On 22 May 2024 Front Line Defenders launched its Global Analysis 2023/24 on the situation of human rights defenders (HRDs) at risk around the world, an in-depth annual publication detailing the variety of risks, threats and attacks faced by HRDs around the world.
The report also reveals statistics gathered and verified by the HRD Memorial initiative – which Front Line Defenders coordinates – documenting the killings of at least 300 HRDs in 28 countries in 2023. Almost a third of those killed (31%) were Indigenous people’s rights defenders. This brings the total documented killings of HRDs in the last decade to nearly 3,000.
“This appalling wave of attacks on human rights defenders is a direct result of an international human rights framework left in tatters and governments’ double standards when it comes to respecting human rights,” said Alan Glasgow, Executive Director of Front Line Defenders. “A quarter decade after the UN adopted a Declaration on human rights defenders, not enough progress has been made to ensure defenders are valued and protected. In this time, thousands of defenders have paid with their lives and many more face ongoing attacks and intimidation for their peaceful work. Urgent action is needed to change this.”
Wide-ranging risks to HRDs
Globally, the violation most commonly cited by HRDs was arbitrary arrest/detention (15%), followed by legal action (13%), continuing an ongoing trend of criminalisation as the most-reported risk. This was followed by death threats (10.2%), surveillance (9.8%) and physical attacks (8.5%). Trans and non gender-conforming HRDs reported slightly higher rates of physical attacks, and a much greater risk of smear campaigns. Globally, the five most targeted areas of human rights defence were: LGBTIQ+ rights (10.2%); Women’s rights (9.7%); Human rights movements (8.5%); Indigenous peoples’ rights (7.1%); and Human rights documentation (5.2%).
The statistics in the Global Analysis are derived from Front Line Defenders’ casework and approved grant applications between 1 January and 31 December 2023. The statistics are based on 1,538 reported violations in 105 countries. Front Line Defenders documents multiple violations per case or grant, as this is the reality of the situation for human rights defenders. For more details on how these and the HRD Memorial data are gathered, please refer to the Methodology section at the end of the report.
On 30 August 2023, Amnesty International reported on that Representatives of the families of people forcibly disappeared in Iraq, Lebanon, Syria and Yemen gathered in Beirut to demand that their governments uphold their rights to truth, justice and reparation, during an event organized by AI to mark the International Day of the Victims of Enforced Disappearances.
Across the Middle East, both state authorities and non-state actors, such as armed opposition groups, abduct and disappear people as a way to crush dissent, cement their power, and spread terror within societies, largely with impunity.
While most governments in the region have not yet investigated disappearances nor provided accurate numbers of those missing or disappeared, civil society organizations and UN bodies have published estimated numbers of people abducted and disappeared in each country. These numbers in Iraq, Lebanon, Syria and Yemen, when multiplied by a conservative estimate of the total years these individuals have been missing, suggest that families have spent more than a million years waiting for answers – an agonizing length of time.
“In the face of their governments’ apathy and complicity for the crime of enforced disappearances, the families of the disappeared across the Middle East have led the charge, year after year, in demanding their right to know what happened to their loved ones and to get justice and reparation – often at great personal risk,” said Aya Majzoub, Amnesty International’s Deputy Director for the Middle East and North Africa.
“Today we honour their perseverance and add our voice to theirs in calling for authorities to take real action to investigate these crimes, hold those suspected of criminal responsibility accountable and ensure these crimes are not committed again.”
Iraq
In Iraq, the UN estimates that between 250,000 to 1,000,000 individuals have been disappeared since 1968 – making it one of the countries with the highest number of disappearances in the world. Disappearances are still being carried out today at hands of militias affiliated with the government. Consecutive Iraqi governments have repeatedly failed to take meaningful steps to investigate disappearances or hold those suspected of criminal responsibility to account. Widad Shammari from Iraqi organization Al Haq Foundation for Human Rights, whose son has been missing since 2006, said: “I was a single protester until I met many others who shared my struggle, and we formed a strong coalition who fights for the truth for all the disappeared in the Arab region, not just Iraq.”
