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Foreword
In November 1991 the
Chinese government published the white book Human Rights in
China, which made clear to the international community
China's basic position and practice on human rights. In the
last four years the cause of human rights in China has seen
new progress.
The four years since 1991 marked
an important historical period for the overall
implementation of the Eighth Five-Year Plan for National
Economic and Social Development. National economic and
social development in China has advanced by leaps and
bounds. The plan to quadruple the 1980 GNP by 2000 was
realized ahead of schedule in 1995. The Chinese people's
life has improved greatly, and they are working hard to
achieve a comfortable life. Today political stability,
economic development and social progress are characteristics
of China's new social order, along with ethnic unity,
domestic harmony and a continually rising standard of
living, thereby demonstrating the overall improvement in
human rights. Practice has proved that it suits China's
conditions and the basic interests of all the Chinese people
to give priority to the people's right to existence and
development and improve the situation of human rights in an
all-round way under circumstances of reform, development and
stability. This has won worldwide
recognition.
In the last four years China has
actively safeguarded the aim and principle of promoting
human rights and basic freedoms set forth in the United
Nations Charter and firmly opposed some countries' hegemonic
acts of using a double standard for the human rights of
other countries, especially developing countries, and
imposing their own pattern on others, or interfering in the
internal affairs of other countries by using "human
rights" as a pretext. China's principled stand on human
rights has won support from many countries of the world.
China has made effective efforts in maintaining world peace
and promoting the healthy development of international human
rights.
Though great achievements have been
made in the last four years in promoting the development of
human rights in China, some human rights situations are not
so satisfactory because of the limitations of history and
level of development. It is still a long-term task for the
Chinese people and government to safeguard and promote the
development of human rights and improve the human rights
situation for all the people.
I.
People's Right to Existence and Development China is a
developing country with a population of 1.2 billion and
relatively poor per-capita resources. It suffered foreign
invasion, exploitation and oppression for a long time. The
right to exist and develop thus historically became the
urgent demand of the Chinese people. Since 1991, by firmly
upholding economic construction as the central task, the
Chinese government has pursued the basic policy of
continually improving the people's right to existence and
development on the basis of economic development. Its
achievements in this respect have attracted worldwide
attention.
From 1991 to 1994 China's economy
increased at an average annual rate of 12.2 percent, much
higher than the world's average annual rate of 1.9 percent.
The sustained, quick and healthy growth of China's economy
has raised the level of China's overall social development
and conspicuously improved the right to existence and
development of the Chinese people.
The incomes
of both rural and urban residents have increased steadily.
The per-capita income for living expenses of urban
households increased to 3,179 yuan in 1994 from 1,387 yuan
in 1990; after deducting the price-rise factor the actual
increase was 38.3 percent, an average annual increase rate
of 8.4 percent. The per-capita income for living expenses of
rural households increased to 1,221 yuan from 686, and after
deducting the price-rise factor the actual increase was 18.2
percent, an average annual increase rate of 4.3 percent. The
balance of deposits of rural and urban residents increased
to 2,151.9 billion yuan at the end of 1994 from 703.4
billion yuan at the end of 1990, a more than three-fold
increase in four years.
China's urban residents
are close to living a comfortable life according to their
level of consumption. The proportion of food expenses in
consumption outlay (the Engel coefficient) dropped to 50.0
percent in 1994 from 54.2 percent in 1990. The proportion of
meat, poultry, eggs and milk increased greatly in the food
structure. The purchase of durable goods by urban residents
showed an obvious increase--86 color TV sets per 100
households (an increase of 27 sets over 1990), 30
black-and-white TV sets per 100 households (22 sets less
than 1990), and 62 refrigerators per 100 households (an
increase of 20 refrigerators over 1990). The per-capita
living area reached 7.8 square meters in urban households
and 61.7 percent of the households were using gas. Clothes
bought by each person in 1994 increased 2.6 times on the
average over 1990.
The majority of rural
residents have enough food and clothing and their
consumption patterns have tended to optimize. Food expenses
dropped to 58.8 percent of the consumption expenditure (the
Engel coefficient) in 1994. At the same time, the
consumption of durable goods increased greatly in the
countryside. The average number of TV sets was 75.3 per 100
households, tape recorders 26, and washing machines 15 in
rural areas in 1994; the average per-capita living area was
20.2 square meters in the countryside.
Owing to
improvement in the quality of life, the mortality rate of
the Chinese people dropped to 6.49 per 1,000 in 1994 from
6.67 per 1,000 in 1990, two or more per thousand points
lower than some developed Western
countries.
Though China's economy has developed
rapidly and the people's living standard has improved
markedly, the overall level of China's economic development
still has a long way to go compared with some developed
Western countries. According to data issued by the World
Bank on September 17, 1995, China was, in terms of wealth,
the 31st from the bottom in a list of 192 countries and
regions in the world. The estimated average per-capita
wealth was only US$ 6,600. There is also unequal economic
development between China's eastern coastal areas and its
central and western areas because of natural conditions and
historical reasons.
China's basic principle for
developing a socialist economy is that consideration be
given to both efficiency and fairness. While some areas and
some people become rich first, they are encouraged to help
poor areas and people get rich, so that all the people in
the country will ultimately become rich and prosperous.
Therefore, the Chinese government has always attached great
importance to helping the central and western areas develop
their economy, raise the living standard of the people, and
actively help the poor people get rid of
poverty.
Since 1991 the Chinese government and
people have exerted unremitting effort to solve the problem
of food and clothing for poor people. By the end of 1994
another 15 million people were lifted out of poverty,
reducing the number of poor people from 85 million in 1990
to 70 million, and the proportion of poor people in the
rural population was reduced from 10.1 percent to 8.2
percent. In the last few years, production and the living
conditions and infrastructure in the still poor areas have
improved greatly.
In order to support the work
of aiding the poor, the Central Government allocated a total
of 30.58 billion yuan from 1991 to 1994 to help poor areas.
The state helped poor areas build an infrastructure of
water, electricity and roads, improve the ecological
environment and basic production and living conditions, and
build stable and high-yield farmland despite drought or
excessive rain. Statistics show that in 1994, 9.96 million
mu of farmland and 13.71 million mu of cash crop land had
been added in 592 poor counties where major help had been
provided. At the same time, drinking water for 7.18 million
people had been provided, 20,285 kilometers of highway had
been built, 32,596 kilometers of new transmission lines had
been installed, and 2,166 primary schools and 617 clinics
had been built in these counties. Various circles and
people's organizations in China have played an active part
in aiding the poor in different ways.
Even so,
the work of aiding the poor in China is still a long-term
and arduous task. At present, 70 million people do not have
enough food and clothing. Most of them are living deep in
the mountains, in karst, desolate, high and cold areas, and
in loess plateau regions in central and western China, and
in areas where endemic diseases rage. To get rid of poverty,
more than 5 million of them have to move to other places.
More must be done to help these people get away from
poverty. More arduous tasks confront us. To tackle this
question, the Chinese government drew up a plan in March
1994 and decided from that year to concentrate manpower and
material and financial resources and to mobilize people from
various circles in the society to solve the food and
clothing problems for the 70 million people by the end of
this century, thereby improving their basic human
rights.
At present, China is drawing up the
Ninth Five-Year Plan for National Economic and Social
Development and a long-range objective for 2010. It plans
to-quadruple the 1980 per capita GNP and ensure that people
have enough food and clothing and live a comparatively
comfortable life by 2000, even though China's population
will by then have increased by about 300 million over that
of 1980. By 2010 the GNP will have doubled that of 2000 and
-the people will be well off. Implementation of the Ninth
Five-Year Plan and the 2010 long-range objective will enable
the Chinese people to realize their right to existence and
development on a higher level and broader scope than
before.
II. Civil and Political
Rights While paying great attention to the people's
right to existence and development, China has also laid
stress on ensuring that its citizens enjoy various civil and
political rights according to law and that socialist
democratic politics be practised and developed. That is an
important reason why China's economy has developed
rapidly. All power in China belongs to the people.
This is the nucleus and basic principle of China's state
system and also the essence of socialist democracy in China.
The National People's Congress and people's congresses at
various levels are the organs whereby the people exercise
state power. Deputies to people's congresses at
various levels total 3.65 million and are all democratically
elected. China's Constitution stipulates that all citizens
of the People's Republic of China who have reached the age
of 18 have the right to vote and stand for election,
regardless of nationality, race, sex,. occupation, family
background, religious belief, education, property status, or
length of residence, except persons deprived of their
political rights according to law. In line with China's
conditions, deputies to the people's congresses of counties
and townships are elected directly by the people, and
deputies to the NPC and people's congresses of provinces,
autonomous regions and municipalities directly under the
Central Government are elected by people's congresses at a
lower level. By the end of 1993, elections for the new
session had taken place in accordance with the law in 2,897
counties (including cities without districts and districts
directly under the cities) and 48,172 townships,
ethnic-group townships and towns. According to statistics,
people having the right to vote and to stand for election
accounted for 99.97 percent of the number of citizens 18
years old or above, and the number of registered voters
accounted for 99.3 percent of the total population aged 18
or above. Elections in China are not controlled by money,
and candidates trusted by the people are elected after free
consultation and discussion and by secret ballot.
