Written evidence from Christian Solidarity Worldwide (CSW) (CHI0019)

Executive summary

1. Christian Solidarity Worldwide (CSW) is a human rights organisation specialising in freedom of religion or belief for all (FoRB).
2. CSW’s written evidence seeks to draw attention to FoRB-related human rights violations in the People’s Republic of China, and the influence of China at the UN with regards to human rights protection.
3. Recently UK-China relations have significantly developed, but China’s human rights record has worsened. Freedom of expression, rule of law and FoRB are increasingly under attack.
4. Under Xi Jinping, Chinese central government policy has consistently attempted to tighten restrictions on religious organisations and activities, leaving citizens vulnerable to human rights abuses. The Party has strengthened control over religious organisations under the state-sanctioned patriotic associations, while at the same time increasing measures to force unregistered groups to join these associations.
5. Since July 2015 over 300 human rights lawyers and activists and their colleagues have been interrogated, detained and disappeared. The intimidation and arbitrary detention of human rights lawyers has hampered the protection of human rights, including FoRB.
6. There are substantial and credible concerns that as China’s influence on the international stage and at the UN has grown, Chinese engagement with international human rights institutions has hindered attempts to promote human rights around the world. In particular, at the UN Human Rights Council China has opposed country specific mandates and Agenda Item 4 resolutions. Since it became a member of the Human Rights Council in 2006, China has (in the absence of consensus) voted against all resolutions tabled under Item 4.[1]
7. China has also hindered international advocacy efforts in response to what one British diplomat has described as ‘‘probably the worst human rights situation in the world”, that of the Democratic People’s Republic of Korea (DPRK).[2] In particular, the repatriation of North Korean asylum seekers to the DPRK from China puts them at grave risk of severe human rights abuses by the North Korean authorities.
8. CSW recommends that the UK government prioritises the promotion and protection of human rights as a key goal of UK-China relations, not only through the human rights dialogue but through all available channels.
9. CSW calls on the UK government to strongly urge China to set out a clear timetable for ratification of the ICCPR, and to urge them to ensure that all legislation aligns with international standards on the right to FoRB as set out in Article 18 of the ICCPR.
10. CSW calls on the UK government to seek the unconditional release of arbitrarily detained prisoners of conscience, and to raise FoRB-related cases in the UK-China human rights dialogue and through all available channels.
11. CSW recommends that UK diplomatic efforts strongly encourage China to promote, rather than hinder, human rights advocacy on the international stage.      

Introduction

12. Christian Solidarity Worldwide (CSW) is a human rights organisation specialising in freedom of religion or belief for all (FoRB). Working with a variety of partners, CSW monitors the right to FoRB in China within the context of broader human rights protection, and advocates for the right to FoRB for all people in China. This submission focuses on UK engagement with China on human rights, particularly FoRB; it also provides evidence on how China’s engagement with the UN influences human rights advocacy.

The UK's engagement with China on human rights and wider values, including the UK-China Human Rights Dialogue (Term of Reference No. 10)

13. Trade and investment are key Foreign and Commonwealth Office (FCO) priorities in what has been described as a ‘golden era for British-Chinese relations’.[3] The FCO claims that the ‘promotion of British values and respect for human rights’ is a core part of its purpose, and that its current approach to human rights in China is one of engagement.
14. CSW welcomes efforts by the UK to call attention to and condemn human rights violations in China, including the UK’s support for the EU Delegation to China’s statement on Chinese Human Rights Defenders;[4] the UK’s calls for China to safeguard freedom of religion or belief, expressed on 19 September in a statement at the 33rd regular session of the UN Human Rights Council;[5] and the UK’s participation in the joint statement on the human rights situation in China, delivered by US Ambassador to the HRC Keith Harper on 10 March 2016.[6] 
15. However, CSW remains concerned that trade may be being prioritised at the expense of human rights, for example where raising a specific case is seen as putting trade negotiations at risk. CSW further believes that the human rights dialogue and other conversations on human rights must include measurable benchmarks for progress and an ongoing review of specific human rights concerns in the country.
16. There has been a significant deterioration in the human rights situation in China since 2013, including the further erosion of mainstream and social media freedom, and a clampdown on human rights lawyers (see paragraph 29) and civil society organisations.

