HRI/MC/2015/6
who seek to cooperate or have cooperated with the United Nations, its representatives and
mechanisms in the field of human rights,
Recalling their decision to develop a policy on reprisals at their twenty-seventh
meeting,5
Stressing their common will, expressed at their twenty-seventh meeting, held in San
José from 22 to 26 June 2015, to reinforce procedures related to intimidation or reprisals,
Noting with appreciation that the General Assembly, in its resolution 68/268 of
9 April 2014, strongly condemned all acts of intimidation and reprisals against individuals
and groups for their contribution to the work of the human rights treaty bodies, and urged
States to take all appropriate action to prevent and eliminate such human rights violations,
Welcoming the encouragement given by the General Assembly to the treaty bodies
to continue to enhance the role of their Chairs, including with respect to formulating
conclusions on issues related to working methods and procedural matters, promptly
generalizing good practices and methodologies among all treaty bodies, ensuring coherence
across the treaty bodies and standardizing working methods, 6
Recalling their decisions to include reprisals as a standing item on the agenda of
their annual meetings and to engage with other bodies working to protect individuals and
groups from reprisals,7
Welcoming the appointment by most of the treaty bodies of one or more
rapporteurs or a focal point on reprisals, 8
Underlining the need to enhance protection and bring coherence to treaty body
responses to individuals and groups at risk of or targeted by intimidation or reprisals,
Recalling the competence of each treaty body to adopt its own rules of procedure,
Endorse the Guidelines against Intimidation or Reprisals.
I. Purpose and scope
1.
The present Guidelines are aimed at providing practical guidance to enhance the
efficiency and effectiveness with which protection is provided by treaty bodies to
individuals and groups at risk of or facing intimidation or reprisals for seeking to cooperate
or cooperating with United Nations human rights treaty bodies.
2.
The treaty bodies strongly condemn such acts of intimidation or reprisals. By
becoming party to an international human rights treaty, a State undertakes to cooperate with
the treaty body in good faith and to exercise due diligence in doing so.
3.
States have a duty to protect individuals and groups and to exercise due diligence in
doing so. Intimidation or reprisals may be the result of acts or omission by both State and
non-State actors and all such acts fall within the scope of these Guidelines. Acts or
omissions are attributable to the State when they are carried out with the consent or
acquiescence of an official or other person acting in an official capacity against any
individuals or groups who are seeking to cooperate, who are cooperating or who have
cooperated with a treaty body.
5
6
7
8
2
See A/69/285, para. 111.
See Assembly resolution 68/268, para. 38, and A/69/285, para. 76.
See A/69/285, para. 110.
Ibid., paras. 70 and 109.