This page summarizes cases raised with China by the Special Rapporteur between May 1, 2011, (when the Special Rapporteur took up his functions) and February 28, 2017 (the date of the last public release of communications). Communications are released to the public once per year. This page also contains observations on these communications and on responses received from China.
Communications and observations are divided into sections based upon which observation report they originally appeared.
Each communication is referenced as urgent appeal (UA), allegation letter (AL), joint urgent appeal (JUA) and joint allegation letter (JAL) – the hyperlinks lead to these documents. This is followed by the date the communication was issued, as well as the case number and the State reply (also hyperlinked if available).
Summaries and communications are published only in the language of submission (in the case of China, English and Chinese).
Observations
The Special Rapporteur thanks the Government of the People‟s Republic of China for its response to the communication dated 10 February 2012. At the time of the finalization of this report, a translation of the reply was not available. He however regrets that the Government had not transmitted replies to the other communications sent. He urges the authorities to provide as soon as possible detailed responses to all the concerns raised in the other communications due to the grave nature of the allegations received with respect of the right to freedom of peaceful assembly and of association.
On 1 November 2011, the Special Rapporteur joined a press statement issued by several special procedures mandate holders, in which they voiced grave concern over reports of heavy security measures, in and around the area of the Tibetan Buddhist Kirti monastery – which houses some 2,500 monks- and other monasteries in Aba County, an area of Sichuan province with many ethnic Tibetans in south-west China. The Special Rapporteur warned that a series of measures, including security raids and surveillance within monasteries, with police presence inside and outside monasteries to monitor religious activities, seriously impeded the exercise of the right to association of members of the monastic community”.
The Special Rapporteur urges the authorities to refrain from using force during peaceful demonstrations. He reminds that the right to life is a non-derogable right in international human rights law, including in the context of assemblies. In this regard, he refers to Article 5 of the Basic Principles on the Use of Force and Firearms by Law Enforcement Officials Adopted by the Eighth United Nations Congress on the Prevention of Crime and the Treatment of Offenders (1990), which provides that “whenever the lawful use of force and firearms is unavoidable, law enforcement officials shall minimize damage and injury, and respect and preserve human life.” A thorough and independent investigation over any allegations of excessive use of force and of torture and ill treatment during peaceful demonstrations should be conducted, those responsible should be held accountable, and victims should be provided with full redress. He requests the Government to keep him informed about the investigations conducted in relation to the aforementioned cases.
The Special Rapporteur further recommends the Government to put in place an enabling and safe environment allowing individuals to exercise their legitimate freedoms without undue hindrances.
The Special Rapporteur refers again to Human Rights Council resolution 15/21, and in particular operative paragraph 1 that “[c]alls upon States to respect and fully protect the rights of all individuals to assemble peacefully and associate freely, including in the context of elections, and including persons espousing minority or dissenting views or beliefs, human rights defenders, trade unionists and others, including migrants, seeking to exercise or to promote these rights, and to take all necessary measures to ensure that any restrictions on the free exercise of the rights to freedom of peaceful assembly and of association are in accordance with their obligations under international human rights law”.
The Special Rapporteur reminds the Government of his country visit request sent in September 2011, to which a response is yet to be received. In this connection, OP6 of resolution 15/21 states that the “Human Rights Council… [c]alls upon States to cooperate fully with and assist the Special Rapporteur in the performance of his or her tasks, to provide all necessary information requested by him or her, … and to consider favourably his or her requests for visits”.
Observations
The Special Rapporteur thanks the Government of the People‟s Republic of China for its responses to the communications sent.
The Special Rapporteur remains very preoccupied about the on-going repression against peaceful protestors in China, in particular in the Tibet Autonomous Region. He urges the authorities to protect and facilitate peaceful demonstrations, and refrain from using force during such demonstrations. He reminds that the rights to life and to be free from torture or cruel, inhuman or degrading treatment or punishment are non-derogable rights in international human rights law, including in the context of assemblies. In this regard, he refers to Article 5 of the Basic Principles on the Use of Force and Firearms by Law Enforcement Officials Adopted by the Eighth United Nations Congress on the Prevention of Crime and the Treatment of Offenders (1990), which provides that “whenever the lawful use of force and firearms is unavoidable, law enforcement officials shall minimize damage and injury, and respect and preserve human life.” A thorough and independent investigation over any allegations of excessive use of force and of torture and ill treatment during peaceful demonstrations should be conducted, those responsible should be held accountable, and victims should be provided with full redress. He requests the Government to keep him informed about the investigations conducted in relation to the aforementioned case.
