persons or organizations engaging with the CESCR on China

Cases
Case status
Unknown
Location of case in SG report
2023-025-002
Relevant SG report
Year of the report
2023
Country Geolocation

Latitude: 35.86166

Longitude: 104.195397

Country Geolocation (linked Cases)
China
From Region
UN body that raised the case prior to the SG report
  • UN Treaty Bodies: CESCR
Dates of prior UN action
15 February 2023
Type of record
Preemptive statement made to ensure no reprisals will occur
Gender
Gender unclear
Was the victim a foreign national?
No
Was the victim a minor?
No
Type of rights defended
  • Economic/social rights
Was the victim a civil servant or member of the security forces or of the judiciary?
No
Reported trigger of reprisal

providing information to the CESCR

Engagement with UN body
  • UN Treaty Bodies: CESCR
Dates of engagement
February 2023
Type of attempted engagement
  • Participation in meeting on UN premises
  • Submission of information to UN
Dates of mentioned reprisals
February 2023
Location of mentioned reprisals
UN in Geneva
Reprisal information
  1. On 15 February 2023, during the review of the third periodic report of China, the Committee on Economic Social and Cultural Rights,21 noted that “[h]uman rights defenders, non-governmental and civil society organizations had reportedly faced difficulties when trying to attend the Committee’s meeting with the State party, as they feared reprisals. It sought assurances from the State party that no persons or organizations would face reprisals for providing it with information. (E/C.12/2023/SR.5 para. 15).22 In his response, a representative of the Chinese delegation noted that there would be no retaliation against NGOs for providing information to the Committee or attending meetings to express their views, which was welcomed by the Committee (E/C.12/2023/SR.5 para. and 25 23 ; E/C.12/2023/SR.7 para. 78).24 According to information received by OHCHR, during the reporting period, a civil society representative was subjected to intimidation and reprisals for engaging with the Committee on Economic Social and Cultural Rights in relation to the Committee’s consideration of the third periodic report of China. Names and details of those concerned are withheld due to fear of reprisals. The Committee addressed the reported incident with the relevant authorities.
Types of reprisals suffered
  • Threats/Intimidations (incl. "fear of reprisal")
Alleged/likely perpetrators
State actors
Was the reprisal based on new legislation?
No
Does the report make general comment about country’s environment for engagement with UN?
Yes
Government response dates
15 February 2023, 28 July 2023
Government response content

In his response, a representative of the Chinese delegation noted that there would be no retaliation against NGOs for providing information to the Committee or attending meetings to express their views, which was welcomed by the Committee (E/C.12/2023/SR.5 para. and 25 23 ; E/C.12/2023/SR.7 para. 78).24

  1. On 28 July 2023, the Government responded to the note verbale sent in connection to the present report noting that the State respects and safeguards human rights and protects, in accordance with the law, routine exchanges and cooperation with the United Nations. The Government denied allegations of reprisals against those who cooperate with United Nations human rights mechanisms and opposed the use of what it characterized as false allegations of so-called reprisals as a pretext to interfere with judicial processes.
Was the case raised by a State at the UN?
No
Is the country cited for a "pattern of reprisal" in the context of this case?
No
Is a pattern of reprisals mentioned otherwise in the context of this case?
No
Does the report cite "self-censorship" as an issue in the context of this case?
Yes