COMMITTEE ON ECONOMIC, SOCIAL AND CULTURAL RIGHTS REVIEWS INITIAL REPORT OF CHINA

Committee on Economic, Social
and Cultural Rights

29 April 2005



The Committee on Economic, Social and Cultural Rights has considered the initial report of China on how that country implements the provisions of the International Covenant on Economic, Social and Cultural Rights. Over the course of five meetings, the Committee examined the situation in mainland China and the Special Administrative Regions of Hong Kong and Macao.

The report was introduced by Sha Zukang, Permanent Representative of China to the United Nations Office at Geneva, who said that in the four years since the Covenant had entered into force in China, the Chinese Government had made genuine efforts to fulfil its obligations under the treaty. In the course of the implementation of these obligations, it had encountered problems and difficulties.

In 2004, China had achieved a gross GDP of 13.65 trillion Yuan, which represented an increase of 9.5 per cent over the previous year, Mr. Sha said. The poverty stricken population in the rural area was reduced by 2.9 million compared to the previous year. However, a considerable gap still existed between urban and rural areas and between the eastern and western regions in terms of economic development. Referring to the report submitted last March by Premier Wen Jibao to the National People's Congress, he said the report mentioned that the Government would pursue a people-centred scientific development strategy and would promote comprehensive and coordinated development between the economy and society, between urban and rural areas, and among all regions.

Speaking on behalf of the Special Administrative Region of Hong Kong was Stephen Fisher, Permanent Secretary for Home Affairs of the Home Affairs Bureau of Hong Kong, who noted in his opening presentation that like other developed societies, Hong Kong was undergoing several changes. The Government of Hong Kong was working hard to promote non-discrimination and to foster a culture of tolerance and mutual respect. Among other things, the Hong Kong Government had recently established a Commission on Poverty to study the issue in depth and to propose strategies for a way forward.

Jorge Costa Oliveira, Director in the International Law Office of the Special Administrative Region of Macao, said that in drafting the report, the hope was to demonstrate the measures that had been adopted in Macao which gave effect to the International Covenant. Generally, the residents of Macao benefited from a high level of conformity with the Covenant through the progressive realization of the relevant rights stemming from it. Macao's legal system consecrated the involvement of the various economic, social and cultural sectors of society in the formulation, implementation and review of the relevant policies concerning the rights recognized in the Covenant, he added.

Over the course of the discussion, there was an exchange between the 18-member Committee and the delegation on a number of issues, including gender equality; the rights of migrant workers, refugees, asylum seekers, minorities and other vulnerable groups; labour issues ranging from trade unions, to the right to strike, to unemployment rates, to workplace safety; health services and reproductive rights; and measures to reduce poverty.

The Committee will issue its concluding observations and recommendations on the initial report of China at the end of its three-week session on 13 May.

Members of the delegation for China included Representatives of the Ministry of Foreign Affairs; the Ministry of Public Health; the Ministry of Education; the Ministry of Labour and Social Services; the Ministry of Construction; the Supreme People’s Court; the Office of the State Council; and the Chinese Permanent Mission to the United Nations Office at Geneva. The delegation for Hong Kong included Representatives of the Office of the Home Affairs Bureau; the Department of Justice; the Welfare and Food Bureau; the Social and Welfare Department; the Labour Department; and the Education and Manpower Bureau. The delegation of Macao included Representatives of the International Law Office; the Commission Against Corruption; the Office of the Secretary for Administrative and Justice; the Security Forces Coordination Office; the International Law Office; and the Labour Affairs Bureau.

When the Committee reconvenes at 10 a.m. on Monday, 2 May, it will begin its review of the initial report of Serbia and Montenegro (E/1990/5/Add.61).

Report of China

The initial report of China (E/1990/5/Add.59) presents the general status of the implementation of the International Covenant on Economic, Social and Cultural Rights, while placing an emphasis on achievements in the legislative and judicial fields, including areas of difficulty and problems that exist. Part One of the report covers the current situation and progress in the implementation of the Covenant in China; Part Two covers its implementation in the Special Administrative Region of Hong Kong; and Part Three covers the Special Administrative Region of Macao.

For many years, China has striven to establish legislation that protects and promotes the economic, social and cultural rights of its citizens, and to ensure that their related rights and interests are legally protected. China's laws and policies are consistent with the Covenant. In the Constitution alone, provision is made for citizens' rights to work, to rest, to education, to scientific research and cultural activities, to own property, and to inherit property and equality of rights between men and women, among other things. In March 1999, the report notes, the second session of the Ninth National People's Congress passed amendments to the Constitution that also bear upon citizens' rights in the area of self-employment and private businesses. China's progress towards integration into a globalized world economy and a unified regional economy has accelerated thus boosting employment and ensuring a favourable balance of trade, as well as stimulating development in China's economic, social and cultural domains. China makes the promotion and realization of gender equality a basic policy in the furtherance of national development, and is unfailingly committed to the progress and development of women.

Concerning labour issues, the report states that since the 1980s, China has established and perfected a system of employment services that includes vocational information, occupational training, unemployment insurance and labour-service enterprises so as to provide guidance, information and introductory services to job-seekers and employers. The system also provides unemployment insurance in order to provide jobs to occupationally disadvantaged groups. Through the common efforts of the Government and all levels of society, the scope of employment in China is constantly widening, and employment structures are progressively improving. At the end of 2001, the number of persons employed nationwide had reached 730.25 million – or 77 per cent of the available labour pool. The registered unemployment rate among urban workers was 3.6 per cent. The report also outlines several measures taken by the State party to employ women and vulnerable groups, including persons with disabilities. Reforms to the methods of remuneration have resulted in a system where levels of worker income rise in step with economic development and growth in enterprise profits. The Labour Act, the Minimum Wage Regulations, the Provisional Regulations on the Payment of Wages and other relevant statutes set out clear regulations for the appointment of wages. As for trade unions, the report refers to the Trade Union Act and the Labour Act, as well as the Constitution, which all grant workers the freedom of association and the right to form and join trade unions of their own volition. In addition, reference is made to a number of social welfare, social benefits and social mutual assistance policies implemented by the Government to the benefit of workers.

