CIVICUS, a global human rights alliance and the Asia Democracy Network (ADN) call on states to use the upcoming human rights review of China at the UN Human Rights Council to call out its ongoing failure to fully implement previous recommendations related to civic freedoms. This lack of action raises questions on how serious the government is about upholding its international human rights obligations.
China’s human rights record is going to be reviewed at the 45th session of Universal Periodic Review (UPR) on 23 January 2024. CIVICUS and Asia Democracy Network (ADN) submitted a joint stakeholder submission for the UPR in July 2023 where our organisations highlighted a range of issues. Out of the 33 recommendations China received during the previous cycle of the UPR related to civic space it has only partially implemented one recommendation.
Our organisations are also deeply concerned about the use of vague and broad security and public order laws in China to criminalise HRDs, journalists and critics, as well other forms of harassment imposed on them including movement restrictions, travel bans, surveillance and social media restriction. We are further alarmed about the pervasive censorship on all forms of dissent both online and offline, the assault on the media and the crackdown on protests.
It is extremely worrying that China legalises the use of enforced disappearances, under Article 75 of the Criminal Procedure Law through ‘residential surveillance in a designated location’ (RSDL) – which allows people to be detained in secret outside the protection of the law. This has been mainly used against human rights defenders and critics of the government.
The state of press freedom in China is also concerning as it continues to be the world’s biggest jailer of media workers, with more than a hundred currently detained. China’s state and privately-owned media are under the Communist Party’s ever-tighter control, while the administration creates more and more obstacles for foreign reporters.
“The ‘closed’ civic space in China is extremely concerning. China has used a range of vague and broad security laws to silence dissent both off and online and harass activists. States should recommend that China adhere and respect its international human rights obligations in law and practise and call on them to end reprisals against human rights defenders, journalists, dissidents and critics,”, said David Kode, Advocacy and Campaigns Lead, CIVICUS.
In the submission our organisation also highlighted how in Hong Kong, the authorities have prosecuted and convicted peaceful protesters including pro-democracy leaders. Many have been charged with organising, inciting participation in or participating in an ‘unauthorised assembly’ under the Cap. 245 Public Order Ordinance.
In Hong Kong, freedom of association has been drastically undermined by the draconian National Security Law (NSL) that entered into force in June 2020. Dozens of NGOs, social movements, pro-democracy groups and trade unions, have disbanded and shut down due to fear of the law, and many organisations also had to relocate.
“Since the last review there has been a relentless assault on fundamental freedom in Hong Kong against pro-democracy leaders and activists. Many have been convicted and jailed such as human rights defender Chow Hang-Tung who is being prosecuted under the draconian National Security Law”, said Ichal Supriadi, Secretary General of ADN.
Civic space in China is currently classified as ‘closed’ by the CIVICUS Monitor, the most serious category, indicating the existence of severe civic space restrictions.
We call on UN Member states to make the following recommendations to the government of China:
- Undertake a consolidated process to review and repeal legal provisions that unwarrantedly restrict the legitimate work of HRDs, including ‘inciting subversion of state power’, ‘picking quarrels and provoking trouble’ and defamation.
- Review all restrictive laws in Hong Kong especially the National Security Law and sedition law, in order to bring them into line with ICCPR article 19 and other international law and standards in the area of freedom of expression.
- Immediately and unconditionally drop all charges and release all human rights defenders, journalists and critics detained for exercising their fundamental rights to freedoms of association, peaceful assembly and expression, and review their cases to prevent further harassment.
- Ensure that journalists and writers may work freely and without fear of retribution for expressing critical opinions or covering topics that the government may deem sensitive.
- Amend the 1989 Assemblies, Processions, and Demonstrations Law and other regulations in order to guarantee fully the right to freedom of peaceful assembly.