UN-Level Actions on Human Rights Defenders in China

UN Special Rapporteur on the situation of HRDs

The Special Rapporteur expressed shock at the continued judicial harassment, detention, disappearances, and torture of human rights lawyers, including lawyer Chang Weiping, five years after the start of a crackdown on the profession under the guise of national security concerns.

Response by government:

Remarks by the Spokesperson of China’s Mission to the UN in Geneva
English, Chinese (16 December 2020)

Front Line Defenders, Statement: Robust actions needed after imposition of draconian national security law for Hong Kong (1 July 2020)

Special Procedures (six mandates, including the Special Rapporteur on human rights defenders)

The UN experts raised concerns regarding the detention, arrest and charging of human rights defender and lawyer Qin Yongpei and the alleged arbitrary detention and enforced disappearance of human rights defender and lawyer Chang Weiping in “residential surveillance at a designated location”.

Response by government:

Response received on 28 December 2020 (Chinese and English)

Front Line Defenders, Urgent Appeal: Police seek prosecution of human rights lawyer Qin Yongpei (6 March 2020)

Front Line Defenders, Urgent Appeal: Human rights lawyer Chang Weiping in secret detention, denied access to lawyers (27 October 2020)

Committee on the Elimination of Racial Discrimination (CERD)

Evaluation of China’s follow-up report on the Committee’s concluding observations in 2018

Racial discrimination, Xinjiang, Tibet, enabling environment for NGOs

The Committee expressed concerns about the current legal framework governing non-governmental organisations which is restrictive and hinders NGOs from documenting and investigating violations of the Convention. The Committee also is concerned by reports of human rights defenders working on racial discrimination being subjected to torture, disappearance, and arbitrary detention.

Third Committee of the UN General Assembly

Joint statement by governments

Hong Kong, Tibet, Xinjiang

A cross-regional group of 39 governments echoed the concerns raised by 50 UN Special Procedures experts in their June 2020 joint call for actions, particularly repression of human rights defenders and of minorities in Xinjiang and Tibet, as well as provisions in Hong Kong’s new national security law which are not compatible with China’s human rights obligations. The governments called on China to allow “immediate, meaningful and unfettered access to Xinjiang for independent observers.”

Response by government:

Statement by China’s Ambassador to the UN in New York:
English, Chinese (6 October 2020)

Front Line Defenders, Statement: Robust actions needed after imposition of draconian national security law for Hong Kong (1 July 2020)

Special Procedures (seven mandates including the Special Rapporteur on human rights defenders)

Joint letter sent to the Chinese and Hong Kong governments

National security legislation

The UN experts raised concerns regarding the human rights deficiencies in the Law of the People’s Republic of China on Safeguarding National Security in the Hong Kong Special Administrative Region, which may be misused to target the legitimate activities of human rights defenders.

CHN 17/2020

Response by government:

Remarks by the Spokesperson of China’s Mission to the UN in Geneva
English, Chinese (4 September 2020)

Front Line Defenders, Human rights lawyers Chang Weiping in secret detention, denied access to lawyers (27 October 2020)

Front Line Defenders, Five years on, impunity for “709” crackdown continues (9 July 2020)

Special Procedures (seven mandates including the Special Rapporteur on human rights defenders)

Joint allegation letter sent to the Chinese government

The UN experts raised concerns and sought clarification regarding the secret trial and sentencing of human rights lawyer Yu Wensheng.

CHN 16/2020

Response by government:

Response received on 23 October 2020

Front Line Defenders, Human rights lawyer Yu Wensheng sentenced (17 June 2020)

Special Procedures (11 mandates including the Special Rapporteur on human rights defenders)

Joint allegation letter sent to the Chinese and Papua New Guinea governments

Overseas Chinese investment, business and human rights, environment, hydropower

The UN experts raised environmental, health, and human rights concerns regarding infrastructure projects in Papua New Guinea proposed by a joint venture that involves subsidiaries owned by Chinese companies.