After 20 years of liberalizing reforms, the overall standard of living of the Chinese people has achieved a level that can be described as "comfortable", the report notes. The principal indicators of this are that the incomes of urban and rural residents alike have grown markedly, and the overall scale of consumption continues to grow.

In order to allow the people to achieve an even higher standard of living, the Government had recently proposed a "struggle"” lasting 20 years, the objective being to secure a comfortable standard of living for all, economic development, further refinement of democracy, further progress in science and education, a more flourishing culture, a more harmonious society and a higher standard of wealth in the people's lives.

On the right to health, the report notes that through decades of effort, the Government of China has achieved much in the development of medical and health-care facilities. Since the 1950s, China has worked hard to improve the rights of the people to life and development, and has achieved effective control over the spread of infectious and endemic diseases. The number of people with AIDS and venereal diseases continues to grow. In 1999, the number of new cases of venereal disease was 840,000, a 32 per cent increase over 1998. China discovered its first AIDS case in 1985; by the end of 2002, it was estimated that 100,000 people were infected with HIV. With reference to the infant mortality rate, China has always regarded the protection of children’s health as an important duty in its public health work. After 50 years of unremitting efforts, the infant mortality rate, which at the foundation of the New China stood at 200 per thousand, was lowered to 32.2 per thousand by 2000. On the right to education, the report states that the Government of China administers a regimen of nine years of compulsory education, which it regards as the most important aspect by far of its work in education. China places great emphasis on the education of children from poor homes. Great effort is also applied to improving the education of girls.

Presentation of Report

SHA ZUKANG, Permanent Representative of China to the United Nations Office at Geneva, noted that the Chinese Government signed the International Covenant on Economic, Social and Cultural Rights on 27 October 1997 and it entered into force on 27 June 2001. In preparation of the report, the Government had established a working group composed of various Government Ministries and had consulted with non-governmental organizations, and other members of civil society. The report focused on the laws, plans and measures established by the Chinese Government to promote various rights under the Covenant, including its achievements and difficulties.

China was the largest developing country with a population of 1.3 billion, of whom 700 million lived in rural areas, Mr. Sha said. Due to constraints of economic development, the Chinese people started from a very low echelon in the enjoyment of their economic, social and cultural rights. In the four years after the ratification of the Covenant, the Chinese Government had made genuine efforts in fulfilling its obligations under the Covenant. In the course of the implementation of these obligations, it had encountered problems and difficulties that were hardly imaginable by other States.

In 2004, China had achieved a gross GDP of 13.65 trillion Yuan which represented an increase of 9.5 per cent over the previous year. The poverty stricken population in the rural area was reduced by 2.9 million compared to the previous year. However, a considerable gap still existed between urban and rural areas and between the eastern and western regions in terms of economic development. In some areas, especially in the vast rural areas, many problems remained unresolved in such sectors as education, health and culture. Farmers’ incomes, for example, were very low. In view of this situation, the Government continued to give priority to solving the problems of agriculture, the rural areas and farmers. At present, the Government continued to push forward the strategy of western region development focusing on solving the problem of infrastructure deficiency, the deteriorating ecological environment and the shortage of well-trained and experienced talents in the west so as to help achieve economic development and social progress of the region.

China had a large population at working age with a low level of education, Mr. Sha said, and was facing an acute situation on employment. In 2004, the Government had adopted measures for assistance for re-employment, enhanced control of unemployment and had regulated the layoff measures of enterprises in order to promote employment and re-employment; 9.8 million new employment opportunities were created in urban areas and 5.1 million laid off workers in urban areas were re-employed. Moreover, in 2004, the State Council promulgated Rules on Supervision of Labour Security, and amended Regulations on Collective Contracts and Regulations on Minimum Wages. The Government was also continuing in its efforts to sort out and remove unreasonable restrictions on migrant workers from rural areas working in cities by taking several measures, including improving advisory services for migrant workers and handling labour disputes involving migrant workers.

On the issue of medical and health services, Mr. Sha said that at present, the overall health level of the Chinese people exceeded the average level of a middle-income country, leading other developing countries in this regard. The Government had strengthened its comprehensive supervision on food and pharmaceutical products in order to ensure their safety for consumers. The Government had also taken vigorous efforts to prevent and control major epidemics. In 2002, China rapidly put under control and stamped out the Severe Acute Respiratory Syndrome (SARS) epidemic found in Guangdong, Beijing and Anhui, and effectively prevented the spread of the highly pathogenic avian flu epidemic in parts of the country. The State Council also issued the Directive on Effectively Strengthening the Prevention and Treatment of the AIDS disease, and set up a national committee for this purpose.

With regards to education, Mr. Sha said the Government of China was studying and formulating the Chinese Framework for Education Development into 2020, which would be a strategic plan for the reform and development of China’s education cause. In 2004, the Government continued to give policy priority to the issue of education, and increased its input in the field of education. At the moment, eight per cent of the localities of the country, all found in the mid and western region, were still unable to provide universal nine-year compulsory education. The Government had decided to start tackling the problem as a top priority from this year and would endeavour to accomplish the task within the current term of the Government.

Women enjoyed basically the same level of employment, remuneration and education as men in China, Mr. Sha said. Starting from 1975 to 2003, women representation had been over 20 per cent in each session of the National People’s Congress. The State was also an active provider of reproductive health services to women, and promoted informed choice in contraception and birth control as part of the effort to safeguard women’s right to reproductive health and to informed choice. Moreover, the Government had dealt severely with any illegal move to find out the sex of the foetus for non-medical purposes, to artificially terminate pregnancy on gender grounds and to abandon or kill infant girls. Furthermore, a pilot campaign called "Care and Love for Girls" had been launched in 11 selected counties in 11 provinces where there was greater gender imbalance in the new born baby.

