Foreign Relations & International Law

China is Getting Better at Undermining Global Human Rights

Thomas E. Kellogg
Wednesday, October 18, 2017, 4:30 PM

On Lawfare's feed at Foreign Policy, I wrote about how China has aggressively undermined key U.N. human rights mechanisms and how the Trump administration is enabling China's efforts. The piece begins:

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On Lawfare's feed at Foreign Policy, I wrote about how China has aggressively undermined key U.N. human rights mechanisms and how the Trump administration is enabling China's efforts. The piece begins:

Since taking office, U.S. President Donald Trump has managed to repeatedly steer the national conversation in all sorts of directions, from the merits of NFL protests to still-unproven allegations that his presidential campaign was wiretapped by the FBI. The national dialogue often lurches from one subject to another, which means that certain key issues are often more or less ignored.

Last month, Human Rights Watch, the leading U.S.-based human rights advocacy organization, released a comprehensive 96-page report on efforts by the Chinese government to manipulate and undercut key United Nations human rights mechanisms, both to shield itself from rights criticism and to protect its friends and allies. (Disclosure: I worked for Human Rights Watch over a decade ago as a researcher and remain a fan of its work.) The report, The Costs of International Advocacy: China’s Interference in United Nations Human Rights Mechanisms, failed to garner much attention, perhaps in part because it was competing against a White House noise machine that is louder than any other in American history.

Whatever the reason, it’s too bad that the report didn’t get more coverage. It tells an important story. For years, Chinese officials have used an array of tools to blunt criticism of its deteriorating human rights record. Most crucially, state security agents regularly warn Chinese activists against working with or even contacting U.N. human rights officials in Geneva. Some have even been detained in order to stop them from traveling to key U.N. meetings. Other activists who have managed to get to Geneva have been punished once they return. These tactics have taken a real toll: Many Chinese activists are reluctant to work with U.N. officials, or with the international nongovernmental organizations that feed information to U.N. bodies. As a result, U.N. experts seeking to review China’s rights record face difficulty in gathering information directly from human rights defenders themselves.


Thomas E. Kellogg is executive director of the Center for Asian Law at Georgetown University Law Center. Prior to this position, he was Director of the East Asia Program at the Open Society Foundations. He was also a lecturer in law at Columbia Law School. At the Open Society Foundations, Kellogg focused most closely on civil society development, legal reform, and human rights. He also oversaw work on a range of other issues, including public health, environmental protection, and media development. Kellogg has written widely on legal reform in China, and has lectured on Chinese law at a number of universities in the United States and China. He has also taught courses on Chinese law at Fordham and Yale Law Schools. Before joining the Open Society Foundations, Kellogg was a Senior Fellow at the China Law Center at Yale Law School. Prior to that, he worked as a researcher in the Asia Division of Human Rights Watch. He is a 2003 graduate of Harvard Law School, where he was Editor-in-Chief of the Harvard Human Rights Journal, and a 1996 graduate of Hamilton College.

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