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Statements Office of the High Commissioner for Human Rights
“Punishment of Minor Crimes” Workshop (Beijing, 26-27 February 2001)
Opening address by Mary Robinson, United Nations High Commissioner for Human Rights
26 February 2001
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Excellencies, Ladies and Gentlemen,
I am glad to return to Beijing again to address the opening session of this workshop on the theme of “Punishment of Minor Crimes”. This workshop marks the first step in the implementation of the Memorandum of Understanding on technical cooperation between my Office and the Government of the People’s Republic of China.
The Memorandum of Understanding was signed on 20th November 2000. It is the expression of both parties’ commitment to strengthening China’s involvement in international cooperation, with the aim of improving the promotion and protection of human rights in China through, inter alia, the ratification and implementation of international human rights treaties. The MOU is not an end in itself. Its success will be judged by the practical results achieved. We must see it as the start of a qualitatively different process of cooperation between China and my Office in the field of human rights, aimed at facilitating the process of harmonization of laws and practices with international human rights standards.
Let me say a few words at the outset about international human rights norms and standards. As the Vienna Declaration of 1993 stated: “Human rights and fundamental freedoms are the birthright of all human beings”. These rights are distilled in an impressive body of international law as “a common standard of achievement for all peoples and all nations”, in the language of the Universal Declaration of Human Rights. The rights and freedoms set forth in the Universal Declaration, the two covenants and the other human rights treaties are to be enjoyed by all without distinction of any kind, whether of race, color, sex, language, religion, political or other opinion, national or social status, property, birth or other status.
The task which all countries face is to implement international human rights standards and reflect them in laws and practices. In my role as United Nations High Commissioner for Human Rights I have a particular responsibility to foster a shared commitment at the international level to further the protection and promotion of human rights and to see that commitment translated into implementation at the national level. Almost by definition, and certainly according to the Charter, the United Nations exists to promote human rights. My mandate calls on me to enhance international cooperation for the promotion and protection of human rights and to coordinate human rights promotion and protection activities throughout the United Nations system.
It is in this context that I signed the MOU on technical cooperation with China. In the course of this year, as part of the first phase of implementation of the MOU, there will be activities in the areas of human rights education, human rights and police and punishment of minor crimes.
This workshop provides an opportunity to demonstrate the spirit of the Memorandum of Understanding in a practical way. We are meeting to share legal expertise, best practices and comparative analysis. There is a well known Chinese expression: let hundreds of schools of thought flourish. In this spirit, we have gathered international experts from various countries. They are here to share with their Chinese colleagues their knowledge and experience.
I met the international and Chinese experts yesterday, and I have read the papers prepared by the international experts. It is clear that there is serious substance to this workshop, which falls within the overall heading of the administration of justice. This is one of the four key areas of cooperation mentioned in the MOU. The administration of justice is of the highest importance as is evidenced by the fact that it is the subject of so many human rights standards and procedures. Indeed, it can be said that the way in which justice is administered is a key benchmark of a country’s commitment to human rights.
Without prejudice to the conclusions of the workshop, I would like to share some views with you.
The objective of looking at the issue of punishment of minor crimes is to seek to identify possible ways and means of assisting China to develop law and practice in this area that is in keeping with international human rights standards. In 1998 China signed the International Covenant on Civil and Political Rights, and as part of the ratification process it will be examining in detail Articles 9 and 14 which are of particular relevance to this workshop.
Punishment of minor crimes touches upon issues that are of acute concern to everyone, especially the issue of re-education through labor. The human rights implications of the practice of administrative detention have been of major concern to my Office and to the UN’s human rights mechanisms. I would refer, for example, to the views which the UN Committee against Torture gave in May 2000 on the third periodic report submitted by China. After reviewing the report, the Committee against Torture recommended that China abolish all forms of administrative detention. I would also recall the view of the UN Working Group on Arbitrary Detention, which deemed reeducation through labour “inherently arbitrary”.
The concept and practice of re-education through labor has a long history in China. But attitudes towards the administration of justice have changed both in the world at large and here in China too. I have noticed myself during my visits to China the changes that are taking place every day in this country. I note with great interest your efforts to strengthen the rule of law and to build up a culture of respect for the rule of law. I can assure you of my support in this. In that context, I believe that a serious review leading to the abolition of the practice of reeducation through labor is justified. The concept of using forced labor as a punishment is against the accepted international human rights principles embodied in many international instruments. At the same time, a significant indicator of a society where the rule of law is fully and completely respected is that citizens should be free from the threat of arbitrary detention.
