Foreword
The year 2004 is an important year for China in building a well-off
society in an all-round way. It is also a year that saw all-round
progress in China's human rights undertakings.
In that year, China expressly stated in its Constitution that
"The state respects and safeguards human rights," further
manifesting the essential requirements of the socialist system.
The Chinese government pressed forward on promoting administration
according to law in an all-round way. It promulgated the document
"Outline of Full Implementation for Promoting Administration
According to Law," which clearly states that China must basically
realize the goal of establishing a government under the rule of
law after making sustained efforts for about 10 years. A series
of effective measures were adopted to standardize and restrain
administrative power, and to safeguard and protect citizens' rights
and interests. The Communist Party of China (CPC) adopted the
"Decision on Strengthening the Party's Governing Capability,"
which stresses that state power should be exercised in a scientific
and democratic manner within the framework of the law, and that
human rights should be respected and protected.
In 2004, China adhered to the scientific view of development by
putting people first, and made every effort to build a harmonious
society. New progress was achieved in its reform, opening-up and
modernization drive. Along with continuous economic growth, more
democratic practices were seen in the political arena, and the
society progressed in a comprehensive way. Further improvements
were made in people's living standards, and China's human rights
conditions were continuously improved and developed in all fields.
China is a developing country, and its human rights conditions
are in a process of sustained development and perfection. The
Chinese government pays special attention to respecting and safeguarding
human rights. It will take effective measures to promote the development
of human rights and to raise the level of human rights and basic
freedom enjoyed by the Chinese people.
To help the international community toward a better understanding
of the human rights situation in China, we hereby present an overview
of the developments in the field of human rights in China in 2004.
I. People's Rights to Subsistence and Development
In 2004, China's economy developed steadily and relatively rapidly,
and people's rights to subsistence and development were improved
considerably. China's gross domestic product (GDP) reached 13,650
billion yuan, an increase of 9.5 percent over the previous year.
Total grain output in 2004 reached 469.5 billion kg, an increase
of 9 percent over the previous year.
The people's overall living standard and quality of life were
improved considerably, and the consumption pattern of the society
continued its shift from one of basic living to one of modern
living. In 2004, the per-capita net income for rural residents
was 2,936 yuan, an increase of 6.8 percent in real terms and the
biggest increase since 1997. The per-capita disposable income
of urban residents was 9,422 yuan, an increase of 7.7 percent
in real terms. Retail sales of consumer goods totaled 5,400 billion
yuan, an increase of 13.3 percent. The Engel coefficient (i.e.,
the proportion of food expenditure in the total consumption spending)
per rural and urban household was 47.2 and 37.7 percent, respectively.
The number of private cars kept increasing, reaching 6 million
at the year's end, making China a market with the quickest increase
in the number of private cars in the world. Over the past four
years, China has witnessed an addition of 90 million telephone
users annually, and in 2004 some 14.5 million new Internet users
were recorded in China. At present, there are more than 650 million
telephone users and over 94 million Internet users in China.
The state adopts effective measures to increase input into agriculture
and spares no pains to increase farmers' incomes and improve their
lives. In February 2004, the Central Committee of the CPC and
the State Council jointly promulgated document No. 1, known as
"Opinions on Several Policies to Promote Increase of Farmers'
Incomes," which explicitly stated that China must adhere
to the strategy of comprehensive development of urban and rural
areas and the principle of "giving more, taking less, and
being flexible," and that it is a basic task to realize,
safeguard and develop farmers' material interests and protect
their rights and interests. Within a year, the state formulated
a series of policies that were well endorsed by the farmers, directly
contributing to the increase of their incomes. At the beginning
of 2005, the Central Committee of the CPC and the State Council
again promulgated, in the form of document No. 1, "Opinions
on Several Policies on Further Strengthening Agricultural Work
and Enhancing the Comprehensive Agricultural Productive Capability,"
deciding to further intensify efforts in implementing the policies
of cancellation of special agricultural product tax, reduction
or exemption of agricultural tax, providing direct subsidies to
grain growing farmers, for quality seeds for four grain crops,
and for those who buy large or medium-sized agricultural vehicles
or equipment (abbreviated as "two reductions and exemptions"
and "three subsidies") so as to further guarantee the
rights and interests of the farmers. The state greatly increased
its input into agriculture, rural construction and other undertakings
that would help increase farmers' incomes. In 2004, the central
government appropriated funds worth 262.6 billion yuan for these
purposes, an increase of 22.5 percent over the previous year.
Statistics show that 11.6 billion yuan was used as direct subsidies
for grain growing farmers in major grain-producing areas; 2.8
billion yuan was used as subsidies for quality rice, corn, soybean
and wheat seeds; 500 million yuan was allocated as special subsidies
to appropriately assist farmers who bought large agricultural
vehicles or equipment. Meanwhile, greater efforts were made to
reduce or exempt agricultural taxes. In 2004, the amount of agricultural
taxes that were reduced or exempted came to 23.3 billion yuan,
and 6.8 billion yuan in special agricultural product tax was cancelled.
The farmers were relieved of tax burdens, which totaled 30.1 billion
yuan. Throughout the country, 150 million farmers no longer pay
agricultural tax, the rate of agricultural tax for 540 million
farmers was reduced by three percentage points, and the agricultural
tax rate was reduced by one percentage point for the rest of the
farmers.
The housing conditions and living environment for urban and rural
residents have been improved considerably. China actively promotes
the development of an urban housing security system, which comprises
the system of publicly accumulated housing funds, system of affordable
and functional housing, and the system of low-rent housing. By
the end of 2004, the low-rent housing system for minimum-income
families was established in 35 large and medium-sized cities.
By the end of 2003, the per-capita living space in cities and
towns reached 23.7 sq m, and it was 27.2 sq m in rural areas.
Families and communities began to realize the importance of environmental
protection, and the people's living environment was further improved.
The Chinese government continues to take effective measures to
help the rural poor shake off poverty. In 2004, the central government
earmarked 12.2 billion yuan as funds to aid the poor. By adopting
effective measures such as improving production and living conditions
in the poor areas, and enhancing the comprehensive quality of
poor rural farmers, the government has greatly reduced the number
of poor farmers without adequate food and clothing throughout
the country. The population of poor farmers in the countryside
was 2.9 million fewer than in the previous year. The International
Aid-the-Poor Conference convened in Shanghai in May 2004 spoke
highly of the achievements China had made in helping the poor,
declaring, "The achievements China has made in helping the
poor is a good example. It has proved that it is not an unreachable
goal for mankind to eliminate poverty. The example of China will
reverse the pessimistic sentiment surrounding the argument on
poverty elimination."
The Chinese government considers the safety of life of the people
above everything else. In recent years, the state has taken a
series of measures to enhance production safety and check the
occurrence of all sorts of accidents. In 2004, the state promulgated
one administrative law, 15 departmental regulations, five industrial
standards on production safety and more than 70 regulatory documents
to tackle the problem of industrial hazards. Small coal mines
and other industrial enterprises which did not meet the requirements
for production safety were resolutely shut down. The total number
of accidents of the whole year somewhat decreased. The number
of accidents and deaths throughout the country were reduced by
16.22 and 0.23 percent, respectively, compared with the previous
year. The state made great efforts to guarantee safety in coal
mines, including preventing gas explosions. It strengthened the
establishment of safety production systems and mechanisms and
exerted concentrated efforts to tackle gas-related accidents in
coal mines. As a result, the number of gas-related accidents in
coal mines dropped by 15.6 percent, and that of deaths by 7.8
percent.