Lebanon
In Lebanon, the official estimate of those abducted or missing as a result of the 1975-1990 civil war is 17,415. Every year, on 13 April – the anniversary of the start of the Lebanese Civil War – the families of the missing and disappeared gather to mark the beginning of the conflict, repeating the mantra, “Let it be remembered, not repeated.”
The Lebanese authorities granted amnesty to the perpetrators of crimes that occurred during the civil war, but after years of campaigning, in 2018, the families of the disappeared successfully pressured the government to acknowledge the disappearances that took place. The government also passed a law that established the National Commission for the Missing and Forcibly Disappeared with a mandate to investigate individual cases, locate and exhume mass graves and enable a tracing process.
However, Wadad Halawani, whose husband was kidnapped in 1982 and who leads the Committee of the Kidnapped and Missing in Lebanon said: “Today, we raise our voice and shout out loud. The National Commission for the Missing and Forcibly Disappeared is 3 years old already. Only two years remain in its mandate. The Commission established a clear strategy for its work, but it cannot carry on without the needed financial and logistical support. The government must provide it with all the needed resources immediately.”
Syria
Since 2011, the Syrian authorities have forcibly disappeared tens of thousands of its actual or perceived opponents, including political activists, protestors, human rights defenders, journalists, lawyers, doctors, and humanitarian aid workers, as part of a widespread and systematic attack against the civilian population that amounts to crimes against humanity. Thousands have also gone missing after being detained by armed opposition groups and the so-called Islamic State. Given the Syrian government’s role in orchestrating the campaign of enforced disappearances, there has been total impunity for these crimes in Syria. The families have therefore resorted to international justice mechanisms.
In a momentous victory for the families, on 29 June 2023, the UN General Assembly voted to establish an international institution dedicated to shedding light on the fate and whereabouts of those missing and disappeared since the start of the armed conflict in Syria.
Fadwa Mahmoud from Families for Freedom, whose husband and son were disappeared in Syria in 2012 said: “We had big dreams in 2011. But we paid a very heavy price. My husband and son have been disappeared since September 2012… We faced our fears and raised our voice until it reached the United Nations …this [institution] is the product of our labour as the families of the detained…and this is its strength. We are demanding that we have an instrumental role in the institution.”
My husband and son have been disappeared since September 2012… We faced our fears and raised our voice until it reached the United Nations …this [institution] is the product of our labour as the families of the detained…and this is its strength.Fadwa Mahmoud from Families for Freedom, whose husband and son were disappeared in Syria in 2012
Yemen
In Yemen, human rights organizations have documented 1,547 cases of disappeared and missing people since 2015. All parties to the conflict, including the Huthi de facto authorities and the internationally recognized government forces, are still committing these crimes with impunity at a time when the world’s attention has turned away. Since the Human Rights Council voted in 2021 to end the mandate of the Group of Eminent Experts, following heavy lobbying from Saudi Arabia, efforts to hold all those suspected of criminal responsibility accountable in fair trials and realize victims’ rights to reparations have stalled.
The Abductees’ Mothers Association in Yemen said: “We were harassed and threatened and beaten-up during demonstrations, but we will not give up and we are determined at ensuring some progress every step of the way. We are not mothers of our own disappeared family members only; we consider ourselves mothers of every single disappeared person in the region and we will continue our fight for the truth for all of them.
On 30 August, 2022, the International Day of the Disappeared, the international community must recognize and respond to the widespread use of enforced disappearances in the People’s Republic of China, say an impressive group of NGOs (see list a the end):
Just over five years ago, on 13 August 2017, human rights lawyer Gao Zhisheng vanished for the third time. Gao, praised as the ‘Conscience of China’, had long fought for the rights of those who dared to speak out, who belonged to religious minorities, who were evicted from their homes when their land was seized, or who protested against exploitation. For that, he was in and out of prison and separated from his family for nearly a decade. For more than five years, his wife and children have had no idea of his whereabouts, nor even if he is alive. [see: https://www.trueheroesfilms.org/thedigest/laureates/33C77656-F58B-454E-B4C7-E1775C954F14]
Gao Zhisheng’s case is severe, and yet represents only the tip of the iceberg: many other activists and lawyers face a similar fate, such as Tang Jitian, disappeared in 2021, tortured, and detained in a secret location. UN experts, including the Working Group on enforced disappearance, have sounded the alarm from as early as 2011 about the use of enforced disappearances against those taking part in China’s human rights movement. It is used to silence those promoting rights and freedoms, to enable acts of torture and ill-treatment without any oversight, and to send a chilling message to any person who may dare to criticize the government.
