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Implementation of the Convention on the Elimination of All Forms of Racial Discrimination in the People’s Republic of China: Annexes

June 1, 2009


Annexes
  Annex 1: Previous requests by the Committee and other treaty bodies for disaggregated statistical information
  Annex 2: Relevant state secret classifications and previous requests by the Committee for disaggregated statistical information
  Annex 3: Select hukou reforms  

Annex 1

Previous requests by the Committee and other treaty bodies for disaggregated statistical information

Treaty Bodies and Special Mechanisms

Specific Request

  • Concluding observations of the Committee on the Elimination of Racial Discrimination (CERD), 27 September 1996, para. 2372
  • Comprehensive information regarding the composition of the population, the geographic areas where minority nationalities are concentrated, their standard of living and other educational and social indices […] also as far as possible with respect to those [minorities] dispersed in various regions […] information regarding the legal protection available to dispersed minorities relative to the rights provided for in the Convention.
  • Concluding observations of CERD, 8 September 2001, para. 25073
  • Socio-economic data, disaggregated by national and ethnic group, and information on measures taken to prevent gender-related racial discrimination, including in the area of trafficking and reproductive health.
  • Statistics, disaggregated by nationality and region, relating to detention, imprisonment, alleged, investigated and prosecuted cases of torture, death sentences, and executions.
  • Concluding observations of the Committee on Economic, Social and Cultural Rights, 13 May 2005, para. 4074
  • Updated annually collected comparative data disaggregated by sex, age and rural/urban regions in the fields of all the provisions in the Covenant, paying particular attention to the disadvantaged and marginalized groups.
  • Annual comparative data, disaggregated by rural/urban regions, the percentage of gross domestic product allotted for education, health, and housing programmes, in particular in the ethnic minority regions.
  • Concluding observations of the Committee on Economic, Social and Cultural Rights, 13 May 2005, para. 6775
  • Detailed information, including disaggregated comparative statistics, to evaluate progress made and obstacles encountered in the implementation of all the provisions of the Covenant in the ethnic minority regions, including in XUAR and TAR.
  • Committee on the Rights of the Child, Consideration of Reports Submitted by States Parties under Article 44 of the Convention, Concluding observations: China, 24 November 2005, para. 2376
  • Reliable and comprehensive statistical data on all areas covered by the Convention and ensure that such data are systematically made available to the public in a timely manner in all parts of the State party.
  • Developing central databanks for statistics on children for the mainland and the SARs, so as to ensure that statistical data are used for the development, implementation and monitoring of appropriate policies and programmes for children.
  • Concluding comments of the Committee on the Elimination of Discrimination against Women, 25 August 2006, para. 1477
  • Study obstacles to data collection and to enhance the collection and the wide availability of sex disaggregated statistical information, by region and by ethnic group, in regard to each of the provisions of the Convention.
  • Concluding observations of the Committee against Torture, 21 November 2008, para 2, para 1578
  • Statistical data relevant to the monitoring of the implementation of the Convention at the national level, disaggregated by gender, ethnicity, age, geographical region, and type and location of place of deprivation of liberty, including data on complaints, investigations, prosecutions, and convictions of cases of torture and ill-treatment, detention conditions, abuses by public officials, administrative detention, death penalty cases, and violence against women, ethnic, and religious minorities.

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Annex 2

Relevant state secret classifications and previous requests by the Committee for disaggregated statistical information

2001 Committee Request for Information

Classification Category

Classification

[S]ocio-economic data, disaggregated by national and ethnic group, and information on measures taken to prevent gender-related racial discrimination, including in the area of trafficking and reproductive health.” (Paragraph 250)

  • Compiled data at the provincial level and higher regarding the trafficking of women.79

Secret (秘密)

  • Figures on cases of kidnapping and trafficking in humans and figures on those kidnapped or sold; cases involving the kidnapping and trafficking of women belonging to ethnic minorities.80

Neibu/Internal (内部)