In 2004, China started to revise the Law on the Protection of Disabled Persons in order to strengthen the legal protection of the rights and interests of persons with disabilities. Over the past year, nearly 4.5 million persons with disabilities had benefited for various forms of social security in China.

Regional autonomy for ethnic minorities was part of the basic political system of China. There were 15 ethnic autonomous localities which were located mostly in the west of China. From 2000 to 2004, the central Government invested 264 million Yuan in an action plan covering 20,000 projects in the field of infrastructure, agriculture, environment, culture and education to help those regions and create wealth for their people.

In closing, Mr. Sha said China had been making gigantic efforts in the face of daunting difficulties and challenges. Last March, Premier Wen Jibao stated in the Government report submitted to the National People’s Congress that the Government would pursue a people-centred scientific development strategy and would promote comprehensive and coordinated development between the economy and society, between urban and rural areas, and among all regions.

STEPHEN FISHER, Permanent Secretary for Home Affairs of the Home Affairs Bureau of the Special Administrative Region of Hong Kong, said in 2003 Hong Kong announced the decision to legislate against racial discrimination and a Bill would be introduced to the Legislative Council later this year. With regard to the Equal Opportunities Commission, he said in September 2003, the employment contract of a new appointee to the Equal Opportunities Commission Office was terminated by the newly-appointed Chairperson of the Commission. An Independent Panel of Inquiry was appointed in May 2004 to deal with this matter and as a result a new Chairperson was appointed in January this year. Concerning sexual orientation, Mr. Fisher said in 2001 legislation was introduced to prohibit such forms of discrimination.

Hong Kong, like other developed societies, was undergoing several changes, Mr. Fisher said. The Government of Hong Kong was working hard to promote non-discrimination and to foster a culture of tolerance and mutual respect. In September 2004, as a first step towards accelerating that process, the Hong Kong Government established a “Sexual Minorities Forum” to provide a formal channel of communication between the Government and persons with different sexual orientation. In the next few months, the Government also planned to set up a Gender Identity and Sexual Orientation Unit on a two-year pilot project under the aegis of the Home Affairs Bureau. Mr. Fisher that the Hong Kong Government recently established a Commission on Poverty to study the issue in depth and to propose strategies for a way forward.

JORGE COSTA OLIVEIRA, Director in the International Law Office of the Special Administrative Region of Macao, said in drafting the report the hope was to demonstrate the measures that had been adopted in Macao which gave effect to the International Covenant on Economic, Social and Cultural Rights. Generally, the residents of Macao benefited from a high level of conformity with the Covenant through progressive realization of the relevant rights stemming from it. Although progress had been made towards a good degree of fulfilment of the rights contained in the Covenant, the Government of Macao acknowledged that, in several fields, there was room to improve the realization of its obligations in order to achieve progressively the full realization in Macao of the rights recognized in the Covenant. With a view to facilitate this purpose, Macao's legal system consecrated the involvement of the various economic, social and cultural sectors of society in the formulation, implementation and review of the relevant policies concerning the rights recognized in the Covenant.

Questions Raised by Experts on General Provisions of the Covenant

On the issue of equality between men and women, an Expert noted that the divorce rate in China had nearly doubled from 1985 to 2000, and asked what the State was doing to ensure women their rights at the termination of marriages. Another Expert asked what steps the Government was taking to combat discrimination against women in terms of acquiring property after a marriage was terminated.

While noting that there had been a rapid economic growth in both rural and urban regions, an Expert said there had also been regions where there had been economic setbacks. In that regard, he asked the delegation for its assessment of this situation.

Concerning refugees, an Expert asked for additional information on the treatment of refugees from the Democratic People's Republic of Korea, given that there were reported cases of these refugees being turned back when they entered China. Similar information was also sought for Tibetan refugees.

Other questions raised in this cluster were on the role of the judicial committee; how the State’s membership to the World Trade Organization had affected its implementation of economic, social and cultural rights; the State's intention to ratify additional ILO Conventions, given that it had only ratified three of the 18 major ILO Conventions; free movement of Chinese citizens; the State's migration policies; the freedom of non-governmental organizations operating in the area of economic, social and cultural rights; and case laws on discrimination against women.

An Expert also asked what the position of the Chinese Government was with respect to acceding to the draft additional protocol to the Covenant.

Concerning people with disabilities, an Expert asked what was being done for the nearly 60 million people in China living with disabilities. Another Expert asked the delegation to expand on how the Disabled Persons Act protected these persons from discrimination.

Response by the Delegation

In response to a question on the intention of China to ratify additional core Conventions of the ILO, the delegation noted that by 2008 China would be able to accede to the other main ILO Conventions. He added that the Government had ratified an additional 23 "non-core" ILO Conventions. Concerning trade unions, the delegation said there was one trade union which had a very good record. There was no intention for the Government not to honour its obligation on the ILO Convention concerning trade unions.

Regarding divorced women, the delegation said that the rate of divorce was increasing and as a result there were many one-parent headed households. As to efforts to protect the right of women after the termination of the marriage, the new Marriage Law provided that property issues should be resolved between the two parties, however, if they could not resolve the problem, the issue would be taken to the People’s Court.

Concerning domestic violence, the delegation said the Government had taken several measures to combat this problem and to promote women's rights. In 23 provinces in China, more than 300 "joint groups" were established to address the issue.

With regards to its membership to the World Trade Organization (WTO), the delegation said it took China more then 16 years to negotiate its membership to the WTO and there was a belief that in the long run the membership would bring gains to the Chinese people. In order to ensure that its laws were in conformity with WTO regulations, the Government had streamlined 250 existing laws and had enacted 40 new laws. Tariff rates were also lowered from 15.6 per cent in 2001 to 10.3 per cent today.

Concerning refugees, the delegation said many illegal immigrants were entering mainland China for work opportunities. These individuals were treated well while in China and in a humanitarian manner. As long as they did not violate the laws they were treated with respect, although they were considered illegal.

