International Human Rights and the International Human Rights System A Manual for National Human Rights Institutions 5.4. Country visits One of the most important functions of the SPs is to conduct country visits. Most SPs make at least two country visits each year to examine the situation in the country in relation to the particular mandate. Across the current 46 mandates, 200 country visits are undertaken each year. This represents a very significant international commitment to the first-hand investigation of human rights situations. A visit cannot be carried out without the approval of the particular State. An SP will approach a State to express a wish to visit and to seek an invitation. A number of States deny access to all SPs, often not even responding to the SP’s request. Others are very selective, depending on the particular mandate or the particular mandate holder. On the other hand, almost 100 States have issued standing invitations to all SPs, indicating a willingness to receive any mandate holders who wish to visit.144 Issuing a standing invitation, however, does not mean that all SPs can in fact visit freely. Visits must still be negotiated on the basis of mutually suitable dates and sometimes a State that has issued a standing invitation may have great difficulty in finding suitable dates for an SP to visit.145 Terms of reference for country visits, adopted in 1998, provide that the SPs and UN staff assisting them should have: • freedom of movement in the whole country, in particular to restricted areas • freedom of inquiry, in particular as regards; –– access to all prisons, detention centres and places of interrogation –– contacts with central and local authorities of all branches of government –– contacts with representatives of NGOs, other private institutions and the media –– confidential and unsupervised contact with witnesses and other private persons, including persons deprived of their liberty –– full access to all relevant documentary material • assurance by the Government that persons who have been in contact with the SP will not be penalised or suffer retribution of any kind • appropriate security arrangements without, however, restricting the SP’s freedom of movement and inquiry.146 During a visit, an SP meets with the Government, government officials, the NHRI, local NGOs and local experts, including victims and others affected most by the situation, to hear their views on the issue. There have been recent incidents of those cooperating with SPs being victimized or even murdered afterwards. The HRC has recognized the danger and the reprisals that some have already suffered as a result of their cooperation with UN mechanisms. It has resolved that States should “take all necessary measures to prevent the occurrence of reprisals and intimidation”.147 A panel discussion was held at its 21st regular session in September 2012 on “the issue of intimidation or reprisal against individuals and groups who cooperate or have cooperated with the United Nations, its representatives and mechanisms in the field of human rights”.148 The Special Rapporteur on the situation of human rights defenders has particular responsibilities to protect human rights defenders. In addition, all SPs, while making county visits, should emphasize the obligation of States to protect all those who assist international human rights mechanisms. NHRIs can offer protection to those at risk and report to the international mechanisms on the risk and on any action taken against these human rights defenders. 144 For a current list of States that have issued standing invitations, see: www2.ohchr.org/english/bodies/chr/special/invitations.htm. 145 For a table on country visits, showing all visits conducted and reports, visits planned, and requests made but not answered, see: www2.ohchr.org/english/bodies/chr/special/countryvisitsa-e.htm. 146 E/CN.4/1998/45. 147 HRC Resolution 18/118; para. 1. 148 HRC Resolution 18/118; para. 3. 52 | Chapter 7: Special procedures