The state attaches great importance to combating natural disasters
and carrying out related relief work, making sure that people
hit by natural disasters are able to subsist. In 2004, natural
disasters caused great damage throughout China. Serious flooding
occurred in some medium and small river basins, coastal areas
in Zhejiang Province were devastated by the strongest typhoon
since 1956, and in some regions mountain torrents, mud-rock flows
and landslides happened frequently. Because the government had
improved its early-warning systems, exercised scientific command
and effective administration, people in the disaster-stricken
areas were evacuated and resettled promptly, and the injured received
timely treatment. The Ministry of Civil Affairs and the Ministry
of Finance jointly appropriated 4 billion yuan in relief funds,
plus 4.89 million yuan in donated funds, and dispatched 31,000
tents to the disaster-stricken areas. The government helped evacuate
and resettle 6.11 million disaster victims, and rebuilt more than
1.4 million houses that had been destroyed in the disasters. During
the spring and winter of 2004, when crops were not harvested,
some 90 million people received relief aid, and their fundamental
needs for food, clothing, lodging, water and medical treatment
were met.
The state continues to provide special aid to minimum-income urban
families whose members either suffer from critical illness or
are seriously handicapped and without any financial income. To
carry out the "Measures for Assisting and Managing Urban
Vagrants and Beggars with No Means of Livelihood," in 2004
a total of 550,000 vagrants and beggars received much-needed assistance
from the government. Now there are 909 assistance and management
centers across the country and 130 assistance and protection centers
for vagrant children. A system of guaranteeing the minimum standard
of living for rural residents has been established in 1,206 counties
(cities), with 4,960,000 beneficiaries.
China attaches great importance to the health conditions of the
people. The national public medical care network has been strengthened
further. In 2004, China had 296,000 health care institutions,
3,047,000 hospital and clinic beds, 4,390,000 medical personnel,
and 3,586 disease prevention and control centers (including anti-epidemic
stations) with 160,000 medical personnel. Moreover, there were
1,279 health care supervision and examination institutions with
26,000 medical personnel, and 42,000 township clinics with 669,000
beds and 881,000 medical personnel. A new rural cooperative medical
service system has been tried out in 333 counties (cities) across
the country. It covers about 100 million rural residents so far,
including 80.4 million farmers.
The state has strengthened its overall supervision over food and
drugs. It cracks down heavily on such illegal and criminal acts
as the manufacture and sale of counterfeit and inferior foodstuffs
and drugs, and poisonous and harmful foodstuffs in order to ensure
the safety of consumers. Meanwhile, it has adopted effective measures
to prevent, treat and control serious epidemics. It quickly brought
under control and eventually eliminated the SARS epidemic that
occurred in Guangdong, Beijing and part of Anhui Province. The
State Council has issued the "Notice on Enhancing the Prevention
and Treatment of AIDS." A working committee on the prevention
and treatment of AIDS was set up, and a national conference on
the prevention and treatment of AIDS was held. The state has provided
free anti-AIDS medicine to patients among farmers and to other
patients in straitened circumstances. In AIDS-prevalent areas,
people receive anonymous examinations free of charge, and pregnant
women with the HIV virus receive free medical screening to prevent
them from spreading the virus to their babies. Orphans of AIDS
patients are exempted from paying school fees, and financial support
is given to needy AIDS patients. President Hu Jintao has visited
AIDS patients in hospitals, showing that the state attaches great
importance to the prevention and treatment of AIDS and that it
cares about AIDS patients.
To ensure the people's health and safety, and to protect their
interests and right to enjoy a wholesome environment, the state
revised the "Law on the Prevention and Control of Environmental
Pollution by Solid Waste," issued the "Measures on the
Licensed Management of Dangerous Waste," "Measures Regarding
Administrative Penalties for and Management of Medical Waste"
and the "National Plan for the Construction of Installations
for the Disposal of Dangerous and Medical Waste." In order
to ensure the people's health and protect the environment, the
government launched a special campaign to rectify and punish enterprises
which illegally discharged pollution. In the campaign, it dealt
with 3,365 severe cases of environmental pollution that seriously
harmed people's rights and interests, and closed down 6,462 enterprises
that seriously polluted the environment. With this effective crackdown,
the environmental quality of some areas was improved noticeably.
At present, the general health of the Chinese people is better
than that of the average level of middle-income countries, and
ranks among the top of the developing countries in this respect.
The average life expectancy has increased from 35 years before
the birth of New China in 1949 to the present 71.4 years. The
mortality rate of women in childbirth has dropped from 1,500 out
of 100,000 in 1949 to 51.3 out of 100,000 in 2003, and the infant
mortality rate from 200¡ë before the birth of New China to 25.5¡ë
in 2003.
II. Civil and Political Rights
In 2004, China adhered to the road of political development with
Chinese characteristics. It actively promoted democracy in political
affairs and the building of political civilization to guarantee
the citizens' civil and political rights.
The National People's Congress (NPC) and the local people's congresses
at various levels are the organs through which the people exercise
state power. The NPC and its Standing Committee are playing a
more and more important role in governing the country according
to law and guaranteeing the people's democratic rights. The amendments
to the Constitution adopted at the Second Session of the Tenth
NPC in 2004 added many new provisions to the Constitution that
are closely related to human rights. In 2004, the NPC Standing
Committee examined drafts of 33 laws, interpretations of laws
and decisions related to legal issues, and adopted 25 of them,
providing further legal guarantee for economic and social development
and human rights. Of them, the amended Law of Election of the
NPC and Local People's Congresses further improved the election
system, standardized the election procedures, and expanded and
guaranteed the citizens' right of election. The amendments made
to the law on the prevention and treatment of epidemics focused
on the prevention of and early warning on epidemics, strengthened
control over the spread of epidemics and medical treatment measures,
and provided greater guarantee for the rights of citizens, sufferers
from infectious diseases, and actual and suspected virus carriers.
The recently adopted decision on the improvement of the system
of people's jurors increased the transparency of the activities
of the judicial departments, strengthened citizens' supervision
over such activities and provided a guarantee for the procedural
rights of citizens.
The NPC and its Standing Committee have strengthened supervision
over the administrative and judicial organs as well as examination
of the enforcement of laws, and support and encourage relevant
state organs to do their duty and exercise their power according
to law so as to safeguard the interests of the general public.
In 2004, the NPC Standing Committee examined the enforcement of
six laws, including the "Land Management Law," "Law
on Compulsory Education" and "Trade Union Law."
It examined and deliberated 11 work reports of the State Council,
the Supreme People's Court and the Supreme People's Procuratorate
about the establishment and improvement of an emergency mechanism
concerning public health contingencies and the building of courts
and procuratorates at the grass-roots level. Throughout the year,
the NPC Standing Committee received more than 40,000 people seeking
help from higher authorities for their problems, handled more
than 60,000 petitions, and urged relevant departments and local
governments to solve some of the problems that had caused great
discontent among the masses, thus guaranteeing the citizens' right
to appeal to higher authorities, file a charge and report an offence
as provided for in the Constitution. During the Third Session
of the Tenth NPC, convened in 2005, deputies submitted a total
of 991 bills, an increase of 54.6 percent over those submitted
during the Second Session of the Tenth NPC, convened in 2004.
The bills touched upon the enactment or revision of laws on food
safety, compulsory education, social security, land management,
etc.
The system of multi-party cooperation and political consultation
under the leadership of the Communist Party of China is a basic
political system in China. A political party system with Chinese
characteristics, it has played an ever greater role in the political
life of the state. In 2004, the National Committee of the Chinese
People's Political Consultative Conference (CPPCC) performed its
functions of participating in the discussion and administration
of state affairs, exercised its democratic rights and carried
out democratic supervision through its regular work of making
proposals, and inspections and investigations into specific issues,
and reflecting public opinion. The CPPCC National Committee organized
people to make revisions to the "Regulations on the Work
of Making Proposals of the National Committee of the Chinese People's
Political Consultative Conference," thus helping make the
work of making proposals constitutionalized, standardized and
in line with prescribed procedures. In the past year, the CPPCC
National Committee received 4,478 bills submitted by its members
and participating organizations. Of these, 4,263 were accepted
for further deliberation. These bills covered such topics as the
building of democracy and the legal system, increasing the farmers'
incomes, safeguarding the legitimate rights and interests of migrant
workers, establishment of a multi-layer social security system
in the countryside, employment and re-employment, and welfare.
