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China's Universal Periodic Review: Conclusions and recommendations

Human Rights Without Frontiers Int'l
February 12, 2009

114. The recommendations formulated during the interactive dialogue have been examined by China and the recommendations listed below enjoy the support of China:

1. Create conditions for an early ratification of the International Covenant on Civil

and Political Rights (ICCPR) (Sweden); In accordance with its imperatives dictated by its national realities, to proceed to legislative, judicial and administrative reform as well as create conditions permitting the ratification, as soon as possible, of the ICCPR (Algeria); Analyse the possibility of ratifying/consider ratifying/ratify ICCPR (Argentina, Brazil, Austria);

2. Continue its efforts: for the promotion of human rights (Oman); in legal and judicial reforms, economic development and other areas towards promoting a harmonious society, democracy, the rule of law and human rights (Viet Nam);

3. Continue enhancing the quality of life of its people through the enjoyment of economic, social and cultural rights and pursuant to international standards (Nicaragua).

4. Continue its national efforts for the promotion and protection of human rights, including in the area of strengthening its national human rights architecture (Egypt);

5. Proceed as soon as possible with the publication and implementation of (Algeria)/Finalise and publish at an early date and then swiftly implement its National Human Rights Action Plan for 2009-2010 (Singapore).

6. Consider strengthening the positive engagement with civil society, nongovernmental organizations and academic institutions, with a view to enhancing the promotion and protection of human rights and fundamental freedoms of its people (Malaysia).

7. Intensify human rights awareness campaigns (Jordan); Continue to provide and improve training programmes on human rights for the judiciary (Jordan); judges and judiciary personnel (United Arab Emirates), law enforcement personnel and lawyers (Jordan); improve education, training and supervision of prison staff (Germany);

8. Intensify its engagement with the international community to exchange best practices and cooperation on law enforcement supervision and training with a view to contributing to its judicial reform processes on the basis of equality and mutual respect (South Africa);

9. Invite other Special Rapporteurs dealing with economic and social rights to visit the country (Saudi Arabia);

10. Step up cooperation with the special procedures (Latvia); Engage with the Human Rights Council's special procedure mandate holders on addressing human rights challenges (New Zealand);

11. Continue its cooperation with OHCHR (Brazil); Facilitate an early visit by the High Commissioner for Human Rights (Canada);

12. Renew the Memorandum of Understanding in order to intensify technical assistance and advisory services in the field of human rights (Austria);

13. Attach more importance to the protection of rights of the child through national plans for economic and social development (Qatar);

14. Continue the efforts aimed at further enhancing the status of women and gradually do away with some traditional concepts in the rural areas that are likely to entrench practices that may still hamper progress in gender equality (Mozambique);

15. Continue efforts in supporting persons with disabilities and ensuring their contribution in social life, as effective partners (Yemen).

16. Adopt further measures to ensure universal access to health and education and other welfare for rural communities, minority regions, disadvantaged families and the internal migrant population (New Zealand);

17. Adopt special measures in the context of the international financial crisis in order to guarantee job opportunities in rural areas (Morocco);

18. Continue its endeavour to build a sound social security system and supporting services commensurate with national conditions, as well as its level of social and economic development (Philippines);

19. Strengthen its efforts in poverty alleviation in order to continue reducing the number of persons living in poverty (Bhutan); Continue its poverty reduction programmes (Zimbabwe).

20. Intensify its efforts to eradicate poverty, to improve its health infrastructure, including access to health services especially for vulnerable groups like women, children, the elderly, the disabled and ethnic minorities, and in fostering civil society participation (South Africa);

21. Continue its efforts to guarantee the well-being, which allows all patients to enjoy basic health care services (Bahrain);

22. Continue to strengthen policies to promote education and to address educational imbalances between urban and rural areas and among regions (Angola);

23. Pursue the implementation of the concept of Scientific Outlook on Development perspectives to ensure comprehensive, coordinated and lasting development and to continue building a harmonious society marked by democracy, primacy of the law, equity and justice (Algeria);

24. Continue to place people at the centre of development in a harmonious society for all so that this approach can further progress the economic, social and cultural rights (Jordan);

25. Continue to explore methods of development and implementation of human rights in harmony with its characteristics, its realities and the needs of Chinese society (Algeria);