China can illustrate its commitment to human rights by seriously reviewing the issue and by ensuring that its law and practices meet international standards. I understand that the issue of reeducation through labor is currently under review by the National People’s Congress, particularly to ensure conformity with the Laws on Administrative Punishment and on Legislation, adopted in 1996 and 2000 respectively. I hope that this workshop can contribute to the process of that review and ensure it also conforms with international human rights standards China has committed itself to abide by. I shall follow this process with great interest.
I would encourage the participants in this workshop to take an open-minded approach to this very timely discussion. It is important to have such a valuable opportunity to share views and practices. It is of more importance that everyone benefits from the experience. We share with our Chinese partners the wish to see concrete results from this dialogue.
I am aware that the time available for the workshop is limited – a day and a half. Three aspects of the topic will be discussed: the concept of punishment of minor crimes, comparative studies and practices in regard to punishment of minor crimes in various legal systems and protection of human rights in the context of punishment of minor crimes. There is a lot to discuss but intensive work during the time at our disposal can bring tangible results.
My concerns focus on four key areas: the fact that there is no judicial review or process to review evidence and allow for the presentation of a defense; the vagueness of the offences punishable by reeducation though labour; the severity of punishment, even in comparison with criminal punishment; and the fact that local governments incorporate reeducation through labour in local regulations.
I said that I see the workshop as the start of a process of deepening dialogue and cooperation under the auspices of the Memorandum of Understanding. One of the outcomes I would welcome is that the discussions begun at this workshop be carried forward and built on. There is a lot of expertise present here today and we should make use of that fact both for our present deliberations and in a follow up process for the future. My Office will be happy to develop such a follow up on issues and initiatives that emerge from the workshop. One such idea is that international and national experts will continue to follow the process closely: both the evolution of legislation in the National People’s Congress and the daily practice of reeducation through labour. I am considering the convening of a follow up meeting with these experts in Geneva already next month. I hope that through our joint efforts we can achieve our common objective – to promote and protect human rights.
I wish all of us a successful workshop and I thank the Ministry of Foreign Affairs for the very efficient preparations.
Thank you
I am glad to return to Beijing again to address the opening session of this workshop on the theme of “Punishment of Minor Crimes”. This workshop marks the first step in the implementation of the Memorandum of Understanding on technical cooperation between my Office and the Government of the People’s Republic of China.
The Memorandum of Understanding was signed on 20th November 2000. It is the expression of both parties’ commitment to strengthening China’s involvement in international cooperation, with the aim of improving the promotion and protection of human rights in China through, inter alia, the ratification and implementation of international human rights treaties. The MOU is not an end in itself. Its success will be judged by the practical results achieved. We must see it as the start of a qualitatively different process of cooperation between China and my Office in the field of human rights, aimed at facilitating the process of harmonization of laws and practices with international human rights standards.
Let me say a few words at the outset about international human rights norms and standards. As the Vienna Declaration of 1993 stated: “Human rights and fundamental freedoms are the birthright of all human beings”. These rights are distilled in an impressive body of international law as “a common standard of achievement for all peoples and all nations”, in the language of the Universal Declaration of Human Rights. The rights and freedoms set forth in the Universal Declaration, the two covenants and the other human rights treaties are to be enjoyed by all without distinction of any kind, whether of race, color, sex, language, religion, political or other opinion, national or social status, property, birth or other status.
The task which all countries face is to implement international human rights standards and reflect them in laws and practices. In my role as United Nations High Commissioner for Human Rights I have a particular responsibility to foster a shared commitment at the international level to further the protection and promotion of human rights and to see that commitment translated into implementation at the national level. Almost by definition, and certainly according to the Charter, the United Nations exists to promote human rights. My mandate calls on me to enhance international cooperation for the promotion and protection of human rights and to coordinate human rights promotion and protection activities throughout the United Nations system.
It is in this context that I signed the MOU on technical cooperation with China. In the course of this year, as part of the first phase of implementation of the MOU, there will be activities in the areas of human rights education, human rights and police and punishment of minor crimes.