Freedom of religion or belief (FoRB) in China

17. In this context, FoRB is increasingly restricted in China as a result of the Communist Party of China’s (CPC) policy and local authority repression.
18. Xi Jinping’s government has adopted a number of policies designed to ensure that the CPC maintains control over religious organisations under the state-sanctioned patriotic associations, while at the same time increasing measures to force unregistered groups to join the associations, including unregistered Christian ‘house churches’. The government has also continued and expanded polices to manage and intrusively monitor religious activities in Tibet and Xinjiang, and has continued to detain and imprison members of unregistered organisations labelled as ‘evil cults’.
19. In 2014 the director of China’s State Administration for Religious Affairs told a seminar on the sinicisation of Christianity that “Chinese Christian theology should be compatible with the country’s path of socialism,” and should “adapt to China’s national condition and integrate with Chinese culture.”[7] Related policies have been used to justify an increase in the monitoring and control of Christian religious activities.
20. In early September 2016 a set of draft amendments to the Regulations on Religious Affairs (RRA) were released. The draft adds 26 new articles to the original 48 articles.[8] The control, management and containment of religious activities are themes which run throughout the text. These include: a prohibition on religious professionals ‘organizing, or presiding over unapproved religious activities held outside of religious activity sites’ (Article 70); restrictions on the registration of a religious activity site (Article 20); restrictions on the local autonomy of religious groups (Articles 9 and 11); and regulations on proselytising (Article 44 and 56), and the communicating of religious ideas online (Article 47). Furthermore, clauses designed to protect ‘national security’ are vaguely worded and open to abuse, leaving peaceful religious groups vulnerable to oppression.[9]

Destruction of religious buildings and violations against Christians in Zhejiang Province

21. Since early 2014 the authorities in Zhejiang have removed hundreds of crosses from churches in the province, in some cases destroying part or all of the church at the same time. Some estimates put the total number of churches affected at over 2,000; conservative estimates are between 1,500 and 1,700. Crosses have been removed from both Catholic and Protestant, registered and unregistered churches in the name of a campaign that the authorities say aims to ‘rectify and demolish’ structures which have violated building codes.
22. As part of the tightening of policy in Zhejiang province, in 2015 and early 2016 at least 20 Christians were arrested and detained in connection with their peaceful opposition to the cross removal campaign. Pastor Bao Guohua and his wife Xing Wenxiang received jail sentences of 14 and 12 years respectively for ‘corruption’ and the ‘gathering of people to disturb public order.’[10]

Destruction of religious buildings in Tibet

23. Demolitions and evictions have taken place at Tibetan Buddhist institutes. A ‘renovation’ campaign launched in July 2016 has resulted in the demolition of hundreds of homes at Larung Gar Buddhist institute in Sertar, Sichuan Province. Larung Gar is believed to be one of the largest Buddhist teaching centres in the world, with a population of over 10,000. A demolition order issued by the Chinese authorities details plans to reduce the number of residents to 5,000 by 30 September 2017.[11]
24. Up to 1,000 nuns at another Buddhist institute, Yachen Gar, have also been forced to leave the centre and return to their home towns, following an order by officials.[12]

Marginalisation of ethnic Uyghurs in Xinjiang Province

25. In a June 2013 report on FoRB in Xinjiang, Tibet and Inner Mongolia, CSW noted that Xinjiang is a special case when it comes to application of the law, and a ‘blind spot’ for FoRB. The social, cultural and ethnic rights of Uyghur Muslims are marginalised, and their religious practice is limited. During Ramadan Muslims are subject to varying degrees of restriction on their religious practice.[13]
26. Xinjiang Muslims are particularly vulnerable because the state increasingly views independent religious practice as a potential security threat. Article 27 of the new national security law concerns religion and belief. The legislation approaches religion as a security issue, and follows the launch of a ‘strike hard’ campaign in Xinjiang supposedly aimed at combating religious extremism and other security threats. As part of the campaign, police have raided allegedly illegal religious meetings. In May 2015 Imam Eziz Emet was arrested and later received a nine-year sentence for ‘teaching religion illegally’.[14]

Falun Gong and organ harvesting

27. The largest group classified as a cult is Falun Gong, a spiritual movement which has been banned since 1999. It is widely reported that a task force, the 610 Office, was established specifically to eradicate Falun Gong: adherents outside China continue to report the arrest, imprisonment, torture and death in custody of Falun Gong practitioners.
28. A series of reports released between 2006 and 2016 provide evidence to suggest that Falun Gong practitioners and other prisoners of conscience, including other ethnic and religious minorities, have been victims of forced organ harvesting.[15] CSW is unable to independently verify these reports but is conducting research on this issue.

Violations against human rights lawyers, scholars and activists

29. Since July 2015, across China over 300 human rights lawyers and activists, and their colleagues and family members, have been interrogated, detained and in some cases imprisoned or disappeared. Many of these lawyers have represented clients from religion or belief communities, including Christians from unregistered churches and Falun Gong practitioners.
30. Li Heping is one of the most high profile human rights lawyers in China. He was detained on 10 July 2015 and held incommunicado for six months before being formally accused of subversion of state power. He is currently in pre-trial detention. Since he is being held incommunicado, there is a high risk of torture and ill-treatment.
31. Ilham Tohti is a prominent Uyghur scholar and economist who has written extensively about the discrimination against ethnic Uyghur Muslims in Xinjiang, and restrictions on their social and cultural rights and on their religious practice. On 17 September 2014 Mr Tohti was sentenced to life in prison for separatism, a charge at odds with his adamant rejection of separatism as a solution for Xinjiang.

Conclusion

32. China’s human rights record has worsened in recent years while the relationship between the UK and China has developed significantly. FoRB violations and restrictions have increased considerably.
33. The UK has pledged to “stand up for human rights by working with international bodies and priority countries”, and the FCO has stated that freedom of religion or belief as a human right is “a value that is a key part of the UK’s own heritage”. The UK should therefore prioritise the protection of FoRB when in dialogue with China.[16]
34. If the UK is to be a ‘best friend’ to the Chinese nation, the UK should do everything possible to urge China to end practices and policies which violate citizens’ right to FoRB and other human rights.