The UN Secretary-General Antonio Guterres echoed this when he reminded the international community that enforced disappearance is a ‘method of repression, terror, and stifling dissent’. Relatives – themselves also victims of this crime– are deprived of their right to justice, and to know the truth, constituting a form of cruel and inhumane treatment for the immediate family.
But no matter how powerful a country is, no matter what security challenges (real or perceived) they may face, the experts rightfully emphasize: ‘There can never be an excuse to disappear people.’ Enforced disappearances are strictly prohibited under international law under any circumstances, and may constitute a crime against humanity when committed as part of a widespread or systematic attack against any civilian population.
The Chinese government continues to ignore calls for it to ratify the International Convention for the Protection of All Persons from Enforced Disappearance. It has disregarded requests for over nine years by the UN’s Working Group on Enforced and Involuntary Disappearances to visit the country, including its most recent on 7 January 2022. In the meantime, the number of cases of individuals disappeared presented before the Working Group soared, reaching 214 by 2021, out of which 98 remain outstanding.
It is urgent that the UN, governments, and civil society worldwide press China to end, unequivocally, all forms of enforced disappearance.
UN experts and civil society actors have documented many practices used by the Chinese authorities amounting to enforced disappearance. Some are written into Chinese law, or Chinese Communist Party guidance; others happen outside the scope of China’s own laws. Some target individuals for their actions or speech; others are wielded with the intent to terrorize a particular ethnic or religious community.
Residential Surveillance at a Designated Locations(RSDL)
‘Residential Surveillance at a Designated Location’ is allowed for in China’s Criminal Procedure Law, and authorizes holding someone in custody – prior to arrest – for up to six months in an undisclosed location. This ‘location’ is unofficial, selected at the discretion of the police, and the individual is isolated in solitary confinement without access to family, counsel or options to appeal the measure. This is especially true for those activists and dissidents accused of ‘national security crimes’. Incomplete government data admits to use of RSDL in some 23,700 instances, but civil society estimates that for the period 2013 to 2021, the real figure is closer to 85,000, with increased use over time. The practice continues despite having been condemned by UN experts as ‘a form of enforced disappearance’ that ‘may per se amount to cruel, inhuman or degrading treatment or punishment, or even torture.’ The experts’ assessment is clear: RSDL must be repealed. [see also: https://humanrightsdefenders.blog/2022/02/05/chinas-residential-surveillance-at-a-designated-location-needs-to-disappear/]
Liuzhi system
The liuzhi (留置) extralegal detention system mimics the practice of RSDL, but is used to specifically punish any public servant or Chinese Communist Party (CCP) member who allegedly ‘violates duties’ or commits ‘economic crimes,’ potentially reaching nearly 300 million victims. As with RSDL, liuzhi detentions can last up to six months, holding victims incommunicado and in solitary confinement at undisclosed locations. Yet, detentions are outside the scope of China’s laws, including the Criminal Procedure Law, as liuzhi is not part of the criminal justice system. Instead, it is run by China’s powerful extra-judicial anti-graft watchdog, the National Supervision Commission (NSC), a quasi-state body answerable only to the CCP. Legal safeguards, including the right to legal counsel, do not apply to individuals investigated under liuzhi, until and unless their case is sent for criminal prosecution. Incomplete official data acknowledges 11,000 individuals held under liuzhi; civil society estimates actual figures to surpass 57,000 disappeared victims. UN experts addressed a general allegation on this issue to China in September 2019.