It organized 30 inspection groups composed of over 750 CPPCC members.
They went on inspection tours across the country, and submitted
26 reports. The various special committees of the CPPCC National
Committee made in-depth investigations into specific issues, resulting
in 68 investigative reports plus 1,390 other reports containing
important information. The central committees of all the non-Communist
parties and the All-China Federation of Industry and Commerce
submitted 115 bills and 2,503 reports concerning public opinion
and information. These bills and information were promptly dealt
with, and feedback was given. The Third Session of the Tenth CPPCC,
convened in 2005, received 4,508 bills, of which 4,375, or 97.05
percent, were accepted for further deliberation.
The building of grass-roots democracy in the countryside entered
a new phase. In 2004, the State Council issued the "Opinions
on Making Village Affairs Public and Improving the Democratic
Management System," which helped improve the system of making
village affairs public and the system of democratic management
at the grass-roots level and promote protection of ordinary villagers'
democratic rights. A democratic management system based on the
"Regulations on Villagers' Self-government" and "Village
Regulations and Agreements" was established all over the
country. A democratic decision-making system mainly in the form
of villagers' congresses and representative conferences, and a
democratic supervision system based on making village affairs
public and democratic evaluation were also established, thus considerably
raising the level of villagers' self-government within the framework
of the law. A campaign was launched to create "exemplary
villages of democratic management and rule of law." At present,
about 10 percent of villages across the country have been awarded
this honor.
The state pays special attention to guaranteeing - through petitions
and visits - citizens' right to criticize, make suggestions, appeal
to higher authorities, file a charge and report an offence. In
2004, the State Council revised the "Regulations on Petitions
and Visits." The revised edition increased the government's
responsibilities by demanding that its powers and responsibilities
should be balanced, and highlighted the principles that all matters
concerning petitions and visits should be conducted in an open
manner and be convenient for the people, and the citizens' rights
and interests must be protected. In 2004, the state created a
joint meeting system to solve the most difficult problems encountered
when handling petitions and visits, and cases involving large
numbers of people, with focus being put on problems caused by
house demolition, relocation in towns and cities, and requisition
of land in the countryside, and intensified its supervision on
the handling and solution of the problems. Correspondence and
visitation departments handled petitions conscientiously, and
received visitors in a civilized manner, and the quality of their
work further improved. The state issued the "Suggestions
on Further Involvement of Lawyers in Handling Law-Related Petitions
and Visits from the People." Lawyers were organized to provide
legal advice to help people solve their problems through legal
channels.
Citizens' freedom of information, of speech and of the press is
protected by law. At present, a three-level news briefing system
consisting of the State Council's Information Office, and various
departments of the State Council and provincial governments has
basically been established. Sixty-two departments of the State
Council have established the news briefing system, and appointed
75 spokespersons. Twenty-three provinces (autonomous regions and
municipalities directly under the central government) have established
the news briefing system, and 20 of them have appointed spokespersons.
Last year, 44 departments of the State Council gave some 270 news
conferences, and 28 provinces (autonomous regions and municipalities
directly under the central government) gave 460 news conferences.
These activities greatly increased the transparency of government
work, and helped citizens become better informed about administrative
affairs. Protection of citizens' rights to information, supervision
and participation in public affairs were further promoted. In
2004, the state enacted a series of laws and regulations to further
improve China's press system and ensure that citizens can better
exercise their right of freedom of the press.
Employees' right to participate in and organize trade unions has
been further exercised and developed. In 2004, a national check
was conducted of the enforcement of the "Trade Union Law,"
which promoted the building of trade union organizations. Special
efforts were made to establish trade unions in non-public enterprises
and have migrant workers join trade unions. The year 2004 also
saw a considerable development of grass-roots trade union organizations
and trade union members. By the end of September 2004, China had
1.02 million grass-roots trade union organizations, 115,000 more
than in the previous year, an increase of 12.6 percent. Non-public
enterprises had 459,000 trade unions, 102,000 more than in the
previous year. The number of trade union members nationwide was
137 million, 13.544 million more than in the previous year, a
growth of 11 percent. Trade unions at non-public enterprises had
55.463 million members, 14.543 million more than in the previous
year. Nationwide, 63 percent of employees had joined a trade union,
an increase of 6.2 percentage points over the previous year. The
employees' conference system was established in 369,000 enterprises
and institutions that had trade unions, involving 78.364 million
employees, an increase of 2.211 million over the previous year.
Enterprises and institutions that practiced the publicizing of
internal affairs numbered 316,000, with 70.612 million employees
involved, an increase of 4.373 million over the previous year.
Boards of directors were established in 57,000 enterprises with
grass-roots trade unions, and supervisory committees were established
in 42,000 enterprises with grass-roots trade unions. Of these,
24,000 enterprises established boards of directors including ordinary
employees, and 18,000 enterprises established supervisory committees
with employees as members. The numbers of trade union chairmen
and chairwomen who held posts on boards of directors or supervisory
committees was 25,000 and 21,000, respectively, accounting for
44.7 percent and 49.9 percent of the members of each organ.
Citizens enjoy the freedom of religious belief in accordance with
law. Religious groups, venues for religious activities, the legitimate
rights and interests of religious adherents and their normal religious
activities are protected by law. In 2004, the State Council promulgated
China's first comprehensive administrative regulation on religious
matters - "Regulations on Religious Affairs." It clearly
defines the rights of religious groups and adherents with regards
to religious activities, establishment of religious colleges and
schools, publishing of religious books and periodicals, management
of religious properties and foreign religious exchanges. It also
regulates the administrative acts of relevant departments of the
government so as to ensure that the legitimate rights and interests
of religious believers, religious groups and venues for religious
activities are not infringed upon. According to incomplete statistics,
China has now more than 100 million religious adherents, more
than 100,000 venues for religious activities, and about 300,000
clergy members. Normal religious ceremonies or rituals conducted
by ministers and all other normal religious activities - carried
out either in venues for religious activities or homes of religious
adherents in accordance with religious tradition - are taken care
of by believers themselves and protected by law. Different religions,
of their own accord, have created more than 3,000 national and
regional religious organizations. They elect their own leaders
in accordance with their own regulations and conduct religious
ceremonies independently. They also print and publish religious
classics and periodicals, and hold public welfare services. The
accumulative print run of the Bible has reached 35 million. Religious
organizations run 76 religious colleges where ministers are trained.
All religions follow the principle of running their own affairs
independently and, on the basis of equality and friendship, they
are actively engaged in exchanges and communication with religious
organizations in other countries.
III. Judicial Guarantee for Human Rights
In 2004, China strengthened its judicial reform to ensure strict
law enforcement and fair administration of justice, and guarantee
citizens' legal rights according to law.
China has cracked down on various criminal offenses in accordance
with law to protect citizens' life and the safety of their property.
From January to October 2004, the Chinese public security organs
investigated and cracked 2.004 million criminal cases. The people's
courts at all levels wound up 644,248 criminal cases of first
instance, in which 767,951 criminals were sentenced, effectively
protecting the victims' legitimate rights and interests.
Adhering to the principle of "enforcing law in the interest
of the people," the public security organs strengthened construction
of the law enforcement system to ensure that law enforcement is
strict, just and humane, improved the system of supervision over
law enforcement, and made real efforts to solve some outstanding
problems in law enforcement. From September 2003 to October 2004,
the public security organs sorted out all the public security
rules and regulations in effect since the founding of the People's
Republic of China concerning the rights and duties of citizens,
legal persons and other organizations. Among the 1,871 laws and
regulations, 558 remained, 1,077 were abolished and 164 amended.
