The following is based on a communication written by the UN Special Rapporteur on Human Rights Defenders and other UN experts to the Government of China on 21 January 2025. The communication remained confidential for 60 days before being made public, giving the Government time to reply. The Government replied on 19 March 2025, which is currently being translated and will be posted on the UN Special Procedures communications database.
Since the communication was sent, the Special Rapporteur on Human Rights Defenders received information that the Kyungchu County People’s Court extended the prison sentence of human rights defender Tsongon Tsering by an additional eight months after he refused to accept the charges against him. Tsogon Tsering was reportedly transferred to a prison in Barkham County and has been denied any contact with family members, who themselves have been subjected to restrictions, surveillance and acts of intimidation.
This is a shorter version of the original communication.
BACKGROUND
Topic: the summoning and interrogation of environmental human rights defender Tsogon Tsering from 15 until 17 October, and his subsequent detention for his protesting of sand mining in Ngaba.
Tsogon Tsering is a 29-year-old environmental human rights defender and resident of Tsaruma Village in Kakhog County, Ngaba, Sichuan Province. He has often led online campaigns advocating for the importance of environmental preservation and is a member of the “Environment Protection Group”, a volunteer-driven initiative with around 50 members who volunteer to clean their local environment. This group has also initiated several efforts to ban single use plastics in their communities.
Concerns regarding arrest and detention of Tibetan human rights defenders was raised in several previous communications sent to the Chinese Government by special procedures mandate holders, including CHN 14/2023, CHN 5/2019 and CHN 12/2016. Special procedures mandate holders also sent a communication to the Chinese Government raising concerns regarding the crackdowns on Tibetan individuals peacefully expressing their opposition to an environmentally harmful project (CHN 8/2024).
ALLEGATIONS
On 14 October 2024, Tsogon Tsering posted a five-minute video on his Kuaishou social media account openly drawing attention to the alleged mining operations conducted by Anhui Xianhe Construction Engineering Company Ltd, in Tsaruma village. This operation, allegedly taking place during road construction works, involves sand mining in the village of Tsaruma, and dredging of the Rdangchu River along the road. It has reportedly caused serious damage to the local ecological environment, with heavy sand mining damaging nearby streams and threatening residential areas. In September 2023, residents of Tsarum filed a lawsuit against Anhui over the damage caused, and the Khyungmchu Dzong Environmental Protection Agency conducted an inspection of the affected areas. No results of the investigation or decision were announced. From October to December 2023, the Tibetans of Tsaruma appealed to the Ngaba Water Department. However, there was no response to the request for clarification.
Mr. Tsering’s video showed him holding his ID card while describing the alleged human rights violations committed in Tsaruma village. This reportedly follows a well-known method for publicly reporting and calling attention to abuses by officials or companies suspected of corruption, bribery, dereliction of duty, and abuse of authority.
After the video was posted, it gained notable traction online. On 15 October 2024, Mr. Tsering and his family were called to the County office, located in Kakhog, Ngaba. They were reportedly kept in the office and interrogated for two days. On 17 October, they were permitted to return home.
On 18 October, Mr. Tsering was summoned again as he was informed that the authorities had additional matters to discuss regarding his case. Once he returned to the country office, he was subsequently detained and remained incommunicado until the 27 October.
On 27 October 2024, a notice regarding the resolution of his case was reportedly sent to his family members. They were notified that the ID information of any individuals attending his trial would be collected. Individuals intending to attend his trial were instructed to send photos of their IDs (front and back) to the County Police Office before their appearance. Upon arriving for the trial the next day, an officer verified attendance by cross-checking the photocopies of the IDs that had been submitted earlier.
As a result of this, many of Mr. Tsering’s relatives reportedly did not attend the trial, due to concerns that the collected ID information could later be misused to deny them access to essential services. On the same day, Mr. Tsering was convicted on the charge of “disrupting social order” and sentenced to eight months in prison by the Kyungchu County People’s Court.
Mr. Tsering is now detained incommunicado, reportedly in Kyungchu County prison. During this time, his social media account on Kuaishou, as well as his complaint videos and messages, have been taken down.
CONCERNS
In the communication, we express our serious concern regarding the detention and the charges brought against Mr. Tsering, seemingly targeting his exercise of freedom of expression and his work protecting the environment. Such actions impact his ability to carry out vital work as a human rights defender, infringes upon his fundamental freedoms, notably his right to free expression, and obstruct his role as a human rights defender protecting the environment. Our concern is elevated by the reported lack of transparency around the process of his summoning, presumed arrest and sentencing, as well as conditions of detention. We are equally perturbed about the lack of information about the physical integrity, safety and well-being of Mr. Tsering, as his whereabouts remain unconfirmed. We wish to recall that, by depriving persons of their liberty, States assume responsibility to care for their life and bodily integrity. Due to this heightened duty of care, States must take any necessary measures to protect the lives of individuals deprived of their liberty. It is also essential that his rights to access to legal counsel, regular contact with his family, and dignified conditions of detention are respected by the Chinese Government.
Furthermore, we are concerned with the prolonged interrogation of the human rights defender’s family members, as well as the information received that authorities would collect the IDs of any individual who attends a trial. Notably, these IDs play a vital role in accessing various daily benefits, such as high school admission and health services, and issues relating to IDs could lead to future consequences, including losing access to these benefits. The collection of IDs creates a deterrence for the public to access courtrooms and monitor the judicial proceeding, thus undermining fair trial guarantees, including the right to a public hearing, and due process safeguards.
We are also notably concerned that the detention and charges against Mr. Tsering, and prolonged interrogation of his family and the information regarding the collection of IDs of any individual attending the trial, seem to be measures that have been adopted in direct retribution for Mr. Tsering’s exercise of his right to freedom of expression and his work to protect the environment.