Psychiatric incarceration (ankang)
Since the 1980s, China’s Ministry of Public Security has locked up individuals targeted for their political and religious beliefs in psychiatric hospitals for the criminally insane, known as ankang (安康) (‘peace and health’). Despite legal reforms, police continue to send human rights defenders for compulsory treatment without medical justification in both ankang facilities, and psychiatric hospitals for the general public. Civil society data indicates this is a regular, large-scale practice, where victims are denied contact with the outside world and often subjected to torture and ill-treatment, while families are not informed about their relatives’ forced hospitalization.
Enforced disappearance in Tibet
The Chinese authorities continue to disappear Tibetans, including religious leaders, critics and influential thinkers, subjecting them to torture and ill-treatment, and employing the threat of disappearance to instill widespread fear across Tibet. In February 2022, six UN experts raised concern over the physical well-being of Tibetan musician Lhundrup Drakpa, writer Lobsang Lhundrub, and school teacher Rinchen Kyi, arrested and disappeared ‘in connection with their cultural activities in favour of the Tibetan minority language and culture.’ In July 2021, four UN experts expressed similar concern over the enforced disappearance of Rinchen Tsultrim and Go Sherab Gyatso, pointing to a ‘worrying pattern of arbitrary and incommunicado detentions (…) against the Tibetan religious minority, some of them amounting to enforced disappearances.’
The 11th Panchen Lama, Gedhun Choekyi Nyima, one of the most important Tibetan Buddhist leaders, was disappeared in 1995 at the age of six. The Chinese government continues to ignore calls for his release, UN experts’ concerns, or the UN child rights committee’s request for access to establish his whereabouts and health.
Enforced disappearance in the Uyghur region
Beginning in 2017 in the Xinjiang Uyghur Autonomous Region (XUAR, or Uyghur Region), Uyghurs and Turkic Muslims have been detained incommunicado by Chinese government officials in internment camps, forced labor facilities, official prisons where they serve lengthy sentences, and other facilities where they are at risk of being subject to forced labor. Reports to the UN Working Group on enforced disappearances escalated dramatically, indicating a widespread and systematic practice. While the Chinese government refers to these camps as ‘vocational education and training centers’, administrative detention in the camps has no basis in Chinese, or international law.
Journalists and NGOs have reported countless testimonies of people whose family members are or were missing and believed to be detained in the XUAR, and yet who have no way to establish their family members’ whereabouts. They almost never receive official confirmation regarding their family member’s status from the Chinese authorities; efforts to gather information from Chinese consulates or embassies abroad have been largely unsuccessful. Very few detainees are allowed contact with the outside world. Even nominally ‘free’ Uyghurs living in XUAR have been effectively forbidden to speak with their family or friends abroad. Uyghurs in the country and overseas are wholly deprived of their right to truth.
We, the undersigned organizations, urge the international community as a whole to ensure sustained attention and take meaningful action to put an end to all forms of enforced disappearance in China. The authorities must release all those disappeared, ensure their relatives’ right to truth, justice, reparation, and guarantees of non-recurrence.
We stand in solidarity with all those missing, and with their loved ones, left longing for them to return alive.
On 29 August 2022, on the occasion of the International Day of Victims of Enforced Disappearances, AFAD, FIDH, Maayer Daak and Odhikar urge the government of Bangladesh to: 1) Halt all enforced disappearances and immediately return all disappeared persons to their families. 2) Set up an independent mechanism to investigate all cases of enforced disappearances. 3) Refrain from all forms of reprisals against human rights defenders, family members of the disappeared, and civil society activists, and ensure the safety and security of victims and their families. 4) Hold all perpetrators accountable. 5) Ratify the International Convention for the Protection of All Persons from Enforced Disappearance. 6) Adopt and implement domestic legislation criminalizing enforced disappearance in line with international law.