Multicandidate elections are practised in China. Voters
showed high political enthusiasm and the voting rate reached
93.58 percent throughout the country.
Deputies
to the National People's Congress and people's congresses at
various levels are persons who have made contributions to
the state and society or have served the people in an
outstanding way. As they come from various ethnic groups and
circles in the country, they are representatives of the
broad masses of people. Of the 2,978 deputies elected in
1993 to the Eighth National People's Congress, 11. 15
percent were workers, 9.4 percent peasants, 21.8 percent
intellectuals, and 19.21 percent personages from democratic
parties and non-party personages. Women accounted for 21.03
percent of the total deputies, and ethnic minority deputies
accounted for 14.7 percent. Thus, all 56 ethnic groups in
the country have their own
representatives.
Deputies to the people's
congresses, representing people of every profession and
social stratum, exercise state power and are responsible to
the people and supervised by the people. Voters or electoral
units have the right to recall their deputies. Any citizen
or unit may demand the recall of deputies who break the law,
violate discipline or seriously neglect their duty. This is
totally different from some Western countries, where elected
parliament members are not supervised by the people and
voters do not have the right to recall them. In February
1995 the NPC Standing Committee amended the Electoral Law
for National People's Congress and People's Congresses at
Local Levels and the Organic Law of the Local People's
Congresses and Local People's Governments, thereby further
perfecting the electoral and recall systems for people's
deputies. This is an important guarantee for the people and
deputies to the people's congresses to earnestly exercise
democratic power, be masters of the country and run the
state. As the supreme organ of state power, the
National People's Congress has the power to make decisions
on state policies and principles, enact basic statutes and
elect and supervise state administrative, judicial and
procuratorial organs. The National People's Congress meets
once a year to listen to and examine the work reports
submitted by the State Council, the Supreme People's Court
and the Supreme People's Procuratorate and to examine and
approve plans for the national economy and social
development as well as the yearly state budget. The Standing
Committee of the National People's Congress meets once every
two months, supervises the enforcement of the Constitution,
enacts and amends statutes, listens to and examines the work
reports from various departments, and appoints and removes
state functionaries. Three yearly sessions of the Eighth
~NPC have been held, and the state principles, policies and
plans decided and statutes adopted by the sessions have
embodied the people's will and interests, thus arousing
their enthusiasm and ensuring the sustained fast development
of the national economy and social
progress.
People's congresses at various levels
and their standing committees have paid great attention to
ensuring the rights of the deputies. State organs and
relevant departments at various levels have to make direct
replies within a prescribed time to the deputies with regard
to their opinions and suggestions formally put forward at
the sessions. During the Second Session of the Eighth
National People's Congress, held in 1994, 2,401 suggestions
and opinions were put forward, and about 17.9 percent of the
problems raised by the deputies have been solved completely
or basically, and 48.2 percent are being solved or under
consideration. The National People's Congress hears opinions
and receives demands directly from visiting people or
through letters. During the Third Session of the Eighth
National People's Congress, held in 1995, 41,630 letters
from the masses and 202 visitors were received. The NPC
Secretariat handled the letters and received the visitors,
and urged relevant departments and local governments to
solve urgent problems, and address cases in which people had
been wronged, misjudged or framed. Thus the rights and
interests of the people have been safeguarded and close
relations have been established between the people and state
organs.
Multi-party cooperation and political
consultation under the leadership of the Chinese Communist
Party is an important component of China's people's
democratic system with the people as masters of the country.
The Chinese People's Political Consultative Conference is a
united front organization, made up of delegates from the
Communist Party and the democratic parties and personages
from non-party and mass organizations. At present, China has
480,000 members of political consultative conferences at
various levels, among whom 2,099 are CPPCC National
Committee members. Among the Eighth CPPCC National Committee
members, 839 are Communist Party members, accounting for
39.97 percent, 642 are members of democratic parties,
accounting for 30.59 percent, and 618 are non-party
democrats, accounting for 29.44 percent. There are 293 women
members, accounting for 13.96 percent, and 243 members are
from ethnic groups, accounting for 11.58 percent. The CPPCC
members come from all walks of life, including experienced
political activists, well-known figures from various walks
of life, and experts and scholars in various fields. Using
their rich experience, knowledge and influence, they join
CPPCC organizations on behalf of various circles, take part
in state and social affairs, and participate in the
consultation, discussion and democratic supervision of
important state decisions. The CPC Central Committee and the
State Council set great store by the opinions and
suggestions made by these members and many of these have
been accepted. After investigation and research they made
many important proposals during the Eighth CPPCC National
Conference. In particular, the Suggestions on Strengthening
Macro Regulation and Bringing Down Inflation, which was
accepted by the State Council, has played an active part in
strengthening macro-regulation with effective measures and
ensuring the sustained, rapid and healthy development of the
national economy.
During the first and second
sessions of the Eighth CPPCC National Conference, 4,032
proposals were offered on state policies and principles and
people's life; 3,940, or more than 97 percent, of the
problems have been settled.
There are eight
democratic parties in China. They are not parties in power,
but they participate in government and political affairs.
The Chinese Communist Party upholds the principle of
long-term coexistence, mutual supervision, sincere'
treatment with each other and the sharing of weal or woe in
its relations with China's other democratic parties.
Consultations and exchanges of views precede important
decisions made by the CPC Central Committee and the State
Council. Many members of the democratic parties hold leading
posts in state organs, administrative and judicial
departments. The present vice-president of the state and
eight out of the nineteen vice-chairmen of the NPC Standing
Committee are members of democratic parties. In 1994 the
democratic parties submitted 28 important proposals which
received the close attention of the CPC Central Committee
and the State Council. Some of the proposals were accepted
and others are under consideration.
In recent
years China's democratic construction at the grass-roots
level has achieved remarkable results. By the end of 1994
more than 100,000 urban neighborhood committees had been set
up, and more than one million village committees had been
elected by secret ballot in the countryside. These urban
neighborhood committees and village committees are
grass-roots mass self-government organizations. They handle
public affairs and public welfare, mediate disputes among
people, help safeguard the social order and transmit
opinions, demands and suggestions to the people's
governments. A system of village meetings, where important
things are decided by the villagers, has been set up in half
the village committees. The masses of urban and rural people
are organized in line with democratic principles, and they
practise self-management, self-education, self-service and
direct democracy. This is an important progress in China's
socialist democratic political system.
The
Administrative Procedural Law, put into effect on October 1,
1990, is an important law ensuring people's civil rights. It
stipulates that citizens, legal persons, and other
organizations may start legal proceedings against
administrative organs and their staff when their legal
rights and interests are infringed upon by specific
administrative actions of these organs and persons. People
consider the Administrative Procedural Law as a "law
for people to lodge a complaint against
officials."
To ensure implementation of
the Administrative Procedural Law, the State Council issued
a Notice on Implementing the Administrative Procedural Law
and required that all departments under the State Council
and local people's governments at different levels actively
cooperate with people's courts to strictly enforce laws. The
State Council also promulgated the Administrative
Reconsideration Regulations as a complementary law and
regulations for the implementation of the Administrative
Procedural Law. Study classes for the Administrative
Procedural Law have been organized by many administrative
organs.
In accordance with the stipulations of
this law, the system of social organizations supporting
citizens to file suit and ensuring that citizens can lodge
appeals have been established. The social organizations are
legal representatives when they are entrusted, and citizens
can exercise their right to lodge appeals with the support
of the social organizations.
For the
convenience of citizens, the Supreme People's Court has
stipulated that if litigants have financial difficulties,
their litigation costs may be paid later or partially, or be
exempted.
According to statistics, from January
1990 to December 1994 people's courts at various levels
accepted 167,882 cases, including first and second trials as
well as trials and supervision of administrative cases,
involving more than 40 administrative realms, such as public
security and the reallocation of land. The majority of these
cases were related to basic civil rights and some of them
involved rights of the person and property rights. Among the
plaintiffs were peasants, workers, and intellectuals, and
the defendants included departments of county and city
governments and central and state organs. Since the
implementation of the Administrative Procedural Law
two-thirds of the cases have ended in a change of the
original decision made by the administrative
organs.
In order to help the citizens
understand the law, gain knowledge of how to protect their
legal rights and interests through legal procedure, and
strengthen their concept of the legal system, various kinds
of activities, such as performances, knowledge competitions
and consultations by specialists, have been organized by
relevant departments through TV, radio, newspapers and
magazines.
In May 1994 the State Compensation
Law was worked out. This law stipulates that if the legal
rights and interests of citizens are infringed upon by state
organs and their staff in exercising their functions and
powers, the aggrieved persons have the right to get state
compensation in accordance with the law. At present,
compensation committees have been established in the
intermediate people's courts and above, and they ~haV6
started to accept compensation cases.
Freedom
of speech, of the press, assembly, association, marching and
demonstration is guaranteed. The development of the press
and publishing has provided favorable conditions for
ensuring citizens' freedom of speech and the press.