In 2004, the public security organs worked out the "Working
Plan for Solving Outstanding Problems in Law Enforcement to Promote
the Construction of a Law Enforcement System of Public Security
Organs," which listed key problems to be solved in law enforcement
over next three years, and launched a special campaign to address
breaches of regulations in law enforcement to conscientiously
solve the problems of seizing, sealing up, freezing and confiscating
properties, giving orders for business suspension and rectification,
and revocation of business certificates and licenses in violation
of set regulations. Meanwhile, the public security organs strengthened
supervision over key links in law enforcement related to the protection
of human rights. According to statistics, in 2004, the Chinese
public security and judicial organs handled 22,976 administrative
reconsideration cases and 3,666 lawsuits, which were respectively
3.6 percent and 5.4 percent more than those of the previous year.
The quality of work in the handling of administrative cases and
level of administrative law enforcement were further improved.
The judicial organs have adopted vigorous measures to prevent
and contain extended detention. In 2004, the Chinese procuratorial
organs had no extended detention, and urged other law-enforcing
organs to correct the extended detention of 7,132 people. The
Chinese courts cleared up 873 old and new cases of extended detention
involving 2,432 people, settling all the cases save a handful
due to technical legal problems. By the end of 2004, the Chinese
public security organs had no extended detention.
The procuratorial organs have performed their functions honestly,
conscientiously strengthened legal supervision and safeguarded
justice in law enforcement. In 2004, the procuratorial organs
rejected applications for the arrest of 67,904 people; supervised
over the canceling of investigation of 2,699 cases, which they
found should not have been put on file for investigation; made
decisions not to prosecute 21,225 people; appealed against court
judgments of 3,063 criminal cases and 13,218 civil cases; proposed
for review of 4,333 cases; put 5,569 criminal appeal cases on
file for reinvestigation and changed the original judgments in
786 cases; and filed for investigation cases of power abuse, dereliction
of duty, soliciting or accepting bribes and malpractices for personal
gain involving 3,010 judicial personnel, thus effectively safeguarding
the citizens' rights and ensuring fairness and justice. To strengthen
the work of investigation and arrest, and to protect suspects'
legitimate rights and interests, the Supreme People's Procuratorate
formulated the "Opinions on Interrogating Suspects When Handling
and Investigating Cases Involving Arrest." At present, all
the provincial procuratorates, 349 at the prefecture and city
level and 2,407 at the county level are experimenting with the
system of citizen supervisors. They account for 86 percent of
the total number of procuratorates throughout the country. Under
the supervision of the citizen supervisors, 3,341 cases have been
concluded, thus effectively preventing handling of cases in violation
of law and guaranteeing the quality of case handling.
Since May 2004, the Supreme People's Procuratorate has carried
out a special campaign to severely deal with criminal cases involving
government functionaries' infringement upon human rights by misusing
their powers, focusing on cases of illegal detention and search,
extorting confessions by torture, gathering evidence with violence,
abusing people in custody, disrupting elections as well as serious
cases of dereliction of duty that cause heavy losses of life and
property of the people. In total, 1,595 government functionaries
suspected of criminal activities were investigated and prosecuted,
thus effectively bringing under control offences of infringement
on rights.
The judicial organs have strengthened supervision over trials
and the handling of petitions and visits involving legal procedures
and lawsuits. Adhering to the principle of "handling each
and every appeal," they have addressed the "obstacles
to appeal" in a practical way. In 2004, the procuratorates
throughout the country handled and concluded 20,306 cases of appeal
according to law, the people's courts at all levels handled 4.22
million petitions and visits of complaint, and corrected the judgments
in 16,967 cases that were proved to be wrongly judged according
to law, which accounted for 0.34 percent of the annual total of
court decisions in effect.
The trial system with Chinese characteristics has been further
improved. Courts at all levels have further carried out the principle
of open trial, striving to realize openness in filing for investigation,
court hearing, conclusion of trial, and judgment documents and
process of enforcement in the hope to promote justice with openness.
Observance of trials by the general public has been facilitated
with bulletins before trials and simplified procedures for attending
trials. Over 50 million citizens observed trials in 2004.
The lawyer system has been continuously improved. In 2004, the
Supreme People's Procuratorate formulated the "Regulations
of People's Procuratorates to Ensure the Lawful Practice of Lawyers
in Criminal Procedures," and the Ministry of Justice promulgated
the "Provisional Regulations on Lawyers' Visits to Criminals
in Custody." Relevant authorities in various places also
promulgated many regulatory documents to guarantee lawyers' rights
in practice, all of which further ensured that lawyers practice
in accordance with the law. Statistics show that up to June 2004
there were 114,500 lawyers in practice and 11,691 law firms in
China.
The legal aid system has been further improved. The Supreme People's
Court adopted the "Decision on Providing Judicial Aid to
Litigants with Real Financial Difficulties," improving the
system of judicial aid. Payment of lawsuit fees have been reduced,
exempted or allowed to be delayed, so that the litigants with
real financial difficulties in civil and administrative cases,
especially senior citizens, women, minors, disabled people, laid-off
workers, migrant workers from rural areas, as well as victims
of traffic, medical and industrial accidents, can afford to seek
justice from the courts. In 2004, the courts throughout the country
provided judicial aid in 263,860 cases, an increase of 15.6 percent
from the previous year. The judicial aid totaled 1.09 billion
yuan, 3.1 percent more than in the previous year. Lawsuit fees
have been reduced or exempted for cases involving child-support
payment, spouse-support payment and parent-support payment, and
lawsuits brought by households in rural areas enjoying the "five
guarantees" (food, clothing, medical care, housing and burial
expenses - ed.) and by people in urban areas being provided with
the minimum living guarantee. The issuance of the "Urgent
Notice on Clearing Up Cases Concerning Delayed Payment for Construction
Projects and Wages of Migrant Workers," in particular, provided
judicial aid to migrant workers from rural areas in cases of labor
disputes. As a result, 163,151 cases concerning demands for payment
were concluded with high proficiency in filing for investigation,
trial and enforcement. In 2004, governments at all levels throughout
the country appropriated 217 million yuan in total for legal aid,
43 percent more than in the previous year. Throughout China, 3,023
legal aid organizations were set up, 249 more than in the previous
year; and during the year, 190,187 legal aid cases were handled,
23,754 more than in the previous year, extending aid to 294,138
litigants. People from all walks of life also actively participated
in legal aid work. The All-China Women's Federation and local
women's federations have officially opened 2,700 legal aid centers
for women and agencies for protection of women's rights. The All-China
Federation of Trade Unions and local trade unions have established
2,990 legal aid organizations for workers. The China Disabled
Persons' Federation and local disabled persons' federations have
signed cooperation agreements with over 3,000 law firms for legal
aid in cases concerning the protection of disabled people's rights.
Over 30 institutions of higher learning, including Peking University,
Tsinghua University and Wuhan University, have provided legal
aid services to people with difficulties by combining legal aid
and clinical legal education.
The legal rights and interests of people in custody are protected
by law. In 2004, the Ministry of Public Security and the Supreme
People's Procuratorate jointly planned, organized and launched
a drive to build "model units for strengthening the enforcement
of surveillance and legal supervision, and for guaranteeing smooth
criminal proceedings and the legal rights and interests of detainees"
in all the detention houses throughout China. Consequently, a
large number of model detention houses have emerged with advanced
facilities, standard law enforcement and humane management. The
system of meeting public procurators has been generally established
in detention houses, supervision over food, health care and epidemic
prevention for detainees has been strengthened, the detainees'
physical health and protection of their property has been accorded
with greater attention, and the system of informing detainees
of their rights, the system of open procuratorial work and visit
system have been improved, thus effectively protecting detainees'
legal rights and interests. By the end of 2004, the Chinese procuratorial
organs had set up 77 sub-procuratorates in large prisons or areas
where prisons and reeducation-through-labor camps are concentrated,
and over 3,700 procuratorial offices in medium-sized and small
prisons, reeducation-through-labor camps and detention houses.
Procurators have been dispatched to over 90 percent of China's
prisons, detention houses and reeducation-through-labor camps.
The supervision system is being improved step by step.
