The 57th Session of the Human Rights Council
9 September- 11 October 2024
Item5: Interactive dialogue on the Secretary-General's report on cooperation with the United Nations, its representatives and mechanisms in the field of human rights
27 September 2024
By Teboho Mosebo/GICJ
Executive Summary
“The restrictions on fundamental rights and freedoms globally, including online and offline surveillance, continue to shrink civic space and increase fear of reprisals”, stated Ilze Brands Kehris, the United Nations Assistant Secretary-General, as she commenced the session by underscoring the worsening acts of reprisals and intimidation against those cooperating with the UN.
On 27 September 2024, during the 29th meeting of the 57th Session of the Human Rights Council, the Assistant Secretary-General (ASG) presented the UN Secretary General's report regarding the acts of reprisals and intimidation against individuals or groups seeking or have cooperated with the UN, its representatives and mechanisms in the field of human rights (A/HRC/57/60).
In the report, violations and abuses that were documented include kidnapping or enforced disappearances, arbitrary arrest and detention, torture and ill-treatment, and even killings. Among those targeted include human rights defenders, activists, journalists, lawyers and trade unionists, as well as victims of human rights violations, witnesses and relatives. The ASG was concerned about allegations of reprisals against young people- leaders and policymakers of the future, with at least 20 young men and women affected.
The delegation, composed of representatives from different regions worldwide, commended the ASG for her report and continued efforts to address issues related to reprisals. However, many representatives were gravely concerned about the increasing number of reprisals. Some delegations, like Indonesia, criticised the report for publishing inaccurate information about their country. Nonetheless, many NGOs and delegations called for the international community to take tangible measures to fight reprisals and implement the recommendations provided in the report.
Geneva International Centre for Justice (GICJ) commends the Assistant Secretary-General for her report on reprisals and intimidation against individuals and groups engaging with the United Nations. We urge the international community to take immediate action to address and prevent the acts of reprisals. Reprisals against individuals or groups cooperating with the UN not only violate their rights but affect the efficiency and engagement with the United Nations, its representatives and its mechanisms.
Background
Over recent years, the UN and human rights field at large have documented arbitrary detention of victims of reprisals, lengthy sentences of incarceration often on “terrorism” charges, terrorist designations or listings, travel bans, deprivation of nationality, and administrative detention or house arrest, that had the effect of preventing cooperation with the United Nations. Furthermore, the UN entities continue to document dissolutions and deregistration of civil society organisations during the reporting period, imposing additional obstacles to civil society’s engagement with the United Nations.
The grave issue of reprisals and intimidation for cooperation with the UN is essential because the restrictions on fundamental rights and freedoms globally, combined with the implementation of increasingly restrictive legal frameworks and widening surveillance, both online and offline, continue to shrink civic space and lead to increased fear of reprisals, narrowing how individuals are willing to engage, and deterring the reporting of incidents of reprisals.
Finally, many propositions and recommendations have been made to deal decisively with this issue of reprisals and intimidation. The ASG (which currently is Ilze Brands Kehris) for Human Rights, the senior United Nations official designated by the Secretary-General to lead system-wide efforts to address intimidation and reprisals, continued engagement with Member States, United Nations entities, civil society and other stakeholders to raise awareness of and concern about such trends and incidents. Finally, The Agenda for Protection was co-launched by the Secretary-General and the High Commissioner with a pledge from the United Nations system to do everything to ensure that people are protected by engaging with those responsible for preventing, responding to and mitigating harm from human rights violations.
Report of the High Commissioner for Human Rights on Cooperation with the United Nations, its representatives and mechanisms in the field of human rights.
In the present report (A/HRC/57/60), the Secretary-General highlighted activities, policy developments and good practices within the United Nations system and beyond to address intimidation of and reprisals against those seeking to cooperate or have cooperated with the United Nations, its representatives and mechanisms in the field of human rights. The report included observations on and recommendations for addressing and preventing intimidation and reprisals, as well as information on allegations of intimidation and reprisals received during the reporting period of 1 May 2023 to 30 April 2024, including follow-up information on the case. The report also included 32 countries in all regions, including current Member States of the Council.