Newspapers have increased in number, from 1,444 in 1990 to
2,202 in 1995 in China, and magazines have increased to
8,135 from 5,751. At the same time, radio stations have
increased to 1,210 in 1995 from 635 in 1990, and TV stations
to 980 from 509. At present, the number of cable TV stations
has reached 1,200 and there are 54,084 ground satellite
stations. People own 250 million TV sets and the population
covered by television has risen to 88.3 percent today from
79.4 percent in 1990. Publishing houses increased to 514 in.
1994 in China, an increase of 11 percent over 1990, and
103,836 book titles were published, an increase of 29.4
percent over 1990. China's media have over the years
maintained close ties with the people and are geared to
practical life, bringing their supervisory function into
play. Through the media, the people freely express their
opinions,. put forward criticisms and suggestions, and
discuss all kinds of, questions related to the state and
society. Many newspaper columns and radio and television
programs are greatly welcomed by the people. The number of
social organizations has, also increased. By the end of
April 1995, statistics showed that 1,737 national social
organizations had been registered and established, an
increase of 44.7 percent over 1990, and 200,000 social
organizations at and above the county level, registered in
departments of civil affairs, had been set up, an increase
of 11 I percent over 1990. These organizations decide on
their own activities within the limits permitted by the
Constitution and law. The All-China Federation of Trade
Unions, All-China Women's Federation and All-China Youth
Federation are the three largest mass organizations with
branches all over the country. They keep close contact with
and unite women, youth and workers and staff, participate in
state and local political activities, coordinate social and
public affairs and safeguard the legal rights and interests
of women, youth and workers and staff. They play a great
role and enjoy high social prestige in
China.
Freedom of religious belief in China is
guaranteed by law. Normal activities of different religions
can be carried out in China according to their rights
prescribed by the Constitution and law. Buddhism and Taoism
are comparatively widespread in China, but statistics of the
number of their devotees are not available. There are now
over 9,500 Buddhist temples and monasteries with about
170,000 monks and nuns in the country. There are over 6,000
Taoist priests and nuns who live in the temples, with more
than 600 temples and monasteries open to the public. There
are about 17 million Muslims and more than 26,000 mosques,
about 4 million Catholics, including 2,700 clergymen, and
4,000 Catholic churches, about 6.5 million Christians or
Protestants, including 18,000 missionaries, 8,000 churches
and 20,000 simply equipped meeting places in China. China
now has 2,000 religious social organizations and 48
religious schools and colleges. Religious scriptures, books
and magazines are published by various religions. China's
Constitution stipulates that the state protects normal
religious activities. No one may make use of religion to
engage in activities that disrupt public order, impair the
health of citizens or interfere with the educational system
of the state. In order to ensure that citizens really enjoy
the freedom of religious belief, religious bodies and
religious affairs are not subject to any foreign
domination.
III. Judicial Work in Safeguarding
Human Rights In recent years China has promulgated and
put into effect the Police Law, the Public Procurators Law,
the Judges Law, the Prison Law and a series of other laws.
In addition, many other measures have been taken to further
strengthen judicial work in safeguarding human
rights.
"People's police work for the
people." This is a popular saying among the Chinese
people. In order to standardize the conduct of the people's
police in safeguarding human rights, China promulgated and
implemented the Police Law in February 1995. It stipulates
that the police enforce the law strictly to effectively
safeguard the security of the people and give timely help
and assistance to citizens whose personal safety and that of
their property are infringed upon; it strictly forbids the
police to unlawfully deprive citizens of or curtail their
freedom of person; the police, while performing their
duties, must accept the supervision of society and its
citizens; citizens have the right to report to the
department concerned and bring a charge against police who
have acted against the law and discipline. As a result of
implementing the law, relations between the police and the
people have become closer and the departments concerned have
received fewer accusatory letters and more commendatory
letters. China today has 862,752 police, accounting for 7.4
persons per 10,000 of the total population, much lower than
the figure of 20 persons per 10,000 in some major Western
countries.
The Public Procurators Law and the
Judges Law were promulgated in February 1995 and went into
force in July of the same year. These two laws stipulate
that public procurators and judges have the right, according
to law, to independently exercise procuratorial power and
judicial authority without interference from any
administrative organs, social communities and individuals;
they must base themselves on fact, take law as the
criterion, handle a case impartially and be honest in
performing their official duties in all judicial activities.
These principles, set in the past, are now further
standardized, specified and implemented more strictly. The
law-enforcement level of the court and procuratorate has
been raised remarkably.
The rapid development
of the ranks of Chinese lawyers in recent years has
reinforced the judicial guarantee of human rights. By the
end of 1994 there were 83,619 lawyers in the country, almost
double the 1990 figure and exceeding the target of 75,000
planned for 1995. There are now 6,419 law offices, an
increase of 25 percent over the figure for 1993. Some
foreign law firms have been allowed to set up agencies or
offices in China. Presently Chinese lawyers are busy
providing society with legal assistance. Legal assistance
funds have been established in Beijing and other places, and
legal assistance centers have been set up in Shanghai and
Guangzhou to answer questions concerning the law from
citizens and provide them with other legal
services.
China is a country with a relatively
low crime rate. At the end of 1994 China's prisons had a
total of 1.286 million prisoners, or 10.7 persons per 10,000
of China's total population, which is much lower than the
figure of 56.5 persons per 10,000 in some Western developed
countries.
China's criminal law has set clear
demarcations between crime and non-crime. Only those who
have violated state law are dealt with according to law.
Included in China's criminal law are crimes of
counterrevolution, which refer to crimes that endanger state
security and aim at overthrowing the political power of the
country, namely, acts with the subjective goal of
overthrowing the political power of the country and acts
that objectively endanger state security. Those who hold
differing political views, but have committed no act
endangering state security, have committed no
crime.
Following the principle of combining
punishment with reform and education with labor, Chinese
prisons aim at reforming criminals and turning them into
law-abiding citizens. The chief means to achieve this goal
is education, including education in law, ethics, culture
and technology. Meanwhile, prisoners are organized to
participate in whatever labor they are capable
of.
China protects, according to law, those
rights of the prisoners that have not been taken away or
curtailed. In December 1994 China promulgated and put into
force the Prison Law, 20 of whose 78 articles are related to
the protection of prisoners' rights. Article 7 in the
General Provisions states clearly: "Prisoners have the
right of immunity from insult to their dignity, and from
infringement on their personal security and legal' property;
they have the right of defense and the right of appeal,
complaint and accusation as well as other rights that have
not been taken away or curtailed by law." The Prison
Law, also stipulates specifically that prisoners have the
right of immunity from corporal punishment and abuses, the
right of appeal, the right of communication, the right of
meeting visiting family members and relatives, the right to
education, the right to rest, the right to receive
remuneration for work, the right to labor protection and
labor insurance, and the right to receive medical treatment;
they enjoy equal rights with other citizens upon their
release after completing their sentence term. In order to
safeguard the proper rights of prisoners, the Prison Law
sets strict and concrete demands on prison police. Article
14 lists all the offenses against the law that are
prohibited while prison police perform their duties.
Standardization of the conduct of prison police prevents
infringement on the proper rights of
prisoners.
China opposes the practice of
forcing confessions and giving credence to them and strictly
prohibits the use of cruel punishment in every link of the
judicial work; it has adopted a series of laws in this
regard. In 1988 China formally acceded to the Convention
Against Torture and Other Cruel, Inhuman or Degrading
Treatment or Punishment. Chinese procuratorial organs have
set up special offices and stationed special personnel in
prisons and detention houses to inspect and supervise as to
whether prisoners are subject to cruel punishment or other
abuses. Once such a case is found, it is investigated and
seriously dealt with. In 1994 Chinese procuratorial organs
placed 409 cases of extortion of confession on file for
investigation and prosecution, and completed the
investigation of 398 cases. Public security officers, police
and other people involved were punished, including meting
out the death sentence.
China has achieved
remarkable results in reforming criminals. In 1994 over
210,000 prisoners received graduation and completion of
study certificates in culture and techniques from the
special schools run by prisons. In the same year 282,000
prisoners were granted reduction of sentence terms and
release on provisional parole, accounting for 21.96 percent
of the total prisoners. In 1994 the national. reconviction
rate remained between 6 and 8 percent, a very low rate
compared to that of other countries in the world. The
reconviction rate in some Western countries stands between
20 and 30 percent, and sometimes as high as over 50
percent.
IV. The Right to Work of Citizens
and the Rights and Interests of
Workers
China has always attached importance to
the protection of the right of citizens to work and the
rights and interests of workers, regarding this as an
important aspect of its efforts to safeguard human rights.
The Labor Law of the People's Republic of China, adopted in
July 1994 by the Standing Committee of the Eighth National
People's Congress, fully and concretely states the basic
rights of laborers granted by the Constitution. According to
law, workers enjoy equal rights to employment, selection of
profession, remuneration, rest and vacation, labor security
and health protection, professional skill training, social
insurance and welfare as well as other rights prescribed by
law. The Labor Law stipulates that the state implement a
minimum wage guarantee system and a paid annual vacation
system, in addition to standards for work hours, labor
security and health, with special protection for women
workers, and standards for professional
training.