  • Statistics on the number of deaths resulting from problems with surgical birth control procedures or family planning” and the number of induced abortions.”81

National, provincial or autonomous region level:
Highly Secret (机密)

Prefectural level:
Secret (秘密)

County level: Neibu/Internal (内部)

  • Statistics from family planning departments at the county level and higher on the gender and sex ratio of second and third-born children” and cases of deaths or disabilities resulting from problems with surgical birth control procedures or family planning.”82

Neibu/Internal (内部)

[S]tatistics, disaggregated by nationality and region, relating to detention, imprisonment, alleged, investigated and prosecuted cases of torture, death sentences and executions.” (Paragraph 250)

  • Compiled information and statistics that have not yet been made public on criminals that have been arrested, captured, sent for reeducation-through-labor or juvenile rehabilitation, or taken in for shelter and investigation in any directly-administered municipality, autonomous region, or province throughout the country.”83

Secret (秘密)

  • Statistics and compiled information on death sentences nationwide.”84

Top Secret (绝密)

  • Statistics and compiled information on death sentences within provinces, autonomous regions or directly-administered municipalities.”85

Highly Secret (机密)

  • Statistics and specific case details regarding the use of torture to extract confessions and corporal punishment abuse that led to serious consequences.”86

Highly Secret (机密)

  • Statistics oncriminal cases, and on those arrested in connection with such cases, that have not yet been made public either national wide or within provinces, autonomous regions or directly-administered municipalities.”87

Secret (秘密)

  • Statistics and compiled information on death sentences within provincially-administered municipalities.”88

Secret (秘密)

  • Annual or monthly statistics on national cases involving the sentencing, ratification or implementation of the death penalties.”89

Top Secret (绝密)

  • Annual or monthly statistics cases tried at the provincial, autonomous region or directly-administered municipality level, as well as all military cases that involve the sentencing, ratification or implementation of the death penalty.”90

Highly Secret (机密)

  • Annual or monthly statistics on cases tried by intermediate people’s courts involving the sentencing or implementation of the death penalty.”91

Secret (秘密)

  • Criminal judiciary forms for reporting statistics on cases other than those involving the death penalty tried by people’s courts at the intermediate level and above.”92

Secret (秘密)

  • Statistics nationwide and for any province, autonomous region, or directly-administered municipality on the number of new prisoner executions and unusual deaths in prisons, juvenile detention facilities and reeducation-through-labor facilities.”93

Highly Secret (机密)

  • Statistics at the level of province, autonomous region, or directly-administered municipality below on the number of new prisoner executions and unusual deaths in prisons, juvenile detention facilities and reeducation-through-labor facilities.”94

Secret (秘密)

  • Compiled annual and quarterly statistics on prisoners currently in detention nationwide.”95

Secret (秘密)

  • Case details and guidelines on how to handle foreign inquiries regarding criminal and economic cases of definite significance concerning state security, national unity or foreign relations that have been handled by lawyers and not yet made public.”96

Neibu/Internal (内部)

  • Data on instances of police officers causing injuries or disabilities to prisoners or reeducation-through-labor inmates and instances of police officers violating the law or discipline.”97

Neibu/Internal (内部)

  • Information not yet released on the investigations or trials of cases of judicial administration officers who violate discipline.”98

Neibu/Internal (内部)

  • Statistics and information not yet made public on any judicial administration work that is not a state secret.”99

Neibu/Internal (内部)

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Annex 3

(Compiled by Human Rights in China)