CHN 15/2020

Response by government:

Responses by the Chinese government and by a company concerned received on 23 October 2020

Office of the High Commissioner for Human Rights (OHCHR)

National security legislation

The UN Human Rights Office expressed concerns that “the definition of some of the offences contained in the law are vague and overly broad” which “may lead to discriminatory or arbitrary interpretation and enforcement of the law, which could undermine human rights protection.”

Response by government:

Remarks by the Spokesperson of China’s Mission to the UN in Geneva
English, Chinese (3 July 2020)

Front Line Defenders, Statement: Robust actions needed after imposition of draconian national security law for Hong Kong (1 July 2020)

Special Procedures (30 mandates representing 50 experts)

Repression of fundamental freedoms, Hong Kong, Tibet, Xinjiang

Special Procedures highlighted a wide range of human rights concerns they communicated to China over the years, including the national security law in Hong Kong, repression of minorities in Xinjiang and Tibet, and persecution of human rights defenders. The experts are calling for convening a special session at the Human Rights Council to evaluate the range of violations in China and the establishment of an impartial and independent United Nations mechanism to closely monitor, analyse and report annually on the human rights situation in the country.

Response by government:

Statement of China’s Mission to the UN in Geneva
English, Chinese (26 June 2020)

Special Procedures (seven mandates including the Special Rapporteur on human rights defenders)

Joint letter to the Chinese and Hong Kong governments

Draft national security legislation

The UN experts raised serious concern regarding the proposed National Security Law for Hong Kong and provisions that fail to comply with international human rights law, in particular with the obligations of the International Covenant on Civil and Political Rights (ICCPR).

CHN 13/2020

Related Sources:

Front Line Defenders, Op-Ed: “What the new Chinese security law means for Hong Kong”, Al Jazeera (3 June 2020)

Office of the High Commissioner for Human Rights (OHCHR)

National security legislation

UN Human Rights chief Michelle Bachelet indicated she was following actions by the National People’s Congress to consider a national security law for Hong Kong, and stressed that any legislation for Hong Kong and its implementation must fully comply with China's human rights obligations and respect the provisions of the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights as applied to Hong Kong.

Response by government:

Statement by China’s Mission to the UN in Geneva:
English, Chinese (19 June 2020)

Front Line Defenders, Op-Ed: “What the new Chinese security law means for Hong Kong”, Al Jazeera (3 June 2020)

Special Procedures – Working Group on Arbitrary Detention

The Working Group rendered an official opinion finding the detention of health rights defenders and anti-discrimination NGO workers Cheng Yuan, Liu Dazhi, and Wu Gejianxiong to be arbitrary and urging for their release.

Front Line Defenders, Urgent Appeal: Formal arrest of three health rights defenders (28 August 2019)

Special Procedures (five mandates, including the Special Rapporteur on human rights defenders)

Arbitrary detention and sentencing

The UN experts called on China to lift charges against Tibetan minority human rights defender A-Nya Sengdra who is awaiting an appeal hearing against a seven-year jail sentence handed down on public order charges.

Special Procedures (three mandates, including the Special Rapporteur on human rights defenders)

Criminal prosecution, freedom of peaceful assembly

The UN experts urged the Hong Kong authorities to immediately drop the criminal prosecution of 15 pro-democracy activists who participated in peaceful protests in the city last year.

Front Line Defenders, Statement: Arrests of human rights defenders threaten rights to freedom of assembly and expression in Hong Kong (20 April 2020)

Special Procedures (five mandates, including the Special Rapporteur on human rights defenders)

Joint urgent appeal sent to the Chinese government

Arbitrary detention, minority rights

Concerns were raised and clarification sought regarding the arbitrary arrest and detention of Mr. A-Nya Sengdra, a minority human rights defender from the Tibetan community, and the charges brought against him, in connection with his human rights work.

