HRI/MC/2015/6
4.
The Guidelines are formulated as a common basic approach that may be adapted and
developed further by each treaty body in order to best reflect its particular context, mandate
and experience in order to fully realize the purposes of these Guidelines.
II. General principles
5.
The principles underlying the present Guidelines are the following:
(a)
The right for everyone to have unhindered access to and to communicate with
the treaty bodies and their members for the effective implementation of the treaty body
mandates;
(b)
The freedom for everyone from any form of intimidation or reprisals, or fear
of intimidation or reprisals, when seeking to cooperate or cooperating with the treaty
bodies;
(c)
The responsibility of States to avoid acts constituting intimidation or reprisals
and to prevent, protect against, investigate and ensure accountability and to provide
effective remedies to victims of such acts or omissions;
(d)
Equality and non-discrimination;
(e)
The need to respect the “do-no-harm” principle, participation, confidentiality,
safety, security, and free and informed consent;
(f)
The mainstreaming of a gender perspective in the work of the treaty bodies.
III. Operational practice
6.
The treaty bodies possess a range of means to assist and protect individuals and
groups alleging that they have been the object of intimidation or reprisals for seeking to
cooperate or cooperating with them. Such responses may be taken by the treaty bodies
concerned or in cooperation with others, including States, the Secretary-General, the United
Nations High Commissioner for Human Rights, the special procedures mandate holders of
the Human Rights Council, international and regional organizations, resident coordinators
and United Nations country teams, the diplomatic community, national human rights
institutions and civil society.
7.
The approaches and actions set out below, not all of which are applicable in all
contexts, may be applied separately or cumulatively.
A.
Role of the rapporteurs or focal points on intimidation or reprisals
8.
Each treaty body should consider appointing at least one member as rapporteur or
focal point on intimidation or reprisals, for a term to be determined by the treaty body
concerned.
Consistency across the treaty bodies
9.
The rapporteurs or focal points should, if appropriate, make proposals to their
respective committees that reflect these Guidelines and help to align the approaches taken
to prevent and protect individuals and groups against intimidation or reprisals, in order to
enhance consistency across the treaty body system.
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