Mr. Chairman,
Civil and political
rights are important part of human rights. As stated in the
Universal Declaration of Human Rights, only when countries
of the world have created conditions for every one to enjoy
civil and political rights as well as economic, social and
cultural rights, can the mankind achieve its goal of full
enjoyment of human rights and freedoms. In order to achieve
this sacred goal, the Chinese government is, on the one
hand, committed to developing the economy and improve the
living standards of the Chinese people, and on the other, to
promoting and protecting civil and political rights of
Chinese citizens and constantly improving China's democratic
and legal framework. Great successes have been achieved in
this regard as shown in the following
aspects:
First, China has continuously worked
for establishing the rule of law by improving legislation
and enhancing the supervisory role of the people's
congresses. Over the past 50 years, the National People's
Congress (NPC) of China and its Standing Committee have
promulgated over 390 laws and legal decisions; the State
Council have formulated over 800 administrative regulations;
and the local people's congresses have produced over 8,000
local laws and regulations. China has established by now a
fairly comprehensive legal system composed of the
Constitution and its related laws as well as seven broad
categories of laws, namely, civil and commercial laws,
administrative laws, economic laws, social laws, criminal
laws, and procedural and non-procedural laws. In the year
2000 alone, the NPC Standing Committee adopted 14 laws and
accepted 12 bills. The people's congresses have further
enhanced its role of supervision, especially supervision
over law enforcement, which constitutes China's major step
towards establishing the rule of law. Not long ago, the NPC
Standing Committee examined the implementation of the
Criminal Procedural Law across the country and put forward a
series of recommendations on further improving the work of
public security, procuratorial and judicial organs. This has
not only supported the administrative and judicial justice,
but also supervised the work of the law enforcement
institutions. This year, the NPC Standing Committee has
placed the drafting of the law of supervision in its
legislative agenda. Furthermore, it will carry out
supervision over the implementation of the Organizational
Law of Village Committees and other laws so as to further
improve the efficacy of law enforcement and fully guarantee
the rights of Chinese citizens.
Second, China
has been engaged in further deepening its legal system
reform in order to ensure judicial justice and legal
guarantee of human rights. Judicial justice is of paramount
importance. A major guarantee of the enjoyment of civil and
political rights lies in the just and effective law
enforcement. At present, Chinese judicial organs are making
great endeavors to further promote judicial justice and
unify Chinese legal order, with focus on the theme of
enhancing supervision and a just process of law enforcement.
The Chinese procuratorial organs are earnestly exercising
their supervision over civil and criminal as well as
administrative litigation. Last year, they urged public
security organs to file 20,809 cases thanks to their
supervisory procedures and handled 4,626 cases involving
crimes committed by law enforcement personnel. The judicial
organs will strictly follow procedural laws and further
improve the system of burden of proof and legal assistance
procedures so as to ensure that citizens are able to
effectively exercise their rights according to the law.
Efforts have been made to promote transparency in the court
system. Full implementation of the open trial system will be
the focus of present work. Court rulings and decisions will
be published in the media and on the Internet so as to
ensure better supervision by the general public.
Third, freedom of speech is guaranteed by law.
It is clearly stated in the Chinese Constitution that
citizens enjoy the freedom of speech, publication,
gathering, association and demonstrations, and citizens have
the right to criticize and give advise to government
institutions and their staff. The NPC Standing Committee,
all levels of the government and judicial organs have set up
special offices receiving and handling letters and visits of
complaints over the work of the government. The media plays
an important role in expanding the freedom of speech for
citizens. Since the reform started, rapid progress has been
witnessed in the Chinese media and publication. The Chinese
media enjoys a high degree of openness and freedom. Many
newspapers and TV stations run special columns or programs
such as In-depth Visits and Interviews and Legal Discussions
aimed at exposing social evils and exploring solutions to
such evils through legal means. These activities not only
provide a forum for the general public but also play a
supervisory role in China's political life. The Chinese
government has also endeavored to develop the Internet. By
now, China's Internet population has reached over 20 million
and there are over 27,000 worldwide web-sites and over
70,000 Chinese domain names. The rapid development of the
Internet has provided a very good channel for information
and public discourse.