CHN 11/2020

Special Procedures (eight mandates, including the Special Rapporteur on human rights defenders)

Joint allegation letter sent to the Chinese government

Arbitrary detention, enforced disappearance, COVID-19

The UN experts raised concerns and sought clarification regarding the penalties faced by individuals during the COVID-19 outbreak, in particular the arbitrary detention of human rights defender Guo Quan and the enforced disappearance another defender Xu Zhiyong, as a reprisal of the legitimate exercise of their right to freedom of expression.

CHN 8/2020

Response by government:

Response received on 6 July 2020

Special Procedures (four mandates, including the Special Rapporteur on human rights defenders)

Joint allegation letter sent to the Chinese and Hong Kong governments

Freedom of peaceful assembly

Special Procedures raised concerns and sought clarification regarding the arrest of 15 pro-democracy activists in connection with their participation in peaceful protests between August and October 2019 in Hong Kong.

CHN 9/2020

Response by government:

Response received on 10 July 2020

Front Line Defenders, Statement: Arrests of human rights defenders threaten rights to freedom of assembly and expression in Hong Kong (20 April 2020)

Adopted on 1 May 2020, published on 2 September 2020

Special Procedures – Working Group on Arbitrary Detention

The Working Group rendered an official opinion finding the detention of woman human rights defender and health rights advocate He Fangmei to be arbitrary and urging for her release and compensation for her detention.

Front Line Defenders, Urgent Appeal: Woman human rights defender He Fangmei disappeared for three months (8 January 2021)

Joint Statement: Hold China Accountable at HRC42 for Persecuting Economic, Social and Cultural Rights Defenders (9 September 2019)

Special Procedures (six mandates, including the Special Rapporteur on human rights defenders)

Joint letter sent to the Chinese government

Counter-terrorism and sedition-related legislation

The UN experts offered comments regarding the human rights concerns in the United Nations (Anti-Terrorism Measures) Ordinance, Cap. 575 (“Anti-Terrorism Law”) and Crimes Ordinance, Cap. 200, Sections 9 and 10 (“Sedition Law”) in Hong Kong, including the risks posed to civil society and human rights defenders. They encouraged the Hong Kong government to review and reconsider certain key aspects to ensure that the ordinances are in compliance with China’s international human rights obligations in respect of Hong Kong.

Response by government:

28-page response received on 23 July 2020 along with Annexes A, B, C, and D.

Special Procedures (six mandates, including the Special Rapporteur on human rights defenders)

Enforced disappearance

The UN experts expressed their grave concern about the well-being of human rights defenders Ding Jiaxi, Dai Zhenya, and Zhang Zhongshun, who were forcibly disappeared by the Chinese authorities shortly after their arrest in December 2019.

Front Line Defenders, Urgent Appeal: One-month incommunicado detention of four human rights defenders (27 January 2020)

Special Procedures (five mandates, including the Special Rapporteur on human rights defenders)

Joint urgent appeal sent to the Chinese government

Arbitrary detention, enforced disappearance, ill-treatment or torture

The UN experts raised concerns and sought clarification regarding the arbitrary detention and risk of ill-treatment or torture of human rights defender Shao Zhongguo in retaliation of his activities as a human rights defender, and his association with Gao Zhisheng, a human rights lawyer whose fate and whereabouts are currently unknown after having been disappeared in August 2017.

Response by government:

Response received on 2 April 2020

Front Line Defenders, Urgent Appeal: Gao Zhisheng reported missing (18 August 2017)

Special Procedures (five mandates, including the Special Rapporteur on human rights defenders)

Joint urgent appeal sent to the Chinese government

The UN experts raised concerns and sought clarification regarding the arbitrary arrest and enforced disappearance of human rights defenders Ding Jiaxi, Zhang Zhongshun and Dai Zhenya, who were each arrested on 26 December 2019 at different locations and placed under Residential Surveillance in Designated Location (RSDL).

Response by government:

Response received on 2 April 2020

Front Line Defenders, Urgent Appeal: One-month incommunicado detention of four human rights defenders (27 January 2020)