HRI/MC/2015/6
Receiving allegations of intimidation or reprisals
10.
The rapporteurs or focal points should be notified as soon as possible of all
allegations of intimidation or reprisals against individuals or groups seeking to cooperate or
cooperating with the treaty bodies that are submitted to the committee. They should be
provided with all relevant information relating to those allegations. The Chair of the
relevant committee should be notified of the allegation by the rapporteur or focal point
through the secretariat as soon as possible.
11.
Such information may be submitted orally or in writing and may be submitted in
confidence. A detailed record of all allegations of intimidation or reprisals that have been
submitted should be maintained.
Assessment of the allegation
12.
The rapporteurs or focal points should make an assessment of the allegation as soon
as possible and, in so doing, should make use of a wide variety of sources of information.
These sources might include, but are not limited to, the State party, concerned individuals,
the secretariat, the Office of the United Nations High Commissioner for Human Rights
(OHCHR), including its field presences, other United Nations entities, national human
rights institutions, national preventive mechanisms and civil society. Pending the initial
assessment, all incidents should be referred to as allegations of intimidation or reprisals.
The rapporteurs or focal points should consult and liaise with any relevant committee
country rapporteurs during the process of initial assessment. Any issues of confidentiality
must be respected throughout the assessment and subsequent processes.
Determining the appropriate course of action
13.
The rapporteurs or focal points should maintain contact with the individuals or
groups alleging intimidation or reprisals, or their representatives, and determine the most
appropriate course of action in each case. When doing so, they should consider the possible
consequences for the individuals or the groups alleging intimidation or reprisals of seeking
to cooperate or cooperating with the treaty bodies, or for others who may be affected by
that action.
14.
The rapporteur or focal point should inform the Chair of their conclusions. If it
appears that intimidation or reprisals have or might have taken place, the rapporteur or focal
points should inform the Chair of the committee concerned and advise the Chair of a
potential course of action. If there is a country rapporteur, he or she should also be notified
and his or her views sought. A decision should then be taken in accordance with the rules of
procedure of the committee concerned.
Standing agenda item to be considered by each treaty body on an annual basis
15.
Treaty bodies should have as a standing agenda item, to be considered on an annual
basis, an update by the rapporteurs or focal points on intimidation or reprisals.
Network of rapporteurs and focal points on intimidation or reprisals
16.
Collectively, the rapporteurs and focal points on intimidation or reprisals serve as a
network for sharing information, facilitating supportive action by other treaty bodies when
appropriate, and aligning approaches on the most effective means of addressing
intimidation or reprisals across the treaty body system. The advice of this network may be
sought by the treaty body Chairs. In addition, the network could be consulted in the
development of additional strategies to further strengthen the protection of individuals and
groups against intimidation or reprisals resulting from their seeking to cooperate or
cooperating with the treaty bodies.
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