties of their primary obligation to prevent and refrain from all acts of intimidation
or reprisals against individuals and groups seeking to cooperate or cooperating with the
treaty bodies.
Protection measures
19.
When it is alleged that an individual or group is at risk of intimidation or reprisals
for seeking to communicate or for having communicated with a treaty body, including as a
result of filing or of considering or attempting to file a formal complaint to a treaty body in
the framework of the individual communications procedures, the committee concerned can
request the relevant State party to adopt protection measures for the individual or group
concerned. Such measures can include requests to refrain from any acts of intimidation or
reprisals and to adopt all measures necessary to protect those at risk. The State party may be
requested to provide the committee, within a specific deadline, with information on
measures taken to comply with the request.
Awareness-raising
20.
Treaty bodies should take initiatives that affirm the crucial importance of
cooperation with all stakeholders in addressing intimidation or reprisals. Such initiatives
may include making the protection of members of civil society and others a regular item on
the agenda of informal meetings with States parties, broadly disseminating the present
Guidelines and adopting public statements, possibly jointly with other human rights
mechanisms.
C.
Further measures
Raising concerns confidentially with State party authorities
21.
When allegations of intimidation or reprisals are received, and with the consent of
the individual or group concerned when appropriate, the relevant treaty body should, as
appropriate, contact the State party to request information, express its concern and request
an investigation and the immediate cessation of any such acts. The treaty bodies may also
interact with State authorities in a discrete manner, through confidential correspondence or
a meeting with a representative of the permanent mission of the State party, or any other
appropriate means.
Security measures during treaty body sessions
22.
In the case of an imminent threat or danger of violence during a treaty body session,
the United Nations Department of Safety and Security should be approached to take
appropriate security measures.
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