The Special Rapporteur further recommends that the Government put in place an enabling and safe environment allowing individuals to exercise their legitimate freedoms without undue hindrances.
The Special Rapporteur refers to Human Rights Council resolution 21/16, and in particular operative paragraph 1 that “[r]eminds States of their obligation to respect and fully protect the rights of all individuals to assemble peacefully and associate freely, online as well as offline, including in the context of elections, and including persons espousing minority or dissenting views or beliefs, human rights defenders, trade unionists and others, including migrants, seeking to exercise or to promote these rights, and to take all necessary measures to ensure that any restrictions on the free exercise of the rights to freedom of peaceful assembly and of association are in accordance with their obligations under international human rights law”.
The Special Rapporteur reminds again the Government of his country visit request sent in September 2011, to which a response is yet to be received. In this connection, OP6 of resolution 15/21 states that the “Human Rights Council… [c]alls upon States to cooperate fully with and assist the Special Rapporteur in the performance of his or her tasks, to provide all necessary information requested by him or her, … and to consider favourably his or her requests for visits”.
Observations
The Special Rapporteur thanks the Government of the People’s Republic of China for its responses to most of his communications, but regrets that it did not respond to his letter of 22 August 2013. He considers responses to his communications as an important part of the cooperation of Governments with his mandate, and urges the authorities to provide as soon as possible detailed responses to all the concerns raised in his communication.
The Special Rapporteur remains very preoccupied about the physical and psychological integrity of people exercising their rights to freedom of peaceful assembly and of association in China. He recommends that the Government put in place an enabling and safe environment allowing individuals to exercise their legitimate freedoms without undue hindrances.
The Special Rapporteur remains seriously concerned about the on-going repression against peaceful protestors in China, in particular in the Tibet Autonomous Region. He urges the authorities to protect and facilitate peaceful demonstrations, and refrain from using force during such demonstrations. He reminds that the rights to life and to be free from torture or cruel, inhuman or degrading treatment or punishment are non-derogable rights in international human rights law, including in the context of assemblies. In this regard, he refers to Article 5 of the Basic Principles on the Use of Force and Firearms by Law Enforcement Officials Adopted by the Eighth United Nations Congress on the Prevention of Crime and the Treatment of Offenders (1990), which provides that “whenever the lawful use of force and firearms is unavoidable, law enforcement officials shall minimize damage and injury, and respect and preserve human life.” A thorough and independent investigation over any allegations of excessive use of force and of torture and ill treatment during peaceful demonstrations should be conducted, those responsible should be held accountable, and victims should be provided with full redress. He requests the Government to keep him informed about the investigations conducted in relation to the aforementioned case.
In addition, the Special Rapporteur remains deeply concerned about the arrest and detention of, and acts of intimidation against, human rights defenders in China for peacefully claiming their legitimate right to be part of the Universal Periodic Review process. He is particularly deeply disturbed by the death of Ms. Cao Shunli on 14 March 2014, subsequent to her enforced disappearance and then arbitrary detention, and the alleged denial of medical treatment while in detention. In this regard, the Special Rapporteur, jointly with other special procedures mandate holders, voiced concerns about Ms. Shunli’s situation in a public statement issued on 16 October 2013.[1]
The Special Rapporteur is also seriously concerned about the targeting of the members of the New Citizens Movement because of their peaceful and legitimate work in promoting human rights, primarily exposing alleged corruption amongst public officials and advocating for democracy.
The Special Rapporteur refers to Human Rights Council resolution 24/5, and in particular operative paragraph 1 that “[r]eminds States of their obligation to respect and fully protect the rights of all individuals to assemble peacefully and associate freely, online as well as offline, including in the context of elections, and including persons espousing minority or dissenting views or beliefs, human rights defenders, trade unionists and others, including migrants, seeking to exercise or to promote these rights, and to take all necessary measures to ensure that any restrictions on the free exercise of the rights to freedom of peaceful assembly and of association are in accordance with their obligations under international human rights law”.