Select hukou reforms
  • 2001 – The State Council issues an Opinion on reforming the hukou system in small cities to allow rural residents to obtain an urban hukou under certain circumstances such as having a legal and stable place of residence and a stable income. The Opinion authorizes local governments to implement hukou reforms, bringing about reforms such as allowing “floating populations” to acquire a local hukou under certain circumstances.101
  • 2003 – Local governments initiate hukou reform measures such as abolishing the “blue stamp” hukou102 and the distinction between an “agricultural” and “non-agricultural” hukou, and further relax the requirements for obtaining a local hukou. Some local governments begin to allow those with a higher education or expertise in certain fields to obtain a local urban hukou.103
  • End of 2008 – Thirteen out of thirty-four provinces, autonomous regions, and municipalities have implemented reforms to abolish the distinction between an “agricultural hukou” and “non-agricutural hukou” as well as unify the registration system in rural and urban areas.104
  • January 2008 – Ma Liqiang, deputy secretary general of China’s official National Development and Reform Commission, indicates that restrictions in the hukou system will be eliminated by 2020 (but does not set a specific timetable).105 However, the Ministry of Public Security (MPS) is of the opinion that the hukou system will not be abolished but rather, the requirements for obtaining an urban hukou will be made more lenient.106
  • March 2008 – It was reported that 14 government agencies led by the State Council are working on hukou reforms to establish a uniform hukou system in urban and rural areas to alleviate the restrictions on changing one’s hukou.107 The MPS has drafted an Opinion108 on reforms of the hukou administration system based on discussions with other government agencies.109 However, the MPS spokesperson does not present a specific timeframe for the reforms.110
  • April 2009 – The National Human Rights Action Plan of China (2009-2010) specifically includes reform of the hukou household registration system as a goal and states, “Efforts will be made to push forward the reform of the household registration system to gradually relax the requirements for settling down in small and medium-sized cities.”111 Reforms are limited to small and medium-sized cities and neither a timeframe nor implementation mechanism is indicated.

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Endnotes

72. UN Committee on the Elimination of Racial Discrimination, “Concluding Observations of the Committee on the Elimination of Racial Discrimination: China,” UN Doc. A/56/18 (2001), para. 23. ^

73. See note 1. ^

74. UN Economic and Social Council, Committee on Economic, Social and Cultural Rights, “Concluding observations of the Committee on Economic, Social and Cultural Rights: People’s Republic of China,” UN Doc. E/C.12/1/Add.107 (2005), para. 40. ^

75. Ibid. ^

76. UN Committee on the Rights of the Child, “Concluding Observations: China,” UN Doc. CRC/C/CHN/CO/2 (2005), para. 23. ^

77. UN Committee on the Elimination of Discrimination Against Women, “Concluding comments of the Committee on the Elimination of Discrimination against Women: China,” UN Doc. CEDAW/C/CHN/CO/6, (2006), para. 14. ^

78. UN Committee Against Torture, “Concluding Observations of the Committee Against Torture: China,” UN Doc. CAT/C/CHN/CO/4 (2008), para. 15. ^

79. >Regulation on State Secrets and the Specific Scope of Each Level of Secrets in Women’s Work, [妇女工作中国家秘密及其密级具体范围的规定], issued by the All-China Women’s Federation [中华全国妇女联合会] and the National Administration for the Protection of State Secrets [国家保密局], promulgated on April 24, 1991, Art. 3.2.4. ^

80. >Regulation on State Secrets and the Specific Scope of Each Level of Secrets in Public Security Work  [公安工作中国家秘密及其密级具体范围的规定], issued by the Ministry of Public Security [公安部] and the National Administration for the Protection of State Secrets [国家保密局], promulgated on March 28, 1995, and effective on May 1, 1995, Art. 3.5. ^

81. Regulation on State Secrets and the Specific Scope of Each Level of Secrets in Family Planning Work, [计划生育工作中国家秘密及其密级具体范围的规定], issued by the State Family Planning Commission (now the State Population and Family Planning Commission) [国家计划生育委员会,现更名为国家人口与计划生育委员会] and the National Administration for the Protection of State Secrets [国家保密局], promulgated on May 16, 1995, Arts. 3.1.2, 3.1.3, 5.1, 5.2, 5.5. ^

82. Ibid Arts. 5.4, 5.5. ^

83. Regulation on State Secrets and the Specific Scope of Each Level of Secrets in Public Security Work  [公安工作中国家秘密及其密级具体范围的规定], Art. 2C2. ^