IV. Economic, Social and Cultural Rights
In 2004, China began to implement the scientific development concept
of putting people first, focusing on promoting the all-round,
coordinated development of the urban and rural areas, different
regions, as well as economy and society, promoting all people's
equal participation in development and share of development results,
and continuously enhancing the level of people's enjoyment of
their economic, social and cultural rights.
The Chinese government attaches great importance to the protection
of laborers' rights. The state has adopted many measures to promote
employment and reemployment, including reemployment aid, strengthened
control of unemployment and regulation over staff cuts by enterprises.
In 2004, there were 9.8 million new employees and 5.1 million
reemployed laid-off workers in urban areas in China; the registered
unemployment rate was 4.2 percent in urban areas, 0.1 percentage
point lower than in the previous year. By the end of 2004, the
number of workers laid off from state-owned enterprises shrank
to 1.53 million, of whom 920,000 joined reemployment service centers,
where they received subsistence allowances, and which paid their
social insurance premiums.
The labor security and social insurance systems have been further
strengthened. In 2004, the State Council promulgated and implemented
the "Rules of Supervision over Labor Security," thus
providing a legal basis in this aspect. The "Provisions on
Collective Contracts" and the "Provisions on Minimum
Wages" were amended and promulgated. A minimum-wage guarantee
system has been established in all areas, and most areas have
readjusted the minimum-wage standards in a timely and appropriate
way. The "Corporate Annuity Trial Measures" and the
"Management of Corporate Annuity Funds Trial Measures"
were enacted and promulgated to promote the establishment of a
multi-level system of old-age insurance. The management of hospitals
and pharmacies designated for medical insurance has been further
improved. Guidance has been given to employees of organizations
of mixed ownership and non-state-owned enterprises to participate
in medical insurance, and the catalogues of medicines covered
by basic medical insurance and industrial injury insurance have
been amended to better cater to the demands of the insured for
reasonable use of medicine. Considering the constant flow of migrant
workers from rural areas, a special policy has been made and implemented
for their participation in industrial injury insurance and the
payment of compensation for industrial injuries. A comprehensive
study has been launched of the situation of employment and social
security of migrant workers from rural areas and farmers whose
lands have been requisitioned. Energetic efforts have been made
to promote the participation of employees of high-risk enterprises
in industrial insurance in light of the high risks they are exposed
to.
The coverage of social insurance has been continuously expanded,
and various insurance funds and social security funds have continued
to increase considerably. In 2004, the central treasury put 146.5
billion yuan into social security, 18.1 percent more than in the
previous year. The standards of basic pensions for retirees from
enterprises and the minimum living guarantee for urban residents
in some areas have been raised. In 2004, basic pensions were duly
and fully issued to all retirees from enterprises throughout China,
totaling 303.1 billion yuan, with 52.2 billion yuan of subsidies
from the central treasury. By the end of 2004, the numbers of
people participating in basic pension insurance, unemployment
insurance, medical insurance and industrial injury insurance in
urban areas had reached 164 million, 106 million, 124 million
and 68.45 million, respectively, 8.47 million, 2.11 million, 15.02
million and 22.70 million more than at the end of the previous
year respectively. In the rural areas, 55 million people had participated
in social old-age pension system. In 2004, 4.19 million people
received unemployment insurance benefits, 0.52 million people
received compensation under the industrial injury insurance scheme,
about 2.20 million farmers received old-age pensions, and 22.01
million urban residents were issued minimum living allowances
by the government.
The state has vigorously developed education, science, culture,
health care and sports, striving to guarantee citizens' rights
to education, culture and living in an all-round way. In 2004,
the central treasury earmarked 98.7 billion yuan and invested
14.7 billion yuan in treasury bonds for these purposes. In the
same year, the central treasury appropriated various special-purpose
funds, totaling over 10 billion yuan, for compulsory education
in rural areas, an increase of more than 70 percent from the 5.8
billion yuan of 2003. The central treasury appropriated 6.8 billion
yuan for education, including basic universal nine-year compulsory
education and basic elimination of illiteracy among young and
middle-aged people ("two basic's" for short), as well
as construction of public health care facilities in the western
regions, 2.7 billion yuan more than in the previous year. As a
result, 2.0558 million illiterate people received rudimentary
education, 2,364 boarding schools in western rural areas are being
built, ramshackle buildings of 8,130 secondary and elementary
schools in central and western China were renovated, and 24 million
students from impoverished families within the compulsory education
period in central and western rural areas received free textbooks.
At present, there are more than 70,000 private schools (educational
establishments) at all levels and of various kinds, with over
17 million students, and more than 10,000 training institutes.
In 2003, the national treasury appropriated 109.4 billion yuan
for compulsory education in rural areas, more than twice the 53.3
billion yuan in 1999 and accounting for 80 percent of the total
funds for the purpose in the same year.
In 2004, the enrolment of technical college students and undergraduate
students throughout the country was 4.473 million, 0.65 million
more than in 2003, and the enrolment of graduate students was
0.326 million, 0.057 million more than in 2003. At present, there
are over 20 million students in institutions of higher learning
in China, and the gross enrolment ratio for higher education has
reached 19 percent. Enrolment in secondary vocational education
has reached 5.48 million, and there are now 13.68 million students
in such schools. There are 5.957 million undergraduate students
and technical college students in institutions of higher vocational
education, 1 million more than in the previous year.
Cultural undertakings continued to develop and the people's cultural
life continued to improve. By November 2004, the national cultural
information sharing project had 32 provincial sub-centers, nearly
3,000 grass-roots centers and over 50,000 terminal users. By the
end of 2004, the country had 2,599 art troupes, 2,858 cultural
centers, 2,710 public libraries, 1,509 museums, 282 radio stations,
and 314 TV stations with 60 education channels. There were about
115 million cable TV users, and 30 cities with cable digital TV
services for 1.22 million users. The overall population coverage
rates of radio and TV broadcasting were 94.1 percent and 95.3
percent, respectively. In 2004, 212 feature films and 44 films
on science and education, documentaries and animated cartoons
were produced. In the same year, 25.77 billion copies of national
and provincial newspapers, 2.69 billion copies of periodicals
of various kinds and 6.44 billion copies of books were published.
A relatively complete public cultural service system had taken
initial shape, and the people's basic cultural rights were protected.
The government has adopted measures to improve the farmers' cultural,
scientific and technological qualities, enhance their ability
to increase their incomes, and improve their production and living
conditions. In 2004, the government arranged 1,692 projects under
the Spark Program, in which agricultural produce processing projects
accounted for 33.1 percent, projects for the development of advantageous
resources and characteristic industries in rural areas accounted
for 13.89 percent, and high-efficiency cultivation and breeding
projects accounted for 24.7 percent. Over 3.10 million were trained
in different skills for rural enterprises, 236 rural enterprises
received support to set up state-level centers for technological
innovations, and over 1,500 state-level intermediary agencies
of all kinds were established to provide science and technology
services in rural areas. So far, 143,400 Spark Program demonstration
projects have been implemented, involving nearly 90 percent of
the counties and cities throughout the country. In recent years,
the state has invested 10.3 billion yuan to solve the drinking
water problem for over 60 million rural people. In 2004, 1.8 billion
yuan was arranged in the form of treasury bonds for investment
in projects to make drinking water available to people and domestic
animals in rural areas, which helped solve the problem of safe
drinking water for 9.58 million people in the countryside. The
"2005-2006 Emergency Plan for Drinking Water Projects in
Rural Areas" was worked out, which was expected to solve
the drinking water problem for 21.20 million rural residents.
Meanwhile, 2 billion yuan-worth of treasury bonds was issued for
investment in the construction of marsh gas facilities, which
would provide marsh gas for 2.07 million rural households. A project
for the construction of pastoral steppes and settlement of nomads
in Tibet was carried out continuously, which received accumulatively
180 million yuan by 2004 and, when completed in 2006, it would
settle 8,000 nomad families totaling 40,000 people. Some 6.4 billion
yuan of work-for-food funds was appropriated to construct 1.85
million mu (15 mu equals to 1 ha) of basic farmland, add and improve
9.70 million mu of irrigated areas, build, renovate and extend
40,000 km of highways, and prevent and control soil erosion in
an area of 0.155 million sq km.
