Reprisals: ISHR's 2024 submission on trends and recent cases in China

This report examines the troubling trend of reprisals against civil society actors by the People’s Republic of China, particularly those engaging with UN human rights mechanisms. It highlights the systematic measures taken by the Chinese government to suppress civil society's engagement with international bodies, under the guise of national security.

Key issues include the use of overly broad national security laws to target human rights defenders, the increase in self-censorship among activists, and the employment of government-organized NGOs (GONGOs) to stifle genuine civil society representation at the UN. Notably, China’s actions extend beyond its borders, affecting diaspora communities and activists abroad, thereby silencing dissent and discouraging international advocacy.

To address the issue of reprisals and intimidation against Chinese civil society actors and ensure safe and unhindered engagement with UN mechanisms, ISHR calls on:

Chinese and Hong Kong authorities to:

• Cease and desist from all acts of intimidation and reprisal against those who cooperate or seek to cooperate with the UN and who exercise their right to defend rights.
• Cease to interpret cooperation with UN bodies as a national security threat, and provide public, clear reassurances that UN engagement does not fall under the scope of national security legislation, and that any UN body or representative is legally considered as an ‘external force’ under the Article 23 law.

The UN Assistant Secretary-General to:

• Regularly inquire about the status of intimidation and reprisal cases and communicate publicly about responses received.
• Follow up regularly on intimidation and reprisals cases using public and social media tools, including on key dates or anniversaries. This includes addressing unresolved cases, such as Cao Shunli’s case, to increase the public cost of committing reprisals and prevent impunity.
• Urge UN human rights bodies, including Special Procedures and Treaty Bodies, to support sustained follow-up on cases of intimidation and reprisals in China and publicly report on their efforts.
• Identify States that commit systemic patterns of reprisals and undermine civil society’s right to safe and unhindered access to the UN and document these patterns in the annual Reprisals Report.

The NGO Branch of UN DESA and all UN offices to:

• Guarantee safe and full access to UN premises for civil society representatives during relevant meetings and events.
• Identify and publicly report efforts by States to constrain or manipulate access.

This analysis underscores the urgent need for international efforts to protect human rights defenders and uphold transparency and accountability within global governance frameworks.