On the subject of persons with disabilities, the delegation noted that in China there were more than 60 million persons with disabilities, which amounted to about five per cent of the total population. The aim of China was to promote the equality and enable social benefits for this group. China had also adopted several laws in the field, among them the law of 1990 on Disabled Persons. The State Council had made a directive on the implementation of these laws and decrees and other specific laws and regulations were enacted for local communities. Inspections were also carried out to ensure that these regulations were properly implemented. Moreover, there were more than 3,200 law offices providing free legal services for persons with disabilities. Overall there was an increasing number of people suffering from mental illnesses.

The Government was taking great efforts to solve the problems facing farmers with the ultimate goal of increasing the income of rural residents. In 2004, the expenditure of the central Government for this aim had increased by 22 per cent compared to the previous year.

In response to a question on non-governmental organizations, the delegation noted that according to statistics there were 149,000 social groups registered with various civil affairs departments in China; there were also more than 1,000 funds established. These non-governmental organizations had played an essential role in various economic, social and cultural rights. In recent years, a vast number of international non-governmental organizations had entered China while those existing had increased their activities.

China had undertaken several commitments to adhere to various international instruments, the delegation said. The Constitution provided legislation for the protection of the rights of all Chinese citizens. If a piece of legislation ran counter to an international treaty, then the international treaty prevailed. Concerning China's intention to accede to the Covenant's Optional Protocol, the delegation said there was currently a discussion underway on that matter.

In response to a question, the delegation said if a Chinese woman was married to a foreigner she could enjoy all the rights afforded to Chinese women if she did not relinquish her Chinese nationality. However, she was not entitled to some rights, such as the right to inherit land, if she relinquished her nationality and took that of her spouse.

Concerning WTO, the delegation said there were both positive and negative impacts as a result of China’s accession to the WTO; the negative concerning tariffs and unemployment in certain sectors. Mass media products from foreign countries, for example, had had certain negative impacts on Chinese traditional culture. Moreover, some transnational companies in China were now focusing more attention to foreign investment as opposed to domestic growth.

With regards to the employment of persons with disabilities, the delegation noted that all companies in China were required to have a least 1.5 per cent of their workforce comprised of persons with disabilities. If they did not, they had to pay a contribution to a fund established for the benefit of persons with disabled.

On the issue of sexual discrimination, the delegation said Chinese law did not carry a definition as such but there were laws to that effect stating that women in China had the same rights as those of men in political and social affairs and family life. In 1992, the law on the protection of women was promulgated to further these rights and to address any discrimination against women.

Regarding equal remuneration for men and women, the delegation said the Labour Department at various levels had strengthened its guidance so as to ensure that companies established standard salaries for jobs to ensure that men and women were afforded equal pay.

As to questions raised on women’s rights, the delegation said in recent years States and localities had increased their resources for the development of women; some 1.4 billion Yuan had been spent last year for that purpose. On women’s representation in decision-making positions, the delegation said women amounted to some 24 per cent of the representation in Parliament. China actively encouraged women to participate in elections at all levels. Moreover, at present there were four women serving in the State’s National People’s Congress.

With regard to a national human rights body, the delegation noted that at present there was no national human rights institution existing in China in line with the Paris Principles.

As to people with mental illness in China, the delegation noted that assistance was provided by the State to these vulnerable members of society.

In response to a question, the delegation said permits were required for Chinese people from mainland China to travel to Macao or Hong Kong.

Questions Raised by Experts on Non-Discrimination and Equality between Men and Women

An Expert asked for clarification on the unemployment statistics referred to in the report. He also asked whether there were conditions of forced labour in prisons. The Expert asked for an elaboration on child labour laws in China. Information was also sought on minimum wage standards in China.

While referring to a strike which occurred in 1991 where over 1,000 workers went on strike to protest a pension policy before they were repressed by the Government, an Expert asked whether workers had the right to strike if collective negotiations failed.

An Expert noted that every day an average of 18 Chinese miners lost their lives. He asked what was the policy of the Chinese Government to address the issue of hazardous work conditions, particularly in the mining industry. He also asked how many mines were shut down last year to improve their conditions and what the trade union did to protect miners from such situations. In that context, he also asked the delegation what legislation existed for child labour, in particular for those working in mines.

Other questions raised related to gender equality in the work place; disabled persons; and forced abortions, especially in rural areas.

Another Expert asked the delegation to explain how China coordinated its role in tripartite conferences, which took place within the framework of ILO Conventions and regulations. He also asked for information on the existence of public or non-public enterprises and whether they were obliged to affiliate themselves with the State’s trade union. He also asked what the major challenges facing the Chinese trade union were concerning the actual employment situation given globalizing trends and China’s membership to the World Trade Union.

An Expert asked what measures the State party envisaged to prohibit the use of personal savings to compensate the pension system. Information was also sought on how old-age pension systems were applied in practical terms. She also asked what provisions were in place to allow for welfare and social services in rural areas.

Other Experts asked what measures the Government envisaged to provide better services for migrant workers in terms of social services and medical care. One Expert asked what concrete steps had been taken to achieve the State’s goals in terms of health care.

Other questions raised were on social insurance and social assistance for the unemployed and those working in the social sectors; and Government assistance to vagrants, homeless persons and beggars.

An Expert asked if members of the Communist party, some 30 million persons, were given equal opportunities to be promoted in the work place. Information was also sought as to the right of women to be promoted to higher professional positions, and as well for ethnic minorities, including Tibetans.

Response by Delegation

On unemployment in China, the delegation noted that when workers were laid off they still retained their relationship with the enterprise through the re-employment service centre which assisted them with living costs and welfare payments. The rate of unemployment at the end of 2004 was 4.2 per cent.