26. Continue to invest financial and material resources, in conditions of the financial crisis, with the view to support the economic and social development in the country as a whole and the Tibet Autonomous Region in particular (Russian Federation);

27. Bridge the gap in economic and social development between rural and urban areas and among regions (Bhutan);

28. Share best practices with other developing countries on poverty reduction programmes and strategies, especially in rural areas (Philippines); Share with the international community its experience in promoting the right to development and poverty reduction (Viet Nam); Share its experiences and best practices in the field of reduction of poverty and improvement of standards of living with other developing countries (Malaysia);

29. Continue its policies in the field of international cooperation in order to assist the efforts made by other countries to fulfil the right to development (Angola);

30. In the light of its national realities, continue to implement the policy of strictly controlling and applying the death penalty (Egypt);

31. Actively and prudently push forward reform of re-education through labour according to its national realities, so that everything goes according to its system (Sudan);

32. Ensure the implementation of the legislation related to the 60 judicial reform measures as established at the end of 2008 (Indonesia); Continue to advance the rule of law and to deepen the reform of the judicial system (Netherlands);

33. Continue to support and encourage the further development of China's media use of English and other foreign languages to help the outside world better understand China, including the objective coverage of China, a country too often deliberately and grossly misunderstood by some international media (Zimbabwe);

34. Maintain, in strict compliance of law, to avoid the impunity for people who are qualifying themselves as human rights defenders with the objective of attacking the interests of the state and the people of China (Cuba);

35. Continue its efforts for the promotion and protection of human rights and also for the legitimate interests of organisations and individuals working faithfully to uphold the human rights of the Chinese people (Cuba);

36. While guaranteeing this freedom of speech, strengthen Internet governance to make sure the contents that incite war, racial hatred or defamation of religions are prohibited, and pornographic websites that are harmful to children and minors are banned or restricted (Islamic Republic of Iran);

37. Continue its efforts to further ensure ethnic minorities the full range of human rights including cultural rights (Japan);

38. Make more widely available to the world its experience in combining a strong state with ethnic regional autonomy (Sri Lanka);

39. Hong Kong Special Administrative Region and Macao Special Administrative Region continue to function according to their realities and preserve different rights of their citizens in accordance with their laws (Benin);

40. Share with interested developing countries their good practices in the implementation of this concept of Scientific Outlook on Development (Algeria);

41. Make available in international languages to the rest of the world its experience in economic revolution, modernization and in satisfying the material needs of an enormous rural population (Sri Lanka);

42. Share good practices that allowed China to achieve poverty reduction targets set in the United Nations Millennium Development Goals (Angola).

115. The following recommendations are noted and China indicated that they are pertaining to measures already being implemented or which had already been implemented:

1. Guarantee that all detainees, regardless of their crimes, are held in facilities with decent standard and treatment (Germany);

2. Develop and adopt a comprehensive policy to combat child labour (Finland);

3. Strengthen the protection of ethnic minorities' religious, civil, socio-economic and political rights (Australia); In accordance with the Constitution, allow ethnic minorities to fully exercise their human rights, to preserve their cultural identity and to ensure their participation in decision-making; (and address these issues in the National Plan of Action) (Austria).

116. The following recommendations will be examined by China which will provide responses in due time. The responses of China to these recommendations will be included in the outcome report adopted by the Human Rights Council at its eleventh session:

1. Inscribe a legal definition of discrimination in its national law (Portugal)/Evaluate the possibility of establishing a legal description of discrimination taking into account international legal standards in this area (Argentina);

2. Reduce the number of crimes carrying the death penalty (Australia, Canada);

3. Adopt specific legislation on domestic violence (Brazil);

4. Follow-up on this UPR (Austria).

117. The recommendations noted in the report in paragraphs 27(b),(c),(d),(e),(f), (g), 28 (a), (c), (d), (e), (f), (g), (h), 30(b),(c), 31, 38, 42, 43(a),(b),(e),(f),(g),(h) 56, 79(a), (c), 81(b), 82, 83(a),(c),(d),(e), (g), 84(a), 85(b),86(b),(e), 92(b),(c),(d),(e),(f),(g), (h), 95(b), (c), (d), 96, 97 did not enjoy the support of China.

118. All conclusions and/or recommendations contained in the present report reflect the position of the submitting State(s) and /or the State under review thereon. They should not be construed as endorsed by the Working Group as a whole.

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