A/HRC/57/60
28.
According to information received by OHCHR, in June and July 2023, two
individuals received threats from elements of the Azande Ani Kpi Gbe armed group in the
Haut Oubangui region due to their perceived advocacy with the population to support
activities organized by MINUSCA. Names and details of those concerned are withheld due
to fear of further reprisals.
29.
In January 2024, a human rights defender in Equateur region received threats from
state actors due to perceived collaboration with MINUSCA. The human rights defender was
allegedly perceived as reporting human rights violations committed by the national security
forces to MINUSCA.
30.
Some members of the community refused to exchange or collaborate with MINUSCA
during field activities, particularly during human rights investigations and protection of
civilians’ operations, due to threats and fear of reprisals from non-state armed groups,
national armed forces and other security personnel. Threats made by elements of the national
armed forces were reported in January 2024 in the Equateur region. Similar threats were
reported in the Fertit region in March 2024 where Sudanese combatants threatened the
population with reprisals for collaborating with MINUSCA.
31.
These threats affected the willingness of the broader population to collaborate with
MINUSCA, with members of the communities refusing to speak directly and openly to
MINUSCA because of fear of reprisals.
5.
China
32.
On 1 May 2023, the Working Group on Arbitrary Detention found the detention
of Ms. Hang Tuan Chow to be arbitrary (A/HRC/WGAD/2023/30). 11 In its opinion, the
Working Group referred to the reply of the Government of Hong Kong Special
Administrative Region (HKSAR) and in particular to its statement that the proceedings
against Ms. Chow were ongoing and therefore, any interference with the case of Ms. Hang
Tuan Chow would be a matter inconsistent with the principle of sub judice. The Working
Group noted that the Government’s reply also pointed out that under common law publishing
statements that were intended to interfere with or obstruct the due administration of justice
or perform acts with the same intention may constitute “criminal contempt of court”. 12
According to information received by OHCHR, there are concerns that the submission by the
source to the Working Group on the alleged arbitrary detention of Ms. Hang Tuan Chow,
may accordingly be deemed to constitute “criminal contempt of court” and trigger
corresponding liability.
33.
On 12 May 2023, in its concluding observations on the ninth periodic report of China,
the Committee on the Elimination of Discrimination against Women recommended that
the State party ensure the protection of women human rights defenders from intimidation,
harassment and reprisals for their work, including when they have engaged or sought to
engage with the Committee, to immediately stop any such reprisals and ensure the protection
of the women human rights defenders concerned and investigate and prosecute those
responsible, including police officers and other State agents (CEDAW/C/CHN/CO/9,
para. 36 b).
34.
During the fourth Universal Periodic Review of China on 23 January 2023, the State
received one recommendation to enable all members of civil society to freely engage with
international human rights mechanisms without fear of intimidation or reprisals and another
to implement the concluding observations of the Committee on the Elimination of
Discrimination against Women (see above) and the Committee on the Rights of Persons with
Disabilities to immediately stop reprisals against human rights defenders, journalists and
individuals belonging to minority groups (A/HRC/56/6, paras. 22.43 and 22.387).13 China
11
12
13
22
See also A/HRC/WGAD/2023/30/Corr.1.
A/HRC/WGAD/2023/30, para. 59. See also A/HRC/WGAD/2023/30/Corr.1.
See at: https://uprmeetings.ohchr.org/Sessions/45/China/Pages/default.aspx.
GE.24-14259