The Asian Federation Against Involuntary Disappearances (AFAD) is a federation of human rights organizations working directly on the issue of involuntary disappearances in Asia. AFAD was founded on 4 June 1998 in Manila, Philippines and was the recipient of the 2016 Asia Democracy and Human Rights Award. See: https://www.trueheroesfilms.org/thedigest/laureates/5E526725-F43B-83FB-3B7E-2B3C56D01F60 The International Federation for Human Rights (FIDH) is the world’s oldest non-governmental human rights organization. Founded in 1922, FIDH federates 192 member organizations from 117 countries. Its core mandate is to promote respect for all the rights set out in the UDHR. http://www.fidh.org Maayer Daak is a platform of the families of victims of enforced disappearances in Bangladesh with the common goal of seeking the whereabouts of their loved ones and advocating for justice. Odhikar is a human rights organisation in Bangladesh, established on October 10, 1994 by a group of human rights defenders, to monitor human rights violations and create wider awareness. It holds special consultative status with the ECOSOC of the United Nations.
The 100,000 officially registered disappearances in Mexico illustrate a long-standing pattern of impunity in the country, indicating the tragedy continues daily, UN human rights experts warned.
There are now over 100,000 people in Mexico’s national register of the “disappeared.” The UN says organized crime is among the leading causes of missing people in the country. Human rights organizations and relatives of the missing have called on the government to step up investigations and conduct searches more effectively
In the last two years the numbers have spiked from about 73,000 people to more than 100,000 — mostly men.
Mexico has seen spiralling violence since the war on drugs began in 2006, with over 350,000 people having died since then. Last year, the country of more than 129 million people saw 94 murders a day on average.
“It’s incredible that disappearances are still on the rise,” Virginia Garay, whose son went missing in 2018 in the state of Nayarit, told news agency Reuters. “The government is not doing enough to find them,” said Garay, who works in a group called Warriors Searching for Our Treasures that seeks to locate missing loved ones.
Civil society groups that help try and locate missing people stress that many families do not report disappearances because of distrust in the authorities. The actual figure of missing people is therefore believed to be much higher than the official data.
“Organized crime has become a central perpetrator of disappearance in Mexico, with varying degrees of participation, acquiescence or omission by public servants,” a report by the UN Committee on Enforced Disappearances, released last month, said.
“State parties are directly responsible for enforced disappearances committed by public officials, but may also be accountable for disappearances committed by criminal organizations,” the report added.
The missing people include human rights defenders, some of whom went missing because of their own involvement in the fight against disappearances.
On 2 May 2022 – for the 30th year – the Human Rights Commission of Pakistan has put forward its review of the state of human rights in the country and the measures that should be taken to reduce human rights violations in the country. The main takeaway from the report is that there were blatant and unrelenting attempts to crack down on dissent, with at least nine journalists having faced harassment in an attempt to silence them in their work. As happens every year, violence against women took every possible form: from rape to domestic abuse to horrific murders to honour killings. The report has noted that 478 honour killings were reported in the country in 2021, although the number is almost certainly much higher with many never reaching the press, and over 5000 cases of rapes were reported by the media. Overall, violence in the country appeared to have increased quite dramatically. The HRCP has especially noted the case of Nazim Jokhio, and the mob lynching of Sri Lankan national Priyantha Kumara in Sialkot. These are but just a few examples of the disturbing trend of increased violence in the country. Just a few months back, research had revealed how many of these cases of violence are perpetrated by young people. The past few years we have watched in horror as Pakistani society has increasingly grown more violent — bringing nightmare-inducing optics straight to our phones. This is a direct result of the extremist tendency prevalent in society, an inevitable consequence of consistent state policies.
The report has also noted the way the previous government used ordinances to push through laws, some of them highly detrimental to freedom of expression. The HRCP has also noted that religion was used multiple times over the years to try and stop various acts of legislation from being passed. One of the most difficult issues human rights defenders in Pakistan have faced over a number of years has been that of missing persons or enforced disappearances. In 2021, says the HRCP, the highest number of enforced disappearances was reported to have been in Balochistan, with the government having failed to resolve concerns of families of the missing despite sit-ins in Islamabad.
From missing persons to the Gujjar and Korangi nullah evictions to sectarian violence to violence against transgender persons — the HRCP’s State of Human Rights 2021 is a timely reminder to the current government that it must do better on all these counts and more. It is on the Shehbaz Sharif led government to ensure that media freedom is upheld, there are no more arbitrary anti-journalism laws, and journalists are not harassed for doing their jobs. The incumbent government must not make the mistake of taking human rights issues lightly during its tenure. This report card on human rights by the HRCP comes out every year but each successive government has failed to take suggestions from rights activists seriously. It is hoped that with a change in government there will finally be a change in how citizens’ rights are treated and that all citizens from all communities and regions in the country can feel safe and less vulnerable to injustice and state or non-state violence.