With regards to minimum wages, the delegation said in 1993 the Government issued a circular on the minimum wages of enterprises and again in 1994. The State put in practice a system of minimum wages to be regulated at all levels. To set this wage the Government took into consideration the cost of living in the region, the average wage and the productivity of the region as well as the availability of the enterprise to pay wages. These wages were changed annually. Minimum wage varied in different regions of China for these reasons.

Concerning trade unions, the delegation said trade unions in various parts of China were a component of the central federal trade union although they enjoyed a certain amount of independence. No punishment had ever been handed down on any of these localized unions.

As per the law, the right to strike was not prohibited, the delegation said in response to a question. According to legal provisions in labour laws, labour disputes could be solved through negotiated settlement. Strikes did exist in China. When they did occur the Government sought to resolve the problem through reconciliation and mediation. Referring to the case raised by an Expert on a factory strike, the delegation noted that the Government had immediately called for a tripartite meeting between workers, employers and the Government to resolve the issue.

Concerning child labour, the delegation said the law in China prohibited any work for minors under the age of 16. Labour laws and regulations on the protection of minors made specific reference to the minimum age of workers and made provisions for punishments for any violations in this regard. Inspections also were conducted to monitor and enforce the situation of child labour.

As for migrant workers, the delegation said due to economic development and increasing demands, a large labour force was entering urban areas. The Government was attempting to strengthen the advocacy for the protection of the rights of these migrant workers; the situation of the children of migrant workers was also a mater of concern for which the Government had taken steps to ensure that they were treated equally in school systems.

Concerning the questions raised on workers in mines, the delegation said that there had been a spate of accidents in mines and it had been discovered that some mine safety requirements had been ignored. The Government had intensified its efforts to enforce these requirements and those mines in violation of these requirements were shut down. Moreover, the Government was calling on local trade unions to play an increased role with regard to safety in the workplace. Supervisory organs had also been set up to enhance safety in the workplace. As to the question raised on construction sites, the Government had carried out inspections in order to safeguard the rights and interests of construction workers.

In response to a question, the delegation said migrants had the right to join trade unions, and some 35 million migrant workers had joined trade unions.

Concerning trafficking in women, the delegation noted that China, in accordance with its Penal Code, dealt with such cases severely. Women who crossed into China on their own volition for work opportunities, however, were often given the status of illegal migrants.

In reaction to a question on reports of forced abortion of Tibetan women, the delegation said Chinese laws encouraged ethnic minority groups to have two children and there were no limits or restrictions on reproduction.

Concerning tripartite systems, the delegation noted that there were more than 6,000 tripartite systems existing in China whose role was to solve labour disputes, including the payment of salaries. There were more than 300 million workers of which 100 million had joined trade unions.

With regard to the formation of unions for workers abroad, the delegation said they could form unions in accordance with the laws of their countries although they were independent of the trade union of China.

Concerning questions on ethnic minorities, the delegation said that in the Tibetan autonomous region, there were six chairman of the people’s congress of autonomous regions in Tibet from the region. Moreover, there were 350,000 ethnic civil servants in Xingjian province, which represented half of the overall number of civil servants in the province.

Questions Raised by Experts on the Protection of the Family, Mothers and Children; the Right to an Adequate Standard of Living; and the Right to Physical and Mental Health

An Expert asked why there was a decline in the overall spending on health services in comparison to recent years. He also asked for an explanation on what the State was doing to address the increase in the number of people infected with sexually transmitted diseases. What measures were being taken to provide health care to minorities?

Concerning HIV/AIDS, an Expert asked the delegation for additional information on measures taken in this regard, especially in terms of statistics. He also asked about sex-based abortions and what steps had been taken to eradicate the practice of trying to identity the sex of a foetus.

While referring to a World Bank figure that 100 to 250 million people lived in absolute poverty in China, an Expert asked whether the State’s poverty reduction programmes took into consideration economic, social and cultural rights.
Concerning forced evictions for redevelopment schemes, an Expert said that some 10 million people had reportedly had to be relocated as a result of the building of several industrial plants and reservoirs. He asked if these people had had any due process available to them or compensation. He also noted that 40 million peasants had been displaced over 40 years and asked whether they had been given any form of compensation or comparable land. He asked for the number of people who were homeless in China. Moreover, the Expert asked whether the State’s housing act had been enacted and what its provisions were. Other Experts raised questions as to what steps the Government was taking for the people relocated in Beijing, in particular, to allow for the construction of a new stadium facility for the Olympic Games to be held in 2008.

Another Expert asked the delegation what steps the Government had taken to provide access to clean water.

Other Experts raised questions about China's poverty reduction strategy and the State's measures to combat infanticide.

Response by Delegation

On the issue of non-governmental organizations in China, the delegation noted that according to Chinese law, non-governmental organizations had to be registered with the State although the Government did not control their activities.

Concerning determining the sex of a foetus for non-medical purposes, the delegation said Chinese laws prohibited all such acts and promoted the protection of pregnant women.

Regarding infectious diseases, the delegation said that Government expenditure in health services had increased in absolute terms in recent years and there had been a decline in major infectious diseases in China. However, cases of syphilis and gonorrhoea had been increasing. Laws and regulations had been formed to protect the public concerning sexually transmitted diseases. Major progress had been made in providing medical services in rural areas as well; an increasing number of farmers, for example, some 70 million persons, had benefited from medical insurance schemes. The Ministry of Public Health had increased its efforts to provide vaccines for diseases. By the end of 2003, the estimated number of HIV/AIDS carriers was 840,000; the proportion of HIV/AIDS infected people with regard to the whole population was 0.07 per cent. Since 2002, the number of reported cases had increased.

Concerning poverty, the delegation noted that in China there were two criteria for people in poverty; 625 Yuan per annum per person, which defined a person living in absolute poverty; and 865 Yuan per annum defining relative poverty. Since 1990 the situation of poverty in China had increased.

