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European Bar Association gives 2023 award to three Chinese lawyers

December 5, 2023

Jailed Hong Kong, Chinese attorneys honored with human rights award

From right, jailed Hong Kong barrister Chow Hang-tung and Chinese rights attorneys Xu Zhiyong and Ding Jiaxi were honored with human rights awards by the Council of Bars and Law Societies of Europe. Credit: Reuters, AP, Reuters

Three jailed attorneys from Hong Kong and China have been honoured with Council of Bars and Law Societies of Europe human rights awards, as a Chinese court rejected appeals from two of them, upholding their original sentences for “subversion.”

For more on these CCBE human rights awards, see: https://www.trueheroesfilms.org/thedigest/awards/A3C73F81-6FCB-4DDD-9356-61C422713949

Jailed Hong Kong barrister Chow Hang-tung, who has been behind bars since September 2021, and Chinese rights attorneys Xu Zhiyong and Ding Jiaxi, who were jailed in April for attending a 2019 gathering of dissidents in the southeastern city of Xiamen, were given the awards in absentia in recognition of their work upholding human rights, the association said on its website. See: https://humanrightsdefenders.blog/2023/04/11/xu-zhiyong-and-ding-jiaxi-two-human-rights-defenders-in-china-sentenced/

The ceremony in Athens took place on Friday 24 November, the same day that a court in the eastern province of Shandong rejected appeals from Ding and Xu, who are currently serving 12- and 14-year jail terms handed down by the Linshu County People’s Court for “subversion of state power,” respectively.

Chow said in an acceptance speech sent from prison that the fight for democracy in China is part of ensuring that the law serves democratic and humanitarian values, rather than just the wishes of those willing to use force to bring others in law. See: https://www.ccbe.eu/fileadmin/speciality_distribution/public/documents/HUMAN_RIGHTS_AWARD/2023/EN_2023_HR_Speech_Chinese-Human-rights-lawyer-Hang-Tung-Chow.pdf

“The dignity of our profession … it is bound up with the dignity of the law, with whether the law reflects our autonomy or denies it,” wrote Chow, who organized now-banned annual vigils commemorating the 1989 Tiananmen massacre.

“In that sense the building of democratic institutions that alone can safeguard the law’s dignity is also a lawyer’s duty, which is why all three of us receiving this prize today are jailed for working for democracy in China, a fight that may seem unrelated to our profession but is in fact, central to it,” said Chow.

She is currently awaiting trial under a security law on charges of “subversion” amid an ongoing crackdown on dissent in Hong Kong.

“It is a fight we cannot waver from, even when knowing that the laws we served would likely condemn us,” she said, describing the fight as “the highest service a lawyer can offer her fellow men.”

Rights activist Patrick Poon said the fact that Chow was honored alongside Xu and Ding shows how little difference there is now between the judicial systems in Hong Kong and mainland China, following a years-long crackdown on political opposition and public dissent in the wake of the 2019 protest movement.

https://www.rfa.org/english/news/china/china-lawyers-awards-11272023160715.html

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NGO Statement on outcomes of the UNGA 78 Third Committee

November 23, 2023

14 NGOs that closely follow and engage with the General Assembly Third Committee have published a joint statement on outcomes of this 78th sessionp

The undersigned civil society organisations mark the conclusion of the UN General Assembly’s (GA) 78th Third Committee session with the following observations on both thematic and country-specific outcomes. We urge all States to implement the commitments they have made during this session to their full extent.

We welcome the joint statement on reprisals, led by Ireland and Uruguay and joined by a cross-regional group of countries. The statement called on all States and the UN to prevent, respond to, and ensure accountability for cases of intimidation and reprisals against those who engage or seek to engage with the UN. Once again, 80 States signed on to the statement, and affirmed their commitment to freedom of expression and association; solidarity with defenders, civil society and victims of violations; and contributed to ensuring that UN bodies and processes are informed by, and respond effectively to, the needs of communities on the ground. We urge more States to sign on to future such statements. 

We welcome the adoption of the biennial resolution on human rights defenders focusing on the 75th anniversary of the Universal Declaration on Human Rights and the 25th anniversary of the UN Declaration on Human Rights Defenders. The resolution included strengthened language on women human rights defenders, defenders in conflict and post conflict situations and children defending human rights; as well as multiple and intersecting forms of discrimination and defenders’ work to develop new human rights ideas. We welcome calls on States to refrain from internet shutdowns and restrictions including digital technologies, as well as on OHCHR to collect information on threats, attacks and cases of arbitrary detention. We now look to all States to implement these commitments and meaningfully progress the protection of human rights defenders.        

We welcome the adoption of a strong resolution on the safety of journalists. This resolution adds new commitments for States on a wide range of issues, including on strategic lawsuits against public participation (SLAPPs), journalists covering protests, and gender-based harassment and abuse. The resolution also recognised the growing threat of generative artificial intelligence to the safety of journalists. We urge all States to translate these renewed international commitments into allocation of resources and political will at the national level to prevent, protect and remedy all human rights violations against journalists.

A new resolution on the promotion and protection of human rights in the context of digital technologies was adopted, advancing discussion on artificial intelligence at a critical time as the Global Digital Compact attempts a similarly comprehensive exercise. The text brings the omnibus coverage of the various Human Rights Council resolutions to the Third Committee, highlighting intersections of digital technologies, human rights, security and sustainable development, and crucially recognising that certain applications of digital technologies are incompatible with international human rights law. The text included language on racial and gender-based discrimination, business and human rights, privacy, targeted surveillance, data protection, freedom of expression, censorship and internet shutdowns. We hope to build on this broad foundation and strengthen elements on targeted surveillance, commercial spyware, biometric data in digital public infrastructure, and applications of artificial intelligence in future resolutions.

The resolution on terrorism and human rights adopted by consensus underscores the importance of the promotion of human rights and meaningful participation of all of society in counter-terrorism efforts nationally and globally. This resolution offered an opportunity to reflect on changes in State violations in the name of counter-terrorism or national security, and to build on language on gender inclusivity, civil society engagement and the importance of international humanitarian law and humanitarian access included in the recent UN Global Counter-Terrorism Strategy and report by the Special Rapporteur on human rights and counter terrorism. However, as the resolution was a technical rollover from GA76, we regret that this opportunity was not seized this session and hope that future resolutions will build upon these advancements.

We welcome the adoption of the resolution on strengthening the role of the UN in the promotion of democratization and enhancing periodic and genuine elections, focusing on media freedom and freedom of expression, presented by the US. The role of human rights defenders, as well as States’ obligation to ensure the right of all to participate in elections and to take steps to eliminate policies and practices discriminating on various grounds was maintained in the text. Critically, for the second time, the text recognised women and girls in all their diversity, and listed sexual orientation and gender identity as prohibited grounds of discrimination; despite votes being called to amend those references. Consensus was broken on the resolution for the first time, but was ultimately adopted by an overwhelming majority. 

We welcome the adoption by consensus of the resolution on the rights of Indigenous Peoples. We specifically welcome calls on States to ensure the protection and safety of indigenous human rights defenders, and to prevent and investigate human rights violations, killings, reprisals and abuses against them.

The rights of the Child resolution, focusing on the digital environment, was adopted by consensus. Despite the timeline precluding a full consideration of the lengthy text and risking an imbalanced update, we welcome the co-facilitators’ decision to open the full text for negotiation, to include updates related to the theme and references to General Comments 25 and 26 of the Committee on the Rights of the Child. We welcome retention of agreed language, and updates, including: bridging digital divides; protection from violence, harassment and abuse in the digital environment; access to information and impacts of digital acceleration on education access; sexual and reproductive health; multiple and intersecting forms of discrimination; and private sector responsibilities. We are disappointed however by decisions to delete agreed language on the full, equal and meaningful participation of girls, delete paragraphs on COVID-19 that resulted in lost language on children’s rights, to remove language on specific challenges facing girls, and to include new non-agreed language on the common responsibilities of parents.

Gender related resolutions

The resolution on policies and Programmes Involving Youth presented by Cabo Verde, Kazakhstan and Portugal, was adopted by consensus. The zero-draft was slimmed down in a streamlining exercise, leading to the exclusion of human rights frameworks and a focus on reinserting previously agreed language. We are pleased that references to multiple and intersecting forms of discrimination, sexual and gender based violence, sexual and reproductive health services, menstrual health, comprehensive education and human rights frameworks were retained.  However we regret that despite significant support from Member States, agreed language from the previous resolution on sexual and reproductive health and rights, menstrual hygiene management, marginalised persons and situations, comprehensive sexuality education, as well as references to adolescents were not included in the final text.