Activities in response to acts of reprisals and intimidation.
The General Assembly and the Human Rights Council (HRC) addressed acts of intimidation and reprisals for cooperation with the UN in several countries and thematic resolutions. For instance, the gender dimension and specificity and severity of acts of reprisals against women were a grave concern, particularly those cooperating with the Security Council. The targeting of Indigenous Peoples and the Youth during their participation in the UN meetings was seen as a growing and worrisome trend.
Furthermore, different Committees in the report addressed allegations of reprisals by putting in place preventative or protection measures following fear of reprisals expressed by civil society actors. These committees include The Committee on Enforced Disappearances, the Committee on Elimination of Racial Discrimination, the Committee on Elimination of Discrimination against Women and the Subcommittee on Prevention of Torture and other Cruel, Inhuman or Degrading Treatment or Punishment. On the other hand, The World Bank also played its part by tracking and responding to credible allegations of reprisals.
Policy Developments and Good Practices
Member States agreed on various issues, including legal provisions protecting journalists, human rights defenders, and civil society organisations from threats and attacks. While several States echoed official visits by Special Procedures mandate holders, the Member States also adopted civil society protection programmes that may benefit those at risk for cooperating with the UN.
One of the recognised good practices in the report was the Human Rights Service of the United Nations Assistance Mission in Afghanistan (UNAMA), which is built upon the good practices developed by the United Nations Assistance Mission for Iraq (UNAMI) to raise awareness on digital safety and protection from online attacks, including reprisals for cooperation with the United Nations.
The report also touched on the key issue of Ensuring Access to the UN, its representatives and mechanisms in the field of human rights. Previous reports have addressed obstacles facing individuals and organisations who speak out in United Nations forums. Reports of attempts by representatives of Member States to block or delay the accreditation of civil society representatives continued to be received during the reporting period. Attempts by representatives of Member States to prevent, interrupt or discredit the interventions of civil society representatives at United Nations meetings were also documented.
Lastly, Incidents of intimidation and harassment on United Nations premises, including at Headquarters, were documented, in particular of Indigenous Peoples, who expressed concerns about meeting visibly with United Nations officials or independent experts on United Nations premises. Civil society representatives reported being photographed or recorded without their consent, receiving threats, or being subjected to intimidating remarks from government representatives before, during or after their participation in United Nations forums.
Report Conclusion and Recommendations
Reprisals cases were documented against at least 150 individuals, including 20 young people. The report also included relevant updates on the situation of 111 victims of past or ongoing reprisals, including 57 women, one boy and one girl, as well as 18 NGOs.
Member States were reminded that they bear the primary responsibility for preventing and addressing reprisals. The Assistant Secretary-General reiterated her call to States to refrain from, prevent and ensure accountability for any acts of intimidation and reprisal for cooperation with the United Nations and to share and build upon good practices on how to prevent and address reprisals for cooperation with the United Nations. The High Commissioner lastly called upon the international community to ensure that concerted action is taken to protect, support and ensure the meaningful and safe engagement of individuals and groups, including women human rights defenders and peacebuilders, with the United Nations, its representatives and mechanisms in the field of human rights.
Interactive Dialogue on the High Commissioner Report
Opening Statement
Ms Ilze Brands Kehris, the UN Assistant Secretary-General, commenced her report by thanking the Member States for their support of the role the Secretary-General has designated her to discharge in leading the efforts of the UN system to prevent and address acts of reprisals. She highlighted that 2024 included 32 countries in all regions, as well as those serving as the current Member States of the Council. She emphasised that while the report included fewer countries than in previous years, this does not itself necessarily indicate positive developments. Ms Kehris further stated that some witnesses/countries could not be included due to serious protection concerns for those affected.