The government attaches great importance to the protection of
the farmers' legitimate rights and interests. In 2004, the government
examined compensation for and settlement of farmers whose collectively-owned
lands had been requisitioned, and paid defaulted compensation
for land requisition totaling 14.77 billion yuan. The government
sorted out and annulled discriminative regulations and unreasonable
restrictions on farmers seeking employment in urban areas, and
continued to improve protection of the legitimate rights and interests
of migrant workers from rural areas, requiring that their children
should enjoy equal rights to compulsory education with local children,
forbidding arbitrary collection of fees from them, improving job
services for them, providing them with good consultation services,
strengthening their training for employment, further solving their
problem of defaulted wages, reinforcing the management of labor
contracts as well as procuratorial work and law enforcement concerning
labor security, handling promptly labor dispute cases, encouraging
trade unions to protect their rights and interests according to
law, and providing them with industrial injury insurance. In 2004,
the "Provisional Measures for the Management of Payment of
Wages to Migrant Construction Workers from Rural Areas" was
formulated, which provided for an overall clear-up of defaults
on payment of project fees as well as wages of migrant workers
from rural areas. By the end of 2004, migrant construction workers
from rural areas received wages totaling 33.2 billion yuan defaulted
accumulatively over the previous years.
The government protects women's legitimate rights and interests
according to law. By the end of 2004, 2,603 coordination teams
or joint conferences for the protection of women's and children's
rights and interests above the county level had been established,
22 provinces had formulated regulations, opinions or measures
against domestic violence, and 3,183 courts or jury panels had
been set up for the protection of women's rights. Meanwhile, the
All-China Women's Federation had conducted a sample survey in
six provinces (autonomous regions and municipalities directly
under the central government) and 24 counties (cities and prefectures)
under their jurisdiction, to learn about the state of women's
legal knowledge and needs. It also held its fifth Rights Protection
Week, with the theme "Legal System Promotion and Education
by Doing Practical Work," combining legal system promotion
and education with safeguarding women's rights and interests,
which benefited directly over 200,000 counts of people.
Women's equal rights and interests in political, economic and
social spheres are being gradually realized along with social
development. From the Fourth National People's Congress held in
1975 to the Tenth National People's Congress held in 2003, women
deputies accounted for over 20 percent of the total number of
deputies. The scale of employment, payment and education level
of women are roughly on the same level as those for men. The government
actively provides women with reproduction health services and
has introduced informed choice in contraception and birth control
to protect women's rights to reproduction health, information
and choice. In 2004, the government launched "World AIDS
Day" activities which featured the theme "Show Concern
for Women, Say No to AIDS" to provide face-to-face dissemination
and education for 34.83 percent of China's female population.
Meanwhile, the government severely punishes such unlawful acts
as unnecessary medical tests on the sex of fetuses, artificial
abortion because of the sex of a fetus, and drowning or abandoning
girl babies. The experimental campaign of "Caring for Girls"
was launched in 11 counties in 11 provinces with excessively high
male sex ratios in the newly born population, and it was expanded
to 24 counties in 24 provinces the same year. Moreover, the governments
of the provinces, autonomous regions and municipalities directly
under the central government launched the experimental campaign
on their own initiative in 638 places at or above the county level.
As a result, all the areas with excessively high male sex ratios
among the newly born population are now covered by the campaign,
and the rights and interests of women and girls are truly protected.
V. Equal Rights and Special Protection for Ethnic
Minorities
In China, like citizens of the Han ethnic group, citizens of ethnic
minorities equally enjoy all the rights accorded to Chinese citizens
by the Constitution and laws. But they also enjoy some special
rights accorded to ethnic minorities by law.
By electing deputies to the NPC from their own ethnic groups,
all ethnic minorities exercise the right to participate in the
administration of state affairs. Starting from the First NPC,
the proportions of deputies of ethnic minorities among the total
number of deputies in every NPC have been higher than the proportions
of their populations in the nation's total population in the corresponding
periods. The Tenth NPC has 415 ethnic-minority deputies, accounting
for 13.91 percent of the total and 5.5 percentage points higher
than the proportion of their total population in the nation's
total population. Every ethnic group has its NPC deputy or deputies.
Ethnic groups each with a population of more than one million
have member(s) on the NPC Standing Committee. People of all ethnic
groups in ethnic autonomous areas are entitled to vote and stand
for election, as provided for in the Constitution and other laws.
By electing deputies to the local people's congresses and establishing
local organs of self-government, they exercise their democratic
rights to manage the internal affairs of their own ethnic groups
in their autonomous areas. Among the chairmen or vice-chairmen
of the standing committees of the people's congresses of all 155
ethnic autonomous areas in China there are citizens of the ethnic
group or groups exercising regional autonomy in the area concerned.
The heads of all autonomous regions, autonomous prefectures and
autonomous counties are all citizens of the ethnic groups exercising
regional autonomy in the areas concerned.
Increased financial input from the state has brought about rapid
economic and social development in ethnic-minority areas and continuously
improved the living standard of ethnic minority peoples. To accelerate
the development of China's western regions and ethnic autonomous
areas, the Chinese government launched a grand strategy for the
development of western China in 2000, which covers five autonomous
regions, 27 autonomous prefectures and 83 of the 120 autonomous
counties (banners). In addition, three other autonomous prefectures
are allowed to enjoy the preferential policies the state has adopted
for the western regions. During the five years since the kickoff
of the strategy for the development of the western part of the
country, the construction of 60 key projects has begun, involving
a total investment of 850 billion yuan. In 2004, the state started
ten major projects to develop western China, with a total investment
of 80 billion yuan and covering the fields of transportation,
energy, education and public health. According to statistics,
in 2004, the GDP of the Inner Mongolia Autonomous Region, Guangxi
Zhuang Autonomous Region, Tibet Autonomous Region, Ningxia Hui
Autonomous Region and Xinjiang Uygur Autonomous Region was 271.2,
332, 21, 46 and 220 billion yuan, respectively, representing increases
of 19.4, 11.8, 12.4, 11, and 11.1 percent respectively over the
previous year. The state continues its efforts to invigorate the
border areas and help people in those areas become wealthy. In
addition to the areas where pilot projects had been launched,
in 2004, the state designated another 37 counties for special
support. From 2000 to 2004, a total of 264 million yuan from the
central treasury was allocated to invigorate border areas and
make their residents better off. Funds from other sources across
the country totaled more than 15 billion yuan, and they were used
for the construction of more than 20,000 projects.
Education in ethnic-minority areas has advanced with great strides.
The ethnic autonomous areas are key targets for the state's plans
to basically make nine-year compulsory education universal and
basically eliminate illiteracy among the young and middle-aged
population. Special educational funds allocated by the state and
key educational projects undertaken by the state are steered to
the ethnic minority areas. The "Compulsory Education Project
for Impoverished Areas" launched by the state is also geared
to the ethnic minority areas in the western part of the country.
During the period of the Tenth Five-Year Plan (2001-2005), the
state has set aside 5 billion yuan for the continuous implementation
of the second phase of the "Compulsory Education Project
for Impoverished Areas." More than 80 percent of the funds
has been or will be used in western China and other areas where
ethnic minorities live in compact communities. So far, 4 billion
yuan has already been used to repair or rebuild dilapidated buildings
of primary and middle schools in the countryside, of which 57
percent has been used in western China and other areas where ethnic
minorities live in compact communities. Eighty-three percent of
the school-age children in Xinjiang, Tibet, Ningxia and Qinghai
get free textbooks. In the agricultural and pastoral areas of
Tibet, school-age children not only are exempted from school fees
but also are provided with free meals and accommodation. Students
in 56 counties in Xinjiang get free textbooks and notebooks, and
are exempted from paying school fees. In Yunnan Province, students
who are exempted from paying for their textbooks, notebooks and
school fees totaled 409,000 in 2004, an increase of 92,000 compared
with the previous year. China now has 13 ethnic institutions of
higher learning, which enroll mainly students of ethnic-minority
origin. In order to train people of ability for Tibet and Xinjiang,
these colleges and universities have made special efforts to run
preparatory classes for minority peoples, classes for minority
peoples, and classes for students from Xinjiang. In 2004, the
Dachang Advanced Experimental Middle School in Hebei Province
set up classes for students from the western part of China, which
enrolled 108 senior high school students of ethnic minority origin
from Guangxi, Sichuan, Yunnan, Hubei and Ningxia. These students
will study there until they complete their senior high school
program. When enrolling new students, institutions of higher learning
and secondary specialized schools usually lower the admission
criteria for ethnic-minority applicants, and give preferential
treatment to students from ethnic groups with extremely small
populations.