We welcome the adoption by consensus of the resolution on the human rights to safe drinking water and sanitation (WASH), presented by Germany and Spain, that included new references to menstrual health and hygiene management, sexual and reproductive health-care services, and sexual and gender-based violence. Language was maintained on the stigmatising effect of lack of menstrual health and hygiene management on young women and girls; as well as inequalities caused by COVID-19 in accessing adequate WASH services especially for women, girls and persons in vulnerable situations, adversely impacting gender equality and women’s empowerment. We regret that, despite significant support, references to multiple and intersecting forms of discrimination and sexual and gender-based violence were either omitted or diluted in the final text, neglecting the need to comprehensively address various forms of violence and discrimination women and girls face when accessing water and sanitation. 

We welcome the adoption by consensus of the violence against women migrant workers resolution presented by Indonesia and the Philippines. The resolution includes new references to gender-based violence through digital technologies, particularly impacting women migrant workers in transit and in destination countries; as well as root causes of migration, including climate change, the availability of equitable work and inequitable ownership of local resources, which undermine women’s empowerment. Strengthened recognition of domestic and care migrant workers as a particularly vulnerable group who can face exploitation, violence, and abuse due to the informal nature of their employment was included. We regret that despite significant support, additional references to sexual and reproductive health, intimate partner violence, and multiple and intersection forms of discrimination were omitted in the final text. We echo the resolution’s call to all Member States to protect all migrant women from harassment and violence, regardless of migration status.

The resolution on the Girl Child, presented by the Southern African Development Community (SADC), was adopted by consensus. We welcome the retention of agreed language, as well as the theme proposed for the Secretary General’s Report to the eightieth GA session on the impact of digital technologies on girls, and related language updates. However, we deeply regret   that the circulation of the text did not allow sufficient time for a comprehensive and substantive update. We are disappointed that the only other update to the text was the unprecedented inclusion of language on family-oriented and family-policies. In the absence of references to other policies that aim to realise the rights of girls in all their diversity, this new inclusion results in an imbalanced text that fails to fully recognize and address the challenges they face. Given the rapidly changing global landscape for girls and that last substantive revision of this text was in 2017, a comprehensive update to this resolution remains crucial.

The resolution on rural women was adopted by consensus and co-sponsored by more than 60 Member States. We welcome the retention of agreed language that recognizes the impact of historical and structural power relations, gender stereotypes and negative social norms on the achievement of gender equality and the empowerment of women and girls, particularly those living in rural areas. We also welcome that the resolution urges Member States to implement policies and programs that promote and protect the human rights of women and girls, address sexual and gender-based violence and multiple intersecting forms of discrimination, and strengthen measures to ensure universal access to sexual and reproductive health and reproductive rights. We, however, deeply regret that several proposals to further strengthen the resolution that were supported by many Member States were not retained in the final draft including on the particular challenges women and girls living in rural areas face in accessing sexual and reproductive health services, and references to women and girls in all their diversity. 

The resolution on follow up to the Beijing Declaration and Platform for Action presented by Bangladesh was adopted by consensus. We welcome the text, which includes new references to the high-level meeting on universal health coverage, the universality of the 2030 agenda and their role in achieving gender equality, and to the UN system-wide Knowledge Hub on addressing sexual harassment. It also calls for a high-level meeting at the 80th General Assembly to celebrate the 30th anniversary of the Fourth World Conference on Women, and to accelerate the realisation of gender equality and the empowerment of all women and girls. We regret that proposed text on multiple and intersecting forms of discrimination and on the importance of the realisation of sexual and reproductive health and reproductive rights was not included in the final document. 

COUNTRY SITUATIONS

The joint statement on the human rights situation in Xinjiang, China delivered by the UK on behalf of a cross-regional group of 51 countries is a strong message to Chinese authorities regarding growing concerns about abuses against Turkic Muslim communities. This year, there are new signatories from several regional groups. The statement emphasises the serious human rights violations Uyghurs and other Turkic Muslim communities continue to suffer in Xinjiang, and echoes the UN Office of the High Commissioner for Human Rights’ August 2022 report, which concluded that the abuses ‘may constitute international crimes, in particular crimes against humanity.’ The statement notes that a year has passed since the release of the OHCHR report, and China has yet to engage constructively with its findings. It urges China to end its human rights violations, engage constructively with the OHCHR, and fully implement the reports’ recommendations. With only one more State signature than the 2022 joint statement, work remains to be done to ensure broader support from Member States to hold China accountable for its human rights violations including from Muslim-majority countries.

Resolutions 

While we support the below resolutions that highlight violations of human rights in specific countries, we acknowledge the existence of human rights violations in many other countries that also merit the attention of the UN General Assembly and look forward to a time when they are also considered in the Third Committee.

The resolution on the human rights situation in the Islamic Republic of Iran was adopted following a vote (80 in favour; 65 against; 29 abstentions). Initiated by Canada and a core group and cosponsored by 50 countries, this comprehensive resolution calls on Iran to uphold the rights of all citizens. It specifically calls on Iran to prohibit child, early and forced marriage, female genital mutilation, children being subject to the death penalty, torture and other inhuman treatment. It condemns fundamental rights violations, the frequent imposition of the death penalty, intensified and targeted repression of women and girls, the use of surveillance and force against non violent protesters, and poor prison conditions. It also calls for an end to all discrimination and violations against ethnic, linguistic and other minorities as well as recognized and unrecognised religious minorities, including Baha’is who continue to suffer various violations including persecution, mass arrests, lengthy prison sentences. 

We welcome the adoption of the resolution on the situation of human rights in the Syrian Arab Republic. We particularly welcome new references to the victim- and survivor-centric Independent Institution on Missing Persons, a mechanism established by the UN General Assembly this June, to help clarify the fate and whereabouts of all missing persons in Syria. However, we are disappointed that the resolutions’ co-sponsors orally amended the text to remove a critical paragraph that would have mandated a regular report on humanitarian access in the country. Not only would this report have specifically highlighted instances where humanitarian access was not full, timely, unrestricted or sustained; it would have filled a gap left by the failure to renew the Security Council-mandated cross-border humanitarian mechanism earlier this year. 

The consensus adoption of the resolution on the human rights situation in the Democratic People’s Republic of Korea (DPRK) demonstrates that Member States remain deeply concerned about the appalling abuses committed by the DPRK authorities. We welcome in particular the inclusion of language on accountability. We also welcome language stressing the linkages between the human rights situation in the country, including with respect to the rights of women and girls, and the continuing diversion of DPRK’s resources to pursuing nuclear weapons and ballistic missile programmes over the welfare of its people. 

The resolution on the situation of human rights of Rohingya Muslims and other minorities in Myanmar, which was adopted by consensus, once again does not reiterate key elements of the 2021 UNGA resolution which followed the military coup in February 2021. The resolution fails to comprehensively address ongoing and escalating human rights violations by the military, despite the Special Rapporteur on Myanmar’s warning that a ‘raging fire of brutality’ is engulfing the country. The resolution however recognizes the impacts of militarization aggravated by the continued access to arms from abroad, reiterates protection needs of the Rohingya and calls for all necessary measures to be taken to provide justice to victims and ensure accountability.

The resolution on the situation of human rights in the temporarily occupied territories of Ukraine, including the Autonomous Republic of Crimea and the city of Sevastopol was adopted by vote. The resolution strongly condemns intensifying crackdowns against journalists and other media workers, human rights defenders and civil rights activists, as well as forcible transfers of Ukrainian children and other civilians to the temporarily controlled or occupied territories of Ukraine and their deportation to the Russian Federation. The resolution further calls on Russia to cease all violations and abuses, including discriminatory measures and practices, arbitrary detentions and arrests within the framework of the so-called filtration procedures, enforced disappearances, torture, sexual and gender-based violence, including compeling apprehended persons to self-incriminate or ‘cooperate” with law enforcement, ensure fair trial, and revoke all discriminatory legislation.

CIVIL SOCIETY ACCESS While we welcome the action by some States to invite civil society organisations to join informals as observers this session, it was disappointing that only a few States extended this invitation. This year, once again, civil society encountered challenges in staying informed about informal negotiations. The schedule of these informal sessions, previously available in the UN journal until 2019, was once again absent from the said journal. Instead, it was exclusively published on the e-deleGATE platform, to which civil society does not have access.These critical barriers to civil society access to Third Committee negotiations deprive the Committee of civil society’s technical expertise and mean that its outcomes fail to leverage the contributions of a crucial stakeholder in promoting the implementation of human rights.

SIGNATORIES

Access Now 

Amnesty International

ARTICLE 19

Association for Progressive Communications – APC

Center for Reproductive Rights 

CIVICUS

Fòs Feminista

Global Centre for the Responsibility to Protect

Human Rights in China

Human Rights Watch

International Center for Not-for-Profit Law

International Service for Human Rights

Outright International

Women Deliver

https://ishr.ch/latest-updates/joint-civil-society-statement-on-outcomes-of-the-unga-78-third-committee/

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Elections to the next UN Human Rights Council: some good and quite some bad news

October 13, 2023

A year after being suspended from the body, Russia will not be returning to the UN Human Rights Council in January, despite its best efforts. Running for one of two seats allocated to countries from Central and Eastern Europe, Russia received only 83 votes, significantly less than competitors Albania (123) and Bulgaria (163).