Moreover, the Assistant Secretary-General underscored that severe reprisals and related violations and abuses documented in the report include kidnapping or enforced disappearances, arbitrary arrest or detention, torture and ill-treatment, and even killings. Women, Indigenous Peoples and Young people, according to Ms Brands Kehris, often face higher risks of reprisals when they engage with the United Nations.
Furthermore, the ASG was particularly concerned about allegations of reprisals against young people and indigenous peoples. She stated that they continue to support and closely monitor the safe and meaningful participation of groups such as the Indigenous People, Permanent Forum on Indigenous issues and Expert Mechanisms on the rights of Indigenous People.
In conclusion, Ms Brands Kehris welcomed the new initiatives and concrete efforts by United Nations entities and human rights bodies to support safe and meaningful engagement with civil society. She emphasised that awareness-raising with Member States and the establishment of clear processes and protocols to help identify, document, report, and respond to allegations are important steps in the right direction.
Participating Countries
The European Union (EU) delegate condemned any form of intimidation, harassment and reprisals offline and online and called on all States to protect and respect anyone or any group which cooperates or seeks to cooperate with the United Nations. The Delegate stated that such acts affect the essence and proper functioning of the UN system itself. He underscored that civil society plays a vital role in informing and shaping decisions, enhancing accountability, and promoting inclusive dialogues.
The EU welcomed the good practices indicated in the report. Furthermore, the EU echoed the importance of ensuring civil society access to the UN, its representatives, and mechanisms. The Delegate was concerned about new tendencies that have become common, such as, surveillance (online/offline) and self-censorship. Lastly, the EU asked if there were any ways to publish the witnesses’ cases without putting them in danger.
On behalf of Nordic-Baltic countries, the Iceland delegate thanked the ASG for the critical and potentially life-saving report. The Representative emphasised that everyone can access and cooperate with the UN. He further emphasised that civil society organisations and human rights defenders are invaluable to promoting and protecting human rights- underscoring their work is crucial to preventing, documenting, and addressing human rights violations and abuses globally.
Moreover, Iceland condemned the continued intimidation and other forms of coercion and retaliation against civil society organisations and human rights defenders, both online and offline, by State and non-State actors. The Delegate was also alarmed by the severe protection concerns expressed by the victims of reprisals, as outlined in the report. The Representative stated that if such a dangerous trajectory is continued, it will undermine the collective commitments and values and threaten the advancement of human rights. Lastly, the Iceland Delegate called for more robust protection mechanisms.
The Belgian delegate welcomed the report and condemned all acts of reprisals against human rights defenders, especially for engaging with the UN. The delegate highlighted three cases mentioned in the ASG’s report, and among those is Li Qiaochu, a woman human rights defender who has completed her arbitrary detention in China. The Delegate called for an end to continued restrictions on her freedoms of movement and expression. He called for charges to be dropped, and those detained were released immediately.
The delegate also remained concerned about cases of reprisals, including the one of Pham Doan Trang, a woman human rights defender, who is currently arbitrarily detained for sharing reports with the UN on the human rights situation in VietNam, among others, and called for her immediate release. Lastly, the representative called on all States to end all reprisals against human rights defenders.
The Canadian delegate also welcomed the report but expressed serious concern over the increasing cases of reprisals and intimidation against those cooperating with the United Nations. She highlighted that as Member States, it is their responsibility to foster a safe, inclusive, and good environment for all to engage in. Moreover, the representative reaffirmed the right to freedom of expression and association, including when exercised by legal teams engaging with the UN in support of their clients.
The delegate stated that freely engaging with the human rights mechanisms and advocating in multilateral forms is essential. Finally, Canada expressed concern about instances of reprisals against human rights defenders engaging in human rights issues in China, including against legal teams.
The delegate of Poland thanked the assistant secretary-general for her report. However, concerns were expressed about continued intimidation and reprisals against individuals, especially those engaging with the UN and against civil society at large. Poland drew the Council's attention to the deteriorating situation in Belarus, where the number of arbitrary prisoners and civil society organisations has significantly increased. The delegate called on Russia to immediately cease all unlawful acts. Lastly, the delegate asked how the international community would better support civil society organisations in exile diaspora communities and enable them to continue their work effectively.
