Corporate report

Human Rights Priority Country status report: July to December 2016

Updated 8 February 2017

This was published under the 2015 to 2016 Cameron Conservative government

This report covers significant human rights developments in China between 1 July and 31 December 2016.

Over the period, the Chinese authorities published several documents promoting human rights, including white papers on judicial reform and poverty alleviation, and a new National Human Rights Action Plan.

However, several developments raised questions about China’s commitment to human rights. In particular, a lack of due process and transparency marked the continued detention of many lawyers and human rights activists and defenders. Elections for some local people’s congresses in autumn 2016 were conducted, but there were reports that independent candidates were intimidated.

The UK raised human rights at every level including at the UK-China Human Rights Dialogue which was held on 27 and 28 October.

China reviewed its performance under the UN Millennium Development Goals in a white paper and made fresh commitments in the Five Year Plan for Poverty Alleviation. Following a visit to China in August, the UN Special Rapporteur on Extreme Poverty reported on China’s progress. The UN called for a greater focus on situating development objectives within the context of individual rights and robust accountability mechanisms in accordance with the International Convention on Economic, Social and Cultural Rights. China continued to reform its ‘hukou’ household registration system.

China was re-elected to the UN Human Rights Council in November and marked several international human rights days and anniversaries. China supported events on development and disabilities around the G20 Summit and Asia Europe Meeting (ASEM). A limited range of NGOs were allowed to participate in some international events such as the C20, but there were reports that some individuals and civil society groups were subject to restrictions.

Several laws, regulations or action plans were proclaimed, passed or revised that affected human rights. It was not clear whether the legal standards prescribed in these action plans, laws and regulations were applied universally. In September, the State Council published the National Human Rights Action Plan (2016-2020), which laid out ambitious proposals for progress over the next 5 years and committed China to full participation in UN human rights mechanisms. China did not reply to the UN Committee Against Torture’s (CAT) concluding observations and recommendations, as it had been due to do in December.

In September, the State Council published a white paper “New Progress in the Judicial Protection of Human Rights in China”, which noted progress on areas including legal aid, psychological consultation and parole. However, in November, the Supreme People’s Court tightened guidelines for ‘strict handling’ of parole for those convicted of endangering state security.

China passed its first Cyber Security Law in November, due to come into effect in June 2017. The law tightens online censorship and control, requiring the local storage of data on Chinese citizens and businesses, and submitting foreign companies to new technical standards and national security checks. Draft revisions to the Police Law were opened for public consultation in December. The revisions grant new police powers to access personal and biometric data and restrict internet access in emergencies. The revised law departs from international standards in important respects: it is unclear about the threshold for exercising police powers and lacks an external oversight mechanism. The UK lobbied for changes on both these laws, working with the EU.

The Foreign NGO Management law (FNGO law) which came into effect on 1 January 2017 remains a concern. The law requires foreign NGOs to register with the Ministry of Public Security (MPS). Penalties for non-compliance include suspension of activities, fines and short-term detention. Many aspects of the law remain unclear and there have been reports that some NGOs had been subjected to early scrutiny and penalties. The UK issued guidance for UK-based NGOs and their workers and continued to seek further clarifications from Chinese authorities.

Lawyers were subject to tighter control, and some were detained on national security grounds. Lawyer Wang Yu, detained in relation to the so-called ‘709’ crackdown that began in summer 2015, was released on bail. Chinese media broadcast Wang’s confession and there were reports that she and others remained under surveillance, and could not freely associate with friends and family or talk to the media. The UK regularly and robustly raised these concerns with China, including at the UK-China Human Rights Dialogue.

In August, 4 of those detained in the ‘709’ crackdown on human rights lawyers and activists, Zhai Yanmin, Hu Shigun, Zhou Shifeng and Gou Hongguo, were convicted of crimes relating to state subversion and were sentenced to between 3 and 7 years imprisonment. Media access was controlled, and foreign diplomats and many family members were not allowed to attend the trials. The UK issued a statement and supported several EU statements calling for the release of those convicted and still in detention awaiting trial. Lawyer Li Heping was charged for state subversion but not tried over this period. At the end of this reporting period, approximately 16 lawyers and activists remain in detention, including Jiang Tianyong who disappeared in November. There were reports that some family members of those detained were subjected to harassment, short-term detention and other restrictions on their movement and association. The UK continued to raise these cases, including at the Human Rights Dialogue, People to People Dialogue, Strategic Dialogue and directly with the President of the Supreme People’s Court.

In Guangdong, labour rights activists from NGO Panyu Workers Centre Zeng Feiyang, Meng Han, Zhu Xiaomei and Tang Huanxing received suspended sentences varying from one to 4 years for public order offences. UK and other foreign diplomats were not allowed to attend the trials.

The UK raised concerns with the Chinese, including at the UK-China Human Rights Dialogue. The UK made a statement at the UN Human Rights Council (HRC) in September that urged China to release those detained for peacefully exercising rights guaranteed by the Chinese Constitution and international law. The UK supported a similar statement for Human Rights Day on 10 December, which is not officially marked in China. In October, jailed Chinese Uyghur academic Ilham Tohti was awarded the Martin-Ennals Foundation human rights prize. The UK continued to call for his release.

Specific executions stimulated public debate about the death penalty in China. In November, Jia Jinglong was executed for murdering the official he blamed for the demolition of his house. Sources in state media, social media and the legal community challenged the appropriateness of Jia’s death sentence given mitigating circumstances, such as the abuse he allegedly suffered. In December, the Supreme People’s Court overturned the conviction against Nie Shubin, executed for a murder he did not commit in 1994. The case drew national attention and was considered a milestone by many legal scholars. The UK continued to work in China on death penalty reduction and to call for China to abolish the death penalty.

In October, the National Health and Family Planning Commission (NHFPC) published data and revised guidance for organ donations and transplants. The UK continued to seek greater clarity on organ donation policy and practice from the Chinese authorities. There was much public interest in the UK on organ transplant processes and allegations of organ harvesting. This topic was the subject of a Westminster Hall debate in October.

In September, Draft Revisions to China’s Religious Affairs Regulations were opened for public consultation. The UK submitted comments with the EU. The regulations may allow more religious groups to register with government authorities. However, groups unwilling or unable to submit to strict oversight and bureaucracy risk penalties. In November, a court in Xinjiang upheld a 19-year sentence for state subversion for writer Zhang Haitao, who had commented online about the importance of religion to many Chinese. The UK continued to call on China to safeguard freedom of religion or belief, including in regular statements in Parliament, bilateral meetings, a statement at the September UN Human Rights Council and at the Human Rights Dialogue.

Some of China’s ethnic minority groups were subjected to greater surveillance and restrictions on freedom of movement and assembly. The collection and monitoring of passports was reported in some counties in Xinjiang, where the Chinese authorities were conducting an ongoing counterterrorism operation. There were reports in December that Tashi Rabten was the first Tibetan to self-immolate since March, and that his wife and 2 children were arrested. There were reports in December that 9 Tibetans were handed sentences from 5 to 14 years for actions that ‘split the nation’ after taking part in celebrations for the Dalai Lama’s 80th birthday last year. There were reports of demolitions of homes and buildings around the Larung Gar monasteries in Sichuan. The Chinese government did not allow UK officials to visit the Tibetan Autonomous Region in 2016.