Fourth, freedom of
religious belief is effectively guaranteed. Respecting and
protecting freedom of belief is a long-term policy of the
Chinese government. The government always respects and
protects the freedom of choice of Chinese citizens over
religious belief. This freedom is protected under the
Chinese law. This policy of the government has been well
received by the general public. As a result, there has been
a steady increase of religious believers in China. At
present, there are as many as over 100 million believers of
Bhuddism, Taoism, Islamism, Catholicism and other Christian
religions. China's religious organizations have established
relations with their counterparts in over 70 countries. At
present, more than 17,000 religious personalities are
elected deputies to the people's congress and political
consultative conference at various levels, and they are
playing a positive role in participating political
consultation and decision-making.
Fifth, China
strictly prohibits torture and protects the fundamental
rights and interests of its citizens. The Chinese government
has all along attached importance to the legitimate rights
of the detained persons and strictly prohibits any beating,
physical punishment or torture and these persons are
accorded with humanitarian treatment. All this has been
stipulated in the Chinese laws such as the Criminal law,
Criminal Procedural Law, Prison Law, People's Police Law,
Law on Judges and State Compensation Law. Representatives
from the Working Group on Arbitrary Detention visited
Chinese prisons and detention centers many times and
positively assessed the measures adopted by the Chinese
government towards the detainees. China is a state party to
the International Convention on the Prohibition of Torture
and Other Cruel, Inhuman and Degrading Treatment. Since
China's accession to the Convention, China has earnestly
fulfilled its obligations and presented its implementation
reports. Last May, the Chinese government presented its
third report to the Committee against Torture. The report
also included the review of the implementation of the
Convention in the Hong Kong Special Administrative Region.
The Committee fully acknowledged and praised China's
progress in implementing the Convention, and it held that
China's report was in full conformity with the requests of
the Committee and expressed its satisfaction over China's
serious and cooperative attitude and detailed replies with
high quality.
This year marks the first year
of the China's tenth five-year plan for economic and social
development. During this period, the Chinese government is
determined to continuously implement its strategy of
establishing the rule of law and further improve its legal
system and further institutionalize many aspects of the work
of the government. China's legal reform will be further
deepened to ensure strict law enforcement and judicial
justice. It will establish a system of checks over the
exercise of power and enhance supervision over the operation
of power and institutionalize its effort to build a clean
government. The implementation of these measures marks the
fact that China is entering a new stage in building in full
scale a state based on the rule of law, which will have
major and positive impact on promoting and protecting civil
and political rights of Chinese citizens.
Mr.
Chairman,
Full enjoyment of human rights is a
common ideal cherished by mankind. We are all here today
from different parts of the world with a shared goal of
exploring how to find an effective approach to achieving all
human rights, including civil and political rights, and
learning from each other and making up for each other's
deficiencies. Yet, regrettably, the United States intends to
politicize this sacred forum by making groundless
accusations against the human rights record of other
countries and interfering in the internal affairs of other
countries. As a matter of fact, the human rights record of
the United States is very disturbing, and there are too many
problems to numerate, ranging from spread of handguns to
corruption of the legal system and miserable conditions of
US prisons. But the US government makes no reference to its
own human rights issues while making exclusively groundless
charges against other countries. This arrogant approach
cannot but poison the atmosphere of the Commission on Human
Rights and weaken its role. No justice-upholding countries
will ever accept this American approach. My suggestion to
the US government is as follows: mind your own business,
i.e. the human rights issues faced by your own people, and
start with your own country and try to resolve your own
human rights problems at home.
Mr.
Chairman,
Full realization of human rights is a
progressive historical process. This is also true with the
realization of civil and political rights. In this process,
we should pay attention to the equal treatment of the two
categories of human rights and the balance between rights
and duties. We expect the Commission on Human Rights to play
a greater role in this regard and to engage in a
constructive manner in discussing how to effectively protect
and promote civil and political rights. The Chinese
government is ready, on the basis of equality and mutual
respect, to hold dialogues and exchange views with other
countries to learn from each other and achieve common
progress.
Thank you, Mr. Chairman.
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