A/HRC/43/51/Add.3
ASIA-PACIFIC REGION
293. During the present reporting period, the Special Rapporteur sent 70 communications
to 19 countries in the Asia-Pacific region. He takes note of the response rate of 60% for the
region, which is a welcome increase of 34% over the previous reporting period. He is grateful
for the Governments who cooperated with the mandate and looks forward to receiving the
outstanding replies.
294. The Special Rapporteur would also like to commend the Government of Mongolia for
its invitation to visit the country, and for its cooperation during the visit. The Special
Rapporteur remains committed to provide technical support, in particular to support the
adoption of a comprehensive law on the protection of human rights defenders and welcomes
the commitment and will of the Government to ensure a safe and enabling environment for
them, in compliance with the UN Declaration on Human Rights Defenders.
295. The Special Rapporteur notes with concern the persistently hostile environment across
multiple countries in the region towards human rights defenders. Those defending local and
indigenous communities’ right to a safe, clean, healthy and sustainable environment are
commonly targeted by powerful commercial interests (particularly in the mining sector), as
illustrated by communications sent to Australia, China, India and the Philippines. Defenders
of religious minorities are also commonly targeted in the region, including in some cases by
State authorities, such as in Bangladesh, China and India. Those defending women’s rights
and LGBTI rights have also been targeted in some countries, as illustrated by
communications sent to Malaysia, Pakistan and the Philippines.
296. The right to freedom of expression continues to be threatened in countries across the
region, with many Governments seemingly unwilling to accept even limited criticism from
journalists or activists, such as in Bangladesh, Lao, Myanmar, Pakistan and Viet Nam.
Similarly the right to freely associate has come under threat in several countries, where States
use legislation to impose unreasonable administrative requirements or restrictions on human
rights organisations, and prosecute their members. The alleged use of excessive force by
police authorities in response to protests has been reported in a number of countries, along
with the criminalisation of protesters, in particular targeting human rights defenders who are
often the organisers of the protests.
297. Continued patterns observed during the reporting period include States’ failures to
observe due process when prosecuting rights defenders, notably regarding access to legal
representation, such as in China and Viet Nam. Some States have also continued to use
counter-terrorism and national security legislation to prosecute journalists, NGO leaders and
protest organisers, resulting in the use of excessive force and allowing them to hand down
lengthy prison sentences which are often significantly disproportionate to the actual
substance of the actions for which they are prosecuted. This was illustrated by
communications sent to China and the Philippines.
298. Allegations of mistreatment in detention continue to abound, with the deliberate and
punitive deprivation of contact with families a particularly recurrent theme, in some cases
leading to severe deteriorations in the mental health of prisoners, as seen in communications
sent to Iran, Lao, Pakistan and Viet Nam..
299. Human rights defenders in the region often face intimidation, harassment and violent
attacks, including in some cases by State authorities. State inaction in the face of such
allegations contributes to a worrying climate of impunity for perpetrators, including failures
to investigate allegations and failures to protect those under threat. States have an obligation
to create a safe and enabling environment for human rights defenders, including by
adequately responding to complaints of violence or harassment and by investigating reported
incidents.
300. The Special Rapporteur regrets to note that, during the reporting period, he received
seven reports on cases of reprisals and intimidation against defenders for cooperation with
international human rights mechanisms, including the UN, its representatives and
mechanisms concerning China (CHN 2/2019, CHN 9/2019 and CHN 6/2019), IND 18/2019
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