When the Labor Law was promulgated,
it stipulated that work hours not exceed eight hours a day
or 44 hours a week on the average. In March 1995 the State
Council issued a circular adopting the five-day work week
nationwide, thus shortening the working hours of workers and
staff to 40 hours a week. This is an amazing step taken by a
developing country like China in protecting the rights and
interests of laborers.
In order to implement
the Labor Law, a labor contract system, a minimum-wage
system and a labor supervision system have basically been
established in the whole country. By August 1995 28
provinces, autonomous regions and municipalities directly
under the central government had officially adopted
minimum-wage standards for their respective localities.
Governments at all levels have strengthened supervision of
labor security and health protection during work, attached
great importance to the supervision and examination of
implementation of the law in private enterprises and
enterprises with foreign investment, and conducted timely
investigation and dealt with enterprises and individuals who
have violated the stipulations of the Labor Law and
encroached upon the legal rights and interests of
workers.
Employment is the direct embodiment of
the citizens right to work. With the support of people from
all walks of life, remarkable results have been achieved in
employment in the whole country over the past few years.
From 1991 to 1994 arrangements were made for more than 29.21
million people to find jobs in China's cities and towns. The
number of urban and rural employees in 1994 showed an
increase of 47.3 million over the 1991 figure, with the
unemployment rate in cities and towns remaining below 2.8
percent. This is no easy task for China, a country with a
population of 1.2 billion and a still very low level of
economic development.
Because of China's big
population base, the contradiction of the supply of labor
force exceeding the demand will exist for a very long time
to come. By the end of 1994 China had 4.8 million unemployed
in cities and towns. To solve this problem, the government
has proposed and carried out the "reemployment
project," with the emphasis on helping those who have
been unemployed for more than six months to find jobs as
soon as possible. At present, this project has been promoted
throughout the country, and remarkable results have been
achieved in Shanghai, Shenyang and other
cities.
By the end of 1994 China had 25,000
employment agencies, which successfully dealt with 13.29
million person-times in helping people find employment or
re-employment in 1994 alone. Professional skill training has
developed, with 4,433 schools for training technicians and
2,600 employment training centers set up. China has already
established an employment service system, with employment
agencies, employment training, labor service, and
enterprises based on the principle of
save-oneself-by-production as its
mainstay.
China's social insurance has also
achieved outstanding results since 1991. In March 1995 the
State Council issued the Circular Concerning the Deepening
of Reform of the Endowment Insurance System for Workers and
Staff of Enterprises. A basic form of endowment insurance
that combines social overall planning with personal accounts
has been established, thus further expanding the scale of
endowment insurance.. At the same time a mechanism has been
adopted to adjust the basic pension regularly, so as to
guarantee the basic livelihood of retirees from enterprises.
In recent years the State Council has issued several
documents to raise the retirement pay of retirees. By the
end of 1994 China had altogether 29.29 million retirees,
whose retirement pay and retirement allowances averaged 82
percent of the average wage of workers and staff on the job.
With regard to the unemployment insurance system, the State
Council promulgated in 1993 the Insurance Regulations for
Workers and Staff of State-Owned Enterprises Waiting for
Employment. In China today 26 provinces, autonomous regions
and municipalities directly under the central government
have extended the coverage of the unemployment insurance
program. By the end of 1994, the total number of workers and
staff participating in the unemployment insurance program
had reached 95 million throughout the country. Based on the
principle of ensuring basic medical care for all laborers in
cities and towns on the one hand, and economizing on medical
expenses and lightening the burden of enterprises on the
other, reform has been carried out in the medical insurance
system. Reform measures have also been enacted in the system
of insurance against injury at work and birth insurance
system so as to better protect the rights and interests of
the workers.
With the continuous growth of the
national economy and the special attention of the government
to protecting the rights and interests of workers, the
average annual wage of workers and staff has increased year
after year, from the average yearly wage of 2,140 yuan in
1990 to 4,538 yuan in 1994, an average annual increase of
6.4 percent in real wage after deducting price-rise
factors.
Since 1991 the Chinese government has
further consolidated the social guarantee for the rights and
interests of the elderly. Today the governments of 28
provinces, autonomous regions and municipalities directly
under the central government have enacted local regulations
to safeguard the legal rights and interests of the aged. At
the end of 1994 ten departments, including the State
Planning Commission, the Ministry of Civil Affairs and the
China National Committee on Aging, jointly issued the
Seven-Year Development Program for China's Old-Age Work,
which comprehensively prescribes detailed stipulations for
protecting the rights and interests of the
elderly.
It has been a tradition for several
thousand years in China's rural areas to "raise
children to provide for old age." After New China was
founded, a five-guarantee system was adopted for childless
and helpless old folks, according to which they are provided
with food, clothing, medical care, housing and burial
expenses. In addition, many places have set up "houses
of respect for the aged." Since 1991 the Ministry of
Civil Affairs has been carrying out the work of rural
endowment insurance on an experimental basis. Today, 1,500
counties (cities) have implemented old-age insurance in the
rural areas and nearly 50 million people in the countryside
have joined the endowment insurance program. In future the
life of old people in China's rural areas will be
triple-guaranteed by the support of their children, social
insurance and the five guarantee program.
The
Regulations for Rural Five-Guarantee Work, adopted by the
State Council in 1994, enables the five-guarantee program to
become a system. China is now in the process of establishing
a five-guarantee system by combining collective support,
state relief and the construction of homes of respect for
the aged. Presently, 33,584 townships and towns in China
have made overall plans for the five-guarantee work,
accounting for 69 percent of China's total townships and
towns. The number of old people on the five-guarantee
programs supported by collectives has reached 2.73 million,
accounting for 76.68 percent of the total number actually
provided for. China's rural areas have about 40,000 homes of
respect for the aged, housing altogether 560,000 old
people.
V. The Right of Citizens to
Education China has put forward the principle of
invigorating the nation by relying on science and education,
making the best use of its limited financial resources to
provide Chinese citizens as much as possible with a steadily
increased right to education. An educational system based on
a basically rational structure and with a quite complete
range of subjects has initially taken shape. Under this
system, basic education, vocational education, adult
education and higher education are interconnected and
developing in a coordinated way. By 1994 the country had
altogether 683,000 primary schools with 128.2 million
pupils, an increase of 4.7 percent over the 1990 figure;
82,000 regular middle schools with 49.817 million students,
an 8.6 percent increase over the 1990 figure; 1,080
universities and colleges with 2.799 million students, a
35.7 percent increase over the 1990 figure; 1,172 schools of
higher learning for adults with 2.352 million students, an
increase of 41.1 percent over the 1990 figure; 18,700
secondary vocational schools of various grades and types
with 9.125 million students, a 39.8 percent increase over
the 1990 figure.
To better protect citizens'
right to receiving an education, China in recent years has
formulated and put into effect the Law on Compulsory
Education, Regulations for the Work of Eliminating
Illiteracy, Regulations of Education for the Disabled and
other educational regulations. In March 1995 the Standing
Committee of the National People's Congress adopted the Law
of Education of the People's Republic of China. It
prescribes in a comprehensive way citizens' right to
education and restates the basic principle that "all
citizens enjoy an equal right to education according to law,
regardless of ethnic status, race, sex, occupation, property
status and religious belief." It also stipulates that
the state will help develop education in areas inhabited by
China's ethnic minorities, assist remote border regions and
poor areas to develop education, and support and develop
education for the disabled.
The Chinese
government has always attached great importance to the
development of basic education, which has developed at a
comparatively rapid pace since the beginning of China's
reform and opening to the outside world. By the end of 1994
China had popularized five-year or six-year primary school
education in areas inhabited by over 90 percent of its
population. The primary school enrollment rate among
children of school age reached 98.7 percent in 1994, an
increase of 0.9 percentage point over the 1990 figure, and
86.6 percent of primary school graduates entered junior
middle schools, an increase of 12 percentage points over the
1990 figure. Nine-year compulsory education has basically
been popularized in large and medium-sized cities and some
economically developed regions.
In order to
ensure that all citizens enjoy an equal right to education,
regardless of sex, ethnic status and the economic conditions
of their respective regions, the Chinese government has
since 1990 adopted effective measures to steadily narrow the
gap between them in receiving an education. According to the
statistics of the State Education Commission, the difference
in the enrollment rate between girls and boys dropped from
2.9 percentage points in 1991 to 1.3 percentage points in
1994; the difference in the enrollment rate between rural
children and city children dropped from 2.5 percentage
points in 1990 to 0.9 percentage point in 1994. With regard
to the five ethnic minority autonomous regions of Guangxi,
Xinjiang, Inner Mongolia, Tibet and Ningxia and the three
provinces of Qinghai, Yunnan and Guizhou which have a
comparatively large number of ethnic minorities, the
difference in the average enrollment rate between their
children and children of the country as a whole dropped from
2.5 percentage points in 1990 to I percentage point in
1994.
