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
- From Country
- 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
- 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
- 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
sorted by
Date added
3 relationships, 3 entities