U.S. Resolution Censuring China at the 57th Session of the UN Commission on Human Rights

The Commission on Human Rights,

Reaffirming that all Member States have an obligation to promote and protect human rights and fundamental freedoms as stated in the Charter of the United Nations and as elaborated in the Universal Declaration of Human Rights and other human rights instruments to which they are a party.

Mindful that China is a party to the International Convention on the Elimination of All Forms of Racial Discrimination, the Convention on the Elimination of All Forms of Discrimination against Women, the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, the International Covenant on Economic, Social and Cultural Rights, the Convention on the Rights of the Child, and the Convention relating to the Status of Refugees and its Protocol.

Recognizing the significant transformation Chinese society has undergone since the introduction of the reform policies, including the reduction of government interference in the everyday lives of most citizens, and the successful efforts of the Government of China in economic development and in reducing the numbers of Chinese living in extreme poverty, thus enhancing the enjoyment of economic and social rights,

Taking note of the report of the special rapporteur on civil and political rights, including the question of disappearances and summary executions (E/CN.4/2001/9 and Addl.1); the report of the special rapporteur on civil and political rights, including the questions of torture and detention (E/CN/4/2001/66); the report of the working group on enforced or involuntary disappearances (E/CN.4/2001/68) and the associated note by the secretariat on the question of enforced or involuntary disappearances (E/CN.4/2001/69); and the report and opinions adopted by the working group on arbitrary detention (E/CN.4/2001/14 and Add. 1).

1. Welcomes:

a) The readiness of the Government of China to exchange information on human rights issues and engage in various cooperative activities in the area of human rights;

b) Continued efforts to increase the transparency of the judicial system and respect for the rule of law;

c) China's continued expressed intent to proceed promptly with ratification of the International Covenant on Civil and Political Rights;

d) Continuing efforts at poverty alleviation and economic development that have improved economic and social rights for many Chinese citizens;

2. Expresses its concern:

A) At continuing reports of failure to protect internationally recognized human rights and fundamental freedoms in China and, in particular, at severe restrictions on the rights of citizens to the freedoms of assembly, association, expression, conscience and religion, and to due legal process and a fair trial, as well as at reports of harsh sentences for some seeking to exercise their rights;

b) At increased restrictions on the exercise of cultural, linguistic, religious and other fundamental freedoms of Tibetans and others;

c) At the continuing arrests and harsh sentencing during the past year of members of the China Democracy Party and others who sought to exercise their internationally recognized rights of association, expression and participation in political life;

d) At the severe measures taken to restrict the peaceful activities of Buddhists, Muslims, Christians and others, who sought to exercise their internationally recognized rights of freedom of religion or belief or conscience, and of peaceful assembly;

e) At the increasingly severe measures taken against adherents of movements such as Falun Gong who, in pursuing non-violent activities, sought to exercise their internationally recognized rights of freedom of conscience, belief, and peaceful assembly;

3. Calls upon the Government of China

A) To ensure the observance of all human rights, including worker rights, in accordance with its obligations under the human rights conventions to which it is a party and as a member of the International Labor Organization, and to ratify in the near future the International Covenant on Civil and Political Rights;

B) To take further measures to improve the impartial administration of justice and the rule of law;

C) To accelerate efforts to reform, with a view to rapid elimination, the re-education through labor system and forced labor;

D) To release political prisoners, including persons imprisoned for the non-violent expression of their political, religious or social views;

E) To permit the peaceful activities of Buddhists, Muslims, Christians and others who seek to exercise their internationally recognized rights of freedom of religion or belief or conscience and of peaceful assembly;

F) To preserve and protect the distinct cultural, ethnic, linguistic and religious identity of Tibetans and others;

G) To develop, with countries or regional groupings that seek them, productive bilateral dialogues and related technical assistance programs, with the involvement of relevant experts, with a view to reaching further positive developments before the next session of the Commission;

H) To cooperate with all thematic special rapporteurs and working groups of the Commission, and to give consideration to their recommendations;

4. Decides to continue its consideration of the situation of human rights in China at its fifty-eighth session.

[End.]

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