Committee On Economic, Social And Cultural Rights Considers Reports Of China And Hong Kong And Macao Special Administrative Regions
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Wu Hailong, Permanent Representative of China to the United Nations Office at
During the interactive dialogue, Committee Experts commended the State party for its impressive delegation and expressed admiration for China's achievements in the period under review, particularly in lifting so many people out of poverty, providing nearly universal primary education and improving healthcare facilities. The interactive dialogue covered a large number of areas, including disparities across the country in economic development, as well as corruption, employment rights, protection of human rights defenders and anti-discrimination measures, especially for persons with disabilities. The rights of migrant workers, the situation of ethnic minorities and freedom of religion or belief were also among issues raised.
In concluding remarks,
The delegation of China included representatives of the
The delegation also included representatives of the
Representatives of the
The Committee will next meet in public at
Reports
The Committee is reviewing the second periodic report of China (E/C.12/CHN/2),
Presentation of the Reports
Opening Statement by the Head of the Delegation and Representative of China
WU HAILONG, Permanent Representative of China to the United Nations Office at
A nine-year compulsory education programme was now in place, which covered the entire population. Since 2006 all students covered by the compulsory education programme were absolved of tuition fees and other charges in rural and urban areas in a drive to benefit some 150 million students. Over the past decade, food production rose continuously. A law on food safety, and establishment of the
As part of a mounting effort to address climate change by reducing emissions and conserving energy the Chinese Government had begun to comprehensively tackle air pollution in cities, resulting in a fall in emissions since 2010. Stronger punishments were being applied for pollution, and the quality of drinking water was improving. A national medical insurance system was now in place covering all urban and rural residents. When the H1N1 influenza broke out in 2009, China became the first country to register and produce a vaccine. Control and medical treatment of H7N9 avian influenza was also in place. The Government had set a goal to establish a public cultural service which covered all sectors of society, which was expanding at a rate of 82 per cent per year, and between 2003 and 2011 received investment of
All Chinese citizens were equal before the law and equally enjoyed the rights enshrined in the Covenant. There were laws in place that explicitly prohibited discrimination based on gender, age, disability or any other grounds. Gender equality and women's development were strongly promoted; the average life expectancy of women reached 77.37 years in 2010 and women made up 46 per cent of the working population. The right to education for persons with disabilities was guaranteed, as were measures to facilitate their employment and lift them out of poverty. By 2013 71.9 per cent of children with disabilities were enrolled in school. A national development programme was in place to ensure a decent life for every elderly person. China was a unified multi-ethnic country with a strong system of regional ethnic autonomy. Local ethnic groups were represented at regional and national authority level. Many preferential treatments were given to ethnic minority regions, including on fiscal policy, taxation and school enrolment.
China was actively engaged in international cooperation in the field of human rights, maintaining close relations with
Opening Statement by the Representative of the
Educational reform included an extension of free education to children aged up to 12 years of age, and a new academic structure. The Chinese language education of ethnic minorities was fully supported, which included the provision of the 'Chinese Language Curriculum Second Language Learning Framework' and other resources. Opportunities for broad participation in culture and arts were provided, as well as the development of people's potential for artistic talent. The development of the
Opening Statement by the Representative of the
Introduction and Questions from the Country Rapporteur
However, the Committee did have some issues for concern, the Country Rapporteur said. It was concerned about disparities in the country and its economic development, for example, disparities between rural and urban areas, between east China and the western part, as well as the regions that were inhabited by the numerous minorities living in
The Country Rapporteur asked the delegation how it viewed the relationship between the rights in the Covenant and some civil rights, such as the right to life, the right to associate in a trade union, and the right to a cultural identity that included freedom of religion. He also asked if China planned to turn its signature of the International Covenant on Civil and Political Rights into ratification.
Efforts to establish a national human rights institution were welcomed, but it still fell short of compliance with the Paris Principles. He asked what was being done in that regard, also in
The Committee realized the immense size of China's judiciary, with more than 200,000 judges, the
The Country Rapporteur said corruption was a problem, and even in the judiciary patterns of corruption denigrated the justice system. He thanked the delegation for the information it had provided on how it was combating corruption, which was so harmful to the public interest, and asked for its assessment of the successes as well as obstacles to the effective implementation of the anti-corruption policy.
China had an enormous labour force of approximately 800 million people who had achieved admirable industrial production. As the Government announced in its twelfth five-year Social and Economic Development Plan, it would now like to focus on social and human development, rather than only on economic growth. Could more freedom for workers be part of that agenda? The Committee asked the State party to better respect and protect the rights of human rights defenders, since their activities were often repressed; could the delegation please comment?
The rights of ethnic minorities needed to be better protected, he said. Unemployment among members of ethnic minorities remained high; their access to social services and social security was often limited as they tended to live in rural areas, not cities. What measures were being taken to deal with these issues?
