A/HRC/32/36/Add.3
284. JUA 15/01/2016. Case no. CHN 1/2016. State reply: 28/02/2016. Alleged arbitrary
arrest and detention of six labour activists and human rights defenders.
285. PR 16/07/2015 “Lawyers need to be protected not harassed” – UN experts urge
China to halt detentions
Observations
Responses to communications
286. The Special Rapporteur thanks the Government of China for its responses to all the
communications sent during the reporting period, the majority of which are still awaiting
translation at the time of drafting this report.
287. He expresses his deep disappointment at the adoption on 28 April 2016 by the
National People’s Congress of the Law on the Management of Foreign Non-Governmental
Organizations’ Activities on 28 April 2016, which will enter into force on 1 January 2017.
He believes that the “excessively broad and vague provisions, and administrative discretion
given to the authorities in regulating the work of foreign NGOs, can be wielded as tools to
intimidate, and even suppress, dissenting views and opinions in the country... [Furthermore,
it is feared that] this Law will severely hinder the work of civil society organizations whose
work is deemed sensitive by the authorities, and it will have a detrimental impact on the
existence and operations of domestic NGOs that cooperate with foreign NGOs and/or are
dependent of funding from them, and which carry out activities in the field of human rights,
including economic and social rights”.3
288. While awaiting the translation of the responses received, the Special Rapporteur
remains gravely disturbed by allegations of arrests, criminalization, harassment of families
and disappearance of individuals, including lawyers and trade unionists, as a result of the
exercise of their rights to freedom of peaceful assembly and/or freedom of association. He
is equally concerned about the situation of individuals similarly targeted in the Tibet
Autonomous Region and neighbouring provinces because of the exercise of these rights. To
this end, he urges the authorities of China to respect, protect and fulfil the rights of
everyone to free association and peaceful assembly. In this regard, he reminds the
Government of China of its positive obligation to ensure that civil society, including human
rights defenders, can carry out their legitimate work free in a safe and enabling environment
without fear of threats or acts of intimidation, harassment or threats of any sort. He also
wishes to refer to the joint report on the proper management of assemblies he prepared with
the Special Rapporteur on extrajudicial, summary or arbitrary executions (A/HRC/31/66),
which is particularly relevant to the present situation in the country.
Country visit
289. The Special Rapporteur reminds the Government of his pending requests to visit
China, as indicated by letters on 23 September 2011 and on 15 November 2013. He trusts
that such a visit would allow him to examine in situ issues relating to his mandate, identify
good practices and formulate pertinent recommendations to relevant stakeholders. He looks
forward to receiving a positive reply at the earliest possible opportunity. He reiterates that
Human Rights Council resolution 15/21, which established his mandate, and 24/5, which
renewed it for an additional period of three years, both call upon States to consider
favourably his requests for visits.
3
See the press release issued after the reporting period:
http://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=19921&LangID=E
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