In a joint communication to the Chinese government, seven United Nations independent human rights experts presented a legal assessment of the National Security Law for Hong Kong (NSL). They also detailed their numerous concerns that the law does not comply with the government’s international legal obligations, in particular, with the Universal Declaration of Human Rights (UDHR) and the International Covenant on Civil and Political Rights (ICCPR), which applies to Hong Kong Special Administrative Region (HKSAR).
The joint communication outlines the legal framework of international human rights standards that remain in force in the HKSAR in accordance with the 1984 Sino-British Joint Declaration and the Basic Law of Hong Kong. It also references the relevant UN Security Council, General Assembly, and Human Rights Council resolutions to remind the Chinese government that any measures to combat terrorism (including the crimes of incitement of and support for terrorist acts) must comply with all of its existing current obligations under international law.
The experts highlight vague and overbroad substantive and procedural provisions and the lack of transparency and accountability of the central and HKSAR security entities created under the NSL. They recommend review and reconsideration of the law to ensure its compliance with China’s international human rights obligations with respect to Hong Kong.
“This comprehensive and rigorous legal analysis of the NSL comes at a moment of urgent need to address the vast gray areas created by the law,” said Sharon Hom, Executive Director Human Rights in China. “Unfortunately, instead of constructively engaging with the concerns and recommendations of independent experts, the central authorities have characterized the joint communication as interference in China’s domestic affairs.”
The impact of the NSL (effective June 30, 2020) can be clearly seen in the ongoing arrests, chilling of the media, censorship and self-censorship across diverse sectors of society, and threats to the peaceful exercise of rights. The joint communication serves as an authoritative lens through which the legal profession, policymakers, and the public can critically examine the ambiguities and conflicts in the law and a tool with which to address the alarming lack of transparency and accountability of the implementing bodies.
Key concerns and comments advanced by the UN experts include the following (emphases added).
The compatibility of the National Security Law with international human rights
Definition of Terrorism
National Security
Secession and Subversion
Freedom of Opinion, Expression and Peaceful Assembly
Establishment of Committee for Safeguarding National Security
Civil Society
“In all, the expressed concerns are a strong and urgent reminder to the Chinese authorities of their international obligations with regard to Hong Kong—that these are existing and prevailing obligations protected under the ICCPR, the International Covenant on Economic, Social and Cultural Rights (ICESCR), and Hong Kong’s Basic Law and Bill of Rights Ordinance—not to mention article 4 of the NSL itself,” said Hom.
“After including respect for international human rights and the rule of law in the NSL, the central government and the HKSAR government now must ensure meaningful and effective implementation of these provisions,” Hom added. “The failure of political leadership to welcome the constructive input and offer of technical advice and assistance by international experts who are conscientiously carrying out their UN mandates will further erode the rapidly diminishing trust and confidence of the public.”
The 14-page communication was sent to the Chinese ambassador to the UN on September 1 and made public on September 4. It is signed by the seven UN special procedures listed below working on some of the most significant challenges to fundamental rights and freedoms as protected in relevant international human rights law:
Fionnuala Ní Aoláin
Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism
Elina Steinerte
Vice-Chair of the Working Group on Arbitrary Detention
Agnes Callamard
Special Rapporteur on extrajudicial, summary or arbitrary executions
Irene Khan
Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
Clement Nyaletsossi Voule
Special Rapporteur on the rights to freedom of peaceful assembly and of association
Mary Lawlor
Special Rapporteur on the situation of human rights defenders
Fernand de Varennes
Special Rapporteur on minority issues
UN Statements & Actions, & China's Response
Links
[1] https://www.hrichina.org/en/hong-kong-program-work
[2] https://spcommreports.ohchr.org/TMResultsBase/DownLoadPublicCommunicationFile?gId=25487
[3] https://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=26033&LangID=E
[4] https://www.ohchr.org/CH/NewsEvents/Pages/DisplayNews.aspx?NewsID=26033&LangID=C
[5] https://ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=26006&LangID=E
[6] https://ohchr.org/CH/NewsEvents/Pages/DisplayNews.aspx?NewsID=26006&LangID=C
[7] https://spcommreports.ohchr.org/TMResultsBase/DownLoadPublicCommunicationFile?gId=25354
[8] http://www.china-un.ch/eng/zywjyjh/t1779050.htm
[9] https://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=25880&LangID=E
[10] http://spcommreports.ohchr.org/TMResultsBase/DownLoadPublicCommunicationFile?gId=25196
[11] https://www.hrichina.org/sites/default/files/prc_sept._24_reply_to_sr_communication_on_hong_kong.pdf
[12] https://www.hrichina.org/en/press-work/hric-bulletin/chinahong-kong-un-experts-urge-china-respect-protesters-rights
[13] https://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=24888&LangID=E
[14] https://www.unog.ch/unog/website/news_media.nsf/(httpBriefingsLatest_en)/7E21003165D441AEC12584510049265D?OpenDocument
[15] http://webtv.un.org/watch/geneva-press-briefing-wfp-ochr-unhcr-iom/6068524189001
[16] https://spcommreports.ohchr.org/TMResultsBase/DownLoadPublicCommunicationFile?gId=24674
[17] https://www.hrichina.org/sites/default/files/chs_sp_communicatons_on_hong_kong_2019.06.28.docx
[18] https://www.hrichina.org/sites/default/files/cht_sp_communicatons_on_hong_kong_2019.06.28.docx