DefendDefenders’ regulary chooses a Defender of the Month. Here an example:
Fadia Khalaf was not meant to be an activist. By her own admission, she was born into a conservative Muslim family – the first of six siblings. In Saudi Arabia where she was born and raised, the ruling ideology in the Kingdom was wahabbism – a puritanical version of Islam in which women are strictly expected to stay in the background and not play any public role. Yet even in that conservative setting, she managed to nurture a political consciousness:
“I think reading at young age helped build my awareness on concepts like justice and rights in general. I was exposed to concepts around human freedom, and that nurtured the rebel in me,” she says. Fadia Khalaf Tweet
Now aged 25, Fadia is the Co-founder of Missing Initiative, a volunteer, youth organization dedicated to documenting all persons that are reported missing during Sudan’s ongoing political crisis. The initiative was started in the aftermath of the Khartoum massacre, when armed forces of the Sudanese Transitional Military Council attacked a protest outside the country’s military headquarters, killing at least 127 people.
“From the start of protests to remove Bashir (Sudan’s long-serving President deposed in April 2019), we would always report people who we would realize never returned home after the protests. This was our way of looking out for each other. But after 3 June 2021 (the day of the Khartoum massacre), the situation was terrible. People were killed, women were raped, while many others were disappeared. All of a sudden, because of our past work, I started getting tens of phone-calls of people letting me know that their persons were missing, asking me to do something about it. I had to post all these missing cases on my social media platforms(Twitter & Instagram via @SlayKaiii) in addition to reporting to police, to try to find them. It was from that crisis that I and five other friends decided to start Missing initiative to continue searching for these people,” Fadia Khalaf Tweet
The initiative helps document persons announced missing, liaises with the police to conduct a search process, follows up on those in police detention to ensure the progress of their cases and helps some of those arrested find legal representation. To date, Missing Initiative has documented over 100 cases of missing persons, and helped locate about 60, from prisons to hospitals. Among these, at least five were found dead in city morgues.
“It’s horrifying, the conditions in which we find some of these people, if we find them at all. Some are in urgent need of medical attention from all forms of torture, others are imprisoned without charge. Others, we find, have died. But at least, it gives closure to their families,” she says. Fadia Khalaf Tweet
As a result of their work, Fadia says that Sudanese now recognise forced disappearances as a state crime, and have gradually developed a consciousness and vigilance to look out for each other against state-inspired violence.
These efforts have not been without consequences. Fadia says she and her colleagues have been threatened together with their families, and that she continues to be randomly followed and her phones tapped. She says as women human rights defenders (WHRDs) in a deeply patriarchal society, they’re even more endangered because the society does not believe they should have any rights at all, much less a voice.
“The day women rise in Sudan, patriarchy will fall because it thrives on subjugating women. And that’s why those like us are harassed because the system fears that we will awaken and empower other women to rise up and refuse to be dominated,” she says. Fadia Khalaf Tweet
Nonetheless, Fadia is optimistic, the growing women and youth agitation is unstoppable: “This spirit and desire for change, I have never seen it before. Young people are willing to die for a better country every day! It is inspiring. All they need is to be empowered more,” she notes.
On 14 March 2022 a group of UN human rights experts today called on Bangladesh to immediately cease reprisals against human rights defenders and relatives of forcibly disappeared persons for their activism and co-operation with international human rights bodies and UN mechanisms.
In the period between December 2021 and February 2022, the homes of at least 10 relatives of forcibly disappeared individuals were reported to have been raided late at night.
“During the raids, relatives were intimidated, threatened and forced to either sign blank sheets of paper or pre-written statements indicating that their family member was not forcibly disappeared and that they had deliberately misled the police. This is unacceptable,” the experts observed.