The Country Rapporteur finally raised the Committee's concerns about the fate of migrant workers. In China and the Special Administrative Regions, migrant workers everywhere had poor status in terms of labour rights. They experienced huge problems in getting a residence permit. They were often excluded from the social welfare system, and their children had only limited access to schools and healthcare systems. What was being done to rectify their situation?
Questions from Committee Members
The delegation, which an Expert described as 'powerful', was welcomed. The Expert commented that as the second-largest economy in the world - and since the largest economy,
Another Expert welcomed the significant and impressive delegation and said China was an admirable country, a great and ancient civilization with a long history and a vast population of 1.3 billion, one of the world's largest. It was also admired for its efforts in terms of growth and development. There were, however, still disparities and the fight against poverty remained. Were there plans to make the Covenant directly invokable before courts in
China's international cooperation in the sphere of human rights was raised. China gave aid to more than 120 developing countries in segments including agriculture, education and culture. Furthermore, China had cancelled or reduced the debts of many countries, including the least-developed, with a view to improving their prospects for economic and social development. What results had been achieved in that sphere? Regarding the 2006 Beijing Summit and the Sino-African cooperation forum, the Expert said the Chinese were now getting very involved in
A previous concluding observation by the Committee had asked the State party to widely disseminate the concluding observations among the people, in particular the judiciary, legislature and non-governmental organizations. In what way had China and Special Administrative Regions of
Consultations with non-governmental organizations were welcomed, but the 20 non-governmental organizations consulted was a miniscule amount given the size of the country. Participation of non-governmental organizations in
An Expert expressed disappointment that in China's National Human Rights Action Plan, only two pages were devoted to gender equality and the rights of women. Women were said to hold half the sky - did they really in
The Chinese civilization had left its imprint everywhere in the world. It was a "nation even more ancient than history itself", the Expert quoted the worlds of
China was taking measures to reduce unemployment, and recently completed three years under its First National Plan on Employment Promotion. In hard figures, what had been the result of that national plan? In 2012 a new rural and urban pension insurance scheme was launched, it was the final missing detail in a countrywide system of full pension insurance coverage, the Expert commented. She also asked about disparities in the Hukou social security system.
China ratified the
Response by the Delegation to Questions about China
Regarding the possibility of China acceding to the Optional Protocol regarding individual complaints, a delegate replied that the primary responsibility for implementing the Covenant laws lay with the Government and if a citizen had a complaint he should first turn to the Government. Any violations of a citizen's economic, social and cultural rights would be dealt with by China's legal system which fully met the requirements of the Covenant.
On the economic development of minority communities, a delegate said there was indeed a gap between the two due to historical reasons. The difficulties were mainly between cities and rural areas, and indeed regions. Many preferential measures had been adopted, such as the decision by the central Government to strengthen economic development in ethnic minority regions, bring economic prosperity to the regions and especially target small minority groups. Each of the provinces and five autonomous regions had their own plans, as well as an initiative to 'go west'; these plans were currently being implemented. The eastern provinces were to spend three to five per cent of their total income on supporting the western provinces, as well as other funding sources.
Concerning ethnic groups, a delegate affirmed that all ethnic minorities were equal members of the Chinese nation, and their rights and interests were protected by the State which prohibited any discrimination or repression of ethnic minorities. Many policies had been adopted to implement that principle. For example, in employment much had been done to ensure that ethnic minorities had equal rights, while when appointing senior officials preference was given to candidates from ethnic minorities. Extra support was given to students from minorities when they sat exams. Thanks to efforts of people in
Turning to questions on so-called discrimination on grounds of religion among ethnic minorities in
Persons with disabilities were widely protected and supported by the Chinese Government. It was made clear in the Constitution that all citizens in
A quota had been set on the employment of persons with disabilities. Before 2020 the State party officials at the provincial level must include at least one person with a disability. In recruiting civil servants, if all other factors were equal, preferential treatment must be given to persons with disabilities. Workers must receive equal pay for work of equal value, by law, although there were gaps in practice. Organizations that failed to meet the quota targets were fined.
It was true that there was no comprehensive law against discrimination, and therefore there was no legal definition of discrimination, a delegate said. On reform of the Hukou social security system, such as payments being based on your birthplace, any difficulties or inequalities had now been eradicated, a delegate confirmed. By the end of
Response from the Delegation to Questions about the
A delegate from the
Migrant workers had equal access to State systems including avenues of legal complaint and were entitled to legal aid. Abuse of migrant workers was not tolerated.