China's role in the main international organisations alongside the UK, including the UN Security Council, other UN bodies and organisations, the G20 and WTO (Term of Reference No. 3)

35. The UK is committed to using foreign policy to uphold universal human rights. Chinese foreign policy and action at the UN has obstructed key attempts to improve the protection of human rights in other member states. 
36. China has been an active opponent of country-specific mandates at the UN. Since it first became a member of the Council in 2006, China has (in the absence of consensus) voted against all resolutions tabled under Item 4 (situations that require the Council’s attention).[17] China’s consistent opposition to resolutions undermines the work of the Council and prevents perpetrators of grave human rights violations being held to account.
37. Furthermore, China has voted against resolutions on the question of the death penalty (2014) and peaceful protests (2014), and abstained on votes on resolutions dealing with issues including human rights, democracy and the rule of law (2012, 2015); torture (2009); religious discrimination and its impact on economic, social and cultural rights (2009); and religious intolerance (2007).[18]
38. China is also a member of the Economic and Social Council (ECOSOC) NGO Committee, which is mandated (Council resolution 1996/31) to consider applications from NGOs for consultative status with the ECOSOC. Consultative status enables NGOs to work effectively within the UN structures, delivering statements or organising side-events at the UN Human Rights Council or UN General Assembly. The NGO Committee has denied many human rights NGOs access to the UN by arbitrarily deferring their application. The UN Special Rapporteur on the rights to freedom of peaceful assembly and association, Mr Maina Kiai, has reported the continuous deferrals and questioning of some NGOs by NGO Committee members on several occasions and noted that “Member States and the UN have a legal obligation to strengthen civil society participation in the UN, including by ensuring that people can exercise their rights to freedom of peaceful assembly and of association in multilateral arenas.”

China's foreign and security policies in East Asia and South East Asia, and how these interact with UK policies in the region (Term of Reference No. 6)

39. China has attempted to block discussions on the human rights situation in the Democratic People’s Republic of Korea (DPRK). In a meeting on 10 December 2015, China expressed its opposition to intervention by the Security Council on human rights matters and voted against adopting the agenda on the situation in the DPRK. Peter Wilson, the UK’s representative, remarked that the situation in the DPRK is ‘probably the worst human rights situation in the world’.[19]
40. China forcibly repatriates North Koreans from China back to the DPRK, where they are at grave risk of imprisonment, torture and other human rights violations. China has also blocked the UNHCR from having access to North Korean refugees, and has cooperated with the DPRK to find and deport North Korean nationals.[20]

Recommendations to the United Kingdom

41. Strongly urge China to set out a clear timetable for ratification of the International Covenant on Civil and Political Rights (ICCPR): this should be set out as a benchmark for progress at all human rights dialogues and other bilateral meetings
42. Strongly encourage China to extend protection of the right to FoRB to religions and beliefs not included in the list of five recognised religions, and review registration requirements and all legislation pertaining to religious activities in consultation with religious communities and legal experts to ensure they are in line with Article 18 of the ICCPR
43. Call on China to immediately release all prisoners of conscience detained in connection with their religion or belief, and urge the authorities to fully investigate cases of suspected wrongful imprisonment
44. Encourage China to engage in UN diplomacy more constructively, supporting country-specific mandates in instances when severe human rights violations are occurring
45. Strongly encourage China to support, rather than hinder, advocacy efforts on the human rights situation in the DPRK
46. Urge China to end its policy of forcibly repatriating North Koreans to the DPRK where they are at risk of human rights violations
47. Regularly and thoroughly evaluate the effectiveness of the UK-China human rights dialogue; ensure that dialogues include both clear and specific benchmarks for progress and ‘red lines’ corresponding to serious escalations in human rights abuses; further ensure that each dialogue includes an evaluation of whether the benchmarks have been reached. ‘Red lines’ should be monitored throughout the year, between dialogues, and breaches should be reported immediately
48. Ensure that issues and cases concerning FoRB are raised consistently in high level visits and other bilateral exchanges with China. During high level visits, ensure that China’s human rights record and specific incidents are raised both in public and in private, naming perpetrators where appropriate
49. Strongly encourage the participation of civil society in preparations for bilateral human rights dialogues
50. Advise embassies and delegations in China to develop relationships with registered and unregistered religious leaders and communities
51. Encourage delegations to China, including religious groups, trade delegations and other non-government visitors, to meet and engage with both registered and unregistered religion or belief communities
52. Advise embassies and government delegations to meet the families of prisoners of conscience, and to request visits to prisoners of conscience
53. Encourage and support training for local officials and police on the right to FoRB in international law, and urge China to hold to account any officials whose actions are found to be in violation of the law
54. Continue to monitor cases of religious freedom violations, and meet with lawyers and activists working on relevant cases when it is safe to do so.