Global Signature Campaign:
UN Special Rapporteur on Violence Against Women urged to examine Gender-based Violence Committed by the Hong Kong Police Force in the Anti-Extradition Legislative Amendment Bill Movement
In June 2019, the Anti-Extradition Law Amendment Bill Movement ('Anti-ELAB Movement')¹ broke out in Hong Kong and has been increasing in scale. It has come to our attention that the Hong Kong Police Force (HKPF) have repeatedly committed various forms of gender-based violence against protestors and citizens. Their intention is to silence women through sexual shame and humiliation, at the same time violating women's right to bodily autonomy and the right to attend assemblies, which violates the freedom of expression and freedom of assembly guaranteed by the Basic Law.
An online survey, 'Sexual Victimisation Experience in "Anti-ELAB Movement"', has been launched by the Association Concerning Sexual Violence Against Women (ACSVAW) in August 2019. Up till 30 September, 67 respondents reported to have experienced gender-based violence while participating in the protests, 86% being female and 14% being male. Half of them reported that the perpetrators were police officers.
Officers in the Hong Kong Police Force (HKPF) have been documented to have adopted various means to intimidate female protestors, ranging from verbal assaults to non-consensual contact of private parts. Almost 80% of the respondents claimed that they were verbally assaulted or intimidated by sexually related language; 40% reported that their private parts were touched non-consensually; 18% reported that a frisk or a wall search was conducted by police officers of the opposite sex, which violates the Police General Orders.² Above all, 13.4% reported that they were grabbed with such force that their clothes were dislodged or removed in the process, causing their private parts or underwear to be exposed to the public.³ Four female detainees spoke out to accuse the police of having conducted a full strip search either in the police stations or the court premises. Such strip searches have been criticised as unnecessary and unreasonable.⁴ The question has been raised as to whether the police's main motive is solely that of humiliation.⁵
It is highly difficult to make the HKPF accountable to their brutal acts and gender-based violence. First of all, the HKPF refuse to show their police warrant cards at the protest sites, which makes them unidentifiable. It is impossible for us to lodge any meaningful complaints to the Complaints Against Police Office (CAPO). Second, the only monitoring body, the Independent Police Complaints Council (IPCC), has no powers to investigate into the activities of CAPO; it only has 'advisory and oversight functions to monitor and review'. The IPCC, as noted by the UN Human Rights Committee in its Concluding Observations in 2013, has limited powers and lacks independence.⁶ For the reportable complaints filed with CAPO, only a small percentage of them were classified as substantiated. Between 2010 and 2018, among the cases substantiated by the IPCC, the police responded by referring only 1 criminal case for prosecution, while officers in the majority of cases were only given 'advice'.⁷ Therefore, we urge the Hong Kong Government to establish an Independent Commission of Inquiry to conduct an independent, impartial, effective and prompt investigation into the unlawful use of force by the HKPF, including the gender-based violence.
On 28 August 2019, Hong Kong Women's Coalition on Equal Opportunities organised the Anti-ELAB #MeToo Rally to condemn the sexual violence committed by the police and asked for the setting up of an Independent Commission of Inquiry, more than 30,000 people attended. However, domestic pressures are far from enough. We strongly urge the Special Rapporteur on Violence Against Women to:
Visit Hong Kong to examine the seriousness of gender-based violence committed by the HKPF against the protesters;
Recommend the Hong Kong Government to establish an Independent Commission of Inquiry to conduct impartial investigations.