This workshop provides an opportunity to demonstrate the spirit of the Memorandum of Understanding in a practical way. We are meeting to share legal expertise, best practices and comparative analysis. There is a well known Chinese expression: let hundreds of schools of thought flourish. In this spirit, we have gathered international experts from various countries. They are here to share with their Chinese colleagues their knowledge and experience.
I met the international and Chinese experts yesterday, and I have read the papers prepared by the international experts. It is clear that there is serious substance to this workshop, which falls within the overall heading of the administration of justice. This is one of the four key areas of cooperation mentioned in the MOU. The administration of justice is of the highest importance as is evidenced by the fact that it is the subject of so many human rights standards and procedures. Indeed, it can be said that the way in which justice is administered is a key benchmark of a country’s commitment to human rights.
Without prejudice to the conclusions of the workshop, I would like to share some views with you.
The objective of looking at the issue of punishment of minor crimes is to seek to identify possible ways and means of assisting China to develop law and practice in this area that is in keeping with international human rights standards. In 1998 China signed the International Covenant on Civil and Political Rights, and as part of the ratification process it will be examining in detail Articles 9 and 14 which are of particular relevance to this workshop.
Punishment of minor crimes touches upon issues that are of acute concern to everyone, especially the issue of re-education through labor. The human rights implications of the practice of administrative detention have been of major concern to my Office and to the UN’s human rights mechanisms. I would refer, for example, to the views which the UN Committee against Torture gave in May 2000 on the third periodic report submitted by China. After reviewing the report, the Committee against Torture recommended that China abolish all forms of administrative detention. I would also recall the view of the UN Working Group on Arbitrary Detention, which deemed reeducation through labour “inherently arbitrary”.
The concept and practice of re-education through labor has a long history in China. But attitudes towards the administration of justice have changed both in the world at large and here in China too. I have noticed myself during my visits to China the changes that are taking place every day in this country. I note with great interest your efforts to strengthen the rule of law and to build up a culture of respect for the rule of law. I can assure you of my support in this. In that context, I believe that a serious review leading to the abolition of the practice of reeducation through labor is justified. The concept of using forced labor as a punishment is against the accepted international human rights principles embodied in many international instruments. At the same time, a significant indicator of a society where the rule of law is fully and completely respected is that citizens should be free from the threat of arbitrary detention.
China can illustrate its commitment to human rights by seriously reviewing the issue and by ensuring that its law and practices meet international standards. I understand that the issue of reeducation through labor is currently under review by the National People’s Congress, particularly to ensure conformity with the Laws on Administrative Punishment and on Legislation, adopted in 1996 and 2000 respectively. I hope that this workshop can contribute to the process of that review and ensure it also conforms with international human rights standards China has committed itself to abide by. I shall follow this process with great interest.
I would encourage the participants in this workshop to take an open-minded approach to this very timely discussion. It is important to have such a valuable opportunity to share views and practices. It is of more importance that everyone benefits from the experience. We share with our Chinese partners the wish to see concrete results from this dialogue.
I am aware that the time available for the workshop is limited – a day and a half. Three aspects of the topic will be discussed: the concept of punishment of minor crimes, comparative studies and practices in regard to punishment of minor crimes in various legal systems and protection of human rights in the context of punishment of minor crimes. There is a lot to discuss but intensive work during the time at our disposal can bring tangible results.
My concerns focus on four key areas: the fact that there is no judicial review or process to review evidence and allow for the presentation of a defense; the vagueness of the offences punishable by reeducation though labour; the severity of punishment, even in comparison with criminal punishment; and the fact that local governments incorporate reeducation through labour in local regulations.
I said that I see the workshop as the start of a process of deepening dialogue and cooperation under the auspices of the Memorandum of Understanding. One of the outcomes I would welcome is that the discussions begun at this workshop be carried forward and built on. There is a lot of expertise present here today and we should make use of that fact both for our present deliberations and in a follow up process for the future. My Office will be happy to develop such a follow up on issues and initiatives that emerge from the workshop. One such idea is that international and national experts will continue to follow the process closely: both the evolution of legislation in the National People’s Congress and the daily practice of reeducation through labour. I am considering the convening of a follow up meeting with these experts in Geneva already next month. I hope that through our joint efforts we can achieve our common objective – to promote and protect human rights.
I wish all of us a successful workshop and I thank the Ministry of Foreign Affairs for the very efficient preparations.
Thank you