The United Nations Committee on Economic, Social and Cultural Rights (the Committee) has released its concluding observations (CObs) following reviews of China's and Hong Kong's implementation of the International Covenant of Economic, Social and Cultural Rights (ICESCR). The 29 Principles submitted reports prior to the review on the situation of both China's and Hong Kong's enforcement of the ICESCR, specifically focusing on the protection of human rights lawyers' right to work, in light of recent events suggesting an increasingly oppressive environment for human rights lawyers and advocates.
- On China -
Regarding China, the Committee's CObs reflect The 29 Principles' submission on the Restriction of Human Rights Lawyers’ Economic Right to Work in China. Specifically, the Committee noted that human rights defenders and lawyers are subjected to systematic prosecution, reprisals, and intimidation for legitimate activities, including disbarment (paragraph 15 of the CObs). The Committee also expressed concern about the lack of judicial independence and increasing political interference in the judiciary. These issues highlight concerns regarding China's measures to restrict the practice of human rights lawyers, impeding their fundamental political and economic freedoms and their right to work. The Committee emphasised the importance of the right to freedom of opinion and expression, including a critical and dissenting opinion of China's activities and policies regarding economic, social, and cultural rights, aligning with the UN Basic Principles on the Role of Lawyers that safeguard lawyers' right to practise, which is also the foundational values of The 29 Principles.
- On Hong Kong -
Regarding Hong Kong, the Committee expressed concern over civil society, human rights defenders, journalists, and lawyers working on human rights following reports of arrests, detentions, and trials of human rights defenders and lawyers working on human rights without due process, and other advocates striving to defend economic, social, and cultural rights. The Committee particularly noted these patterns in the context of the 2019-2020 protests against the Fugitive Offenders and Mutual Legal Assistance in Criminal Matters Legislation (Amendment) Bill. The 29 Principles questioned why foreign legal practitioners cannot practise in cases relating to the Hong Kong National Security Law, despite generally practising in other areas of law. In this connection, the Committee is similarly concerned about the lack of transparency during detention and trials and the lack of access to lawyers during proceedings (paragraph 102 of the CObs). As such, the Committee urges the Hong Kong Government to provide all due process guarantees for human rights lawyers and advocates working on human rights, including access to independent and effective legal representation at every stage of the proceedings. The Committee called on Hong Kong to comply with its treaty obligations under the ICESCR, as urged in The 29 Principles' submission.
- Summary -
In summary, the Committee urges China to take legislative and administrative measures to guarantee the full independence and impartiality of the judiciary, with systematic training for judges, lawyers, and law enforcement personnel on all human rights, including economic, social, and cultural rights. Regarding Hong Kong, the Committee calls for the abolition of the national security hotline and review of the Hong Kong National Security Law.