Cosigned Organisations
Counselling Line for Women and Girls
Gender Alliance for Development Centre
Women's Rights Center
National Tertiary Education Union, Australia
Austrian Women's Shelter Network, AÖF
Canada-Hong Kong Link
Canadian Friends of Hong Kong
Women's Shelters Canada
GreatFire.org
Women's Support and Information Centre
Civil Human Rights Front
Sex and Gender Concern Group, The Chinese University of Hong Kong [email protected]
CREA
Indonesia Feminist
Institute for Women's Empowerment
On Women Indonesia
Solidaritas Perempuan (Women's Solidarity for Human Rights), Indonesia [email protected]
The Institute for Policy Research and Advocacy
D.i.Re: ITALIAN NATIONAL NETWORK OF WOMEN'S SHELTERS
Action Center for Working Women
Asia-Japan Women's Resource Center
ATTAC Japan
Eclipse Rising
Feminist Active documentary Video festa
Friends of RAWA, Japan
Gender Equality Minato
Grief Support Setagaya
Shaberu: stop GBV in University of Waseda
Violence Against Women in War Research Action Center
Women's Active Museum on War and Peace
Women's Network against the Eugenic Protection Law (SOSHIREN)
Women's Committee National Christian Council in Japan
Yokosuka Citizens for Peace (Hikaku Shimin Sengen Undo Yokosuka
DASAN Human Rights Center
KOREA WOMEN'S HOTLINE
Korean House for International Solidarity
Korean Lawyers for Public Interest and Human Rights
MINBYUN- Lawyers for a Democratic Society
National Council of YMCAs of Korea
People's Solidarity for Participatory Democracy (PSPD)
Catholic Human Rights Committee
Democratic Legal Studies Association
Human Rights Movement Space 'Hwal'
Korea Women's Associations United (KWAU)
SARANGBANG Group for Human Rights
National Network to End Violence against Women and Domestic Violence
Network Forum Malta / Women's Rights Foundation
SOS Hotline for Women and Children Victims of Violence
National Collective of Independent Women's Refuges
Institute of Non—discriminative Gender Interrelations/Crisis Centre for Women
Autonomous Women's Center
Fund for Social and Democratic Initiative
Women's research Center for education and communication, Niš
TERRE DES FEMMES Switzerland
Taiwan Association for Human Rights
Taiwan Women's Film Association
Taiwanese Feminist Scholars Association
The Garden of Hope Foundation
Federación de Asociaciones de Mujeres Arena y Laurisilva
Albertine Watch
Standing Together Against Domestic Violence
URU Connect UK
Apna Ghar, Inc. (Our Home)
Association for Nonviolent Communication
Backyard Politics
Global Fund for Women
Women of Color Network, Inc.
Women Wellness Center
(Continuously updating…)
Footnotes
¹ The Movement was triggered by the introduction of the Fugitive Offenders and Mutual Legal Assistance in Criminal Matters Legislation (Amendment) Bill 2019 by the Hong Kong Government. To know more, please go to: https://en.wikipedia.org/wiki/2019_Hong_Kong_protests.
² According to section No. 44-05 'Search of Persons' of Police General Orders, 'An officer shall not conduct a frisk or a wall search of a member of the opposite sex nor may he/she observe or be present during a search of a member of the opposite sex which involves the removal of clothing so as to reveal underwear. In the absence of a woman officer, an officer shall escort a female suspect to a police station or police launch for search by a female officer'.
³ On 4 August, the police tore the skirt and underwear off a young female protester outside Tin Shui Wai Police Station at midnight while arresting her. Even though she requested to put on the skirt, the police barred her from doing so, which seriously violated her dignity. See Kao, Z., 6 August 2019, Taiwan News, 'Hong Kong police tear skirt, underwear off female protester, sparking public wrath', available at: https://www.taiwannews.com.tw/en/news/3759806
⁴ A protestor who gave the pseudonym Ms Lui, who was arrested during a protest, had accused a female officer of conducting an unreasonable full strip search without gloves, and of using a pen to force her to spread her legs, see: https://www.hongkongfp.com/2019/08/23/hong-kong-police-accused-metoo-assault-protester-strip-searched-days-arrest/. Another detainee under the pseudonym Miss Wong also claimed to have been subjected to a full strip search as Miss Lui in an unspecified police station, see: https://hk.news.appledaily.com/local/realtime/article/20190830/59988128. The other two female detainees, who spoke via audio recording at Anti-ELAB #MeToo Rally held on 28 August 2019, claimed to have been conducted full strip search in detention cell at court, see: https://www.hkcnews.com/article/23172/828反送中metoo集會-全裸搜身-羈留室-23172/metoo集會播兩女被捕人錄音%EF%BC%9A法院非密封羈留室內遭全裸搜身.
⁵ A strip search is a practice of searching a person for weapons or other contraband suspected of being hidden on their body or inside their clothing. Since the four detainees' cases did not involve any drugs or prohibited objects, strip search is unnecessary. Instead, it was used to humiliate and insult the detainees only.
⁶ Human Rights Committee, United Nations, 19 April 2013, 'Concluding observations on the third periodic report of Hong Kong, China, adopted by the Committee at its 107th session (11 – 28 March 2013)' , available at: https://www.cmab.gov.hk/doc/en/documents/policy_responsibilities/the_rights_of_the_individuals/Advance_Version_2013_ICCPR_e.pdf
⁷ Hong Kong Free Press, 29 June 2019, 'In full: An open letter to Hong Kong’s leader calling for an investigation into police use of force', available at: https://www.hongkongfp.com/2019/06/29/full-open-letter-hong-kongs-leader-calling-investigation-police-use-force/