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Implementation and Protection of Human Rights in the People's Republic of China

2009年02月07日


A parallel NGO report by Human Rights in China (HRIC), submitted to the Human Rights Council in advance of its review of the human rights practices of the People’s Republic of China for the first time.

Full Report with Executive Summary [PDF, 109K]
Abridged Chinese Translation of the Report [PDF, 84K]



Contents

Table of Contents
Executive Summary
  Key Areas of Concern and Recommendations
I. Background and Framework
  A. Scope of international obligations
  B. Constitutional and legislative framework
  C. Institutional and human rights infrastructure
  D. Policy measures
II. Promotion and Protection of Human Rights on the Ground
  A. Cooperation with human rights mechanisms
  B. Implementation of international human rights obligations
    i. Equality and non-discrimination
    ii. Ethnic minorities
    iii. Right to education
    iv. Right to life, liberty and security of the person
    v. Administration of justice and the rule of law
    vi. Freedom of expression, and the right to participate in public and political life
Annex: Relevant Recommendations

EXECUTIVE SUMMARY

Despite recent domestic reform efforts and the PRC's increasingly sophisticated use of human rights language and processes, substantial gaps remain between the international legal framework, and Chinese laws and practices. Persistent inequalities deprive vulnerable groups of basic human rights. Ongoing crackdowns on Chinese rights defenders and independent civil society voices, one of the world's highest execution rates in a system that lacks fundamental safeguards, and the prevalence of torture all undermine the right to life, liberty and security of the person. Major obstacles to the administration of justice and the rule of law persist, including a lack of transparency and accountability, the sweeping information control of the state secrets system, and the deplorable practice of administrative detention.

Human Rights in China's (HRIC) submission for the Universal Periodic Review of the PRC focuses on several pressing concerns summarized below with relevant recommendations.

KEY AREAS OF CONCERN AND RECOMMENDATIONS

  • Close the gap between international and domestic law, and between the scope of international obligations
    and actual practice.
  • Reform the State Secrets system, which undercuts the Chinese constitutional and legislative framework for protecting human rights.
  • Review policy measures like
    the household registration system (hukou), the one child policy and
    administrative detention that exacerbate deprivations of basic rights.
  • Remove obstacles to cooperation with international human rights mechanisms, and allow the participation of independent Chinese voices in international human
    rights mechanisms.
  • Address the lack of equality for vulnerable groups, including women,
    ethnic minority groups (Tibetans, Uyghurs, and Mongols), and migrants.
  • Ensure that primary education attains the constitutionally guaranteed
    universal, compulsory status.
  • Cease ongoing crackdowns, narrow the scope of the death penalty, prevent the continuing practice of torture, and abolish the "legal black hole" that is administrative detention, in order to protect the right to life, liberty and security of the person.
  • To promote the administration of justice and the rule of law, abolish administrative detention such as
    Reeducation-Through-Labor, reform the State Secrets Law, and end crackdowns on
    rights defense lawyers.
  • Cease Internet censorship and crackdowns on press freedom that violate freedom of expression, and undermine the right to meaningfully participate in public and political life.



Full Report with Executive Summary [PDF, 109K]

Abridged Chinese Translation of the Report [PDF, 84K]

HRIC prepared four charts that track recommendations regarding China made during the February 2009 Universal Periodic Review session:

Summary Chart of Rejected UPR Recommendations [PDF, 45K]

Summary Chart of Accepted UPR Recommendations [PDF, 42K]

Summary Chart of UPR Recommendations Already Implemented [PDF, 18K]

Summary Chart of UPR Recommendations to Be Examined [PDF, 20K]

Related links:

錯誤 | Human Rights in China 中国人权 | HRIC

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