As far as guidelines for the demolition of houses in urban areas were concerned, the delegation noted that persons could put forth a petition if they were not satisfied with the way they were evicted; 5,478 cases had been filed in 2004. The Ministry of Construction had issued a circular in 2003 following which working procedures concerning demolitions as well as guidelines had been enacted. The protection of the interests of people had thus been increased. People affected had the right to participate in a negotiation process and were afforded compensation. The delegation added that there was no problem of homelessness in China.

With regards to trafficking in women, the delegation said according to the criminal laws of China, a sentence of three years or lower was the punishment for cases of trafficking which were related to marriages. If the case involved violence or injury to the women, then the sentence ranged from three to ten years.

Concerning assistance to farmers, the delegation stated that last year the burden of taxes on farmers had been reduced in comparison with previous years.

With regards to the provision of clean water, the delegation said there was a promotional campaign for environmental protection as well as biodiversity protection funds.

In response to a question, the delegation said the State only provided social welfare services for families with two children or less; this policy was intended to serve as a "disincentive" for poorer families from having many children.

Questions on the Right to Education and the Right to Take Part in Cultural Life

An Expert asked the delegation to provide information on rates of illiteracy and efforts by the State to overcome this issue. He also asked for information on education for persons with disabilities.

Another Expert asked whether ethnic marriages had recognition as such in the Constitution and if the State played a pro-active role in promoting cultural diversity and encouraging tolerance of ethnic minorities.

Other questions raised pertained to intellectual property rights; the position of China regarding the flexibilities described in the Doha Declaration; school dropouts, especially in rural areas; the availability of foreign literature and audiovisual material in China; and primary education in minority languages.

Concerning compulsory free education, an Expert referred to the figure cited in the report of 2.5 per cent of the annual budget which was lower than the 4 per cent on average for developing States and asked for clarification on that.

While noting that access to education in rural areas was quite difficult, an Expert asked the reason for the disparities between rural and urban areas.

An Expert asked for an explanation on the shortcomings with regard to freedom of expression on the Internet, given reports received that several activists had been detained by the authorities for promoting their ideals on the Internet as well as the closure of some 10,000 Cyber cafes.

What was the position of China as far as the integration of cultural minorities and to what extent was China willing to preserve their cultural identity, in particular those in Tibet, an Expert asked.

Response by Delegation

Concerning illiteracy and education, the delegation said by the year 2000, China had reached a level of 85 per cent of literacy. Great emphasis had been placed in poverty-stricken areas to promote basic education. By the end of 2000, 92 per cent of school age children were enrolled in basic education and the entrance rate for primary schools was 96.6 per cent. Provisions had also been made by the State for children with disabilities; 78 per cent of school age children with disabilities were enrolled in schools. There were 1,850 special schools for these students.

With regard to education for children of migrant workers, the delegation said that in September 2003, the State Council, together with the Ministry of Education, had promulgated a law aimed to improve the situation of children of migrant workers; this had resulted in nearly 80 per cent of the children of migrants in urban areas attending schools.

In response to a question, the delegation said the laws for the autonomous regions of China provided for the use of national languages, including Tibet. In Tibet, the Tibetan and Chinese languages were give equal attention although Tibetan was the main language of education in the school system. The same was true of Xingjian province. Moreover, China had 155 autonomous national regions. At the end of 2003, these regions had promulgated over 300 specific laws and regulations. A total of 28 national languages were being used in China.

Concerning the protection of cultural minorities, the delegation noted that the culture of ethnic minorities was part of the Chinese culture. The Constitution and the laws of the autonomous regions of China had made stipulations to preserve ethnic cultures, traditions and folklore. Since the inception of the Tibetan autonomous region, a series of laws on the preservation of cultural relics had been promulgated, the delegation stated.

In response to a question, the delegation said in Tibet there were over 1,700 religious sites for Tibetan Buddhism, and some 46,000 Tibetan Monks and Nuns. In Xingjian province, there were over 23,700 Mosques and more than 26,000 Muslim clerics.

Concerning intellectual property, the delegation noted that the Chinese Government was a party to the TRIPS agreement.

As to human rights education, the Chinese Government had taken steps to uphold this principle to help its citizens to understand their rights, as well as the laws that protected them. Special attention was given to civil servants, especially legal professionals, in this regard.

Regarding Internet restrictions, the delegation noted that at present, there were 94 million Internet users in China. Furthermore, press, radio and television stations extended broadcasts and publications to some 95 per cent of the population. As a result of the increased usage of the Internet, serious unlawful activities have been committed; international legislation had therefore been regulated by the Government to address these cyber crimes.

In response to a question, the delegation said there were 14 different Tibetan languages being spoken in Tibet and 10 Tibetan language newspapers. The central Government had invested 300 million Yuan to recover over 1,400 Buddhist Monasteries.

Discussion on the Second Periodic Report of the Hong Kong Special Administrative Region

Questions by Experts on Non-discrimination and Equality between Men and Women

An Expert asked the delegation for the interpretation by Hong Kong, as well as mainland China, of the "Basic Law" of Hong Kong, in terms of appointments to the judiciary and its independence. He also asked for information on cases which invoked the International Covenant on Economic, Social and Cultural Rights before the courts.

Another Expert asked for information on the Commission on Equal Opportunities and whether it was a consultative body or if it had administrative powers.

An Expert requested further information on resources allocated for women's issues, in particular the Commission on Women; she also asked for information on the relationship between the Commission on Women and the Committee on Equal Opportunities. She asked for additional information on what education programmes were being conducted on gender issues.

Another Expert asked for an elaboration on the limitations and restrictions on economic, social and cultural rights in Hong Kong. He also asked whether the realization of economic, social and cultural rights in Hong Kong had either improved or worsened since the Special Administrative Region was established in 1997.

Concerning refugees, an Expert noted that in Hong Kong there was no specific legislation on refugees and asked whether Hong Kong was considering establishing a law on asylum seekers and/or refugees. Another Expert asked to what extent the 1951 Convention of Refugees applied to Hong Kong.