The state provides support to organs of self-government of autonomous
areas to independently develop cultural undertakings in ethnic
languages and with ethnic characteristics, including literature,
art, news, publishing, broadcasting, movies and television programs.
It organizes and provides support for the collecting, editing,
translating and publishing of historical and cultural books of
ethnic minorities. It protects scenic spots and historical sites,
valuable cultural relics, and other important items of the local
cultural heritage, and inherits and carries forward the traditional
culture of the ethnic groups. The state has established a national
ethnic-minority ancient books publishing planning team to sort
out ancient books of ethnic minorities. Now, institutions for
the editing of and research in ancient books of ethnic minorities
have been established in 25 provinces (autonomous regions and
municipalities directly under the central government), 130 autonomous
prefectures and leagues across the country. They have collected
120,000 titles of ancient books of ethnic minorities and published
over 5,000 of them. By the end of 2004, China had 30 world heritage
sites including cultural, natural sites and the mixed. Two of
the cultural heritage sites, namely, the Potala Palace in Lhasa
and the Old Town of Lijiang, and three of the natural heritage
sites, namely, Jiuzhaigou Scenic & Historic Interest Area,
Huanglong Scenic & Historic Interest Area and the Three Parallel
Rivers scenic spot, are located in ethnic autonomous areas. In
addition, the Dongba classical documents of the Naxi ethnic group
are included in the World Memory Heritage List. A National Traditional
Ethnic Minority Sports Meet is held every four years. The development
of the traditional medicine of the ethnic groups is thriving.
At present, Tibet produces 293 kinds of Tibetan medicine, with
an annual output of over 1,500 tons. Tibetan ready-made medicine
has found its way to the national public medicare market. The
total annual output value of Tibetan medicine producers is more
than 450 million yuan.
The state attaches great importance to ecological construction
and environmental protection in ethnic autonomous areas. All the
four key areas and four key projects listed in the "National
Ecological Environment Construction Plan" of the Chinese
government are in ethnic minority areas. The "Natural Forest
Protection Project" and the projects for converting farming
land back to forestry and pasture are mostly in ethnic minority
areas. Nearly half of the 226 national nature reserves are located
in those areas. In addition, the central government has launched
the "Project for Comprehensive Improvement of the Environment
of the Tarim Basin" in Xinjiang and the "Project for
Protection of the Source of the Three Rivers" in the Yushu
Tibetan Autonomous Prefecture in Qinghai, and attaches great importance
to the ecological improvement of the karst areas in southern China.
VI. The Rights and Interests of the Disabled
China attaches great importance to the development of services
for the disabled, and protects all their rights.
The legal and policy guarantees for the rights and interests of
disabled people have been enhanced. In 2004, an amendment of the
"Law on Protection of the Disabled" was started, aiming
to further improve the legal guarantee for the rights and interests
of the disabled and for the development of undertakings relating
to the disabled. At present, most counties, towns and townships
in China have formulated preferential policies for the disabled
and regulations on aiding them. In the rural areas, the disabled
enjoy reduction of or exemption from taxes and fees. In September
2004, the State Council officially approved a second national
sample survey regarding the disabled people, which would gather
basic information on their present situations, and provide a detailed,
reliable basis for the government to formulate and implement laws,
regulations, development plans, policies and measures concerning
the disabled, to strengthen and improve services for them, and
to help them be better off. The government issued the "Opinions
on Further Enhancing the Work of Aiding Impoverished Disabled
People," which provides an overall plan for the aid, social
security, employment, education, rehabilitation and rights protection
for the impoverished disabled people, and which promotes settlement
of their problems in basic production and living. In 2004, China
Welfare Fund for the Disabled donated 1 million yuan and cooperated
with the China Disabled Persons' Federation in launching the campaign
of "aiding the disabled in protection of their rights,"
providing subsidies for handling cases involving disabled people
who needed legal aid. Legal service and aid organizations provided
services and aid to the disabled totaling 130,000 person-times,
thus safeguarding their legal rights and interests.
The socialized rehabilitation service system has been continuously
improved, key rehabilitation projects implemented effectively,
and disabled people's self-reliance in daily life, social adaptability
and living qualities enhanced. In 2004, over 3.30 million disabled
people overcame their disabilities to varying degrees. Of them,
580,000 people suffering from cataracts received operations to
recover their sight, among whom over 100,000 impoverished received
free operations; nearly 30,000 people suffering from poor sight
were provided with visual aids; 24,000 deaf children received
training in hearing and speaking; over 80,000 physically disabled
persons and children suffering from cerebral palsy and mental
disabilities participated in rehabilitation training; over 2.50
million people suffering from mental diseases underwent medical
treatment and rehabilitation training; more than 3,900 persons
suffering from malformation caused by leprosy received plastic
surgical operations; and over 1 million devices for aiding the
disabled were supplied.
The disabled persons' education and employment have been better
guaranteed. Education for disabled children has been included
in the state compulsory education system, and their enrolment
rate been risen continuously. In 2004, 4,112 disabled students
were admitted to institutions of higher learning, 543,000 disabled
people received vocational education and training, and over 40,000
impoverished disabled students received financial assistance.
In urban areas, 305,000 disabled people were newly employed; in
rural areas, 16.241 million disabled people engaged in crop farming,
fish breeding and poultry raising, or household handicraft making.
The rate of employment for the disabled has exceeded 80 percent.
Social security for the disabled has been better implemented.
Large numbers of disabled people have benefited from the minimum
living standard program. Classified assistance has been carried
out in some areas, where special aid is provided for disabled
people with excessive difficulties, such as seriously disabled
people or families with more than one disabled members, by raising
their minimum living guarantee standard and level. In some urban
areas, impoverished disabled people who are self-employed are
entitled to subsidies for participating in basic old-age insurance.
At present, 4.469 million disabled people in China are provided
with social security of various forms. The aid-the-poor development
program for the rural areas continues to provide special aid to
the impoverished disabled people, and people from all walks of
life in the society have assisted impoverished disabled people
in various ways. In 2004, 1.27 million disabled people no longer
had the problem of having enough to eat and wear. To improve the
housing conditions of impoverished disabled people, the central
treasury appropriated 50 million yuan for subsidies and the local
governments at various levels funded 277 million yuan in total
to renovate the houses of over 20,000 households, benefiting 27,000
disabled people.
The cultural and sports life of the disabled people has become
increasingly rich and varied. In cultural centers, libraries,
gymnasiums and stadiums, more and more conveniences and services
have been provided for disabled people. TV and radio stations,
newspapers and magazines give wide coverage to the lives of disabled
people, and launched special programs or opened special columns.
A large number of publications for and about disabled people have
been published, and many films and TV plays about their life produced.
The Sixth Exhibition of Programs for Disabled People of People's
Radio Stations, the Fourth National Joint Performance of Schools
of Special Education, and the National Exhibition of Fine Arts
of Schools of Special Education were held. The China Disabled
People's Arts Troupe made a performance tour in seven countries,
including Switzerland and Turkey, displaying their talents and
dynamic spirit. The Chinese Fraternity of Disabled Writers has
been founded. In the 12th Paralympics in Athens, Chinese disabled
athletes won 63 gold, 46 silver and 32 bronze medals, ranking
the first in total number of gold and total number of medals.
