Date: 12 April 2023
UN Treaty Body Database: https://tbinternet.ohchr.org/_layouts/15/treatybodyexternal/Download.aspx?symbolno=INT%2FCEDAW%2FCSS%2FCHN%2F52308&Lang=en
Submission to the Committee on the Elimination of Discrimination against Women under the Convention on the Elimination of All Forms of Discrimination against Women
This submission is prepared by the 29 Principles (referring to the 29 “UN Basic Principles on the Role of Lawyers”), a UK-based organisation supporting lawyers facing human rights oppression. The 29 Principles is committed to providing support to lawyers to help them fulfil the roles described in the Basic Principles, in particular on promoting the rule of law.
Executive Summary
As has been noted in previous conclusions by the UN on China's judicial system, China's human rights legal community is undergoing intense suppression across the board. Women human rights defenders (WHRDs) experience a distinctly gendered form of oppression and are at greater risk given their gender, in contravention of China's ratification of the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) and its commitments in the Beijing Declaration and Platform for Action.
This submission highlights the ongoing oppression against WHRDs in China, despite the government's claims of compliance with the CEDAW recommendations. While the Chinese government asserts its adherence to human rights protection and the rule of law, evidence demonstrates that WHRDs continue to face reprisals, prolonged and incommunicado detention, prosecution, and conviction on politically related charges. This pattern of violations raises serious concerns about China's commitment to CEDAW and prompts an urgent call for clarification from the Chinese government on its treaty obligations, as the current fact patterns contradict the State Party’s claims of compliance.
Oppression against Women Human Rights Defenders (WHRDs) in the exercise of social, political, and human rights (Articles 1, 3, 7)
Connection to the Previous Recommendations by the Committee and the Corresponding Replies by China
Referring to the Concluding Observations (CObs) adopted by the Committee in 2014 during its previous review on China's implementation of the CEDAW (CEDAW/C/CHN/CO/7-8), the Committee in paragraphs 14 and 15 addressed women's limited access to legal remedies and urged the Chinese Government to ensure effective access to justice, provide legal aid, support relevant NGOs, and establish judicial independence to prevent political interference in cases involving women's human rights. In the same CObs, the Committee in paragraphs 32 and 33 expressed concern about WHRDs, who experienced censorship, fear of reprisals, and travel restrictions as they engaged with the UN human rights mechanisms. The Committee urged the Chinese Government to implement measures to protect women human rights defenders, investigate allegations of censorship, lift travel restrictions, and review national regulations to enable direct NGO registration without sponsorship, promoting women's rights organisations' participation.
In the corresponding reply to the CObs delivered by the Chinese Government in 2017 (CEDAW/C/CHN/CO/7-8/Add.1), in view of the recommendations raised by the Committee, the Chinese Government replied on the issue of access to legal remedies by asserting that it is a country under the rule of law, with its Constitution ensuring the independence of the judiciary. It claimed that the government has deepened judicial system reform, optimised the allocation of judicial powers, and implemented various measures to prevent interference in judicial activities. The State Party further alleged that those actions aimed to safeguard judicial fairness, increase public confidence in judicial affairs, and ensure that courts and procuratorates exercise their powers independently and without interference. The Chinese Government did not provide any reply regarding the Committee's recommendation mentioned in paragraphs 32-33 in the CObs above.
While the Chinese Government had claimed its compliance with recommendations mentioned by the Committee in the CObs in 2014 above, shortly thereafter a large-scale crackdown against human rights lawyers and defenders began in July 2015, where more than 140 human rights lawyers, defenders and other persons were subjected to interrogation, (incommunicado) detention, enforced disappearance, prosecution, conviction, and imprisonment for crimes relating to political nature - mostly pertinent to national security-related offences. Multiple human rights groups and mandate holders in the UN raised concerns about such a crackdown which is widely known as the “709 Crackdown”, as documented in a communication sent to the Chinese Government (https://spcommreports.ohchr.org/TMResultsBase/DownLoadPublicCommunicationFile?gId=14403).
Current Review - Demonstrated Patterns of Continued Oppression against WHRDs
With reference to the current Committee’s List of Issues ("LOIs") (CEDAW/C/CHN/Q/9) and the corresponding Replies by China (CEDAW/C/CHN/RQ/9) ("Replies"), this bulletin gathers and presents information regarding particular oppression faced by WHRDs in China, which addresses Articles 1, 3, and 7 of the CEDAW. For brevity's sake, this bulletin only covers events and instances happening after the release of the Committee's LOIs in March 2021.