Owing to the uneven development of the
economy and other historical reasons, China has long had a
large number of illiterates. According to statistics,
illiterates totalled 320 million in 1949 when the People's
Republic of China was founded, with the illiteracy rate as
high as 80 percent. Since then,. the Chinese government has
been making great efforts to carry out activities for the
elimination of illiteracy, providing illiterates with all
kinds of free literacy education. As a result, the total
number of illiterates and the illiteracy rate have dropped
greatly. By 1990 the number of illiterates among people
above the age of 15 came down to 180 million, and the
illiteracy rate dropped to 22.2 percent. In 1994 the number
of China's total illiterates dropped to 150 million, and the
illiteracy rate dropped to 17 percent; the number of young
and middle-aged illiterates decreased from 60 million to 35
million, Beijing, Tianjin and Shanghai and the provinces of
Jilin, Heilongjiang, Liaoning and Guangdong have basically
wiped out illiteracy among young and middle-aged people.
Currently the Chinese government is taking all possible
measures to basically popularize nine-year compulsory
education throughout the country and eliminate illiteracy
among young and middle-aged people by the end of this
century.
The Chinese government has paid great
attention to assisting poor areas to develop education. In
1991 the Chinese government established a help-the-poor
education foundation, allocating every year since then 200
million yuan from state finances specially for the
development of education in poor areas. In addition, 30 to
40 million yuan in education fees paid by enterprises
directly under the central government are used exclusively
for educational development in poor areas. Also devoted to
the development of the nine-year compulsory education in 225
counties (banners) of 12 provinces (autonomous regions) are
loans to the tune of US$ 200 million from the world Bank.
To make up for the insufficiency in state
educational appropriations, the Chinese government has
called on and organized the whole society to give support to
the poor areas in developing their education; this endeavor
is generally called the Hope Project. By the end of 1994
donations amounting to 350 million yuan had been collected,
a back-to-school fund had been established for children in
poor areas who had discontinued schooling, 749 Hope Primary
Schools had been set up, and over one million children who
had been forced to leave school because their families were
too poor to support them had resumed their education. The
success of China's Hope Project has won extensive praise
from people in all circles both at home and
abroad.
Over the past few years, while
introducing a university admission charge system, the
Chinese government has also taken various measures to
provide university students from poor families with
financial aid. In 1994 alone the government allocated 217
million yuan to be used exclusively for helping students
with financial difficulties receive a higher
education.
In order to help peasants in poor
areas raise their scientific and cultural level, the
Ministry of Culture in 1993 set up a cultural help-the-poor
committee, which has initiated a Libraries for Villages
Project. Since then 20,000 villages have been helped to
build their own little libraries, with books of at least 100
types for each. The committee has also built about 100
satellite television receiving and rebroadcasting stations
in the poor areas.
VI. Protecting the
Legitimate Rights and Interests of Women and
Children
To promote equality between men and
women is a basic objective in China's social development.
Since 1991, based on the legislative principle of equal
rights for men and women and protection of women's special
rights and interests, China has worked to reinforce the
lawful protection of women's human rights. In 1992 China
promulgated and put into effect the Law of the People's
Republic of China on the Protection of Women's Rights and
Interests. It stipulates in concrete terms all aspects of
women's rights and interests, including rights and interests
in politics, culture and education, labor, property, person,
marriage and family. China has now established a legal
system with the Constitution as its basis and the Law of the
People's Republic of China on the Protection of Women's
Rights and Interests as its main part; it includes some 1 0
legislations, more than 40 administrative laws and
regulations and over 80 local laws and regulations
guaranteeing women's rights and interests.
In
August 1995 the Chinese government issued the Program for
Chinese Women's Development (1995-2000), which makes clear
that the main goal for Chinese women's development is to
raise the quality of women in general and make sure that
women enjoy all the rights they are entitled to by law. The
program also lays down specific goals and related policies
and measures.
Chinese women enjoy the same
political rights as men. The extent of women's involvement
in the management of state and social affairs has further
increased in recent years. In 1993, 95.29 percent of women
cast their votes during local elections for people's
congresses. There are 626 women deputies to the Eighth
National People's Congress, accounting for 21.03 percent of
the total number of deputies. The ratio is high in the
world. There are 19 women on the Standing Committee of the
National People's Congress, accounting for 12.3 percent of
all Standing Committee members and a 2 percentage point rise
from last congress. The ratio of women deputies in local
people's congresses is higher than the last congress. The
number of women holding leading positions in government
departments has also risen. The number of women employed by
the government has risen from 10.04 million in 1991 to
12.371 million in 1994. The ratio of women employed by the
government has risen from 1.2 percent to 32.5 percent. In
1994, among those occupying high government positions were
one woman State Councillor of the State Council, 16 women
ministers or vice-ministers, 18 women provincial
vice-governors, more than 300 women mayors or vice-mayors
and 21,012 women judges.
Chinese women's
economic, social and cultural rights are being more
effectively guaranteed. The number of women employed now
accounts for 44 percent of the employed, higher than the
world average of 34.5 percent. The number of women working
in cities and towns has risen from 52.94 million in 1990 to
56.458 million in 1994. The ratio of women in the whole work
force is 38 percent. About half the labor force in the
countryside is made up by women. More and more women are
taking more sophisticated jobs. According to statistics for
1993, 36.8 percent of all professional and technical
personnel working in enterprises and institutions were
women. About 35 percent, or 8.097 million, of China's
scientists and technicians are women. This ratio is higher
than that in many developed countries.
Chinese
law stipulates that men and women doing the same job get the
same pay, and working women receive special protection.
Women receive special care during menstruation, pregnancy,
maternity and breast-feeding. Working women who give birth
are entitled to three months of maternity leave with pay.
These laws have been strictly enforced for the past decades.
In recent years women employees in some units have been
given six months' paid maternity leave.
Women's
right to education is further protected. The ratio of girls
between seven and I 1 attending school has risen from 80
percent in 1990 to 97.7 percent in 1994. The ratio of female
students in middle school and in university rose from 42.2
and 33.7 percent to 44.3 and 34.5 percent
respectively.
The state pays special attention
to protecting women's rights in marriage and the family and
guaranteeing according to law women's independence in
marriage and equal rights between husband and wife, men and
women in the family. Chinese women enjoy the same right of
ownership of property and inheritance as men and equal
rights in the management and decision-making of family
affairs. According to a survey, in 58 percent of families in
China, decisions concerning important family affairs are
made by the husband and wife together. A wife abused by her
husband or a daughter-in-law abused by her father- or
mother-in-law is considered unacceptable offenses in
society. The family violence common in some Western
countries is relatively rare in China.
The
state respects a woman's right to give birth and protects
her health when giving birth. In China women have the right
to family planning and the freedom to choose not, to give
birth. Relevant departments have the duty to provide couples
at the child-bearing age with safe and effective
contraceptives and techniques and ensure that women taking
birth-control measures are safe and healthy. In recent
years, as the economy has developed and society progressed,
more and more women are making their own decisions about
giving birth. Cases of women being discriminated against by
their fathers or mothers-in-law or estranged by their
husbands because they are infertile or give birth to girls
have declined steadily.
.The family planning
policy implemented by the state according to the
Constitution represents the long-term interests of state and
social development. It also meets the demands of women to
raise the level of their health and family life. Women all
over China have fully supported this policy. The
birth-control rate of married women rose from 75 percent in
1990 to 83 percent in 1994, and in some areas it was above
90 percent. The birthrate dropped from 21.06 per 1,000 in
1990 to 17.7 per 1,000 in 1994. The natural population
growth rate dropped from 14.39 per 1,000 to 11.21 per 1,000.
Women's total birthrate dropped from 2.31 to about 2.0. At
the same time, the health level of women giving birth has
risen considerably. Around 98 percent of urban women and 70
percent of rural women have prenatal examinations. The death
rate of pregnant women or women giving birth dropped from
94.7 per 100,000 in 1989 to 67.3 per 100,000 in
1993.
China's family planning policy is a great
contribution to the world's human rights. According to
statistics issued by the UN's population foundation, the
present world population is 5.7 billion. Without exercising
control, it will reach I 1. 9 billion by the year 2050. The
world will face the crisis of "population
explosion." The family planning policy enabled China to
postpone its ~"1.2 billion day" for nine
years.
Children are the future of the country
and society. In recent years, through legislative, judicial,
administrative and other types of measures, the state has
greatly improved children's conditions.
In
September 1991 the Standing Committee of the National
People's Congress passed the Law on the Protection of Minors
of the People's Republic of China. It clearly stipulates
that "the state ensures that personal, property and
other legitimate rights of minors not be infringed." It
also gives provisions on various principles guiding the
protection of minors and the responsibilities of family,
school, society and judicial institutions in this respect.
As a result, the protection of children is now within the
scope of law. In 1992 the State Council issued An Outline
Program for Chinese Children's Development in the 1990s. It
gives concrete stipulations on the main goals and measures
for the development of Chinese children in this
century.