Response by Delegation

Regarding the interpretation of the "Basic Law", the delegation noted that on 6 April this year, the Acting Chief Executive of Hong Kong had submitted a proposal to the State Council of China recommending that it provide clarification on its interpretation of the relevant provisions of the "Basic Law" in order to ensure that the Chief Executive of Hong Kong would be elected freely and fairly. The Acting Chief Executive of Hong Kong was able to make proposals on how to deal with these issues entirely in accordance within the arrangements enshrined in the "Basic Law", as well as within the Constitution of China. Covenant rights were not directly enforceable given the administrative status of Hong Kong.

As to court cases which had invoked the Covenant, the delegation said there were five cases, three of which involved the right to family life as contained in the Covenant. In two of these cases, the courts had determined that the Covenant would be taken into account in the adjudication of these cases.

In response to a question on gender issues, the delegation noted that several seminars had been organized on gender mainstreaming for Government officials working in the area of policy formulation. An evaluation mechanism was also being drawn up at present on gender mainstreaming. The Commission on Women had proved successful given the level of women's participation in advisory bodies in Hong Kong; the figure had increased from 19 to 23 per cent in the past year. Women's empowerment programmes were also being conducted which aimed to reach as many women in Hong Kong as possible through a public information campaign. As to domestic violence legislation, the Commission on Women also played a role in improving the situation of domestic violence. At present, the Commission was examining the existing legislation on those issues to see how it could be improved.

On the economic, social and cultural rights of migrants in Hong Kong, the delegation said there was a need to regulate migration policies to deal with the huge influx of migrant workers entering Hong Kong from mainland China. The rights and freedoms of Hong Kong residents were not restricted. The law had been improved in terms of implementing the Covenant in various respects; the increase in the age of criminal responsibility was one example, and there were moves to enhance legislation on racial discrimination.

In response to a question, the delegation noted that the Hong Kong Government was currently considering the establishment of a human rights commission. There were three statutory bodies dealing with human rights issues in Hong Kong at present: the Equal Opportunities Commission, the Office of the Ombudsman, and the Privacy Commissioner. As to Hong Kong's legislation on racial discrimination, the delegation said a Bill would be introduced by the end of this year on the matter.

Concerning refugees in Hong Kong, the delegation said given its economic prosperity, there had been a long-standing policy in Hong Kong not to grant persons asylum. Moreover, Hong Kong had not signed the 1951 Convention on Refugees. However, there were mechanisms in place for persons requesting refugee status which referred such cases to the United Nations High Commissioner for Refugees. The persons were able to remain in Hong Kong until the settlement was resolved through the UNHCR. With regard to education, the Office of the Director of Immigration made provisions for the education of children of asylum seekers.

In response to a follow-up question, the delegation said that Hong Kong was not able to sign the Convention on Refugees given its administrative status. Concerning the "Basic Laws" of Hong Kong, a member of the delegation noted that the application of international agreements signed by China in its administrative regions were decided by the central Government according to the situation and needs of the administrative region after soliciting the views of the administrative region.

Questions Raised by Experts on Labour Issues; the Protection of Family, Mothers and Children; the Right to an Adequate Standard of Living; the Right to Health; the Right to Education; and the Right to Take Part in Cultural Life

An Expert asked for clarification on Hong Kong's proposed adjustments to minimum wage standards.

Another Expert asked for information on the right to strike and the right to form trade unions in Hong Kong. In particular, information was sought on the rights of workers to representation in terms of discrimination; labour relations, in terms of conflicts; and the reasons why Hong Kong had not created trade unions in the areas of agriculture, mining and fisheries.

An Expert asked the delegation for information on social security and welfare benefits, in particular for elderly persons and migrants, and on unemployment benefits.

Another Member of the Committee raised questions concerning unemployment rates; general conditions of work; remuneration; minimum wages; and working hours. He asked for information on working and living conditions for foreign female domestic workers. He referred to the "two week rule", which allowed for domestic workers to stay in Hong Kong for a period of two weeks after they ended their employment in order to look for new work; afterwards, they had to return to their country of origin. He asked for more information in that regard. He also noted that there were some 200,000 to 300,000 people in this category. He also sought information on the situation of "caged homes" for foreign workers.

Another Expert asked whether Hong Kong had considered amending its Criminal Code which subjected young children to penalties. She also asked the delegation whether there had been any legislation foreseen on the issue of reproductive health and whether information was provided to young people on reproductive health. She asked for information on Hong Kong's results in reducing environmental pollution.

Other Experts asked questions on medical welfare measures; equal access to medical services for men and women; water pollution and sewage; and mental health services. An Expert asked specifically for information on the length of detention for mentally ill persons and whether there was a court procedure to protect mentally ill persons who were detained.

Concerning poverty, an Expert noted that the situation of poverty had worsened since 2001, given the arrival of new immigrants from mainland China, among other things. He asked how Hong Kong identified those living in conditions of poverty; according to a report, 18 per cent of the households in Hong Kong fell below the poverty line.

While referring to incidents where members of the Falun Gong group were detained and in some cases tortured by the police for holding peaceful demonstrations, an Expert asked the delegation about the status of Falun Gong in Hong Kong.

Response by Delegation

In response to a question, the delegation said unemployment rates in Hong Kong had improved in recent years. The wages of workers in Hong Kong was among the highest in the region. All questions concerning conditions of work were put to the Labour Advisory Board for their review, which was handled under a tripartite structure between representatives of the Government, workers and employers. A guide had also been produced setting standards for workplace safety.

Concerning an increase in working hours, the delegation noted that the problem was largely as a result of globalization factors. The Government was continuing its efforts to improve the situation of long work hours through tripartite meetings.

On the right to strike and trade unions, the delegation noted that Hong Kong's "Basic Law" stated that residents of Hong Kong had the rights to freedom of association, demonstration, to join trade unions, and the right to strike, among other things. The only grounds by which the police were able to ban, restrict or impose conditions on demonstrations were if they posed a civil disturbance or threat to public safety. The delegation further noted that trade union activities were on the rise with over 600 registered trade unions in Hong Kong.