‘With this vote, States have acted in line with General Assembly resolution 60/251 and stopped Russia’s brazen attempt to undermine the international human rights system,’ said Madeleine Sinclair, co-director of ISHR’s New York office. ‘Russia must answer for a long list of crimes in Ukraine and for its ruthless and longstanding crackdown on civil society and individual liberties at home. We’re relieved voting States agreed that it could not have legitimately held a seat at the UN’s top human rights body,’. [see also: https://humanrightsdefenders.blog/tag/russia/]

In the only other competitive race, between States from Latin American and the Caribbean, the General Assembly re-elected Cuba, one of Russia’s most consistent allies. Cuba ran for one of three seats for Latin America and the Caribbean, facing three competitors and coming in first, with 146 votes, ahead of Brazil (144), the Dominican Republic (137) and Peru (108).

Results for Asia and Africa were as disappointing as they were predictable, with the election of China and Burundi. Both States ran in uncompetitive races, with only as many candidates as seats available, thus all but assured to win. They were elected with 154 (China) and 168 (Burundi), finishing bottom of each of their respective regional slates with noticeably fewer votes than their direct competitors. 

Both countries are objectively and manifestly unsuitable for the Human Rights Council in view of their domestic records, their past actions as Council members, and the very criteria that nominally governs membership of the Council.

ISHR has been campaigning to call on States at the General assembly to vote in accordance with resolution 60/251 and to use their votes to ensure a strong and principled Human Rights Council. ISHR produced a series of individual and regional scorecards examining the records of all 17 candidates running this year.

https://ishr.ch/latest-updates/general-assembly-states-stave-off-cynical-russian-attempt-to-return-to-the-human-rights-council/

For more on scoring, see: https://www.universal-rights.org/2023-elections-to-the-human-rights-council-did-ga-members-vote-according-to-human-rights-criteria/

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Young human rights defenders from China (Uyghur, Tibetan and Hong Kong) trained on the UN’s human rights bodies.

October 6, 2023

ISHR and Freedom House hosted a group of young defenders from the diaspora for a training on UN human rights mechanisms and joint advocacy meetings in Geneva.

Eight activists working on Uyghur, Tibetan and Hong Kong rights across six countries, including Canada, Germany, India, the Netherlands, the United Kingdom and the United States, participated in the United Nations Advocacy Training (UNAT) program to learn and strategise together on ways to hold the Chinese government accountable for its human rights violations at the international level.

Why a training for youth diaspora activists?

Young activists play a critical role in diaspora movements to address and counter the Chinese government’s persecution of peoples from the Uyghur region, Tibet, and Hong Kong. When capacity building and support are available to them, they can meaningfully engage their host governments and international institutions, like the UN, to hold the Chinese government accountable for its ongoing abuses against their communities inside the People’s Republic of China, and acts of transnational repression outside Chinese borders. Unfortunately, youth diaspora activists don’t have many opportunities to convene and collaborate in those international spaces. 

Working together as allies and partners, these groups can help increase the confidence in their efforts and improve impact and sustainability. Opportunities to network, train together, and work on joint advocacy efforts will help individual diaspora groups communicate and coordinate more effectively amongst themselves and with other relevant local and international groups to amplify and sustain pressure on the Chinese government for meaningful human rights change.

Aged between 19 and 28 years old, this was the first time that young activists from these communities came together in Geneva to work on cross-cutting community issues and build solidarity. Participants are engaged in rights advocacy through their work with established groups like the Hong Kong Democracy Council, Free Uyghur Now, and the Uyghur Human Rights Project or have founded impactful youth led organisations in their host countries, such as Students for a Free Tibet, Harvard College Students for Uyghur Solidarity, and Uyghur Youth Initiative. They are working toward better visibility and accountability towards violations outlined in the UN’s Xinjiang report published last August 2022, including the curtailment of free assembly and expression, mass surveillance, forced labour, and cultural and religious persecution.

During the interactive training programme, participants engaged with one another through peer check-in sessions, with human rights experts and advocates through live Q&As, discussions on the Human Rights Council, Special Procedures, Treaty Bodies and the Universal Periodic Review, and considered how to engage in advocacy activities at the UN in order to effect change for their communities.

The in-person training was designed to coincide with the 54th Session of the Human Rights Council so that the participants could attend the United Nations for the first time in their careers. As well as receiving additional advocacy training modules on all the UN human rights mechanisms from a range of experts, participants had the opportunity to build networks in Geneva and around the world, engage in meetings with UN member States and UN staff, and produce a powerful solidarity video statement which summarises their call to action to the UN States members.

All of the participants expressed they were satisfied with the training and  increased their skills and networks to engage in advocacy at the UN. Freedom House and ISHR will continue to support these participants as they develop joint advocacy initiatives and build solidarity among their communities. 

Participants in front of the flags of UN Member States, at UN Office at Geneva

Participants in front of the flags of UN Member States, at UN Office, Geneva

https://ishr.ch/latest-updates/young-uyghur-tibetan-and-hong-konger-defenders-share-their-priorities-with-the-uns-human-rights-bodies-in-geneva/

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China continues to imprison whoever disagrees

September 24, 2023

The New York Times of 22 September 2023 and other outlets report on the increasing crackdown on dissent: Huang Xueqin, the journalist who gave #MeToo Victims a voice, and Wang Jianbing, a labor activist, have been accused of inciting subversion.

A casually dressed woman in a broad-brimmed black hat stands against a green wall, holding a sign that reads “Me Too.”
The Chinese journalist Huang Xueqin in Singapore in 2017. She has been in detention in China for two years.Credit…#FreeXueBing, via Associated Press

On 22 September saw the start of their trial after two years of arbitrary detention. A large number of civil society organisations, including the FIDH and the World Organisation Against Torture (OMCT) expressed their deep concern about their conditions of detention and called for their immediate and unconditional release.

Huang Xueqin, an independent journalist who was once a prominent voice in China’s #MeToo movement, and her friend Wang Jianbing, the activist, were taken away by the police in September 2021 and later charged with inciting subversion of state power. Their trial was held at the Guangzhou Intermediate People’s Court in southern China.

Little is known about the government’s case, but the vaguely worded offence with which the two were charged has long been seen as a tool for muzzling dissent. Since China’s top leader, Xi Jinping, came to power in 2012, the ruling Communist Party has sought to essentially silence people who have fought for free speech and political rights. A steady stream of activists, lawyers, tycoons and intellectuals have been put on trial and sentenced.

In Ms. Huang and Mr. Wang’s cases, the authorities questioned dozens of their friends in the months after their detentions and pressured them to sign testimonies against the two, according to Chinese Human Rights Defenders, an advocacy group that is in close contact with many activists.

In the meantime the Washington Post of 22 September reports that Rahile Dawut, a prominent Uyghur academic who disappeared six years ago at the height of the Chinese government’s crackdown in Xinjiang, has been given a life sentence in prison, according to a human rights group that has worked for years to locate her..

Dui Hua, a California-based group that advocates for political prisoners in China, said in a statement Thursday that the 57-year-old professor — who was convicted in 2018 on charges of endangering state security by promoting “splittism” — had lost an appeal of her sentence in the Xinjiang Uyghur Autonomous Region High People’s Court.

At a regular press briefing, Ministry of Foreign Affairs spokesperson Mao Ning said she was “unaware” of Dawut’s case. “What I can tell you is that China is a law-based country and handles relevant cases in strict accordance with the law.”

A former professor at Xinjiang University and leading scholar on Uyghur folklore, she is among more than 300 intellectuals, artists and writers believed to be detained in Xinjiang, amid a government campaign ostensibly aimed at better assimilating China’s Muslim minority and promoting ethnic harmony. Rights groups have accused the Chinese government of committing “cultural genocide” by wiping out previously vibrant local Uyghur culture. See also: https://humanrightsdefenders.blog/2020/11/11/rahile-dawut-recipient-of-courage-to-think-award-2020/

“The sentencing of Professor Rahile Dawut to life in prison is a cruel tragedy, a great loss for the Uyghur people, and for all who treasure academic freedom,” said John Kamm, executive director of the Dui Hua Foundation.

https://www.fidh.org/en/region/asia/china/china-call-for-the-release-of-human-rights-defenders-huang-xueqin-and

https://edition.cnn.com/2023/09/21/china/china-metoo-activist-huang-xueqin-trial-intl-hnk/index.html

https://www.washingtonpost.com/world/2023/09/22/rahile-dawut-life-sentence-uyghur-china/

https://www.theguardian.com/world/2023/sep/24/chinese-authorities-uyghur-professor-rahile-dawut

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Human rights lawyer Gao Zhisheng and the practice of enforced disappearances: joint letter

September 5, 2023

We, the undersigned organizations, call on the Chinese authorities to immediately and unconditionally release prominent human rights lawyer Gao Zhisheng ahead of the sixth anniversary of his disappearance on August 13. 