84. Regulation on State Secrets the Specific Scope of Each Level of Secrets in the Work of the People’s Procuratorates, [检察工作中国家秘密及其密级具体范围的规定], issued by the Supreme People’s Procuratorate [最高人民检察院] and the National Administration for the Protection of State Secrets [国家保密局], effective on January 15, 1996, Art. 3A2. ^

85. Ibid., Art. 3B4. ^

86. Ibid., Art. 3B5. ^

87. Ibid., Art. 3C2. ^

88. Ibid., Art. 3C3.  ^

89. Regulation on State Secrets the Specific Scope of Each Level of Secrets in the Work of the People’s Courts, [人民法院工作中国家秘密及其密级具体范围的规定], issued by the Supreme People’s Court [最高人民法院] and the National Administration for the Protection of State Secrets [国家保密局], promulgated on July 31, 1995 and effective on August 8, 1995, Art. 3A3. ^

90. Ibid., Art. 3B3. ^

91. Ibid., Art. 3C3. ^

92. Ibid., Art. 3C4. ^

93. Regulation on State Secrets the Specific Scope of Each Level of Secrets in Judicial Administration Work, [司法行政工作中国家秘密及其密级具体范围的规定], issued by the Ministry of Justice [司法部] and the National Administration for the Protection of State Secrets [国家保密局], promulgated on August 31, 1995 and effective on October 15, 1995, Art. 2B1. ^

94. Ibid., Art. 2C3. ^

95. Ibid., Art. 2C2. ^

96. Ibid., Art. 4.5.^

97. Ibid., Art. 4.8. ^

98. Ibid., Art. 4.12. ^

99. Ibid., Art. 4.16. ^

100. Guowuyuan pi zhuan gonganbu guanyu tuijin xiaochengzhen huji guanli zhidu gaige yijian de tongzhi, [国务院批转公安部关于推进小城镇户籍管理制度改革意见的通知], issued by the State Council [国务院], promulgated March 30, 2001 and effective on March 30, 2001. ^

101. See note 51. ^

102. The “blue-stamp” urban hukou is open to a wider population, and more cities and towns including large cities. Eligibility is primarily based on the assessed "contributions" to the urban economy. See Kam Wing Chan and Li Zhang, “The Hukou System and Rural-Urban Migration in China: Processes and Changes,” China Quarterly, no. 160 (1999), 818-55. ^

103. See note 51. ^

104. “Huji gaige hai you duoshao lü yao zou? 13 sheng qu shi quxiao nongye hukou” [户籍改革还有多少路要走? 13省区市取消农业户口], People's Daily (Overseas Edition) [人民日报海外版], December 20, 2008. ^

105. Fu Jing and Wang Bo, “Hukou Should Be Scrapped,” China Daily, January 23, 2008. ^

106. Tong Dahuan [童大焕], “Yiju ‘ti du quanli’ pojie huji gaige nanti” [依据“梯度权利”破解户籍改革难题], China Youth Daily [中国青年报], January 26, 2008. ^

107. Xu Bing [许斌], “Huji gaige, zhuyao shi she bao zhidu gaige” [户籍改革,主要是社保制度改革], Yangcheng Evening News [羊城晚报], March 5, 2008. ^

108. Guanyu jin yi bu gaige huji guanli zhidu de yijian (song shen’gao) [关于进一步改革户籍管理制度的意见 (送审稿)], Ministry of Public Security [公安部]. ^

109. Yang Gengshen [杨耕身], “Huji guanli zhidu gaige ying gai you mingque shijianbiao” [户籍管理制度改革应该有明确时间表], Chinese Business View [华商报], March 5, 2008. ^

110. “Qiwang zao kan dao huji gaige shijian biao” [期望早看到户籍改革时间表], Xin Wen Hua Bao [新文化报], March 6, 2008. ^

111. See note 53. ^

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