To counter the criminal activities of
kidnapping and selling women and children, which have
recurred in some areas in recent years, judicial departments
at various levels have dealt out severe punishment according
to the Regulations on the Severe Punishment of Criminals Who
Kidnap and Sell Women and Children passed in 1991 by the
Standing Committee of the National People's Congress. Many
criminals were brought to justice. Cases of kidnapping and
selling people have declined since 1991, down 35.2 percent
in 1992, 9 percent in 1993 and 27.3 percent in
1994.
To ensure the health of children, China
has taken great steps to develop health care for women and
children and improve the health-care level of kindergartens
and nurseries. There are now nearly 450,000 kindergartens
and nurseries all over the country. In big and medium-sized
cities the demand for kindergartens and nurseries is
basically met. There are 3,164 health-care institutions for
women and children throughout China. To control and prevent
infectious diseases, China has an immunity program for all
children. In 1994 the rate of children inoculated against
pertussis, diphtheria and tentanus was 92.76 percent. The
rate of children inoculated with BCG, measles and polio
vaccine was 93.96, 89.37 and 93.74 percent respectively. The
rate of inoculated children in China is close to the average
level of developed countries. The Chinese government has
promised to wipe out polio in China. Since 1991 the infant
mortality rate and that of children under five years of age
have declined at an annual rate of 4.6 percent and 4.9
percent.
VII. Guarantee of Rights and
Interests of Ethnic
Minorities
There are 55
ethnic minorities in China. To guarantee the legitimate
rights of ethnic minorities, China's Constitution and laws
stipulate that all ethnic groups are equal. There are clear
stipulations that help is to be extended to ethnic
minorities and national autonomous areas for the development
of their economy, culture and other undertakings and that
the customs and habits of ethnic minorities are to be
respected in social life. This is the fundamental reason
that all ethnic groups in China have for a long time united
closely, lived in harmony and helped one
another.
The ethnic minorities' right to be
represented in the highest organ of state power as well as
in local organs of power at various levels has been
continuously and specially guaranteed. Deputies to the
Eighth National People's Congress include 439, or 14.7
percent, of ethnic minorities. This percentage is much
higher than the percentage (8.04) of population of ethnic
minorities in the country's total population. The state pays
much attention to training and selecting cadres of ethnic
minorities to work in governments at various levels. About
10.5 percent of all cadres at provincial or ministerial
level are from ethnic minorities and 7.9 percent of cadres
at prefectural or bureau level are from ethnic
minorities.
China has instituted a system of
regional autonomy in minority areas. In order to implement
the Law on Regional National Autonomy, since 1991 China has
formulated more than 20 regulations on regional national
autonomy and some special regulations. This has further
guaranteed autonomy in the national autonomous areas. In
China the chairman of an autonomous region and the head of
an autonomous prefecture or autonomous county are invariably
citizens of the ethnic group that exercises regional
autonomy. Other members of the people's government of an
autonomous region, autonomous prefecture or autonomous
county are also to be made up, as far as conditions permit,
by citizens of the ethnic group that exercises regional
autonomy or citizens of other ethnic minorities in that
area. The law stipulates that autonomous organs can apply
for permission from higher state organs to make alterations
in or desist from implementing resolutions, decisions,
orders and instructions made by higher-level state organs if
they are not in accordance with the situation in autonomous
areas. The autonomous organs in national autonomous areas
guarantee that citizens of all the local ethnic groups have
the freedom to use and develop their own spoken and written
languages and to maintain or reform their customs and
habits, and, according to law, guarantee that citizens of
all ethnic groups enjoy freedom in religious
belief.
In recent years the state has continued
to pay more attention to guaranteeing the rights and
interests of ethnic minorities living in scattered
communities. In November 1993, with the State Council's
approval, the State Nationalities Affairs Commission
promulgated Regulations on Administrative Work of
Nationality Townships and Regulations on Urban Nationality
Work. They give detailed provisions on how to guarantee the
political, economic and cultural rights and interests of
scattered ethnic minorities.
The state has
always implemented a preferential policy for the economic
development of areas where people of ethnic minorities live
in compact communities, providing funds, technology and
personnel aid. In December 1991 the State Council issued a
document requesting governments at all levels to increase
input to the autonomous areas and to speed up the aid scheme
whereby economically developed areas give aid to ethnic
minority areas. It required banks at all levels to give
appropriate preferential treatment to autonomous areas in
terms of loans for projects of investment in fixed assets.
More funds and materials allocated for assisting poor areas
should be directed to poor ethnic minority
areas.
Aid provided by the state and developed
areas to national' autonomous areas has promoted their
economic development. The total output value of industry and
agriculture of autonomous areas in 1994 increased 73.8
percent over that of 1990, the agricultural output value
increasing 28.1 percent, the industrial output value
increasing 109.1 percent and railway lines open to traffic
increasing 27.5 percent. The life of ethnic minorities has
improved greatly. In 1990 the average yearly salary for
workers and employees in autonomous areas was 2,040 yuan. It
was 3,970 yuan in 1994. In 1990 the average yearly income
for peasants and herders was 546 yuan. It was 944 yuan in
1994.
Because of its high altitude, poor
natural conditions and the dark rule of the feudal serf
system for an extended period in the past, Tibet is
comparatively backward economically and culturally, so the
state has given special care to Tibet's development. In July
1994 the Central Government decided that the rest of China
should help Tibet with 62 construction projects with an
estimated investment of 2.38 billion yuan. The projects
include mainly infrastructure, such as water supply,
electricity, roads, power, telecommunications, schools and
hospitals. The purpose is to lay a good foundation for the
full-fledged development of Tibet. More than 40 projects
have been completed and handed over for use. Actual
investment has risen to over 3 billion yuan. Completion of
these projects has vigorously promoted economic development
in Tibet, improved the production and living conditions of
Tibetans and raised their standard of
living.
Because of historical and geographic
reasons, there is still a big gap between the ethnic
minority areas and inland and coastal areas in terms of
economic and social development. The Chinese government has
made great efforts to narrow the gap and has achieved
obvious results. It will continue its efforts to bring about
a change for the better in backward minority
areas.
The Chinese government has always
respected and valued the traditional culture of ethnic
minorities. It has allocated large sums of money for the
protection and maintenance of historical relics and sites of
ethnic minorities. Between 1989 and 1994 the government
invested 53 million yuan to completely renovate the
world-famous Potala Palace in Tibet and finished 111
projects. This is the biggest renovation of the Potala
Palace since it was constructed early in the Qing Dynasty in
the mid-17th century. In 1991 the government invested more
than 30 million yuan and provided manpower and material for
the renovation of the Kumbum Monastery, an establishment of
Tibetan Buddhism in Qinghai.
The government
makes great efforts to nurture and develop the culture and
art of ethnic minorities. In March 1992 the third China Art
Festival was held in Kunming, Yunnan Province, with 56
ethnic groups participating. In January 1995 a music and
dance invitation performance of 56 ethnic groups was held in
Shanghai, promoting the development and prosperity of
national music and dance. With government support, a number
of cultural and artistic troupes of ethnic minorities have
visited foreign countries.
The government has
always respected and guaranteed ethnic minorities' right to
use and develop their own spoken and written languages. In
the performance of their functions the autonomous organs in
autonomous areas use one or several local languages
according to the regulations of autonomy set by the
autonomous areas. Broadcasting, television, cinema, books,
newspapers and magazines in autonomous areas use one or
several local languages. On June 19, 199 1, the State
Council approved the Circular on the Report Regarding
Further Improving Work on the Spoken and Written Languages
of Ethnic Minorities submitted by the State Nationalities
Affairs Commission and referred it to those concerned. The
circular demanded strengthening the formulation of laws
governing the use of native languages, standardizing the
languages and information processing of the various ethnic
groups, and promoting translation, publishing, education,
news, broadcasting, television, films, the collating of
ancient books, academic research, cooperation and exchanges
in native languages and the training of
personnel.
Since 199 1, with the support of the
government, the traditional medical sciences and pharmacies
of ethnic minorities have been enriched and developed. More
and more people are now engaged in Tibetan, Mongolian,
Uygur, Kazak, and Dai medical science and pharmacy-over
6,000 to date. There are over 500 hospitals and folk clinics
of medicine of ethnic minorities.
Since the
Chinese government respects and guarantees all the rights
and interests ethnic minorities are entitled to enjoy under
the law, and since it pays much attention to and supports
the political, economic and cultural development of
autonomous areas, in China's minority areas today the
political situation is stable, the economy and culture are
developing and the life of ethnic minorities is improving
every year. All 56 ethnic groups in China live in harmony,
are united and friendly to one another, and support and help
one another.
VIII. Guarantee of the
Rights and Interests of the Disabled China has all
along attached importance to guaranteeing the various rights
and interests of the disabled. On the one hand, China has
adopted various measures to ensure that the disabled enjoy
equal rights with other citizens and to protect their rights
from infringement; on the other hand, China has adopted
special support measures to help and promote the disabled to
actually and equally participate in social life and share
social material and cultural achievements by primarily
setting up a guarantee system of human rights for the
disabled. In the past few years, along with the sustained,
rapid and healthy development of China's economy, China's
guarantee system of human rights for the disabled has been
perfected step by step.