And as we near “The International Day of the Disappeared” on August 30, we also condemn the Chinese government’s use of enforced disappearances as a tactic to silence and control activists, religious practitioners, Uyghurs and Tibetans, and even high-profile celebrities, entrepreneurs, and government officials. [see also: https://humanrightsdefenders.blog/2022/08/31/enforced-disappearances-in-china/]

Gao Zhisheng was one of the first human rights lawyers to emerge in the early 2000s and he became an important leader of China’s rights defense movement. He took on cases to help migrant workers and defend spiritual practitioners, including Falun Gong adherents and Christians. Gao wrote open letters to China’s top political leadership to call attention to the plight of Falun Gong practitioners and the abuse he had suffered while defending them. 

In 2006, Gao was sentenced to three years in prison on the charge of “inciting subversion of state power,” and after being released on parole, he was repeatedly disappeared for extended periods and tortured by police between 2007 and 2011. In December 2011, state media reported that Gao had been imprisoned in the Uyghur region to serve out his sentence after violating terms of his parole. He was then released in 2014 but remained under house arrest.

Gao’s relatives in China, as well as fellow rights lawyers and activists, who previously remained in contact with him, have not heard from him since August 13, 2017. Ever since then, Chinese authorities have, implausibly, claimed that Gao is not under any “criminal coercive measures.”   

Over the past six years, Gao has effectively remained in a state of enforced disappearance. 

Gao Zhisheng’s wife, Geng He, although living in the United States, has continued to advocate for him, pleading with the Chinese government to allow the world to “see him if he’s alive, or see his corpse if he’s dead”. Most recently, she has demanded that he be put on trial if he is guilty, and at the very least, that his lawyers should be allowed to meet with him and family members should have videoconferences. 

However, the Chinese government has not provided Geng He with even this minimum amount of information. 

On several occasions United Nations bodies and human rights experts have sought information about Gao Zhisheng’s status, but the Chinese government has refused to clarify his situation. Most recently, in 2020, the Chinese government responded to a letter from six UN Special Rapporteurs by claiming that, “In August 2014 Mr. Gao was released, having served his sentence. Since his release, the public security authorities have not taken any coercive measures against him.”

Gao Zhisheng’s case has been treated under the humanitarian mandate of the UN Working Group on Enforced or Involuntary Disappearances (case no. 10002630). The UN Working Group on Arbitrary Detention had also previously issued an opinion in 2010 stating that Gao’s detention was arbitrary under international law and calling for his immediate release, but Gao has remained under control of the authorities ever since.

Enforced disappearances of other human rights defenders

While Gao Zhisheng’s case is arguably the most famous and well-documented case of prolonged enforced disappearance in blatant violation of international law, there are several other noteworthy cases: 

Former human rights lawyer Yu Wensheng and his wife Xu Yan were detained in April 2023 as they were taking the subway to attend an event at the European Delegation in Beijing. They have been arrested and charged with “inciting subversion of state power,” but authorities have prevented lawyers from visiting them, and their 18-year-old son is under “house arrest.”  See also: https://humanrightsdefenders.blog/tag/yu-wensheng/

Human rights activist Jia Pin has been missing since September 24, 2022. He was last known to have been traveling to Beihai City in Guangxi. His friends do not know where he is, although some speculate that he may have been taken away by Henan provincial police.

Protester Peng Lifa, was taken away by authorities on October 13, 2022 after engaging in a one-man protest on the Sitong Bridge in Haidian District in Beijing against China’s stringent COVID measures and against the rule of Xi Jinping. There have been no reports about where Peng Lifa is being held.

Jiangsu-based human rights defender Tao Hong has been a victim of enforced disappearance since September 9, 2022, after she signed a open petition showing concern for the death of Mao Lihui, a petitioner who police claimed died via self-immolation while detained in a hotel. Before being detained, Tao Hong told friends on WeChat that she “absolutely wouldn’t commit suicide” – as a pre-emptive warning not to believe authorities should she mysteriously turn up dead.

Journalist Yang Zewei, who goes by the pen name Qiao Xinxin, was presumably taken away in Laos on May 31 by what is believed to have been a joint Chinese and Laotian policing effort. Earlier in the year he had launched a campaign to urge for the dismantling of the Great Firewall, an action he labeled as the #BanGFW movement. Before being detained Yang had tweeted that authorities were harassing his relatives in his hometown, and he also declared that he would not commit suicide in detention. On August 8 it was confirmed that he had been returned to China and was being held at the Hengyang Detention Center in Hunan.

Falun Gong practitioners Chen Yang (陈阳) and Cao Zhimin from Hunan province have been held incommunicado since October 2020, after being detained when studying spiritual scriptures with fellow believers. Yang had previously been jailed for four years for his activism and Cao had been held with her five-year-old daughter at an extralegal detention facility in 2010. According to the couple’s daughter, now a teenager studying in the United States, relatives in China have been unable to meet with them since their detention and lawyers hired were stopped from representing the couple. They are believed to have been sentenced to prison in November 2022, but the length of sentence remains unknown, no formal notification was sent to the family, and no news is available on their condition in custody. 

Enforced disappearances of Uyghurs and Tibetans

The Chinese Communist Party, composed solely of Han Chinese officials at the highest levels of decision making, continues to use systemic enforced disappearances of non-Han groups to control, intimidate, and silence them. See: https://humanrightsdefenders.blog/2023/08/18/un-experts-demand-detailed-information-on-nine-tibetan-environment-defenders/

In the Xinjiang Uyghur Autonomous Region (XUAR), also known as the Uyghur region or East Turkistan by Uyghurs, there likely remain hundreds of thousands of Uyghurs who are subjected to arbitrary detention and enforced disappearance through the legal system. In 2022, the Xinjiang High People’s Procuratorate, stated that 540,826 people had been prosecuted in the region since 2017. In November 2022, the UN Committee on the Elimination of Racial Discrimination (CERD) urged China to “immediately release all individuals arbitrarily detained in the XUAR, and to provide relatives of those detained or disappeared with detailed information about their status and well-being.”

As the UN Office of the High Commissioner for Human Rights (OHCHR) has noted, there is almost no public data about the criminal justice system in the region since 2020 and the government has not made public criminal verdicts or provided relevant information to the OHCHR. Furthermore, as a UN Working Group on Arbitrary Detention (WGAD) opinion noted in a 2022 decision finding that three Uyghurs – Qurban Mamut, Ekpar Asat and Gulshan Abbas – had been arbitrarily detained and were victims of enforced disappearance, no verdicts were ever made public and the Chinese government did not respond to the UN with any information regarding the proceedings, “it is unclear if they have indeed stood trial at all.”  In another case from 2022, the WGAD issued an opinion that found that Abdurashid Tohti, Tajigul Qadir, Ametjan Abdurashid and Mohamed Ali Abdurashid had been arbitrarily detained. The Chinese government refused to provide any information about the detention and or of any legal proceedings against them, and the WGAD was “disturbed at the total secrecy which appears to surround the fate and whereabouts” of the four people.

In Tibet, the Panchen Lama, Gedhun Choekyi Nyima, has been missing since May 17, 1995.  In 2022, UN human rights experts have raised their concerns regarding the arrest, detention and subsequent enforced disappearance of Tibetan writer Mr. Lobsang Lhundup (pen name of Dhi Lhaden), musician Mr. Lhundrup Drakpa, and teacher Ms. Rinchen Kyi, in connection with their cultural activities advocating for Tibetan language and culture. Dhi Lhaden and Rinchen Kyi were subsequently released.

On August 10, UN experts urged Chinese authorities to provide clarification on the situation regarding nine imprisoned Tibetan environmental human rights defenders, including information about why they were imprisoned, where they were detained, and their current health conditions. The nine defenders are Anya Sengdra, Dorjee Daktal, Kelsang Choklang, Dhongye, Rinchen Namdol, Tsultrim Gonpo, Jangchup Ngodup, Sogru Abhu and Namesy. 

Disappearances as a form of governance [see also: https://humanrightsdefenders.blog/2022/08/31/enforced-disappearances-in-china/]

Even powerful and famous people in China are not immune to becoming victims of disappearances: 

..

More broadly, the Chinese authorities appeared to have increasingly adopted disappearances as a form of governance. In 2012, the government amended the Criminal Procedure Law to allow for the police to hold suspects in non-detention facilities for up to six months, depriving those investigated for national security crimes of access to lawyers, family members, or other detainees – a practice known as “residential surveillance in a designated location” (RSDL). The government continues to use RSDL, despite numerous UN independent experts urging its abolition because it is a form of secret detention and enforced disappearance, and therefore incompatible with China’s human rights obligations and despite countless cases of torture and other ill-treatment occurring in RSDL having been exposed. 

