Speakers
Li Xiaojun, head of the Publicity Department of the Bureau of Human Rights Affairs of the State Council Information Office (SCIO)
Li Xiaomei, special representative for human rights at the Department of International Organizations and Conferences of the Ministry of Foreign Affairs
Li Xiao, first-level inspector of the Research Office of the Supreme People's Court
Chang Jian, director of the Research Center for Human Rights of Nankai University
Zhang Yonghe, executive dean of the Human Rights Institute of Southwest University of Political Science and Law
Chairperson
Speakers:
Li Xiaojun, head of the Publicity Department of the Bureau of Human Rights Affairs of the State Council Information Office (SCIO)
Li Xiaomei, special representative for human rights at the Department of International Organizations and Conferences of the Ministry of Foreign Affairs
Li Xiao, first-level inspector of the Research Office of the Supreme People's Court
Chang Jian, director of the Research Center for Human Rights of Nankai University
Zhang Yonghe, executive dean of the Human Rights Institute of Southwest University of Political Science and Law
Chairperson:
Shou Xiaoli, deputy head of the Press Bureau of the State Council Information Office (SCIO) and spokesperson of the SCIO
Date:
May 31, 2021
Shou Xiaoli:
Ladies and gentlemen, good afternoon. Welcome to this briefing held by the State Council Information Office (SCIO). The briefing is on the implementation of the National Human Rights Action Plan of China (2016-2020). Today, we are joined by Mr. Li Xiaojun, head and second-level inspector of the Publicity Department of the Bureau of Human Rights Affairs of the SCIO; Ms. Li Xiaomei, special representative for human rights at the Department of International Organizations and Conferences of the Ministry of Foreign Affairs; Ms. Li Xiao, first-level inspector of the Research Office of the Supreme People's Court (SPC) and SPC senior judge; Mr. Chang Jian, professor and director of the Research Center for Human Rights of Nankai University; and Mr. Zhang Yonghe, professor and executive dean of the Human Rights Institute of Southwest University of Political Science and Law. First, our speakers will take turns to brief you on the issues and will then take questions.
Now, let's give the floor to Mr. Li Xiaojun.
Li Xiaojun:
Good afternoon, everyone. The National Human Rights Action Plan of China (2016-2020) is the third plan of its kind formulated and implemented by China since 2009. It is also the first action plan that meshes with China's five-year plan for national economic and social development. Over the past five years, under the strong leadership of the Central Committee of the Communist Party of China (CPC) with Comrade Xi Jinping at its core, central and local government bodies, departments and all sectors of society have worked together to secure a decisive victory in building a moderately prosperous society in all respects. China has won a complete victory in its fight against poverty, and effectively safeguarded people's lives and health in its fight against the COVID-19 pandemic. Given this, the action plan has been implemented in a comprehensive manner. The main targets and tasks have been met as scheduled, and dozens of indicators have been completed ahead of schedule or surpassed. The Chinese people's sense of gain, happiness and security has been significantly enhanced.
Living a happy life is the primary human right. The action plan espouses a people-centered development philosophy, striving to address the difficulties and shortages in developing human rights in China. It highlights efforts to remedy deficiencies and strengthen weak links, focusing on safeguarding the rights of poor people, disadvantaged groups and vulnerable groups, in a bid to achieve fairness and justice. The implementation of the plan has strengthened China's capacity to safeguard people's economic, social and cultural rights. People's civil rights and political rights have been protected more effectively, and the rights of ethnic minorities, women, children, the elderly and people with disabilities have been fully safeguarded. Human rights knowledge has been publicized, and human rights education has been ingrained into people's minds. International communication and cooperation on human rights have also been fruitful.
We have also gained new experience through implementing the action plan. This includes adhering to the leadership of the CPC, the guidance of the government, legal protection, public participation, as well as supervision from multiple sectors. The SCIO and the Ministry of Foreign Affairs took the initiative to set up the joint meeting mechanism for the National Human Rights Action Plan, which functions as a coordinating body. Over 40 central departments and people's organizations have taken their due responsibility to implement and supervise the action plan in an orderly manner. Media outlets, national human rights education and training centers, social organizations and enterprises have all played vital roles in the cause.
China's formulation and implementation of national human rights action plans has been well recognized by the international community. Currently, more than 60 countries have formulated national human rights action plans, and China is one of the few countries that has formulated more than three phases of such plans. In November 2018 when China's human rights record was examined for the third time by the Universal Periodic Review (UPR) mechanism of the UN Human Rights Council (UNHRC), more than 20 countries spoke highly of China's efforts to formulate and implement national human rights plans. For the UPR session of the UNHRC, this is not common. China is willing to share our useful experiences in promoting and safeguarding human rights with the rest of the world. Meanwhile, China is also working toward making new contributions to the sound development of international human rights and global governance on human rights.
The implementation of the action plan could not happen without effective supervision and evaluation. The joint meeting mechanism for the National Human Rights Action Plan has conducted periodic research, examinations and evaluations on the action plan's implementation, continuously strengthening the efforts. Last year, we also commissioned a third-party research body to evaluate the implementation situation, and detailed reports will soon be published.
