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Opinion / Op-Ed Contributors

Progress in China's Human Rights in 2014

(China Daily) Updated: 2015-06-09 08:50

Punishments for activities violating environmental laws were intensified. Environmental administrations at all levels strictly executed laws concerning environmental protection, sending 2.16 million enforcement officers to inspect 840,000 enterprises, putting 12,531 cases on file and settling 8,373 of them, and particular supervision was given over the handling of 1,600 major cases. China actively explored a trans-regional and trans-river joint prevention and coordination mechanism, gradually established trans-regional joint planning, monitoring, forecasting, prevention and control systems for air and water quality in the Beijing-Tianjin-Hebei, Yangtze River Delta and Pearl River Delta areas, and improved the relevant information-sharing mechanism. Environmental departments at all levels coordinated closely with public security organs, setting up the three systems of "joint enforcement conference," "permanent liaison officers," and "consultation on and joint supervision of major cases," and the four mechanisms of "transferring cases," "joint investigation," "sharing information," and "rewarding and punishing." China introduced unmanned planes for inspecting pollution, and during the year 11 flights were made, flying more than 2,000 km and covering an area of 1,000 sq km.

The legal guarantee of the right to a clean environment was further strengthened. The Supreme People's Court established a special tribunal to hear cases related to the environment and natural resources, and stipulated a practical environmental public interest litigation system covering jurisdiction, judicial procedure, liability, compensation scope and lawsuit costs, so as to fully safeguard the right of public interest litigation of the institutions and related civil organizations as stipulated by the law. In December 2014 the Supreme People's Court announced 10 typical administrative cases concerning environmental protection, including the Jincheng (Foshan) Scien Fine Materials Co, Ltd' s lawsuit against an administrative penalty meted out by the Shunde District People's Government of Foshan City, Guangdong Province for the company's alleged environmental offence. The number of cases involving environmental offences that was transferred to public security organs in 2014 exceeded the total of the previous ten years.

The channels for citizens to participate in the management of environment-related affairs were further broadened. The amended Environmental Protection Law stipulates that: The environmental departments should disclose information about the environment and improve their procedures, so as to facilitate the public's participation in and supervision of environmental protection; the environmental NGOs which have registered with the civil affairs authorities at municipalities which contain districts or above, which are engaged in environmental protection for the public interest and have no law violation records for five consecutive years are eligible to file environmental public interest lawsuits to the people's courts, and the latter should accept and hear all lawsuits filed by eligible NGOs. Governments at all levels also actively explored ways of soliciting public opinions through online platforms, questionnaire surveys, hearings and reviewing panels. Since January 1, 2014 the national air quality real-time announcement website has released 150,000 pieces of information on the air quality in cities. The Ministry of Environmental Protection listened to and dealt with the public's complaints on environmental offences through the "12369" hotline. By the end of 2014 the hotline had handled 1,463 complaints from the public, and settled all of them on time. The ministry issued the Notice on Better Disclosure of Information Related to Emergent Environmental Incidents, requiring related departments to publish the names of reported offending enterprises, their problems and the handling of their problems in the China Environment News and the website of the ministry every month. By the end of 2014, the handling of 1,479 complaints (including those received in 2013 but settled in 2014) and 33 typical cases had been made known to the public.

IX.

Foreign Exchanges and Cooperation

In 2014 China continued to take the initiative in exchanges and cooperation with other countries in the realm of human rights. It played a constructive role in the UN's human rights bodies, and endeavored to promote the sound development of human rights on the international stage.

China fully participated in the global governance of human rights. Chinese delegations attended the UN Human Rights Council's (HRC) 25th, 26th and 27th sessions, and 20th, 21st and 22nd special sessions, the relevant meetings of the Third Committee of the 69th Session of the UN General Assembly, the 18th, 19th and 20th sessions of the HRC's Universal Periodic Review (UPR) Working Group, and a series of multilateral conferences such as the HRC's Social Forum and Forum on Business and Human Rights. In those meetings, China actively introduced its principles, policies and achievements in the human rights field, joined in the discussions of various topics, brought all member states' attention to the reasonable assertions of developing countries, and urged the UN's human rights mechanisms to deal with all human rights issues in a just and objective manner. The Chinese government actively participated in the intergovernmental process of the UN General Assembly on strengthening and enhancing the effective functioning of the human rights treaty body system, and played a constructive role therein. With the efforts of China and other countries holding similar positions, the General Assembly adopted a resolution to strengthen and enhance the effective functioning of the human rights treaty body system. In April 2014 China was reelected as a member of the UN's Committee on Non-Governmental Organizations.

China conscientiously fulfilled its international human rights obligations. In March 2014 the HRC approved China's actions after receiving HRC's second Universal Period Review for China. With an open mind and in a serious manner, China accepted 204 recommendations, or 81 percent, raised by other countries during the review, which received worldwide praise. In May 2014 the UN Committee on Economic, Social, and Cultural Rights reviewed China's second periodic report on the implementation of the International Covenant on Economic, Social and Cultural Rights. The Chinese delegation explained in a thorough manner their country's achievements in safeguarding its people's economic, social and cultural rights, and replied candidly to the questions raised by the Committee, with some Committee experts regarding it as an exemplary review. China's combined seventh and eighth periodic report on its implementation of the Convention on the Elimination of All Forms of Discrimination against Women was reviewed by the UN Committee on the Elimination of Discrimination against Women in October 2014. With a confident, inclusive and open attitude, the Chinese delegation held a constructive dialogue with the Committee.

Promotion of cooperation with the UN's human rights bodies. China continued to cooperate closely with the Office of the United Nations High Commissioner for Human Rights, promising to greatly increase its donations to the office in the period 2014-2017. It held constructive talks with the Special Procedures of the HRC, earnestly replied to its letters on time, and invited its independent expert on the effects of foreign debt and other related international financial obligations of states to ensure the full enjoyment of all human rights, particularly economic, social and cultural rights, special rapporteur on the right of everyone to the highest attainable standard of physical and mental health, and special rapporteur on the human right to safe drinking water and sanitation to visit China.

Enhancing bilateral human rights dialogues and communication with other countries. In 2014 China held human rights dialogues and communication with the EU, the UK, Germany, Australia and New Zealand, and entered into technical cooperation with Australia regarding human rights, so as to improve mutual understanding. It also held discussions with Russia on human rights affairs, and communicated with Laos and Sri Lanka in the field to share the experience gained from international human rights work. It sent a delegation to attend the 14th Asia-Europe Meeting (ASEM) Informal Seminar on Human Rights, exchanging views with human rights officials of other Asian and European countries, and civil society representatives. The China Society for Human Rights Studies and the China Foundation for Human Rights Development jointly held the seventh session of the Beijing Forum on Human Rights. Centering on the theme of "The Chinese Dream: New Progress in China's Human Rights," participants both at home and abroad engaged in deep and extensive discussion concerning the sub-topics of "the Chinese dream and human rights," "trans-cultural international exchanges on human rights" and "national governance innovation and human rights protection, and anti-terrorism and human rights protection."

Working closely with other countries, China will continue to spare no effort to promote the wholesome development of human rights worldwide.

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