The Representative of Ireland, on the other hand, commended the continued efforts to address acts of reprisals and intimidation. Ireland firmly believed in the right for individuals to associate with others freely, and access and cooperate with the international bodies, including the UN and its mechanisms. He further emphasised that no barrier, legal or otherwise, should interfere with this right. Ireland further raised concerns about the fact that the number of cases is higher than reported due to the climate of fear and security. Lastly, the delegate condemned all acts of online and offline reprisals and intimidation by States and non-State actors against those seeking to engage with the UN.
The Indonesian Representative lambasted the allegations made in the Secretary General’s report against her fellow country and called for the removal of Indonesia's name in the report. One of the allegations included was the case of Mr Yones Douw, a member of the indigenous Me tribe who documents alleged violations in West Papua (IDN 2/2020124), who has been targeted, questioned and monitored by military groups.
The Delegate argued that the cases have been adequately addressed and resolved. Furthermore, she stated that they use legitimate law against criminal activities and do not necessarily condone acts of reprisals. In conclusion, the Delegate also argued that unfundamental cases against them undermine the credibility of genuine law. Indonesia lastly urged the report to reflect a fair and balanced assessment. It reiterated their commitment to upholding human rights and the rule of law, ensuring that every citizen is equal before the law.
The Iranian Delegate reaffirmed its commitment to cooperation with the UN and its representatives. However, the delegate was also not happy about Iran's mentioning in the report, claiming that the issues fall outside the cooperative mandate. The allegations include, among others, The case of Mr Manouchehr Bakhtiyari, the father of Pouya Bakhtiari, a protestor who was shot in the head by security forces and killed during the nationwide November 2019 protests, has been included in reports of the Assistant Secretary-General since 2021 on allegations of repeated arrests, interrogations and threats for publicly calling for justice for his son’s death, including in an open letter addressed to the United Nations High Commissioner for Human Rights and others.
The Delegate stated that publishing and releasing reports based on misleading and inaccurate information is inappropriate. He further urged the UN system to avoid assumptions and prejudgment in its reporting and called for reports to be fact-checked. The Iranian Delegate called for the issue of reprisals against individuals, particularly women who cooperate with the UN, to be further addressed in the future.
The Algerian Delegate highlighted that they cooperate on a regular basis with the Council Special Procedures and has invited several of them to visit the country. In the spirit of cooperation, Algeria has successfully hosted the visit of Special Rapporteurs (SR) on Peaceful Assembly and Association in September 2023 and SR on Human Rights Defenders in December 2023.
The Delegate further highlighted that Human Rights Defenders, civil society activists and opposition members in Algeria have been freely and openly able to engage with the government without any restrictions or reprisals. Finally, the delegate hoped that the Algerian government would reply to alleged cases and deal with those cases in a more objective manner. Algeria remained committed to strengthening its constrictive cooperation with the Council of Special Procedures.
The Delegate of Malawi thanked the Secretary General (SG) for her comprehensive report, highlighting cases of reprisals against individuals cooperating with the UN. However, the Delegate noted with concern the observation made by the SG, that the number of reported acts of intimidation and reprisals by States and non-State actors against individuals/groups seeking to cooperate with the UN, remained high during the reporting report.
Malawi expressed commitment to play its part in preventing and addressing cases of reprisals and urged all States (non-State actors too) and relevant players to take necessary steps to ensure that all individuals/groups cooperating with the UN and its mechanisms, do so without any intimation or threats of reprisals.
The Representative of Botswana recognised the importance of cooperation with the UN system on it's unique mandate in advancing key issues on international agenda, including human rights. In this regard, Botswana called on Member States to commit to the principles of cooperation, transparency and accountability.
Furthermore, the Delegate expressed concern on allegations on incidents of intimidation and further noted with concern the reported cases of reprisals against human rights defenders and civil society actors, in the context of the Universal Periodic Review (UPR. Therefore, the Representative called for an end to such acts wherever they may be occurring.
