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Lawyers’ Rights Watch Canada
Item 3: Interactive Dialogue with the Working Group on Arbitrary Detention
Date: 14 September 2026
Speaker: Harini Sivalingam
Oral Statement to the 63rd Session of the UN Human Rights Council from Lawyers’ Rights Watch Canada, The Law Society of England and Wales, Lawyers for Lawyers, the International Bar Association’s Human Rights Institute, NGOs in special consultative status with endorsement by the Asian Lawyers Network, NGO without consultative status
China’s continued failure to ensure fair trials and protect lawyers
Lawyers’ Rights Watch Canada, The Law Society of England and Wales, Lawyers for Lawyers, and the International Bar Association’s Human Rights Institute, with endorsement by the Asian Lawyers Network, welcome the Working Group’s communications on China, including Hong Kong SAR.
Despite Universal Periodic Review commitments in 2024, China persists in subjecting lawyers to threats; disbarment; arbitrary detention and prosecution; unfair trials; forced exile; transnational repression, incommunicado detention, enforced disappearance; torture and ill-treatment.
The Working Group observed that China’s violations “might indicate a widespread or systemic practice of arbitrary detention,” noting “that States have the obligations: not to engage in acts that could constitute crimes against humanity; to prevent such acts; and, if such acts are committed, to punish those responsible.”
We urge China to:
• Accept the Working Group’s request for a country visit;
• Guarantee fair trials, and access to lawyers of choice;
• Release all lawyers arbitrarily detained in China and Hong Kong SAR; and
• Repeal or amend Hong Kong SAR’s National Security Law and Article 23 legislation; and ensure that laws fulfil international standards.
We call for an update of the OHCHR’s 2022 report on Xinjiang, including assessment of access to fair trials and the ability of lawyers to perform their professional duties freely and independently.
Thank you.