In December 1990 the
Standing Committee of the National People's Congress adopted
the Law of the People's Republic of China on the Protection
of Disabled Persons, which came into force in May 1991.
Hence China has a special law guaranteeing the disabled's
human rights. To strengthen the work guaranteeing human
rights for the disabled, the State Council founded the State
Coordination Committee for Work on the Disabled, consisting
of 33 commissions and ministries and the China Disabled
Persons' Federation. Each province, autonomous region and
centrally administered municipality and each prefecture,
city and county has also founded a coordination organ for
work on the disabled under the leadership of local
governments at different level.
To help the
disabled recover maximum health is an important prerequisite
for them to enjoy extensive human rights. By the end of 1994
China had performed 1.232 million cataract operations,
rectified 417,000 people/time of polio sequelae and trained
57,000 deaf children in hearing and speech. Chinese
governments at all levels have set up 6,558 community
rehabilitation centers. In addition, China has founded 574
poor-eyesight rehabilitation centers, providing more than
20,000 poor-sighted people with sight aids, and established
463 rehabilitation centers for mentally retarded children,
which have trained 4,060 mentally retarded children and over
30,000 parents and rehabilitation instructors in grass-roots
units.
China pays particular attention to
protecting the disabled's rights to labor and employment.
The Labor Law of the People's Republic of China, Regulations
for State-Owned Enterprises for Changes in Operating
Mechanisms, and other laws and regulations all include
specific regulations guaranteeing the disabled's rights to
labor and employment. Twenty-seven provinces, autonomous
regions and centrally administered municipalities in China
have formulated local legislation specifying that the
proportion of disabled people among total employees of
government organs, enterprises and institutions should not
be lower than 1.5 percent. By the end of 1994 the number of
welfare enterprises mainly employing the disabled had
reached 60,000 in China. Over 70 percent of disabled persons
with labor abilities in cities and towns above the county
level have been employed.
To let disabled
persons enjoy the right to receive education is work on
which the Chinese government has expended great effort in
recent years. The Chinese government has set up
special-education schools and classes for blind, deaf and
mentally retarded children. By the end of 1994 China had set
up 1,241 'special-education schools and 5,301
special-education classes for the disabled, and the number
of blind, deaf and mentally retarded students had reached
210,000. The number of special schools, special classes and
disabled students attending these special schools and
classes increased by 224 percent, 99 percent and 416 percent
respectively over the 1990 figures. There are 370 vocational
education and training centers for disabled persons in
China. In 1994 alone 97,000 people/time of handicapped
persons were trained. In China thousands of disabled
students enter colleges and universities every
year.
The spiritual life of the disabled in
China has become rich and varied. In recent years all
localities in China have held various performances, sports
contests, and other cultural activities, such as
calligraphy, painting, photography and philately, for the
disabled. In September 1994 the Chinese government held the
Sixth Far East and South Pacific Games for the Disabled in
Beijing. Over 2,000 athletes from 42 countries and regions
attended the games. To run the games well, the Chinese
government poured huge human, material and financial
resources into them and organized more than 30,000
volunteers to serve the handicapped friends from other
countries. UN Secretary-General Boutros Boutros-Ghali, the
heads of 13 states or governments and the chairman of the
International Olympic Committee for the Disabled sent
congratulatory telegrams to China, speaking highly of the
efforts of the Chinese government and people for the cause
of disabled people.
In recent years the Chinese
government and various circles in the society have done a
great deal of work to create a favorable social environment
for people to understand, respect, care for and help
disabled persons. On National Helping-the-Disabled Day,
legally set in May every year, the broad masses of the
people all over the country actively participate in
activities to help the disabled, strengthening their
understanding of and respect for the disabled. Every year
over 30 million children take part in Young Pioneers Helping
the Disabled activities, which have been carried out for
eight years running. Many moving deeds of helping the aged
and disabled have emerged. Many hospitals in large and
medium-sized cities have conducted activities to show love
to disabled orphans. By performing operations on the
disabled, they have helped many disabled orphans recover
their health.
To help the disabled participate
in social life, China has worked out and implemented
Standards for the Design of Urban Roads and Buildings for
the Disabled's Convenience, which require all localities to
build obstacle-free structures in, accordance with actual
conditions and economic development in China when
constructing municipal works and various buildings. The past
few years have witnessed a great increase in various special
installations and obstacle-free structures in Beijing,
Shanghai, Tianjin, Guangzhou, Shenyang, Shenzhen and other
large cities.
IX. Developing the Study
of Human Rights and Popularizing the Knowledge of
Human Rights
In the process of advancing the
cause of human rights in an all-round way, China has
attached great importance not only to social development and
reinforcement of the guarantee of laws, systems and
materials on human rights, but also to the theoretical
study, publicity and popularization of human
rights.
In the past few years Chinese scholars
have been very active in the study of human rights theories.
A professional research force consisting of scholars and
experts from institutions of higher learning and research
institutes all over the country has been formed. The Chinese
Society for the Study of Human Rights and other national
academic bodies have been set up one after another. Some
institutions of higher learning and research bodies have set
up human rights research centers and human rights teaching
and research offices or research offices. Meanwhile, a large
number of special human rights bodies for the study of the
human rights of women, children and the disabled have
emerged. According to incomplete statistics, since 1991
China has held over a dozen large-scale national theoretical
symposiums on human rights and over a hundred discussions,
forums and reports on human rights. Delegations sent by the
Chinese Society for the Study of Human Rights attended the
World Human Right-, Conference held in Bangkok and Vienna in
1993 and the UN World Conference on Women held in Beijing in
1995, at which the Chinese delegates conducted exchanges
with human rights experts and organizations from all over
the world.
The Chinese government actively
supports and aids financially the study of human rights. The
research subjects aided financially by the State Social
Science Fund, the China Social Science Fund and the Youth
Social Science Fund include a certain number of subjects on
human rights. Every year a group of subjects on human rights
win financial aid from the State Education Commission, the
Chinese Academy of Social Sciences and local governments and
achieve results. In addition, the China Human Rights
Research Fund set up by various social circles collects
funds and gives financial aids to research activities on
human rights.
In light of the current world
situation and China's practice, Chinese scholars have made a
deep study of the issue of human rights in various aspects
and published a large number of books and theses expressing
original ideas. In recent years pearly a hundred academic
books on human rights have been published. Over a thousand
theses on human rights have been published in various
newspapers and magazines. The research achievements of
academic circles have benefited the formation of state
policies on human rights and exerted a favorable influence
in strengthening the people's sense of human rights and
promoting social development.
Chinese academic
circles have also translated and published a large number of
foreign books on human rights and compiled systematic,
comprehensive and complete research data on human rights.
China has published the General List of the World
Conventions and Laws on Human Rights, Research Data Series
on Human Rights, International Human Rights Documents and
International Human Rights Organizations and many other
books, totaling more than 10 million words. These books not
only collect, sort out and introduce various ancient and
modern, Chinese and foreign theories and ideologies on human
rights, but also collect the declarations, conventions,
agreements, resolutions. and constitutional documents on
human rights of all countries in the world and international
societies.
China pays great attention to the
popularization of knowledge of human rights. In recent years
the Information Office of the State Council of the People's
Republic of China has issued in succession Human Rights in
China, Tibet-Its Ownership and Human Rights Situation,
Criminal Reform in China, The Situation of Chinese Women and
other documents. All circles in the society started
extensive discussions on these documents. Publishing circles
have published various study information and popular
literature to introduce the origin and historical evolution
of human rights and expound on the current state of human
rights in the international community and China's basic
position on the issue of human rights. Broadcasting
stations, TV stations, newspapers and magazines have started
special programs and columns, which extensively propagate
and heatedly discuss the issue of human rights. Some
institutions of higher learning, research bodies, social
organizations and relevant government departments throughout
the country have run study groups to popularize basic
knowledge of human rights.
China closely
integrates publicity and education on human rights with the
state's construction of a legal system. When the Law on the
Protection of Women's Rights and Interests, the Law on the
Protection of Minors, the Law on the Protection of Disabled
Persons, the Labor Law, the Law of Administrative Procedure
and the Compensation Law were promulgated and implemented,
China started publicity and education activities focused on
strengthening citizens' consciousness of rights and laws. At
present publicity and education on human rights have been
included in national education and vocational training.
Almost all institutions of higher learning and training
organizations hold special lectures on human rights, and
some universities have a human rights course to
systematically teach theories of human rights. The
widespread human rights publicity and education activities
have improved all citizens' ability, quality and level in
exercising and enjoying human rights according to law and
strengthened their sense of being masters of their own
affairs as well as a sense of responsibility, thus creating
a favorable environment of public opinion and social
conditions for the cause of human
rights.
X. Working Hard to Promote the
Healthy Development of International Human Rights
Activities China respects the purposes and principles
of the Charter of the United Nations related to the
promotion of human rights and fundamental freedoms. In
recent years China has, as always, actively supported -and
participated in international activities in the human rights
field and has made new efforts to promote the healthy
development of international human rights since the cold
war.