In 2018, the National Supervision Law created a “retention in custody” (or liuzhi) system to subject Chinese Communist Party members and public employees to incommunicado detention for up to six months for disciplinary infractions and alleged dereliction of duty, including, but not limited to, corruption. The system is run by a non-judicial, non-law enforcement body, the National Supervision Commission (NSC) and precedes formal detention and arrest. 

As humanity approaches the 75th anniversary of the Universal Declaration of Human Rights (UDHR), we urge the Chinese government to take seriously the fundamental principles of human rights enshrined in the UDHR.

Unconditionally and immediately free Gao Zhisheng, and all others who are victims of enforced disappearance, and pending that release, allow for Geng He and other family members as well as Gao Zhisheng’s lawyers to communicate with him through in-person visits and/or videoconferencing.

Provide other relatives of those detained or disappeared with detailed information about their status and well-being.

End the practice of enforced disappearance, which gravely impacts some of the core rights articulated in the UDHR, such as the right not to be subjected to torture, the right not to be subjected to arbitrary arrest or detention, and even the right to life. 

Abolish RSDL (Articles 72-75 of the Criminal Procedure Law) and liuzhi (Article 22 of the National Supervision Law), and any other laws and regulations providing for practices tantamount to enforced disappearance.

Cosigned by, in alphabetical order:

ARTICLE 19

Campaign For Uyghurs

China Aid

China Against the Death Penalty (CADP)

Chinese Human Rights Defenders (CHRD)

Christian Solidarity Worldwide (CSW)

Committee for Freedom in Hong Kong Foundation

Dialogue China

European Criminal Bar Association 

FIDH – International Federation for Human Rights

Freedom House

Friends of Falun Gong (FoFG)

Front Line Defenders

Hans Gaasbeek, Coordinator of the Foundation Day of the Endangered Lawyer

Human Rights in China (HRIC)

Human Rights Now

Humanitarian China

International Association of People’s Lawyers (IAPL) Monitoring Committee on Attacks on Lawyers

International Observatory for Lawyers in Danger (OIAD) 

International Service for Human Rights (ISHR)

Judicial Reform Foundation

Lawyers’ Rights Watch Canada 

New School for Democracy Association

PEN America

PEN International

Safeguard Defenders

Symone Gaasbeek-Wielinga, President of the Dutch League for Human Rights

Taipei Bar Association Human Rights Committee 

Taiwan Bar Association Human Rights Protection Committee

Taiwan Support China Human Rights Lawyers Network

Tencho Gyatso, President of The International Campaign for Tibet 

Tibetan Centre for Human Rights and Democracy 

The Rights Practice

The World Uyghur Congress (WUC)

Uyghur Human Rights Project (UHRP)

https://www.frontlinedefenders.org/en/statement-report/release-human-rights-lawyer-gao-zhisheng-and-end-practice-enforced-disappearances

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UN experts demand detailed information on nine Tibetan environment defenders

August 18, 2023

From TibetanReview.net, on 11 August 2023:

Three UN human rights experts have issued a joint statement on Aug 10, asking the Chinese government to provide information about nine Tibetans imprisoned for their peaceful efforts to protect Tibet’s fragile environment.

The experts—the Special Rapporteur on the situation of human rights defenders (Ms Mary Lawlor); the Special Rapporteur on freedom of assembly and association (Mr Clément Nyaletsossi Voul); and the Special Rapporteur on human rights obligations relating to the enjoyment of a safe, clean, healthy and sustainable environment (Mr David Boyd)—have asked Beijing to provide details about the reason for the detention and the health conditions of the nine Tibetans, who were all taken in between 2010 and 2019.

“We urge the Chinese government to provide details on why and where they are being held and their health conditions, provide them with adequate medical care and permit their families access to visit them,” the Special Rapporteurs have said.

The experts have further made it clear that the lack of information shared by Chinese authorities could be interpreted as a “deliberate attempt” to hide the environmental defenders from global attention.

The nine Tibetans, identified in the release as Anya Sengdra, Dorjee Daktal, Kelsang Choklang, Dhongye, Rinchen Namdol, Tsultrim Gonpo, Jangchup Ngodup, Sogru Abhu and Namesy were all detained after they protested illegal mining activities or exposed the poaching of endangered wild lives.

Three of the activists are serving up to 11-years jail sentences. However, China has not made public the jail sentences of the remaining six, namely Dhongye, Rinchen Namdol, Tsultrim Gonpo, Jangchup Ngodup, Sogru Abhu and Namsey. [see also: https://humanrightsdefenders.blog/2022/08/31/enforced-disappearances-in-china/]

The experts have sought to know the extent of access to legal representation the imprisoned Tibetans had, and whether any of them had been provided with medical assistance while in prison.

Since the defenders were sentenced, the right to a clean, healthy and sustainable environment was recognised at the international level by the Human Rights Council and the General Assembly.

“If China is committed to tackle the impacts of climate change, it should refrain from persecuting environmental human rights defenders and release all nine immediately,” the experts have said.

China has declared mining as one of its pillar industries in occupied Tibet, and has also continued to carry out massive environmentally devastating urbanization and infrastructure projects. These have led to increasing persecution and long-term imprisonment of many environment defenders.

In a report published in June 2022, Washington-based advocacy group International Campaign for Tibet had documented 50 known cases of such Tibetans arbitrarily detained, arrested, tried and/or sentenced since 2008. Of the 50 documented cases, the prison sentences imposed on 35 of the individuals are known. The sentences range from one year and nine months to 21 years, with an average sentence length of nine years, said the group Aug 10 while reporting on the UN experts’ statement.

The environmental health of Tibet has major global implications. As the world’s “Third Pole” and Asia’s “water tower,” the Tibetan Plateau holds the largest volume of frozen freshwater outside the polar regions and is the source of Asia’s eight great rivers, ultimately sustaining the livelihoods of up to 1.4 billion people living downstream, the group has pointed out.

http://www.phayul.com/2023/08/12/48800/

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HRDs from Hong Kong fear arrest warrants and bounty

July 19, 2023

On 13 July 2023 the ITUC has protested to the Hong Kong authorities, the ILO and the UN over its deep concern about the escalation in the climate of fear, intimidation, arrests, arbitrary prosecutions, threats for the exercise of trade union rights and civil liberties in Hong Kong.

In particular, the disproportionate and unwarranted extra-territorial application of the National Security Law to target trade unionists, human rights defenders and pro-democracy advocates by the Authorities of the Hong Kong Special Administrative Region (HKSAR) undermines its commitment to fulfil their international obligations.

The ITUC has called on the HKSAR Chief Executive Officer to respect and fully implement the conclusions and recommendations of ILO supervisory bodies and UN Human Rights bodies, in law and practice, including those regarding the National Security Law.

And he has been urged to release all those arrested and imprisoned for allegations related to the exercise of civil liberties including freedom of assembly, expression, press and association and those participating in pro-democracy activities.

On 4 July 2023, the HKSAR authorities announced, under the National Security Law, the issuance of arrest warrants against eight human rights defenders and pro-democracy advocates and placed a bounty of HK$ one million on each of their heads.

ITUC Acting General Secretary Luc Triangle said: “We unequivocally deplore the HKSAR authorities’ criminalisation and securitisation of trade union and democracy-promoting activities. We consider it particularly egregious, especially given the risks to life and safety faced by trade unionists, human rights defenders and pro-democracy advocates around the world for their legitimate activities, that the HKSAR authorities approved and announced a bounty on the heads of these eight people for exercising their civil liberties or trade union rights.

“As a special administrative region of a member State of the ILO, China, the HKSAR is also obliged to respect and promote the fundamental principles and rights at work including freedom of association and treat with the utmost regard, the authoritative guidance of the ILO’s supervisory bodies.”

The ITUC letter of protest sets out the recent findings of the ILO and other UN bodies on the abuse of workers’ and trade union rights by the HKSAR. It says that seeking to apply the National Security Law in an extraterritorial manner and placing a bounty on the heads of pro-democracy advocates and human rights defenders for alleged crimes related to the exercise of civil liberties and trade union rights is an overreach and certainly not proportionate – its coercive and chilling effective is wide ranging. With the use of the National Security Law in this disproportionate and arbitrary manner, the HKSAR authorities are violating their obligations under the Constitution of the ILO and Convention 87.

https://www.ituc-csi.org/hong-kong-bounty-en
https://www.ituc-csi.org/hong-kong-bounty-enhttps://www.ituc-csi.org/hong-kong-bounty-en
https://www.ituc-csi.org/hong-kong-bounty-en

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New wave of repression against human rights lawyers unleashed in China

July 12, 2023

In a joint statement published today, over 60 human rights organisations {such as the ISHR}, bar associations, scholars and Chinese human rights activists in exile urge global attention to the Chinese government’s new wave of repression against human rights lawyers unfolding over the past three months.

