Background

On 26 September 2014, the Human Rights Council adopted resolution 27/21 and Corr.1 on human rights and unilateral coercive measures. The resolution stresses that unilateral coercive measures and legislation are contrary to international law, international humanitarian law, the Charter and the norms and principles governing peaceful relations among States, and highlights that on long-term, these measures may result in social problems and raise humanitarian concerns in the States targeted. Highlighting the deep-rooted problems and grievances within the international system and in order to ensure multilateralism, mutual respect and the peaceful settlement of disputes, the Human Rights Council decided to create the mandate of the Special Rapporteur on the negative impact of unilateral coercive measures on the enjoyment of human rights.

In order to gather first-hand information related to the negative impact of unilateral coercive measures on the enjoyment of human rights in specific countries, to effectively conduct an assessment and evaluation of such measures and to formulate relevant recommendations and guidelines on means to mitigate or eliminate their observed impact, the Special Rapporteur undertakes country visits, upon invitation of the concerned Governments.

Objective

The purpose of this call is to inform the Special Rapporteur’s country visit to the People’s Republic of China, which will take place from 6 to 17 May 2024.

The visit will examine, in a spirit of co-operation and dialogue, whether and to what extent the adoption, maintenance or implementation of unilateral sanctions impedes the full realization of the rights set forth in the Universal Declaration of Human Rights and other international human rights instruments, including the right of individuals and peoples to development (cfr. A/HRC/RES/27/21, OP.1).

 During the visit, the Special Rapporteur will meet with various stakeholders in the capital Beijing and in other regions. She will hold meetings with governmental representatives and institutions, with United Nations agencies and other international organisations, as well as with financial institutions and representatives of the diplomatic community present in the country. She will also meet with representatives of civil society, associations, humanitarian actors, and businesses, whose activities may have been affected by unilateral coercive measures, as well as with lawyers and academics with specific expertise in this area.

The Special Rapporteur will present her conclusions and recommendations in a report that she will submit to the 57th Session of the Human Rights Council in September 2024. 

Key questions and input sought

While all submissions are welcome, and the below is by no means exhaustive, the Special Rapporteur would be grateful to receive input as a response to the following questions:

1. What specific human rights are affected by unilateral coercive measures imposed against China, Chinese companies or nationals? Please provide examples of violations of particular rights by such measures.
2. Please provide detailed information on the current framework of sanctions regimes against China, and the areas/sectors/entities most affected by such measures
3. What types of sanctions have the most negative impact on the enjoyment of human rights in China?
4. What categories of population are affected by unilateral sanctions in China the most? Please, provide examples.
5. 5. How does the application of unilateral sanctions affect the employment situation in China in various sectors?
6. Please provide information on the impact of unilateral sanctions on social protections programmes, including for vulnerable populations, such as the poor, older persons, persons with disabilities, persons suffering from chronic and rare diseases, and others.
7. Please provide information on the particular impact of unilateral sanctions on women and children.
8. Please provide information the impact of unilateral sanctions and other sanctions-related restrictions on the right to health.
9. Please provide information on the impact of unilateral sanctions and other sanctions-related restrictions on the right to education and international academic and professional cooperation.
10. Please provide information on the impact of unilateral sanctions and other sanctions-related restrictions on the right to development and the realisation of the SDGs and their specific targets.
11. Please, provide information on the impact of secondary sanctions, criminal and civil penalties on the rights of citizens and residents of China.
12. Please, provide information on the de-risking policies of Chinese residents, and third country residents towards China in the face of unilateral sanctions worldwide.
13. Please, provide information how unilateral coercive measures against third countries/ third country nationals have affected human rights in China.
14. What measures have been taken by the Government of China to mitigate the adverse effects of unilateral sanctions? Please provide information on specific measures, including relevant legislation, social support programmes, initiatives towards economic restructuring, changes in trade policies and others.
15. How is the private sector in China affected by the imposition of unilateral sanctions? What are the most affected sectors? Please provide relevant information and statistics.
16. Please provide information on the imposition of secondary sanctions against Chinese entities and individuals for alleged violations/circumvention of primary sanctions imposed against foreign countries, entities or individuals. Please describe the context and the types of Chinese entities affected.
17. Please provide information on any cases brought before judicial, adjudication, and dispute settlement bodies to seek redress for the imposition of primary or secondary sanctions against Chinese individuals or entities. Please describe any challenges during such procedures.
18. Please provide additional information on individuals, entities and organisations with whom the Special Rapporteur should meet during her country visit in the People’s Republic of China.

How inputs will be used

The submitted information will be reviewed and considered by the Special Rapporteur for the preparation of the country visit report, which will be presented to the Human Rights Council in September 2024. While the information provided will be used, in consultation with the sources, the sources will remain confidential should they so request.