In April 1994 Qian Qichen, Vice-Premier
and concurrently Minister of Foreign Affairs of the Chinese
government, reiterated while meeting with the former UN
Secretary General Kurt Waldheim, "China respects the
Universal Declaration of Human Rights, the Proclamation of
Teheran, the Declaration on the Right to Development and
other international documents related to human rights"
and "will, as always, make a joint effort with the
international community to further strengthen international
cooperation in the sphere of human
rights."
China takes an active part in UN
activities in the human rights field. In recent years China
has consecutively been reelected a member of the UN Human
Rights Commission and sends a delegation to the commission's
annual session. The human rights experts recommended by
China have continually been elected members of the
Subcommission on Prevention of Discrimination and Protection
of Minorities. China sends observers to the annual session
held by the subcommission. In addition, China has
successively been elected a member of the UN Commission on
the Status of Women, and Chinese experts have continually
been elected members of the UN Commission on the Elimination
of Discrimination Against Women. China has many times sent
delegations or officials to attend various conferences on
human rights sponsored by the United Nations. In the
aforementioned bodies and sessions China always
conscientiously performs its duty, actively participates in
the examination and discussion of subjects on human rights,
and elaborates its views, making its contributions to
constantly enriching the connotation of human rights and
promoting universal respect for human
rights.
With an active and constructive
attitude China took part in the World Conference on Human
Rights held in Vienna in 1993. From beginning to end, China
participated in the preparatory work of the conference,
attended the four preparatory meetings held by the United
Nations and the Asian Regional Preparatory Meeting, and
served as vice-chairman of the First Preparatory Meeting,
the Asian Regional Preparatory Meeting and the World
Conference on Human Rights, thus playing an important role
in the conference's preparation and success. At the Asian
Regional Preparatory Meeting China, along with other Asian
countries, made an active effort to reach agreement on the
Bangkok Declaration and systematically elaborate the basic
position of the Asian countries on human rights. During the
World Conference on Human Rights China actively made clear
its position and frankly and sincerely exchanged opinions
with the countries attending the conference. Together with
other countries, China resolutely resisted and opposed the
rude and unreasonable attitudes and actions of a small
number of Western countries that provoked confrontation and
forced their views on others, trying to hinder the smooth
progress of the conference. During consultations over the
conference's final documents the Chinese government
delegation put forward many constructive plans and
suggestions and handled and coordinated the problems and
contradictions that occurred during the drafting of
documents on the basis of adhering to principle and, with a
flexible and cooperative attitude, taking the situation as a
whole into account, thus helping all countries to reach
unanimity through consultation and achieve the smooth
adoption of the Vienna Declaration and Program of
Action.
China always supports the efforts of
the United Nations to improve the status of women and
promote equality between men and women. China successfully
held the UN Fourth World Conference on Women and the '95
Non-governmental Organizations Forum in Beijing in September
1995, thus contributing to the progress of the world's women
and to the realization of women's human rights. It was the
largest international conference since the founding of the
United Nations. More than 46,000 people from 197 countries
and regions gathered at Beijing and heatedly discussed
various subjects concerning women with the theme of
"equality, development and peace" as the core.
Chen Muhua, head of the Chinese government delegation and
Vice-Chairwoman of the Standing Committee of the National
People's Congress, was elected chairwoman of the conference.
The Chinese delegation took an active part in the discussion
of various subjects during the conference and expounded its
opinions on the strategy to improve the status of women and
promote equality between men and women and on some important
international issues, making its own contributions to the
adoption at the conference of the Beijing Declaration and
the Program for Action, of important historical
significance. The Chinese government performed its duties as
the host country in great earnest, actively cooperated with
the UN organizations, all governments and the
non-governmental organizations concerned, put in huge human,
material and financial resources, and mobilized people all
over the country and women from all walks of life to make
tremendous efforts for the preparation and convening of
the conference, to guarantee the great success of the
conference. Hence China won popular praise from the
international community. UN Under-Secretary-General Kitani
said that the conference, which laid the foundation for a
new era of relations between China and the United Nations,
was a milestone in the UN women's history.
Up
to now China has ratified and acceded to 15 international
human rights conventions, including the four Geneva
Conventions of August 12, 1949, and their two Additional
Protocols, the Convention on the Prevention and Punishment
of the Crime of Genocide, the International Convention on
the Suppression and Punishment of the Crimes of Apartheid,
the Convention on the Elimination of All Forms of
Discrimination Against Women, the International Convention
on the Elimination of All Forms of Racial Discrimination,
the Convention Relating to the Status of Refugees, the
Protocol Relating to the Status of Refugees, the Convention
Against Torture and Other Cruel, Inhuman or Degrading
Treatment or Punishment, the Convention on the Rights of
Children and the Convention Concerning Equal Remuneration
for Men and Women Workers for Work of Equal Value. The
Chinese government has earnestly performed its obligations
prescribed in the conventions it has acceded to, strictly
implemented the stipulations of the conventions through
legislative, judicial and administrative measures and
submitted reports on implementation of the related
conventions on time.
In accordance with the
purposes and principles of the Charter of the United
Nations, China has extensively conducted cooperation and
exchanges in the international human rights field. The
Chinese government actively cooperates with the United
Nations. As to various letters and documents forwarded to
China by the UN Center for Human Rights and special reports,
the Chinese government has made serious and responsible
investigations and given timely replies by elaborating
facts, views and opinions.
It is normal for
countries to have a different understanding and practice of
human rights owing to varied historical, social, economic
and cultural conditions. To strengthen mutual understanding
and cooperation among countries in terms of human rights,
China actively advocates and holds dialogues and exchanges
in the sphere of human rights. In recent years, when meeting
heads of foreign states and governments and relevant
personages, Chinese leaders have held constructive
discussions with them on the issue of human rights. China
has conducted multi-round dialogues with many Western
countries on the issue of human rights and has invited human
rights officials and experts from many countries to visit
China. China has also sent delegations to some countries to
exchange opinions and views on issues of international human
rights.
China has supported the United Nations
in actively promoting the healthy development of activities
in the international human rights field since the cold war
in accordance with the purposes and principles prescribed by
the Charter of the United Nations. Since the end of the cold
war extensive and profound changes have taken place in the
international situation. The people in the world, especially
the people in developing countries, eagerly hope that
international human rights will break away from the shadow
of political confrontations of the cold war and follow the
correct road of equal cooperation. However, some large
Western countries stubbornly adhere to the modes of thinking
of the cold war period to inject politics and ideology into
the issue of human rights. On the international stage they
take human rights as a means to compel developing countries
to submit and a means to pursue hegemony and power politics,
encouraging political confrontations in the human rights
field. In view of this abnormal phenomenon in the
international human rights field, China upholds principle
and makes unremitting efforts to promote human rights,
safeguard sovereignty and oppose hegemony, together with
vast numbers of developing countries.
In the
last few years the United States and some other Western
countries have made unwarranted charges against the internal
affairs of some developing countries and put various
pressures on them at some international conferences. China
has spoken out from a sense of justice, resolutely resisted
and opposed their acts poisoning the international
cooperative atmosphere in the human rights field, and
supported the struggles of developing countries to safeguard
their own rights and interests.
Since 1990 the
United States and some other Western countries, disregarding
China's political stability, economic development, social
progress, daily perfection of democracy. and the legal
system and constant improvement of people's living
standards, have concocted five anti-China proposals,
wantonly interfering in China's internal affairs by trying
to change China's development path and social system through
sabotaging its stability and preventing it from going
forward. They have gone everywhere to sell their ideas and
impose pressure from various aspects, so as to reach their
sinister political purposes. However, under the resolute
opposition and resistance of China, the vast number of
developing countries in Asia, Africa, and Latin America, and
other countries that support justice, all five anti-China
plots of the West have failed. It is a victory not only for
China, but also for the vast number of developing countries
and international justice forces in defending the purposes
and principles of the Charter of the United
Nations.
China considers that the realization
of human rights cannot be separated from world peace and
development. Peace and development are two major subjects in
the current world, as well as indispensable prerequisites
for the universal realization of human rights and basic
freedoms. Without a peaceful and safe international
environment and without a just and reasonable international
economic order, it will be impossible to realize extensive
human rights. So long as the international community
integrates the promotion of' human rights with defense Of
world peace and the accelerated Progress Of mankind and
advances them in a systematic way, it can make sustained and
effective progress.
At present the world is in
a historical era when a new century is coming and old world
patterns are being replaced by new ones. What kind of world
will enter the 21st century is an important issue Of great
concern to the international community. Since the end of the
cold war some Positive changes have taken place in
international relations; meanwhile, many regional conflicts
and complex and Profound contradictions have broken out.
Hegemony, power Politics and unfair economic order still
exist , imperiling world peace and development and hindering
the realization of human rights and basic freedoms. China is
willing, together with the international community, to make
continual, unremitting efforts to bring a world of peace,
stability, economic development and universally enjoyed
human rights into the 21st century.
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