The Special Rapporteur reminds again the Government of his country visit requests sent in September 2011 and October 2013, to which a response is yet to be received. In this connection, OP6 of resolution 15/21 states that the “Human Rights Council… [c]alls upon States to cooperate fully with and assist the Special Rapporteur in the performance of his or her tasks… and to consider favourably his or her requests for visits”.
[1] “UN experts alarmed by reprisals against activists linked to China’s international human rights review”(16/10/2013): http://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=13860&LangID=E
Observations
Responses to communications
The Special Rapporteur thanks the Government of China for its responses to the communications sent during the present reporting period. However, he regrets not having received replies to the communications sent on 4 March 2014 (CHN 2/2014), 3 April 2014 (CHN 4/2014), 5 May 2014 (CHN 6/2014), 23 October 2014 (CHN 9/2014) and 17 November 2014 (CHN 12/2014). He urges the Government to provide detailed responses to the questions raised in his letters, given the severity of the allegations contain therein. He reminds the authorities that he considers responses to his communications as an important part of the cooperation of Governments with his mandate, in accordance with Human Rights Council resolutions 24/5 (2013), 21/16 (2012) and 15/21 (2010).
Reported reprisals
The Special Rapporteur learned with dismay of the death of human rights defender Ms. Cao on 14 March 2014. Ms. Cao had been the subject of several communications by Special Procedures in previous months following successive undue arrests related to her legitimate human rights activities. Her participation in a sit-in in Beijing during which protestors requested Chinese authorities to allow civil society, an officially recognized actor of the Universal Periodic Review mechanism, to input information into the National Report to this body had reportedly motivated her latest arrest in August 2013. A group of United Nations experts, including the Special Rapporteur, had joined their voices to express alarm about the deteriorating health situation of Ms. Cao in a press release on 16 October 2013.
The Special Rapporteur reiterates his utmost concern that the death of Ms. Cao may be a reprisal for her continued cooperation with the United Nations, its mechanisms and representatives in the field of human rights, namely with the Universal Period Review process. He urges the authorities to inform him of the results of the investigations of the circumstances leading to Ms. Cao’s death, as soon as possible. He emphasizes that the right to life should be guaranteed by States to all individuals under all circumstances and at all times, including in the context of the exercise of the rights to freedom of association and of peaceful assembly, as prescribed by article 3 of the Universal Declaration of Human Rights.
Moreover, he echoes the Human Rights Council resolutions 12/2, 24/24 and 27/38, which condemn all acts of intimidation or reprisal by Governments and non-State actors against individuals and groups who seek to cooperate or have cooperated with the United Nations, its representatives and mechanisms in the field of human rights.
Environment in which these rights are exercised
The Special Rapporteur remains gravely disturbed by allegations of reprisals, repeated arrests, criminalization, harassment of families and disappearance of human rights defenders as a result of their legitimate human rights activities. Moreover, he expresses serious concern at the reported instances of torture and ill-treatment and deteriorating health of human rights defenders in detention. He recalls the decisive role played by associations to foster development and to meet populations’ needs and aspirations and the importance to ensure a free and unhampered enjoyment of the right to assembly and protest to build peaceful and democratic societies. To this end, he urges the authorities of China to respect, protect and fulfil the rights to free association and peaceful assembly. In this regard, he recalls the recommendation made by the Committee on the Elimination of Discrimination against Women to enable direct registration of associations without sponsorship (CEDAW/C/CHN/CO/7-8, paragraph 33) and reminds the Government that the right to associate protect both registered and unregistered associations.
Crime of picking quarrels and provoking trouble
The Special Rapporteur takes note of the reply of the Government on 8 December 2014 indicating that the Intermediate People’s Court of Xin Yu City had sustained the ruling of the People’s Court of Yu Shui District condemning human rights defender Ms. Liu Ping to an imprisonment of 6.5 years for the crime of picking quarrels and provoking trouble (CHN 10/2014). The Special Rapporteur acknowledges the Chinese criminal law and other domestic laws and regulations applied by the courts that found Ms. Liu guilty of, among other things, spreading fabricated information on the Internet, stirring trouble and provoking unrest and disturbance of public order. He, however, reminds the State of its commitment to protect and promote rights set forth in international human rights law and standards, which include the rights to peaceful assembly and association. He urges the Government of China to uphold its international human rights commitments and to refrain from passing or implementing laws, as well as validating practices that seriously impede the enjoyment of fundamental rights. In relation to the use of the Internet, the Special Rapporteur call on the authorities to guarantee an unhampered access to the Internet and echoes Human Rights Council resolution 26/13 on the promotion, protection and enjoyment of human rights on the Internet.