On the issue of domestic workers, the delegation noted that members of this category of workers were entitled to the same benefits as those afforded to local workers, including access to legal recourse. As for the "two week rule", the delegation noted that the rule was intended to discourage domestic workers from taking illegal work, but they were not prohibited from re-entering the territory of Hong Kong after they returned to their country. The State was very lenient in allowing domestic workers to remain in Hong Kong, they added; only five per cent of the applications received requesting a change of employer were rejected.

Regarding the so-called "caged homes" for foreign workers, the delegation noted that most of the residents in these homes were entitled to public rental housing as an alternative, but many chose to remain in these homes. The Home Affairs Department and non-governmental organizations had also provided several hostels for these people. Efforts were being undertaken to ensure that these bed-space apartments were functioning well. Due to the scarcity of land for housing developments in Hong Kong, many of these housing settlements were far away from urban areas.

Concerning persons with mental illness in detention, the delegation said there was an independent mental health review tribunal to review the orders for the detention of a patient, which could be requested by the patient or their relatives. Cases were also periodically reviewed by the tribunal and by the correctional facility. The patient was also able to go to the courts to appeal the detention.

As to a question on poverty, the delegation said a Commission on Poverty was appointed to look at the situation of poverty in Hong Kong. Currently, the social security scheme was assisting those living in impoverished conditions. The Commission, which was made up of members of civil society and non-governmental organizations, was now deliberating on a series of indicators to measure the situation of poverty in Hong Kong, both in qualitative and quantitative terms. It covered children, elderly and the working population, as well as a number of areas, including income levels and other relevant economic indicators. The Commission was looking into the possibility of creating a community-based approach to dealing with this situation.

In response to another question, the delegation noted that over 90 per cent of the elderly in Hong Kong were covered by the old-age welfare system and security protection schemes.

Concerning the question raised on Falun Gong, the delegation said there had been no repression of Falun Gong members in Hong Kong and the organization was not banned. Members of the organization were free to exercise their Constitutional rights in accordance with the general laws of Hong Kong. There had only been one case brought against a member of Falun Gong in 2002 which had led to a prosecution and conviction concerning an assault on a police officer.

Discussion on the Initial Report of the Macao Special Administrative Region

Questions Raised by Experts on Non-discrimination and the Equal Rights of Men and Women

An Expert asked for clarification about the work of the Commission against Corruption and the follow-up given to the results of its investigations.

Another Expert asked for information on cross-cutting gender policies in Macao and on any legislation governing gender equality, as well as affirmative action measures so as to ensure gender equality. She also asked what resources were available to institutions to deal with this issue, including family planning, reproductive health and maternal health. She asked for an elaboration on Macao's policy to combat domestic violence.

An Expert asked whether there was a human rights institution in Macao where a person could turn to if they claimed to be the victim of a human rights violation.

Another Expert asked for information on any laws that existed to combat sexual harassment and to protect victims of such cases.

Response by Delegation

In response to a question about the applicability of the Covenant, the delegation said the Covenant itself had become a source of law in Macao and as such it took precedence over domestic laws. There were cases where the Covenant had been invoked before the courts in Macao. In response to a related question, the delegation noted that the Office of the Ombudsman was a human rights body which applied the Covenant and victims of human rights violations could approach it.

In response to a question, the delegation noted that there was nothing similar to a women's commission in Macao. There were still problems in terms of gender equality due to lack of education. Legislation in Macao did not go as far as to criminalize sexual harassment, the delegation said in response to another question.

Concerning family planning, the delegation said in all legislation in Macao it was clearly stipulated that a family could decide on the number of children they wanted to have without any restrictions. On maternity leave, there was a new labour law where all labour legislation was channelled through, including maternity leave.

Regarding migrant workers, there was specific legislation that provided for social rights and protections for non-resident workers in Macao. When any company wanted to hire a non-resident they had to submit a request to the Labour Department justifying why they wanted to hire that individual. In the case of an accident related to work, as well as to those not related to work, the employer was responsible for medical expenses.

As to domestic violence, the delegation noted that from 2000 to 2004, the number of domestic violence cases had reached 1,559. In order to cope with this problem, the Social Welfare Institute had opened an office for the Family Unit, which offered services to victims of domestic violence.

Questions by Experts on Labour Issues; the Protection of the Family, Mothers and Children; the Right to an Adequate Standard of Living; the Right to Health; the Right to Education; and the Right to Cultural Life

An Expert asked for additional information on the equal rights of migrant workers, who accounted for some 20 per cent of the working population of Macao, given that they were excluded from social protection schemes.

Another Expert asked for additional information on the right to health and specifically on reasons for the increase in certain diseases in Macao, including tuberculosis. He also asked for information about access to clean drinking water and sanitation.

An Expert asked for an explanation as to how unemployment had dropped in recent years. Others asked for information on minimum wage standards; trade unions; the possibility of collective bargaining; social security measures; child labour policies; education for children of migrant workers; and trafficking in human beings, particularly women and girls.

Response by Delegation

In response to a question about children of migrants, the delegation noted that there were some 1,500 children fitting into this category. After the handover of authority in Macao, efforts were taken to enable these children to be integrated into the school system. As a result, 1,200 had been accepted into the school system. All the schools in the region were authorized to accept these children.

There were only a few cases of trafficking in persons, the delegation said in response to a question. It had proved very difficult to find concrete evidence to prosecute such cases.

Concerning cultural heritage, the delegation said there was an extensive list of protected heritage sites in Macao.

On the issue of unemployment, the delegation said the liberalization of the gaming industry, which had brought about many new job opportunities, and the economic growth in the region, were the main reasons as to why the unemployment rate had decreased in recent years.

In response to a question, the delegation said the region had set up a social assistance benefit fund which provided monthly payments to elderly persons.

There was no problem of child labour in Macao and minors were only allowed to work after the age of 16, the delegation said in response to a question.

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For use of the information media; not an official record