The experts noted with concern the increasingly challenging situation relatives, human rights defenders and civil society are facing in Bangladesh. Repeated accusations by senior Government officials against some civil society organizations of providing “false information” to the UN mechanisms risk undermining the civil society’s key role.
“Bangladesh must ensure that relatives and human rights defenders are able to carry out their legitimate work in a safe and enabling environment without fear of threats, intimidation or reprisals of any kind,” the experts stressed. They expressed their concern that the reported reprisals may have a chilling effect and deter others from reporting on issues of public interest, including human rights, and from cooperating with the UN, its representatives and mechanisms.
Since 2009, the RAB has reportedly been involved in the perpetration of the majority of cases of enforced disappearance in the country, as noted in several reports by the UN Working Group on Enforced or Involuntary Disappearances.**
“Bangladeshi authorities are obliged under international law to promptly launch ex officio, independent, impartial and thorough investigations into these serious allegations, complemented by a thorough and comprehensive search for disappeared persons. At the same time, the RAB and other security agencies should not be shielded from scrutiny and criminal responsibility.”
The experts also reiterated their request to the Government of Bangladesh to take effective steps to protect and uphold the rights of victims and their families to truth, justice, reparation, and guarantees of non-recurrence.
On 17 March HRW stated that the Bangladesh government should meaningfully respond to United Nations concerns regarding grave allegations of torture, enforced disappearance, and extrajudicial killings in the country.
In China, brave activists are trying to improve the daily life of their fellow citizens and defend their rights to speak freely, to be treated on an equal footing with others, to protest peacefully, or to practice a religion. But the Chinese government fears that their actions will challenge its power and that their criticisms will undermine it. Like the Uyghur and Tibetan peoples, many who stand up for human rights are repressed and silenced, and the authorities have found a very effective way to do that: they disappear them.
On 22 October 2020, exactly a year ago, lawyer Chang Weiping was disappeared under ‘Residential Surveillance at a Designated Location’ (or ‘RSDL’) for ‘inciting subversion of State power.’ Lawyer Chang is a human rights lawyer, who has bravely defended sensitive cases of victims of sexual harassment during China’s ‘Me Too’. He has also worked with victims of discriminatory practices due to their sexual orientation or HIV status, or targeted for speaking freely or practicing their religion. Ten days before his disappearance, he had published a video denouncing torture he had endured when he was first held under RSDL in January 2020, after attending a meeting with other activists a month earlier. UN experts have publicly called for his release. No one knows where he is held. [see also: https://www.trueheroesfilms.org/thedigest/laureates/2e6ec951-79e7-4a36-b077-76bfe05e3817]
Since 2012, China’s rubber-stamp legislative body passed and amended several articles in its Criminal Procedure Law that give police the power to take people into custody without disclosing where they will be held: this is called ‘Residential Surveillance at a Designated Location’. When this happens, people are denied all contact with the outside world, even with their family or a lawyer, for up to six months. No one knows where they are. They are interrogated and often tortured to extract confessions. Meanwhile, despite the barriers and risks they have to overcome, their families persist in seeking knowledge about their loved one’s fate and justice for what they suffered.
Many human rights activists have stopped promoting dignity, peace and justice in their communities because they fear to be disappeared by the police. This practice – enforced disappearance – is absolutely wrong and prohibited under international law. Everyone should be able to speak their mind and participate in the life of their communities.
ISHR, Safeguard Defenders, The Rights Practice and The 29 Principles are mobilising the international community to put pressure on China to #RepealRSDL and end enforced disappearances against human rights defenders.
They want the Chinese government to repeal RSDL (articles 74 to 79 of China’s Criminal Procedure Law), and to bring truth and justice to victims.
RSDL should be high on the agenda of any human rights exchange with the Chinese government. We want governments worldwide to speak out and use all bilateral and multilateral channels to press the Chinese government to #RepealRSDL. We want the UN to amplify its monitoring of RSDL in China, and to sustain its pressure on the authorities to respect international law and to #RepealRSDL.
Feeling supported is vital for disappeared defenders and their relatives. We want the media, human rights groups and activists across the world to pay closer attention to RSDL, to raise awareness around them, and to stand in solidarity with disappeared Chinese human rights defenders and their relatives.
