A/HRC/43/51/Add.3
association at the Jasic Technology factory in Shenzen. The Government’s reply fails to
address the allegation that the company in question sabotaged the efforts of a group of
employees to form a trade union, or that it orchestrated beatings of these same employees on
its premises before summarily dismissing them and barring them from the premises. The
Government’s reply focuses only on the resulting attempts to re-enter the factory, also failing
to address the serious allegations relating to violations of due process during their subsequent
detention.
348. The Special Rapporteur acknowledges the Government’s replies to two
communications relating to the treatment of protesters in Hong Kong, the first concerning
the sentencing of Mr. Benny Tai Yiu-Ting, Mr. Chan Kin-Man and Mr. Chu Yiu-Ming,
along with six other human rights defenders in connection with their participation in prodemocracy protests in 2014 (so-called “umbrella movement”), and the second concerning the
protests against the Fugitive Offenders and Mutual Legal Assistance in Criminal Matters
Legislation Bill in 2019. The Special Rapporteur acknowledges the Government’s focus on
legitimate restrictions to the right to freedom of peaceful assembly, and assurances regarding
the proportionality of force used by police authorities. Notwithstanding the above, The
Special Rapporteur wishes to recall article 20 of the Universal Declaration of Human Rights
(UDHR) which provides that “[e]veryone has the right to freedom of peaceful assembly and
association.”
349. The Special Rapporteur regrets the absence of a State reply to communication 15/2019
and remains extremely concerned about the situation Mr. Wang Yi and Ms. Jiang Rong, cofounders of the Early Rain Covenant Church, a small protestant church belonging to a
religious minority. Further to their refusal to register the church as an official religious
institution, Mr. Wang Yi and and Ms. Jiang Rong appear to have been convicted in
connection to their peaceful exercise of their right to freedom of religion, opinion and
expression, and for their right to profess and practice their religion in community with other
members of a group, in a peaceful manner, in violation of articles 18, 19, and 27 of the
International Covenant on Civil and Political Rights (ICCPR). Furthermore, the Special
Rapporteur remains extremely concerned at the allegation that they have been subjected to
secret detention under the above-mentioned RSDL provisions and refused access to legal
counsel.
350. The Special Rapporteur reiterates his concern regarding Mr. Huan Qi, head of human
rights organisation Tianwan Human Rights Service and founder of the human rights website
64tianwang. The Special Rapporteur regrets no reply has been received to date in regard to
communication CHN 17/2019.
351. The Special Rapporteur would like to request the Government of China to share
updated information on any eventual sentencing of the three defenders mentioned in CHN
15/2019 and CHN 17/2019.
352. Concerning the case of human rights lawyer Mr Jian Tianyong, the Special Rapporteur
acknowledges the Government’s response but regrets that no attempt is made to substantively
address the allegations of harassment and other violations since his release from prison, or to
provide answers to the questions posed. The Special Rapporteur notes with alarm the
dwindling numbers of human rights lawyers in China who are still able to practice their
profession, and links this to the systematic targeting of human rights lawyers by Government
authorities.
353. The Special Rapporteur thanks the Government for its reply regarding the allegations
of human rights violations linked to the ProRoutes road-building project in Democratic
Republic of Congo (CHN 2/2019). The Special Rapporteur wishes to reiterate that both the
Government of China and the Chinese company involved have a responsibility to ensure that
such projects are implemented in line with international human rights standards even when
they are implemented in extra-territorial jurisdictions. The Special Rapporteur recalls the
provisions of the Guiding Principles on Business and Human Rights. These include a
responsibility to prevent or mitigate adverse human rights impacts that are linked to
operations through business relationships, even if the company has not contributed to those
impacts (Guiding Principle 13), and to put in place redress processes which are available to
alleged victims (Guiding Principle 15). The Special Rapporteur similarly reiterates his
51
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