The Asian Federation Against Involuntary Disappearances (AFAD) calls on the government of the People’s Republic of China to immediately surface Cao Shunli, legal rights activist who was barred by authorities to board her plane to Geneva on the 14 September 2013. She was supposed to attend a UN-sponsored international human rights training as well as participate in the Universal Periodic Review of China scheduled on 22 October.

Cao Shunli’s case is a clear example of enforced disappearance, a violation of the United Nations International Convention for the Protection of All Persons From Enforced Disappearance (ICPAPED). As defined in Article 2 of the Convention, the crime of enforced disappearance happens when a person is arrested, detained, abducted or subjected to other forms of deprivation of liberty by agents of the State followed by a refusal to acknowledge the concealment or whereabouts of the disappeared person, placing the person outside the protection of the law.

Based on information gathered, Cao Shunli was last seen passing through the immigration counter at the Beijing International Airport when taken by the guards and questioned. She was with other activists who were supposed to board a flight to Geneva but she was the only one who has not been seen since then. The others were also denied travel but released after the interrogation. The denial of the Foreign Ministry spokesman, Hong Lei (as reported by The Christian Science Monitor) on Friday of the whereabouts of Cao Shunli completes the three constitutive elements of the crime of enforced disappearance – arrest, detention and concealment, thus putting her outside the protection of the law.

The crackdown on dissent in China is increasing as its human rights record is up for scrutiny during the Universal Periodic Review (UPR), a process that according to the UN will remind States of their responsibility to fully respect and implement fundamental rights and freedoms. The UN encourages States to broaden citizens’ participation in their reports.

Activists like Cao Shunli have been protesting and calling on their governments to open the process to public participation that sadly has not been granted. AFAD calls on the government of President Xi Jinping to immediately surface Cao Shunli and stop the continued suppression of the freedom of expression and other civil and political rights of its citizens.

AFAD believes that if the Chinese government continues to conceal the whereabouts of Cao Shunli, such concealment will give the international human rights community more reason to oppose the country’s candidacy for a seat in the Human Rights Council elections in November. Moreover, AFAD appeals to UN-member countries to hold accountable the government of Pres. Xi Jinping for the disappearance of Cao Shunli and the suppression of the freedom of expression among other civil and political rights violations. These acts contradict human rights principles and international norms and must be highlighted in the government’s UPR process and AFAD hopes that States parties to the anti-disappearance treaty will be Cao Shunli’s voice during the UPR of the human rights record and commitments of the People’s Republic of China in November.

Further, AFAD calls on the UN Working Group on Enforced or Involuntary Disappearances (UNWGEID) to fully exercise its mandate and immediately call the attention of the government of Pres. Xi Jinping to investigate the disappearance of Cao Shunli and protect her rights.

Enforced disappearance of human rights defenders and those perceived by the State as its enemies is a prevailing problem in Asia. There is thus more reason for Asian governments, especially those committed to improve their human rights records, to ratify the International Convention for the Protection of All Persons from Enforced Disappearance and recognize the competence of the UN Committee on Enforced Disappearances in order to prevent further cases from happening.

Signed and authenticated by:

MUGIYANTO
Chairperson

MARY AILEEN D. BACALSO
Secretary-General