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Information Office of the State Council of the P. R.
of China December 1995,
Beijing
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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