UN Human Rights Committee Calls For Repeal of Hong Kong’s National Security Law

The United Nations Human Rights Committee today released its report on Hong Kong’s compliance with its obligations under the International Covenant on Civil and Political Rights (ICCPR), in which it urged the Hong Kong government to repeal the draconian National Security Law (NSL) and refrain from applying it.

The report, which concludes the Human Rights Committee’s periodic review of Hong Kong, noted that since its enactment in 2020, the NSL has reportedly led to the arrests of over 200 people, including 12 children. The Committee concluded that there was a lack of clarity over the definition of the term “national security”, an “overly broad interpretation” of the new law, and the risk that cases could be transferred for investigation, prosecution, trial and execution of penalties to mainland China, which is not a State party to the ICCPR. The NSL, the Committee also noted, was imposed by the National People’s Congress of China without consultation with the Hong Kong public.

The closure of an “excessive number of civil society organisations, such as trade unions and student unions” since the NSL was enacted was raised as a concern. The Committee called on the Hong Kong authorities to refrain from any action to curb freedom of association and ensure that anyone who participated in the UN review will not be prosecuted under the NSL.

The Committee also urged Hong Kong to establish an independent national human rights institution with a mandate and powers to promote and protect human rights, and to “take concrete measures to effectively prevent and eliminate all forms of excessive use of force by law enforcement officers”. In particular, it called for a thorough, impartial investigation into police brutality during the protests between July and November 2019 and to ensure that those responsible are prosecuted. The Committee also urged the Hong Kong authorities to “immediately stop censoring books and materials in the public libraries, including school libraries and reinstate those books and materials that have been removed for allegedly breaching the National Security Law”.

Significantly, the Committee also called on the authorities in Hong Kong to “take concrete steps, with a clear timeline, to introduce universal suffrage”.

Hong Kong Watch, which made a joint submission to the inquiry together with Article 19, welcomes the Committee’s findings and recommendations.

Benedict Rogers, co-founder and Chief Executive of Hong Kong Watch, said:

“We warmly welcome the Committee’s call for the repeal of the draconian National Security Law which has done so much grave damage to Hong Kong and resulted in the dismantling of Hong Kong’s freedoms and autonomy. We also welcome the recommendations for accountability for police brutality, an end to censorship, the creation of an independent human rights body and protection for freedom of assembly and for civil society, as well as the call for universal suffrage.

These findings and recommendations from this important UN Committee serve to once again shine a spotlight on the rapid deterioration of human rights in Hong Kong and provide the international community with clear and specific points on which to press the Chinese and Hong Kong authorities. We must take this report and turn it into a manifesto for action to restore Hong Kong’s freedoms and human rights.”