Human rights lawyers are a cornerstone of China’s human rights movement. From Uyghurs, Tibetans and Hong Kongers, to religious minorities, LGBTQI and feminist advocates, journalists, and political dissidents: human rights lawyers defend the full spectrum of civil society. They accompany and empower the most vulnerable against land evictions, discrimination, health scandals, or extra-legal detention. They embody the promise of rule of law and hold the government accountable to its commitments under China’s constitution, laws, and the international human rights treaties it has ratified. They ensure that no one is left behind.

As a result of this work, for many years and particularly since the round-up of over 300 human rights lawyers and legal assistants in the days following July 9, 2015 – an episode known as the 709 crackdown -, this profession has been ‘effectively criminalised in China,’ according to UN experts.

This year alone, Chinese authorities have passed harsh sentences on national security grounds of ‘subversion of State power’ against three lawyers who had attended a private gathering: Xu Zhiyong (14 years), Ding Jiaxi (12 years) and Chang Weiping (3.5 years). [see: https://humanrightsdefenders.blog/2023/04/11/xu-zhiyong-and-ding-jiaxi-two-human-rights-defenders-in-china-sentenced/]Xu’s partner, feminist activist Li Qiaochu was also recently put on trial behind closed doors, being denied both a lawyer and access to healthcare.[see also: https://www.netherlandsandyou.nl/latest-news/news/2022/12/09/index]

Previously, lawyer Yu Wensheng – recipient of the 2021 Martin Ennals Award for Human Rights Defenders – and his wife Xu Yan had also been arrested on their way to the Delegation of the European Union in Beijing, over a year after Yu’s release. See: https://www.trueheroesfilms.org/thedigest/laureates/69fc7057-b583-40c3-b6fa-b8603531248e

China’s abuse of national security to target lawyers has been growingly mimicked in Hong Kong, where Chow Hang-tung and Albert Ho are awaiting trial under the territory’s overbroad National Security Law.

Beyond arrests, authorities are also increasingly using travel bans and enforced disappearances – including through a criminal procedure known as ‘Residential Surveillance at a Designated Location’ (RSDL) – to intimidate and silence human rights lawyers. Lawyer Li Heping and his family were intercepted at Chengdu airport in June this year, while lawyer Tang Jitian was detained for 398 days for attempting to attend a Human Rights Day celebration in December 2021. For RSDL, see: https://humanrightsdefenders.blog/tag/residential-surveillance-at-a-designated-location-rsdl/

Released lawyers increasingly face disbarment, while their relatives, including underage children, are subjected to unrelenting harassment from the authorities. In recent months, Beijing-based lawyer Wang Quanzhang and his family have been forced to move 13 times, reporting constant threats and repeated cuts to their gas and electricity supply.

‘Human rights lawyers are one of the last avenues left to Chinese citizens seeking justice for the trampling of their most basic rights. Without sustained global pressure, the government will ramp up its campaign to imprison, disbar or silence these critical advocates for a more equal, just and rights-respecting China.‘

Raphael Viana David, ISHR’s China Programme Manager

Detained human rights lawyers are constantly subject to physical and psychological torture and ill-treatment in pre-trial detention and prison. They are routinely denied contact with their relatives and access to medical care, despite critical health issues. The government impedes family-appointed lawyers from accessing court documents and representing victims, instead imposing government-appointed lawyers whose identities are not disclosed or refuse to communicate with relatives. Detained lawyers are often convicted during sham closed-door trials, without notification to families nor disclosure of court verdicts for prolonged periods.

My husband Ding Jiaxi and his colleagues always fought for what’s right, despite knowing they risked being disappeared, tortured, disbarred. Their bravery is only equalled by their moral commitment to defending the rights of the most vulnerable, enshrined in China’s constitution and international treaties. Their sacrifice cannot be in vain: governments should stand with China’s human rights lawyers.

Sophie Luo Shengchun, human rights activist and wife of Ding Jiaxi

The UN Working Group on Arbitrary Detention has determined that China has a ‘systemic problem with arbitrary detention which amounts to a serious violation of international law.’

Against this new wave of repression, which has been known as the ‘709 crackdown 2.0’, the 63 signatories call on the international community to urge the Chinese government to:

  • Put an end to its crackdown on human rights lawyers and defenders;
  • Immediately and unconditionally release all those arbitrarily detained;
  • Amend laws and regulations, including national security legislation, its Criminal Law and Criminal Procedure Law, to bring them into full compliance with international human rights standards; and meaningfully cooperate with the United Nations human rights bodies to that end.

Full statement here in English and Chinese

https://ishr.ch/latest-updates/china-unleashing-new-wave-of-repression-against-human-rights-lawyers-global-response-needed/

https://thediplomat.com/2023/07/8-years-after-709-persecution-of-chinese-human-rights-lawyers-continues/

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Human Rights Defenders issues at the 53rd Session of the UN Human Rights Council

June 20, 2023

The 53rd session of the UN Human Rights Council started 19 June (to end on 14 July 2023). Thanks to the – as usual – excellent documentation prepared by the International Service for Human Rights (ISHR) I will highlight the themes mostly affecting HRDs.

To stay up-to-date you can follow @ISHRglobal and #HRC53 on Twitter, and look out for its Human Rights Council Monitor. During the session, follow the live-updated programme of work on Sched.

See also: https://humanrightsdefenders.blog/2023/05/09/hrc52-civil-society-presents-key-takeaways-from-human-rights-council/

Here are some highlights of the session’s thematic discussions

Human rights of migrants

The Council will consider a resolution on the human rights of migrants this session, where a big problem is the criminalisation of the provision of solidarity and support, including rescues at sea, by migrant rights defenders.

Reprisals

..States raising cases is an important aspect of seeking accountability and ending impunity for acts of reprisal and intimidation against defenders engaging with the UN. It can also send a powerful message of solidarity to defenders, supporting and sustaining their work in repressive environments.

This month ISHR launched a new campaign regarding five cases. ISHR urges States to raise these cases in their statements:

  • Anexa Alfred Cunningham (Nicaragua), a Miskitu Indigenous leader, woman human rights defender, lawyer and expert on Indigenous peoples rights from Nicaragua, who has been denied entry back into her country since July 2022, when she participated in a session of a group of United Nations experts on the rights of Indigenous Peoples. States should demand that Anexa be permitted to return to her country, community and family and enabled to continue her work safely and without restriction.
  • Vanessa Mendoza (Andorra), a psychologist and the president of Associació Stop Violències, which focuses on gender-based violence, sexual and reproductive rights, and advocates for safe and legal abortion in Andorra. After engaging with CEDAW in 2019, Vanessa was charged with ‘slander with publicity’, ‘slander against the co-princes’ and ‘crimes against the prestige of the institutions’. She has been indicted for the alleged “crimes against the prestige of the institutions” involving a potentially heavy fine (up to 30,000 euros) and a criminal record if convicted. States should demand that the authorities in Andorra unconditionally drop all charges against Vanessa and amend laws which violate the rights to freedom of expression and association.
  • Kadar Abdi Ibrahim (Djibouti) is a human rights defender and journalist from Djibouti. He is also the Secretary-General of the political party Movement for Democracy and Freedom (MoDEL). Days after returning from Geneva, where Kadar carried out advocacy activities ahead of Djibouti’s Universal Periodic Review (UPR), intelligence service agents raided his house and confiscated his passport. He has thus been banned from travel for five years. States should call on the authorities in Djibouti to lift the travel ban and return Kadar’s passport immediately and unconditionally.
  • Hong Kong civil society (Hong Kong): Until 2020, civil society in Hong Kong was vibrant and had engaged consistently and constructively with the UN. This engagement came to a screeching halt after the imposition by Beijing of the National Security Law for Hong Kong (NSL), which entered into force on 1 July 2020. States should urge the Hong Kong authorities to repeal the offensive National Security Law and desist from criminalizing cooperation with the UN and other work to defend human rights.
  • Maryam al-Balushi and Amina al-Abduli (United Arab Emirates), Amina Al-Abdouli used to work as a school teacher. She was advocating for the Arab Spring and the Syrian uprising. She is a mother of five. Maryam Al Balushi was a student at the College of Technology. They were arrested for their human rights work, and held in incommunicado detention, tortured and forced into self-incriminatory confessions. After the UN Special Procedures mandate holders sent a letter to the UAE authorities raising concerns about their torture and ill treatment in detention in 2019, the UAE charged Amina and Maryam with three additional crimes. The UN Working Group on Arbitrary Detention found their detention arbitrary and a clear case of reprisals for communicating with Special Procedures. In April 2021, a court sentenced them to three additional years of prison for “publishing false information that disturbs the public order”. States should demand that authorities in the UAE immediately and unconditionally release Maryam and Amina and provide them with reparations for their arbitrary detention and ill-treatment.

