Draft text of US resolution on China to be presented at the UN Commission on Human Rights

Situation of Human Rights in China

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, the International Covenants on Human Rights and other applicable human rights instruments, (c/cn.4/1999/1.22, pp1)

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 Convention on the Rights of the Child, and the Convention Relating to the Status of Refugees and its Protocol of 1967 (1/22, pp 2, amended)

Noting that China has reaffirmed its support for the Universal Declaration of Human Rights and, in the past three years, signed bot the International Covenant on Economic, Social, and Cultural Rights and the International Covenant on Civil and Political Rights, although it has yet to ratify either, (1.22, pp 3, updated)

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, (1.22, pp 5, amended)

Taking note of the reports of the Special Rapporteurs on the Question of Torture and other Cruel, Inhuman or Degrading Treatment or Punishment (c/cn.4/xxxx/x), on Freedom of Opinion and Expression (c/cn.4/xxxx/xx), on the Independence of Judges and Lawyers (c/cn.4/xxxx/xx), on Violence Against Women (c/cn.4/xxxx/xx), on Extra-Judicial, Summary or Arbitrary Executions (c/cn.4/xxxx/xx) and on all Forms of Intolerance and of Discrimination Based on Religion or Belief (c/cn.4/xxxx/xx) as well as the reports of the Working group on Arbitrary Detention (c/cn.4/xxxx/xx and add. 1 ??) And the Working Group on Enforced or Involuntary Disappearances (c/cn.4/xxxx/xx), (to be updated as appropriate)

Welcomes:

A) The readiness of the Government of China to exchange information on human rights issues;

B) Progress on the codification of China's legal practice, including changes to China's criminal procedure law;

C) China's continued expressed interest/intent to proceed promptly with ratification of the International Covenant on Civil and Political rights and the International Covenant on Economic, Social and Cultural Rights; (1/22, op1, updated);

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

2. Expresses its concern

A) At continuing repots of violations of human rights and fundamental freedoms in China and severe restrictions on the rights of citizens to the freedoms of non-violent assembly, association, expression, conscience and religion as well as to due legal process and to a fair trial, including harsh sentences for some seeking to exercise their rights; (1.2. op 2a, updated)

B) At increased restriction on the exercise of cultural, religious and other freedoms of Tibetans; (1.22, op 2b)

C) At the harsh crackdown during the past year on members of the China Democracy Party and others who sought to exercise their internationally recognized rights of association, expression and participation on political life (new);

D)At the severe measures taken to restrict the peaceful activities of Buddhists, Muslims, Christians and others, including Falun Gong adherents who, in pursuing non-violent spiritual interests, sought to exercise their internationally recognized rights of belief and peaceful assembly, (new);

3. Calls upon the government of China

a) To enhance the observance of all human rights, including worker rights and rights of refugees, in accordance with its obligations under the human rights conventions to which it is a party, and as a member of the ILO, and to ratify in the near future the International Covenant on Civil and Political Rights and the International Covenant on economic, social and cultural rights; (1.22, op 3a, amended)

B) To take further measures to improve the impartial administration of justice and the rule of law; (1.22, op3b)

C) To release political prisoners, including persons imprisoned for non-violent counter-revolutionary activity; (1.22, op 3c)

D) To permit the peaceful activities of Buddhists, Muslims, Christians and others who seek to exercise their internationally recognized rights of belief and peaceful assembly; (new)

E) To preserve and protect the distinct cultural, ethnic, linguistic and religious identity of Tibetans and others; (1.22, op 3d)

F) To develop meaningful bilateral dialogues with countries or regional groupings which seek them with a view to reaching further positive developments before the next session of the Commission on Human Rights; (1.22, op 3f amended)

4. Decides to continue its consideration of the situation of Human Rights in China at its fifty-seventh session. (1.22, op 4, updated)