A/HRC/54/61
cannot speak freely or work in a safe environment, risking threats, intimidation or reprisals
(A/77/195, paras. 10 and 42).
21.
On 20 July 2023, the Government responded to the note verbale sent in connection to
the present report noting that trade unions can be formed, their representatives can carry out
their legal activities and citizens can enjoy the right to join trade unions. The Government
rejected as groundless the allegations that trade unions and citizens are persecuted for
carrying out trade union activities or for the peaceful and legal exercise of civil rights,
including cooperation with the United Nations. The Government stated that the Belarusian
Congress of Democratic Trade Unions (BCDTU) and its affiliated organizations were
terminated in accordance with the decision of the Supreme Court based on part 2 of article 5
of the Law “On Trade Unions.” It also noted that, Mr. Aliaksandr Yarashuk, former
chairperson of BCDTU was found guilty of participation in group actions that grossly violate
public order and are associated with disobedience and causing harm to national security under
part 1 of article 342 and part 3 of article 361 of the Criminal Code. The Government clarified
that the appeal of 24 March 2023 confirmed the sentence of 26 December 2022 against Mr.
Aliaksandr Yarashuk.
5.
China
22.
Multiple United Nations actors raised concerns about intimidation and reprisals
against human rights defenders and civil society organizations for their cooperation with the
United Nations. For instance, several United Nations human rights mechanisms specifically
requested clarifications from the Government whether those cooperating with the United
Nations would face criminal liability under the Law of the People’s Republic of China on
Safeguarding National Security in the Hong Kong Special Administrative Region (HKSAR)
(“National Security Law”).15 Several United Nations human rights mechanisms explicitly
sought assurances against any form of intimidation and reprisals for cooperation with the
respective UN bodies.16
23.
On 7 and 8 July 2022, during the consideration of the fourth periodic review of the
Hong Kong Special Administrative Region (HKSAR), 17 the Human Rights Committee
requested clarification “as to whether the civil society organizations that were engaging with
the Committee in connection with the periodic review would be deemed to be in breach of
the National Security Law” and sought assurances “that those organizations were not in
danger of prosecution or victimization for their engagement” or that they would not be
charged under the National Security Law, “as a result of their participation”
(CCPR/C/SR.3891, para. 14; CCPR/C/SR.3893 para. 11).18 On 12 July 2022, the Committee
asked whether interaction with United Nations human rights mechanisms was classified as
“collusion with foreign forces” under Articles 29–30 of the National Security Law
(CCPR/C/SR.3895, para. 29).19 In its response, a representative of HKSAR noted that: “Civil
society organizations involved in normal interactions with United Nations bodies were
protected by the laws of HKSAR; only interactions that fell outside the norm were punishable
under the National Security Law. It was impossible to generalize about whether a United
Nations body would meet the definition of a foreign political organization under the Societies
Ordinance, since that depended on the particulars of the case and on the activities of the body
in question” (CCPR/C/SR.3895, para. 44).20
24.
On 9 September 2022, in its concluding observations on the combined second and
third periodic reports of China, the Committee on the Rights of Persons with Disabilities
expressed concern about reports of reprisals against human rights defenders and civil society
15
16
17
18
19
20
GE.23-15378
CRPD/C/CHN/CO/2-3, paras. 44–45; CHN 1/2023; CCPR/C/SR.3891 para. 14; CCPR/C/SR.3893,
para. 11; CCPR/C/SR.3895 para. 29; E/C.12/2023/SR.5 paras. 15 and 25; E/C.12/2023/SR.7,
para. 78; CHN 1/2023.
CCPR/C/SR.3891 para. 14; CCPR/C/SR.3893, para. 11; E/C.12/2023/SR.5 para. 15; CHN 1/2023.
CCPR/C/CHN-HKG/4.
https://media.un.org/en/asset/k1e/k1e5lbhfee; https://media.un.org/en/asset/k1l/k1l6t4ifsx.
https://media.un.org/en/asset/k1e/k1ezy3nrgy.
Ibid.
23