Similarly, the Special Rapporteur remains concerned about the situation of human rights lawyer Mr. Chang Boyang, detained on 26 May 2014 and charged with the crime of “assembling a crowd to disturb order at public places” (CHN 8/2014). He takes note of the reply of the Chinese Government, and in that regard, looks forward to receiving further information on the outcome of the proceedings and investigations related to the case.
Country visit
The Special Rapporteur reminds the Government of his willingness to undertake a country visit to China, as indicated by letters on 23 September 2011 and on 15 November 2013. He trusts that such a visit would allow him to examine in situ issues relating to his mandate, identify good practices and formulate pertinent recommendations to relevant stakeholders. He looks forward to receiving a positive reply at the earliest possible opportunity. He reiterates that Human Rights Council resolution 15/21, which established his mandate, and 24/5, which renewed it for an additional period of three years, both urge the States to consider favourably his requests for visits.
Observations
Responses to communications
The Special Rapporteur thanks the Government of China for its responses to all the communications sent during the reporting period, the majority of which are still awaiting translation at the time of drafting this report.
He expresses his deep disappointment at the adoption on 28 April 2016 by the National People’s Congress of the Law on the Management of Foreign Non-Governmental Organizations’ Activities on 28 April 2016, which will enter into force on 1 January 2017. He believes that the “excessively broad and vague provisions, and administrative discretion given to the authorities in regulating the work of foreign NGOs, can be wielded as tools to intimidate, and even suppress, dissenting views and opinions in the country… [Furthermore, it is feared that] this Law will severely hinder the work of civil society organizations whose work is deemed sensitive by the authorities, and it will have a detrimental impact on the existence and operations of domestic NGOs that cooperate with foreign NGOs and/or are dependent of funding from them, and which carry out activities in the field of human rights, including economic and social rights”.[1]
While awaiting the translation of the responses received, the Special Rapporteur remains gravely disturbed by allegations of arrests, criminalization, harassment of families and disappearance of individuals, including lawyers and trade unionists, as a result of the exercise of their rights to freedom of peaceful assembly and/or freedom of association. He is equally concerned about the situation of individuals similarly targeted in the Tibet Autonomous Region and neighbouring provinces because of the exercise of these rights. To this end, he urges the authorities of China to respect, protect and fulfil the rights of everyone to free association and peaceful assembly. In this regard, he reminds the Government of China of its positive obligation to ensure that civil society, including human rights defenders, can carry out their legitimate work free in a safe and enabling environment without fear of threats or acts of intimidation, harassment or threats of any sort. He also wishes to refer to the joint report on the proper management of assemblies he prepared with the Special Rapporteur on extrajudicial, summary or arbitrary executions (A/HRC/31/66), which is particularly relevant to the present situation in the country.
Country visit
The Special Rapporteur reminds the Government of his pending requests to visit China, as indicated by letters on 23 September 2011 and on 15 November 2013. He trusts that such a visit would allow him to examine in situ issues relating to his mandate, identify good practices and formulate pertinent recommendations to relevant stakeholders. He looks forward to receiving a positive reply at the earliest possible opportunity. He reiterates that Human Rights Council resolution 15/21, which established his mandate, and 24/5, which renewed it for an additional period of three years, both call upon States to consider favourably his requests for visits.
[1] See the press release issued after the reporting period: http://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=19921&LangID=E
Observations
Response to communications
The Special Rapporteur thanks the Government for its responses to two of the three communications sent in the reporting period and urges the Government to submit a substantive response to the communication sent on 20 July 2016.
The Special Rapporteur acknowledges receipt of the responses provided by the Government to two out of the three communications sent during the reporting period and urges the Government to respond to the joint urgent appeal sent on 20 July 2016.
The Special Rapporteur expresses serious concerns regarding the situation of human rights defenders in China, including several troubling trends highlighted by the communications sent and press releases issued during the reporting period. These include the targeting of human rights defenders, human rights lawyers and their family members, and in some cases, their detention, in an attempt to silence critical voices and to prevent them from continuing their legitimate and peaceful human rights work.