How do we achieve this?
We are working hard to:
Increase the awareness and legal understanding of government officials and diplomats, UN experts, journalists, and human rights groups, there is a short document that explains clearly what UN experts have said about RSDL, and are spreading the word online and offline.
Mobilise diplomatic missions, through meetings and letters, and encourage them to speak out on RSDL at the UN and in other spaces;
Push UN experts to take up individual cases and pay a closer look at the use and impact of RSDL in light of China’s obligations under international human rights law ;
Encourage governments, activists, and concerned individuals to stand in solidarity with disappeared human rights defenders and their relatives
What can you do?
Stand in solidarity! Feeling supported is vital for disappeared defenders and their relatives. Send a solidarity message with Chen Zijuan, lawyer Chang’s wife: write a postcard, and share it with her on your social media by clicking on the image below. Don’t hesitate to personalise it before tweeting. Alternatively you can copy paste this link in your browser: https://ctt.ac/477cf
You can also raise awareness! Check out the informational and communication material in our ‘Campaign Toolbox’, and share it with your country’s ministry of foreign affairs, a journalist you know, your friends or your social media followers – and remember to tag @ISHRglobal, and #StandWithDefenders #RepealRSDL.
Enforced disappearance refers to the arrest, detention or abduction of persons by agents of the State, or those acting with State authorization or support, whose whereabouts are unknown.
Once largely the product of military dictatorships, it has become a global problem, according to the UN, with hundreds of thousands of people “disappeared” in more than 80 countries. Impunity remains widespread.
While strictly prohibited under international human rights law, the SG, Mr. Guterres said enforced disappearance continues to be used across the world as a method of repression, terror, and stifling dissent.
“Paradoxically, it is sometimes used under the pretext of countering crime or terrorism. Lawyers, witnesses, political opposition, and human rights defenders are particularly at risk,” he added.
Having been removed from the protection of the law, victims, who can include children, are deprived of all their rights and are at the mercy of their captors.
They are frequently tortured and know that it is unlikely anyone will come to their aid. Some are even killed.
“Enforced disappearance deprives families and communities of the right to know the truth about their loved ones, of accountability, justice and reparation,” the Secretary-General said.
“The COVID-19 pandemic has added to the agony and anguish of enforced disappearance, by limiting capacities to search for missing persons and investigate alleged enforced disappearance.”
It was established by the UN General Assembly, which adopted a resolution in December 2010 expressing deep concern about the rise in incidents in various regions, and increasing reports of harassment, ill-treatment and intimidation of witnesses of disappearances, or relatives of people who were disappeared.
“The Convention for the Protection of all Persons against Enforced Disappearances is indispensable in helping to tackle this cowardly practice. But it requires the will and commitment of those with the power to do so,” the Secretary-General said. “States must fulfil their obligations to prevent enforced disappearance, to search for the victims, and to investigate, prosecute and punish the perpetrators.”
Mr. Guterres reiterated his call for countries to ratify the Convention, and to work with the UN Committee that monitors its implementation, as well as the Working Group on Enforced Disappearances, which assists families in determining the fate of their loved ones.
On this day Amnesty International, Human Rights Watch and the International Commission of Jurists (ICJ) issued a statement that the government of Nepal should promptly enforce Supreme Court rulings and permit the regular courts to try cases of enforced disappearance and other grave international crimes. On the International Day of the Victims of Enforced Disappearances, August 30, 2021, thousands of Nepali families are no closer to knowing the truth of what happened to their missing loved ones than they were when the country’s armed conflict ended 15 years ago.
Nepal’s Supreme Court has repeatedly ordered the government to investigate gross violations of human rights and international humanitarian law during the conflict from 1996 to 2006, and to conduct a meaningful, effective transitional justice process to establish the truth and provide justice for thousands of cases of serious abuses.
“The Nepali government stands in blatant violation of express orders of the Supreme Court by failing to conduct a credible, timely transitional justice process,” said Mandira Sharma, senior legal adviser for South Asia at the ICJ.
Hans Thoolen on Human Rights Defenders and their awards 