Other thematic reports

At this 53rd session, the Council will discuss a range of civil, political, economic, social and cultural rights through dedicated debates with the mandate holders and the High Commissioner, including:

  • The Special Rapporteur on the rights to freedom of peaceful assembly and of association
  • The Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
  • The Special Rapporteur on the right to freedom of expression
  • The Special Rapporteur on the right to health
  • The Special Rapporteur on extrajudicial, summary of arbitrary executions
  • The Special Rapporteur on promotion and protection of human rights in the context of climate change
  • The Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance
  • The Working Group on the issue of human rights and transnational corporations and other business enterprises
  • The High Commissioner on the importance of casualty recording for the promotion and protection of human rights
  • The Special Adviser to the Secretary-General on the Prevention of Genocide

In addition, the Council will hold dedicated debates on the rights of specific groups including:

  • The Working Group on discrimination against women and girls
  • The Special Rapporteur on violence against women and girls, its causes and consequences
  • The Special Rapporteur on the human rights of migrants
  • The Special Rapporteur on trafficking in persons, especially women and children
  • The Special Rapporteur on independence of judges and lawyers

#HRC53 | Country-specific developments

Afghanistan

The Human Rights Council will hold its Enhanced Interactive Dialogue on Afghanistan, with the Special Rapporteur on the situation in Afghanistan and the Working Group on Discrimination against Women in Law and Practice. The joint report of the two mandates follows up from an urgent debate held last year on the situation of women and girls in the country. Their visit to the country concluded that there exist manifestations of systemic discrimination violating human rights and fundamental freedoms in both public and private lives. ISHR has joined many around the world to argue that the situation amounts to gender apartheid, and welcomes the call of the two mandate holders to develop normative standards and tools to address this as “an institutionalised system of discrimination, segregation, humiliation and exclusion of women and girls”. The gravity and severity is urgent, and requires that States act on the ongoing calls by Afghan civil society to establish an accountability mechanism for crimes against humanity.

Algeria

On 15 June, fifteen activists and peaceful protesters will face trial in Algiers on the basis of unfounded charges which include ‘enrolment in a terrorist or subversive organisation active abroad or in Algeria’ and ‘propaganda likely to harm the national interest, of foreign origin or inspiration’. The activists were arrested between 23 and 27 April 2021, and arbitrarily prosecuted within one criminal case. If convicted of these charges, they face a prison sentence of up to twenty years. This case includes HRDs Kaddour Chouicha, Jamila Loukil and Said Boudour who were members of the LADDH before its dissolution by the Administrative Court of Algiers following a complaint filed by the Interior Ministry on 29 June 2022.  We urge States to monitor the prosecution closely, including by attending the trial. We also urge States to demand that Algeria, a HRC member, end its crackdown on human rights defenders and civil society organisations, amend laws used to silence peaceful dissent and stifle civil society, and immediately and unconditionally release arbitrarily detained human rights defenders.

China

The recent findings of the Committee on Economic, Social and Cultural Rights in March, the Committee on the Elimination of Discrimination against Women in May, and the seven key benchmarks on Xinjiang by 15 Special Rapporteurs add up to wide range of UN expert voices that have collectively raised profound concern at the Chinese government’s treatment of Uyghurs, Tibetans, Hong Kongers and HRDs in mainland China. Seldom has the gap between the breadth of UN documentation on crimes against humanity and other grave violations and the lack of action by the Human Rights Council in response to such overwhelming evidence been so flagrant: the Council’s credibility is at stake. ISHR calls on the Council to promptly adopt a resolution requesting updated information on the human rights situation in Xinjiang, and a dialogue among all stakeholders on the matter. Governments from all regions should avoid selectivity, put an end to China’s exceptionalism, and provide a meaningful response to atrocity crimes on the basis of impartial UN-corroborated information.

The recent convictions of prominent rights defenders Ding Jiaxi and Xu Zhiyong to 12 and 14 years in jail respectively, and the recent detention of 2022 Martin Ennals awardee Yu Wensheng and his wife Xu Yan for ‘subversion of State power’ a year after his release, point to the need for sustained attention to the fate of HRDs in China. States should address in a joint statement the abuse of national security and other root causes of violations that commonly affect Uyghurs, Tibetans, Hong Kongers and mainland Chinese HRDs. States should also ask for the prompt release of human rights defenders, including human rights lawyers Chang Weiping, Yu Wensheng and Ding Jiaxi, legal scholar Xu Zhiyong, feminist activists Huang Xueqin and Li Qiaochu, Uyghur doctor Gulshan Abbas, Hong Kong lawyer Chow Hang-tung, and Tibetan climate activist A-nya Sengdra.

Egypt

Since the joint statement delivered by States in March 2021 at the HRC, there has been no significant improvement in the human rights situation in Egypt despite the launching of the national human rights strategy and the national dialogue. The Egyptian government has failed to address, adequately or at all, the repeated serious concerns expressed by several UN Special Procedures over the broad and expansive definition of “terrorism”, which enables the conflation of civil disobedience and peaceful criticism with “terrorism”. The Human Rights Committee raised its concerns “that these laws are used, in combination with restrictive legislation on fundamental freedoms, to silence actual or perceived critics of the Government, including peaceful protesters, lawyers, journalists, political opponents and human rights defenders”. Egyptian and international civil society organisations have been calling on the HRC to establish a monitoring and reporting mechanism on the human rights situation in Egypt, applying objective criteria and in light of the Egyptian government’s absolute lack of genuine will to acknowledge, let alone address, the country’s deep-rooted human rights crisis.

Israel and OPT

Civil society continues to call on the OHCHR to implement, in full, the mandate provided by HRC resolution 31/36 of March 2016 with regards to the UN database of businesses involved in Israel’s illegal settlement industry. The resolution mandated the release of a report containing the names of the companies involved in Israel’s settlement enterprise, to be annually updated. The initial report containing a list of 112 companies was released by the OHCHR in February 2020, three years after the mandated release date and despite undue political pressure. Since then, the UN database has not been updated. UN member states should continue to call on the OHCHR to implement the mandate in full and publish an annual update, as this represents a question of credibility of the Office of the High Commissioner and the Council.

The Commission of Inquiry on the Occupied Palestinian Territory, including East Jerusalem, and Israel will present its second report to the Council on 20 June. Member states should continue to support the work of the CoI to investigate the root causes of the situation in line with its mandate with a view to putting an end to 75 years of denial of the Palestinian’s people inalienable rights to self-determination and return. As the Palestinian people commemorate 75 years of Nakba (the destruction of Palestinian homeland and society), the CoI needs to address the root causes of the situation, including by investigating the ongoing denial of the Palestinian people’s right to self-determination and the return of refugees, as well as the ongoing forcible displacement of Palestinians on both sides of the Green Line in the context of Israel’s imposition of a system of colonial apartheid.

In addition, on 10 July, the Council will hold an interactive dialogue with the Special Rapporteur on the situation of human rights in the Palestinian territories occupied since 1967.

Saudi Arabia

In light of the ongoing diplomatic rehabilitation of crown prince and de facto ruler Mohammed bin Salman, the Saudi authorities’ brazen repression continues to intensify, as ALQST has documented. Some notable recent trends include, but are not limited to: the further harsh sentencing of activists for peaceful social media use, such as women activists Salma al-Shehab (27 years), Fatima al-Shawarbi (30 years and six months) and Sukaynah al-Aithan (40 years); the ongoing detention of prisoners of conscience beyond the expiry of their sentences, some of whom continue to be held incommunicado such as human rights defenders Mohammed al-Qahtani and Essa al-Nukheifi, and; regressive developments in relation to the death penalty, including a wave of new death sentences passed and a surge in executions (47 individuals were executed from March-May 2023), raising concerns for those currently on death row, including several young men at risk for crimes they allegedly committed as minors. We call on the HRC to respond to the calls of NGOs from around the world to create a monitoring and reporting mechanism on the ever-deteriorating human rights situation in Saudi Arabia.

Nicaragua

Continued attention should be paid by States at the HRC to the steadily worsening situation in Nicaragua. On 2 June, the spokesperson for the UN High Commissioner for Human Rights raised ‘growing concerns that the authorities in Nicaragua are actively silencing any critical or dissenting voices in the country and are using the justice system to this end’. The OHCHR reports 63 individuals arbitrarily detained in May alone, with 55 charged with ‘conspiracy to undermine national integrity’ and ‘spreading false news’ within one single night, without access to a lawyer of their choosing. States should express support for the monitoring and investigation work of the OHCHR and the Group of Human Rights Experts on Nicaragua (GHREN), and call on the Nicaraguan government to release the remaining 46 political prisoners, revoke its decision to strip deported political prisoners off their nationality, and take meaningful measures to prevent, address and investigate violence by armed settlers against Indigenous Peoples and Afro-descendants.