Their perseverance and sportsmanship won praise of people from
various countries.
A social environment of equal participation, care and help for
disabled people has taken shape. On May 16, 2004, the 14th "National
Help-the-Disabled Day," a rich variety of practical, effective
activities was launched all over the country. Help-the-disabled
activities in the society continued, including "Volunteers
for Helping the Disabled," "Red Scarf Movement for Helping
the Disabled," "Cultural Circles' Help for the Disabled,"
"Help for the Disabled from Science and Technology Circles"
and "Legal Assistance for the Disabled," solving many
practical difficulties for them. More than 50,000 liaison offices
of help-the-disabled volunteers have been established throughout
the country. Headway has been made in building a barrier-free
environment for the disabled. A large number of sloping passages,
paths for the blind, handrails and audio traffic signs and other
facilities for the disabled persons' convenience have been either
built or renovated on the major roads, in shopping centers, hospitals,
hotels, cinemas, theaters, museums, airports, railway stations
and public premises in the large and medium-sized cities. Twelve
cities launched the campaign of building a model barrier-free
city. Many news programs on TV are with sign language. More and
more TV programs and films have subtitles. All these have made
it more convenient for disabled people to come out of home to
participate in information exchange and social life and enjoy
public services. An environment where the disabled people are
understood, respected, cared about and helped in the society has
gradually taken shape.
VII. International Exchanges and Cooperation
in the Field of Human Rights
China has all along been supportive to and actively participated
in activities in the field of human rights sponsored by the United
Nations. In 2004, Chinese delegation attended the 60th Session
of the United Nations Commission on Human Rights, the Substantive
Session of the United Nations Economic and Social Council, and
the Third Committee Meeting of the 59th Session of the United
Nations General Assembly. China sent specialists to attend the
56th Session of the Sub-Commission on the Promotion and Protection
of Human Rights. China has been elected a member of the United
Nations Committee on the Status of Women from 2005 to 2008, and
Chinese specialists have been elected into the 2005-2008 United
Nations Committee on the Elimination of Discrimination Against
Women and United Nations Committee on Economic, Social and Cultural
Rights. In the above organizations and meetings, China has sincerely
carried out its duties, actively participated in deliberation
and discussion of human right topics, upholding the purpose and
principles of the Charter of the United Nations, and making active
efforts to promote international cooperation in the field of human
rights.
The Chinese government cherishes the important role of international
instruments on human rights in promoting and protecting human
rights. As a member of 21 international conventions on human rights,
including the "International Covenant on Economic, Social
and Cultural Rights," it has adopted a series of measures
to perform its duties specified in the conventions, and submits
on time its reports on implementing the conventions for consideration
of the United Nations treaty bodies. With a sincere and responsible
attitude, the Chinese government is actively considering approving
the "International Covenant on Civil and Political Rights."
In 2004, China conscientiously wrote its Fourth and Fifth Combined
Report on the "Implementation of Convention Against Torture
and Other Cruel, Inhuman or Degrading Treatment or Punishment,"
giving an account of the implementation of the convention in China,
including the Hong Kong Special Administrative Region and the
Macao Special Administrative Region, from 1999 to 2004. It also
conscientiously wrote its first reports on the implementation
of the "International Covenant on Economic, Social and Cultural
Rights" and the "Optional Protocol to the Convention
on the Rights of the Child on the Sale of Children, Child Prostitution
and Child Pornography."
China has been actively involved in the formulation of legal instruments
concerning international human rights. In 2004, the Chinese government
sent delegations to participate in drafting legal documents such
as the "Legally Binding Normative Instrument for the Protection
of All Persons from Enforced Disappearances" and "Convention
on the Rights of Persons with Disabilities."
China has actively conducted international cooperation in the
field of human rights. Since it signed the "Memorandum of
Understanding on Cooperation" with the UN Office of the High
Commissioner for Human Rights (UNOHCHR) in 2000, both sides have
launched a series of projects of cooperation in human rights.
In 2004, a UNOHCHR project assessment team visited China, and
assessed its implementation of the "Memorandum of Understanding
on Cooperation." China also hosted the visit of the Working
Group on Arbitrary Detention of the UN Commission on Human Rights.
Together with the UNICEF's office in China, China held a seminar
on the questionnaire of the UN Independent Expert on Violence
Against Children, gave an honest, detailed answer to it, and submitted
it to the United Nations. In December 2004, China submitted to
the United Nations its answer to the questionnaire on child pornography
on the Internet based on careful study.
China has continued to actively participate in and promote the
activities of the second "Asia and Pacific Decade of the
Disabled" (2003-2012). In 2004, the United Nations presented
Deng Pufang, Chairman of China Disabled Persons' Federation, the
"award of outstanding contributions to the 25 years of UN-China
cooperation," commending his outstanding contributions to
human rights. It represented full recognition of the international
community for the persistent efforts China has made in promoting
and protecting human rights and enhancing protection of the disabled
in the world.
Based on equality and mutual respect, China has actively carried
out bilateral dialogues and exchanges on human rights. In 2004,
China held dialogues or consultations on human rights with Australia,
Canada, the United Kingdom, the European Union, Norway, Germany
and the Netherlands. It also conducted exchanges on this topic
with Eritrea, Sierra Leone, Zimbabwe and Laos. China hosted the
Sixth ASEM Informal Seminar on Human Rights, China-Africa Seminar
on Human Rights, China-EU Seminar on the Ratification of the ICCPR,
China-Australia Seminar on the Economic Development and the Protection
of the Rights of Ethnic Minorities and Aborigines, and the Sixth
China-Canada-Norway Human Rights Forum. In May 2004, the Supreme
People's Procuratorate, in cooperation with the relevant Australian
authorities, held the China-Australia seminar on protection of
the huma n rights of detainees and prisoners, discussing about
such issues as the function and role of procuratorial organs in
protection of the human rights of detainees and prisoners. These
dialogues and exchanges enhanced mutual understanding, reduced
differences and expanded consensus between China and other countries
on human rights issues. At the same time, non-governmental organizations
also carried out active dialogues and exchanges. Chinese NGOs,
such as China Society for Human Rights Studies, conducted wide-ranging
exchanges and cooperation on human rights with the Project Assessment
Team of UNOHCHR, the Working Group on Arbitrary Detention of the
UNCHR, government and parliament delegations from Germany, Ireland,
Egypt and Vietnam, as well as non-governmental organizations from
various countries, which enhanced mutual understanding.
At the end of 2004, when the most serious tsunami in recorded
history happened in the Indian Ocean, the Chinese government and
people, out of deep sympathy with the suffering of the people
of the afflicted countries, provided earnest help to the full
extent of their capabilities for their disaster relief and rehabilitation,
gaining wide appreciation at home and from abroad for their spirit
of internationalism and humanism. The Chinese government offered
emergency aid to the afflicted countries immediately after the
disaster. By March 1, 2005, the Chinese government had offered
686 million yuan worth of aid, and the non-governmental donations
amounted to 576 million yuan, in which over 50 percent of governmental
aid in kind and cash had been delivered to the afflicted countries.
The Chinese government also sent two international aid teams,
four medical teams, a DNA analysis team and an investigation and
consolation delegation. The three specialized post-disaster assessment
and rehabilitation investigation teams sent to the stricken areas,
having fully communicated with the governments of the countries,
formulated focused plans for participation in rehabilitation.
The Chinese government was also actively involved in international
and regional cooperation in the early-warning mechanism for severe
natural disasters, making its contributions to the better living
and development of the world population.
Realization of full human rights is a common pursuit of all countries
in the world. It is also an important target of China's all-round
construction of a well-off, harmonious socialist society. Together
with the international community, China will, as always, make
persistent efforts in promoting continuous progress of human rights
in China and healthy development of international human rights.
Source: Information Office of the State Council
of the People's Republic of China