In conclusion, Botswana appreciated the inclusion in the report of the good practices that promote cooperation between civil society and the UN. The Delegate reiterated the SG’s call for the international community to concerted action to support, protect and ensure meaningful and safe engagement by individuals and groups, including human rights defenders with the UN mechanisms and it's representatives.
In her statement, The South African Delegate highlighted that the year 2024 marks the 30th anniversary of democracy in South Africa. However, she stated that the celebration might remain a distant dream, especially without solidarity with civil society support. Therefore, she referred to this and reprisals as the tyranny of apartheid. The representative further indicated that South Africa is not only a nation born of human rights defenders, but many of their people pay the ultimate price for cooperating with the UN.
Therefore, she vowed that South Africa can always be counted on to defend human rights. She called for attention to be paid towards the genocide taking place in Gaza. Also, she claimed that they were compelled to apologise for attending the UN side events. Lastly, she emphasised that repressive acts and abuses have no place at the UN because they affect its integrity.
The Malaysian Representative noted with concern the observation made by the Assistant Secretary-General that the number of reported acts of intimidation and reprisals by States and non-State actors against individuals/groups cooperating with the UN, remained high during the reporting period.
The Delegate expressed the commitment to play their part in preventing and addressing cases of reprisals. He urged all States and non-State actors to ensure that all individuals and groups cooperating with the UN and its mechanisms do so without any intimation or threats of reprisals.
The Denmark Delegate raised concerns that, once again, the report highlighted a high number of reported acts of intimidation and reprisals against the individuals and groups cooperating with the UN. The Representative raised concerns that prisoners serving life sentences have not been dealt with, even though their cases have been raised before the Council many times. Lastly, the Delegate called on all States to release all human rights defenders imprisoned for exercising their fundamental rights.
Closing remarks
The Assistant Secretary-General could not answer all questions but was open to more engagement and appreciated everyone for their participation. She further welcomed the new initiatives and concrete efforts by United Nations entities and human rights bodies supporting safe and meaningful engagement with civil society. She also concurred that raising awareness with Member States and establishing clear processes and protocols to help identify, document, report, and respond to allegations are essential steps in the right direction.
Moreover, Ms Kehris was impressed by the good practices of many Member States in supporting civil society actors at risk, including through temporary visa and relocation programmes and specific measures to ensure the safe participation of their interlocutors in UN events that they host.
The Assistant General Secretary thanked everyone's collaboration, especially in preventing and addressing intimidation and reprisals against those who cooperate with the UN and mentioned that it is everyone's duty. She stated that together with the UN Human Rights, they are determined to fulfil this responsibility.
Finally, she emphasised that those who trust in them must be supported and protected and she looked forward to continuing working with the HRC and all UN Member States in this regard.
Non-Governmental Organisation Statements
Many NGOs expressed their heartfelt gratitude to the Assistant Secretary General's report and commended her for tireless efforts to address issues related to reprisals and intimidation. However, even though they recognised the implementation of good practices and policies by various States, they also remained concerned about the increasing and alarming rate of incidents of reprisals and intimidation. They emphasised that cooperating with the United Nations and its mechanisms is a fundamental right that must not be interfered with. They urged all States non-State actors to uphold international laws and allow civil society and other human rights defenders to engage with the UN freely.
Geneva International Centre for Justice Position
Geneva International Centre for Justice (GICJ) express strong gratitude for the recent report on reprisals against individuals or groups cooperating with the United Nations. As an organisation advocating for the promotion and protection of human rights, we are deeply concerned about the increasing rate of reprisals against those engaging with the UN, especially young people, women and the Indigenous Peoples. GICJ, therefore, condemns repressive and restrictive laws that deter people from freely and openly engaging with the United Nations, its representatives and its mechanisms. We call on the international community to take concerted action to fight against reprisals, and those responsible must be held accountable.
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