In paragraph 13 of the LOIs, the Committee once again questioned the measures taken by China to ensure that WHRDs can provide information without fearing reprisals, the investigation into allegations of State censorship of reports submitted by non-governmental organisations (NGOs) to the Committee, and the steps taken to enable direct registration of NGOs without sponsorship, largely echoing its recommendations in the aforementioned CObs. The Chinese Government claimed in paragraph 37 of its Replies that its Constitution respects and protects human rights, and its citizens enjoy extensive rights and freedoms. It further alleged that it sought to ensure the legitimate rights and interests of its citizens and foreigners, without reprisals against cooperators with human rights treaty bodies. However, a key tenet of the Beijing Declaration and Platform for Action is the direct inclusion and consideration of a gender lens across policy areas. The Chinese Government fails in its replies to note how it responds to specifically the situation of WHRDs, which may contribute to why we continue to see the patterns outlined below.
The fact is that currently WHRDs have still been subjected to reprisals, prolonged and incommunicado detention, prosecution and conviction on politically related charges, and imprisonment, according to the records of the UN. This echoes the very same kinds of patterns noted in the 2014 Concluding Observations, and even arguably notes a worsening situation, despite China's claims in its 2017 replies. China fails to explain comprehensively in its Replies how it respects and protects human rights, especially those of WHRDs, took place despite the facts suggest the otherwise.
As a matter of fact, in the short time-frame after the Committee has issued its LOIs for this current review, there have already been at least 4 communications sent to the Chinese Government concerning its potential violation of human rights protection against WHRDs. On 28 April 2021, the incommunicado detention of Li Qiaochu, a WHRD who was proactive in labour rights and civil rights, and supportive of Chinese human rights advocate and her partner legal scholar Xu Zhiyong, was addressed by multiple working groups and special rapporteurs from the mandate holders in the special procedures of the UN human rights office (https://spcommreports.ohchr.org/TMResultsBase/DownLoadPublicCommunicationFile?gId=26337). Li is now facing the charge of "inciting the subversion of state power", which is highly politically entrenched.
In the communication, the UN experts noted that they "identified alleged intimidation and reprisals for cooperation with the UN, its representatives and mechanisms in the field of human rights, including in the form of arbitrary arrest, detention, ill-treatment and torture, and forcible disappearance into residential surveillance at designated location (RSDL)". It must be noted that Li Qiaochu was previously placed in RSDL, and in the communication, it was stated that "[s]he suffered from harassment after her release, due to her writing on her RSDL experience". The records of events above are contrary to what the Chinese Government claimed, that its Constitution respects and protects human rights, and its citizens enjoy extensive rights and freedoms. It is also clear that reprisals were present as HRDs attempted to cooperate with human rights treaty bodies. Furthermore, the Chinese Government's non-compliance towards its commitment to human rights protection as stipulated in CEDAW was demonstrably manifested by the fact that within a year, human rights experts from the UN special procedures similarly issued another communication concerning Li Qiaochu (https://spcommreports.ohchr.org/TMResultsBase/DownLoadPublicCommunicationFile?gId=27049), effectively signalling no intention or progress made by the Chinese regime in furthering its commitment to CEDAW.
On 15 November 2021, numerous UN human rights experts addressed the custody and detention of Zhang Zhan (https://spcommreports.ohchr.org/TMResultsBase/DownLoadPublicCommunicationFile?gId=26821), who was previously a lawyer in China. She subsequently became a civil journalist who proactively reported the situation in Wuhan during the early outbreak of COVID-19. According to these experts, the detention of Zhang Zhan appeared to be arbitrary, and the authorities were ignorant of the medical conditions she suffered during her detention. In December 2020, Zhang Zhan was convicted for “picking quarrels and provoking troubles” and was sentenced for 4 years of imprisonment.
In the Joint Submission to the Special Rapporteur on the Independence of Judges and Lawyers for his consideration for his report to the UN Human Rights Council in June 2022, submitted by the 29 Principles and other organisations (https://www.ohchr.org/sites/default/files/2022-04/29-principles-l4l-ibahri_0.pdf), the situation of WHRD Li Yuhan was addressed, as the human rights lawyer has now been detained for more than 2000 days but has not yet received the verdict concerning the offences charged against her. Such prolonged detention without adjudication arguably amounts to arbitrary detention.
Regrettably, just within the short time-period since the issue of the current LOIs, there are already numerous instances of violations of the human rights of WHRDs as mentioned. We are thus deeply concerned and worried for the fact that there may be many more instances of similar violations which may not have been reported and documented.
In view of this, we strongly urge China to clarify on its commitment and compliance with its treaty obligations under the CEDAW, despite the information and the established facts above which suggest otherwise.