The Special Rapporteur expressed his concerns about the Law on the Management of Foreign Non-Governmental Organizations’ Activities, adopted on 28 April 2016, and which entered into force on 1 January 2017. He is of the view that the excessively broad and vague provisions, and administrative discretion given to the authorities in regulating the work of foreign NGOs can be wielded as tools to intimidate, and even suppress, dissenting views and opinions in the country. Concern is expressed that under the provisions of the Law foreign NGOs must be registered with public security organs, and accept ‘supervision and management’ by these organs, which are given extensive powers, such as summoning NGO representatives for questioning, conducting on-site inspections and seizing documents, making inquiries into, and possibly requesting the freezing of, bank accounts, ordering the suspension of activities, withdrawing the registration certificate, and listing them as ‘unwelcome’ if they are suspected to carry out illegal activities. The public security organs can also order the detention of NGOs’ staff members, and deport those who are foreigners. It is feared that the Law will have a detrimental effect on domestic civil society organizations which depend on funding from foreign NGOs. Additional concern is expressed that numerous provisions in the Law do not comply with international law and standards pertaining to the rights to freedom of association and of peaceful assembly.
Concerning the case of the arbitrary arrest and detention of two women human rights defenders, Ms. Zhang Shuzhi and Ms. Liu Jie, while the Special Rapporteur acknowledges the response of the Government dated 22 July 2017, he nonetheless reiterates his concerns that the two human rights defenders did not have access to legal counsel for the entire duration of their detentions and/or proceedings. He is alarmed at the numerous reports indicative of a trend of human rights defenders who were allegedly deprived of due process guarantees of fair trial, including lack of access to legal counsel for the entire duration of legal proceedings.
The Special Rapporteur maintains his concerns expressed both in two communications sent, and a press release, on the sentencing of writer and human rights defender Mr. Yang Maodong, commonly known by his pen name Guo Feixiong. While the Special Rapporteur acknowledges receipt of the response of the Government to the communication sent on 23 December 2015, concerning the sentencing of Mr. Maodong, but regrets that no response has so far been provided to the allegations contained in the joint urgent appeal sent on 20 July 2016, regarding the serious health condition of Mr. Maodong, as well the allegations relating to his torture, ill-treatment and on-going arbitrary detention. Serious concern is expressed about the physical and psychological integrity of the human rights defender, and the lack of proper medical care.
Concerning the communication sent on 7 November 2016, regarding severe restrictions of religious freedom in the Tibetan Autonomous Prefecture; the alleged mass expulsion of religious practitioners from Larung Gar and Yachen Gar, demolitions of monastic homes in Larung Gar and the cultural and environmental impact of the mining activities at the Holy Gong-ngon Lari Mountain, as well as excessive use of force against, and arbitrary arrest and detention of, peaceful protestors, the Special Rapporteur thanks the Government for its reply dated 5 December 2016 but regrets that at the time of the submission of the present report the translation was not yet available.
The Special Rapporteur is particularly concerned about the peaceful gathering by a group of Tibetans on 31 May 2016, which called for an end to the mining project in Amchok in light of its environmental impact and the damage it would do to their cultural and religious heritage sites and symbols. In response to these protests, on 1 June 2016, local authorities allegedly deployed heavy armed forces and suppressed the peaceful demonstration by beating, and arbitrarily arresting and detaining some protestors. The authorities also tightened surveillance around the area and imposed severe restrictions on communication with the outside world. In this regard, the Special Rapporteur expresses his concerns regarding the excessive use of force by local authorities against protesters in Amchok, which appear to be in violation of their right to freedom of peaceful assembly. He is further concerned about the chilling effect of the circular issued on 3 June 2016 on the exercise of the right to peaceful assembly in Amchok.
For the full reports, containing communications, replies and observations for all countries, see the following links:
Report A/HRC/20/27/Add.3: May 1, 2011 to March 15, 2012
Report A/HRC/23/39/Add.2: March 16, 2012 to February 28, 2013
Report A/HRC/26/29/Add.1: March 1, 2013 to February 28, 2014
Report A/HRC/29/25/Add.3: March 1, 2014 to February 28, 2015
Report A/HRC/32/36/Add.3: March 1, 2015 to February 28, 2016
Report A/HRC/35/28/Add.4: March 1, 2016 to February 28, 2017