Russia

Russia’s war of aggression against Ukraine has also been accompanied by a domestic war of repression against human rights defenders, independent journalists and political dissent. Most recently, Russia has adopted a sweeping new law criminalising assistance to or cooperation with a range of international bodies, including the International Criminal Court, ad hoc tribunals, foreign courts and arguably even the UN Human Rights Council itself. This law is manifestly incompatible with the right to communicate and cooperate with international bodies, and a flagrant and institutionalised case of reprisal. With Russian authorities having been found by a UN-mandated Commission of Inquiry to be possibly responsible for crimes against humanity and war crimes, and having a closed and highly repressive environment for civil society (ranking 17/100 in the CIVICUS Monitor), Russia is plainly unfit to be elected to the UN Human Rights Council and should be regarded as an illegitimate candidate. States should support and cooperate with the mandate of the new Special Rapporteur on the human rights situation in Russia, as well as with the Commission of Inquiry into human rights violations and abuses associated with Russia’s illegal war of aggression against Ukraine.

Sudan

Since the beginning of the war in Sudan on 15 April 2023, increasing numbers of Sudanese WHRDs are receiving threats and subject to grave danger. WHRDs are facing challenges in evacuating from Sudan and face further protection risks in neighboring countries. Sudanese women groups and WHRDs are risking their lives to provide support, solidarity, and report on the rising numbers of sexual and gender-based violence crimes. Many survivors are trapped in fighting areas unable to access support, and the occupation of hospitals by RSF is hindering women’s access to health services. The Council must urgently establish an international investigation in Sudan with sufficient resources, including to investigate the threats and reprisals against WHRDs for their work, and to document sexual and gender-based violence. During the debate with the High Commissioner and designated expert on Sudan on 19 June, we urge States to condemn sexual and gender-based violence (SGBV). States should highlight the impacts of the war on women and girls, including sexual and reproductive health as well as lack of support services for survivors of SGBV. States should reaffirm the importance of participation of women and their demands, and amplify the critical work of WHRDs on the ground despite the imminent risks to their lives and safety. States should also condemn the increasing threats against WHRDs and demand their effective protection.

Venezuela

On 5 July, the High Commissioner will present his report on the human rights situation in Venezuela, which will include an assessment of the level of implementation of UN recommendations already made to the State. The Council focus on Venezuela remains critical at a time when some States’ efforts to normalize relations with Venezuela risk erasing human rights from key agendas. Council members and observers should actively engage in the interactive dialogue with the High Commissioner to make evident that the human rights situation in the country remains at the heart of their concerns. The human rights and humanitarian situation in the country remains grave. Human rights defenders face ongoing and potentially increasing restrictions. We urge States to:

  • Express concern about the NGO bill, sitting with the Venezuelan National Assembly, and call for it to be withdrawn. The potential implications of this bill are to drastically shrink civic space, including by criminalising the work of human rights defenders;
  • Call for the release of all those detained arbitrarily – including defender Javier Tarazona who has been held since July 2021 and whose state of health is deteriorating;
  • Call for the rights of human rights defenders and journalists to be respected including during electoral periods, with a mind to Presidential elections next year; and
  • Call on Venezuela to engage fully with all UN agencies and mechanisms, including OHCHR, and develop a clear plan for the implementation of UN human rights recommendations made to it.

Tunisia

Civil society organisations have raised alarm at the escalating pattern of human rights violations and the rapidly worsening situation in Tunisia following President Kais Saied’s power grab on 25 July 2021 leading to the erosion of the rule of law, attacks on the independence of the judiciary, a crackdown on peaceful political opposition and abusive use of “counter-terrorism” law, as well as attacks on freedom of expression. The High Commissioner has addressed the deteriorating situation in the three latest global updates to the HRC. Special Procedures issued at least 8 communications in less than one year addressing attacks against the independence of the judiciary, as well as attacks against freedom of expression and assembly. Despite the fact that in 2011 Tunisia extended a standing invitation to all UN Special Procedures, and received 16 visits by UN Special Procedures since, Tunisia’s recent postponement of the visit of the Special Rapporteur on the independence of judges and lawyers, is another sign of Tunisia disengaging from international human rights mechanisms and declining levels of cooperation. The upcoming session provides a window of opportunity for the Council to exercise its prevention mandate and address the situation before the imminent risk of closure of civic space in Tunisia and regress in Tunisia’s engagement with the HRC and its mechanisms is complete.  

Syria

On 5 July, the Council will hold an interactive dialogue with the Commission of Inquiry on Syria. In a report to the Human Rights Council in 2021, the Commission of Inquiry on Syria called for the establishment of a mechanism to reveal the fate of the missing and disappeared. On 28 March 2023, during the 77th session of the UN General Assembly, the Secretary-General and UN High Commissioner for Human Rights briefed UN Member States on the situation of the missing in Syria, and the findings of the study conducted by the Secretary-General as mandated by Resolution UNGA 76/228. The study concluded that in order to address the situation of the missing in Syria and its impact on families’ lives, it is necessary to create an institution to reveal the fate and whereabouts of the disappeared and to provide support to their families. As discussions are taking place in the UNGA to adopt a resolution establishing a humanitarian institution to reveal the fate and whereabouts of the disappeared, civil society, led by the Truth and Justice Charter, urges States to support the families of the missing to know the truth about the fate and whereabouts of their loved ones by voting in favour of the resolution at the UNGA.

Other country situations

The High Commissioner will present the annual report on 19 June. The Council will hold an interactive dialogue on the High Commissioner’s annual report on 20 June 2023. The Council will hold debates on and is expected to consider resolutions addressing a range of country situations, in some instances involving the renewal of the relevant expert mandates. These include:

  • Interactive Dialogue with the Special Rapporteur on Eritrea
  • Interactive Dialogues with the High Commissioner and the Special Rapporteur on Myanmar
  • Interactive Dialogue with the Special Rapporteur on Burundi
  • Interactive Dialogue with the High Commissioner on Ukraine
  • Interactive Dialogue with the Special Rapporteur on Belarus
  • Interactive Dialogue with the Fact-Finding Mission on Iran
  • Interactive Dialogue with the Independent Expert on Central African Republic

Appointment of mandate holders

The President of the Human Rights Council has proposed candidates for the following mandates:

  1. Special Rapporteur on minority issues (Mr Nicolas Levrat, Switzerland)
  2. Special Rapporteur on the human rights of migrants (Ms Anna Triandafyllidou, Greece)
  3. Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism (Mr Ben Saul, Australia).

Resolutions to be presented to the Council’s 53rd session

At the organisational meeting on 5 June the following resolutions (selected) were announced (States leading the resolution in brackets):

  1. Human rights situation in Syria (Germany, France, Italy, Jordan, Netherlands, Qatar, Turkey, USA, UK)
  2. New and emerging digital technologies and human rights (Austria, Brazil, Denmark, South Korea, Morocco, Singapore)
  3. Civil society space (Chile, Ireland, Japan, Sierra Leone, Tunisia)
  4. Independence and impartiality of the judiciary, jurors and assessors, and the independence of lawyers – mandate renewal (Australia, Botswana, Hungary, Maldives, Mexico, Thailand)
  5. Human rights of migrants (Mexico)
  6. Mandate of the Special Rapporteur on the situation of human rights in Belarus – mandate renewal (EU)
  7. Mandate of the Special Rapporteur on the human rights situation in Eritrea – mandate renewal (EU)
  8. Business and human rights – mandate renewal (Russian Federation, Ghana, Argentina and Switzerland)
  9. Extrajudicial, summary or arbitrary executions – mandate renewal (Finland, Sweden)
  10. Situation of human rights of Rohiynga muslims and other minorities in Myanmar (Pakistan on behalf of OIC)

Adoption of Universal Periodic Review (UPR) reports

During this session, the Council will adopt the UPR working group reports on Argentina, Benin, Czechia, Gabon, Ghana, Guatemala, Japan, Pakistan, Peru, Republic of Korea, Sri Lanka, Switzerland and Zambia.

Panel discussions

During each Council session, panel discussions are held to provide member States and NGOs with opportunities to hear from subject-matter experts and raise questions. 5 panel discussions are scheduled for this upcoming session:

  1. Panel discussion on the measures necessary to find durable solutions to the Rohingya crisis and to end all forms of human rights violations and abuses against Rohingya Muslims and other minorities in Myanmar
  2. Annual full-day discussion on the human rights of women [accessible panel]. Theme: Gender-based violence against women and girls in public and political life
  3. Annual full-day discussion on the human rights of women [accessible panel]. Theme: Social protection: women’s participation and leadership
  4. Annual panel discussion on the adverse impacts of climate change on human rights [accessible panel]. Theme: Adverse impact of climate change on the full realisation of the right to food
  5. Panel discussion on the role of digital, media and information literacy in the promotion and enjoyment of the right to freedom of opinion and expression [accessible panel]

https://ishr.ch/latest-updates/hrc53-key-issues-on-agenda-of-june-2023-session-of-the-human-rights-council/

https://www.reuters.com/world/asia-pacific/un-rights-chief-seeks-establish-presence-china-india-2023-06-19/

https://forum-asia.org/?p=38297

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