On social security payments for the most at-need groups, a delegate said that persons with disabilities received free medical treatment and extra supplementary social security payments. A family allowance payment was given to low-income families, while there were efforts to also tackle inter-generational poverty. Migrant families were also protected, and there were a number of trust funds to support their needs, regardless of their resident status in
China had ratified the Convention relating to the Status of Refugees, and had provided asylum for almost 300,000 Indo-Chinese refugees since 1988. Non-Refoulement claimants were prohibited from taking up any employment in
On migrant workers, a delegate noted that foreign domestic workers in
People from other parts of China, such as the mainland, had to get a special permit to settle in
Questions from the Experts
The Committee had received documented evidence of forced evictions that took place without prior warning, without compensation and without legal recourse, an Expert said. Local authorities complied with developers to deprive local home-owners of their property, the Committee had also been informed. Victims of forced evictions sometimes suffered violence, threats and intimidation. Had any investigations into illegal forced evictions and demolitions taken place? Had any officials been prosecuted for such cases? Was there any statistical data on the number of forced evictions on an annual basis? Would China consider adopting national guidelines for forced evictions based on international standards, and indeed the guidelines set out in the Committee's
Were prior consultations carried out prior to development programmes, particularly on ancestral lands, which affected the lands and rights of ethnic minorities. Did China take into account the existence of ethnic minorities when assessing a project and did they recognize their individual and collective rights, and help them maintain their ethnic identity?
Housing in
China was currently considering domestic violence legislation, an Expert noted. She commented that she attended two international conferences in
In
There was a problem with pre natal sex selection because of boy preference, as well as forced abortion, even in the third trimester. Also, the adoption of Chinese babies by overseas parents was a problem, mostly 100 per cent girls. Were there any measures to manage these problems?
An Expert asked if there was a cross-cutting, comprehensive programme to combat poverty. The national health insurance system to cover all Chinese citizens was commendable, but did it also cover migrant workers and ethnic minorities?
Water pollution was a problem that impacted many rights, including people's right to health. The Government was taking welcome measures to control industrial pollution discharged into rivers and lakes, the Expert noted. There was an ongoing plan to divert river waters from southern China to northern China, he also said. Had an environmental impact assessment been conducted to study what the impact of that diversion plan would be on the quality of water, and health in affected areas?
On food security, an Expert asked about food price adjustment mechanisms in which the Government appeared to give full freedom to market mechanisms when setting food prices.
In China there was reported to be an entire city which had been made to house low and medium income families. Many cities around the world had areas devoted to low income housing, even here in
China had moved away from a policy of neglect of people living with HIV/AIDS to vitally moving to believe it was a key problem that had to be addressed through interventions, which was commendable. However, very often people who carried that disease faced stigma and discrimination. The anti-stigma Government campaigns and healthcare access for persons with HIV were well noted, but what was also being done to change stereotypes and tackle the discrimination? An Expert asked if there was any legislation on territorial integrity and autonomy, did it cover cultural and territorial self-determination? The protection of intellectual property rights was raised, particularly in universities. On the
What was being done about the gender pay gap? What about the expense of childcare for working parents and the lack of State options?
Response from Delegation
Recent proposals to more directly tax the income of the wealthiest members of society and therefore redistribute wealth were outlined, which included further reducing the wage gap, which had already dropped to around three per cent. China guaranteed the principle of equal pay for equal work of equal value, a delegate said in response to a question about the gender pay gap. Speaking about trade unions and the right to strike, a delegate spoke of the 'non-right to strike' and said in
Measures to establish a combination of public and non-public kindergartens was in place to increase coverage for childcare. Special measures were also being taken to improve pre-school education in rural areas, especially for orphans, children with special educational needs and children from impoverished families.
There had been extreme cases of forced evictions, when developers had violated laws and regulations, a delegate said. Now that the laws and stipulations had been strengthened and a series of compensation and relief measures had been introduced, it was hoped that cases would decrease. Evicted persons could seek legal remedies through the courts.
Forced abortion was prohibited by the Family Planning Law, which also stipulated that sex-selection practices or abortions were also illegal. After many years of efforts, the trend of the high ratio of baby boys was showing a decline. The Law on Adoption allowed foreigners to adopt children. In 2013 some 2,000 cases of foreign adoptions took place, and China was party to the
A delegate spoke about pilot initiatives to divert rivers from south to north in order to increase the provision of clean water, which had shown an increase in water capacity. A comprehensive assessment took place which showed that ecological problems could be avoided if certain measures were taken, such as the replenishment of water in lakes and the protection of underground water reservoirs.
Three surveys had been carried out to identify the different ethnic minority groups in order to better respect their culture, way of life and traditions. China had a system of ethnic regional autonomy, a basic political situation that allowed extensive rights in political, economic and cultural fields for local Governments. For example, the regions could choose their own economic development projects, and decide how their schools were run and choose their own curriculum and enrolment systems. Joint prosperity of all ethnic groups was encouraged, and remarkable progress had been achieved. Among 55 ethnic minorities, 53 had their own languages and the other two had written scripture. Some 10,000 schools used ethnic minority languages in teaching, and traditional medicine was available. In
Concluding Remarks
WU HAILONG, Permanent Representative of China to the United Nations Office at
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