As the world's biggest developing country, China completed the eradication of extreme poverty — one of the targets of the UN 2030 Agenda for Sustainable Development — 10 years ahead of schedule. China is also moving up on the UN's Human Development Index. Chinese people enjoy extensive and real democracy and freedom, and China has made remarkable progress in its protection of human rights. In order to provide all Chinese people with better and happier lives, we still need to make efforts in the field of human rights.
China is currently formulating the fourth phase of its National Human Rights Action Plan. We will work in accordance with the target of "promoting the comprehensive development of the human rights cause" put forward by the fifth plenary session of the 19th CPC Central Committee and the 14th Five-Year Plan (2021-2025). As China embarks on a new journey toward fully building a modern socialist country, we will better put into practice the principles of respecting and protecting human rights as stipulated in the Constitution of the People's Republic of China and the Constitution of the CPC. The fourth phase of the action plan will soon be published and implemented.
There is no best, only better human rights protection. We have faith that China's human rights cause will see a brighter future. Thank you.
Shou Xiaoli:
Next, let's give the floor to Ms. Li Xiaomei.
Li Xiaomei:
Ladies and gentlemen, friends from the media, good afternoon. I'm very pleased to be taking part in this briefing on the implementation of the National Human Rights Action Plan of China (2016-2020) on behalf of the Ministry of Foreign Affairs. Formulating and implementing the National Human Rights Action Plan of China is an important move for the Chinese government in practicing the constitutional principle of "respecting and protecting human rights," comprehensively promoting the development of China's human rights cause and fulfilling its international human rights obligations. Over the past five years, China has achieved remarkable accomplishments in terms of international communication and cooperation of human rights, making great contributions to the sound development of the international human rights cause. These achievements can be outlined in four main aspects:
First, we have been taking an active part in international human rights governance. In 2020, China was once again elected as a member of the UNHRC. Being one of the very few nations that have been elected as a member five times, China firmly upholds multilateralism, safeguards the purposes and principles of the UN Charter, actively participates in the multilateral human rights mechanism work and advocates promoting human rights through peace, development, cooperation and justice. We have proposed a series of proposals and initiatives at the U.N., and advanced the establishment of a fair, just, rational and efficient international human rights system. Thanks to China's efforts, the concept of building a community with a shared future for mankind has been written into resolutions of the UNHRC a dozen times.
Second, we have firmly defended national interests and image. China advocates conducting human rights dialogue and cooperation on the basis of equality and mutual respect, and opposes the politicization of human rights, double standards, and interfering in other countries' internal affairs under the pretext of human rights. China has firmly safeguarded national interests and dignity, winning support from other friendly and developing countries.
Third, we have earnestly performed our international human rights duties. In 2018, China underwent its third cycle of Universal Periodic Review (UPR) at the UNHRC. The development notions, practices and achievements with Chinese characteristics were highly commended by more than 120 countries and China accepted 284 suggestions proposed by other countries. We timely submitted the implementation reports on several human rights conventions, such as the International Covenant on Economic, Social, and Cultural Rights, the Convention on the Rights of Persons with Disabilities, and the Convention on the Elimination of All Forms of Racial Discrimination. Considering China's national conditions, we accepted and implemented reasonable and plausible suggestions.
Forth, we conducted a wide range of communication and cooperation on human rights matters. Over the past five years, we have held human rights dialogues and negotiations with over 20 countries and organizations. We have communicated and cooperated with the Office of the UN High Commissioner for Human Rights, received the UNHRC special rapporteur on extreme poverty and human rights, and an independent expert on the enjoyment of all human rights by older persons on visits to China. We hosted important activities like the 10th Anniversary Meeting of the Adoption of the Convention on the Rights of Persons with Disabilities and the International Symposium on the 30th Anniversary of the Adoption of the United Nations' "Declaration on the Right to Development."
Friends from the media, this year marks the 50th anniversary of the restoration of China's lawful seat at the United Nations. Being a responsible member of the U.N. family, China has always been an important participant, contributor and constructor in the field of international human rights. This February, State Councilor and Foreign Minister Wang Yi took part in the 46th Session of the UNHRC and delivered a speech by video. He put forward four proposals, namely, that we should embrace a human rights philosophy that is people-centered, uphold both the universality and particularity of human rights, systemically advance all aspects of human rights, and continue to promote international dialogue and cooperation on human rights, which were received enthusiastically.
In the future, we will be guided by Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era and Xi Jinping Thought on Diplomacy, continue to earnestly fulfill our international human rights obligations, comprehensively get involved in global human rights governance, advocate common values featuring peace, development, fairness, justice, democracy and freedom, voice words of justice on international occasions, inject positive strength into international cooperation, help all countries join hands to promote and protect human rights and advance building a community with a shared future for mankind. Thank you.
_ueditor_page_break_tag_Shou Xiaoli:
Now, let's give the floor to Ms. Li Xiao.
Li Xiao:
Friends from the media, good afternoon. I'd like to brief you on major measures taken by the judiciary to implement the National Human Rights Action Plan (2016-2020) and the progress of its implementation.
The judiciary have always attached great importance to the implementation of the action plan and have incorporated the action plan into the work plans of their systems and departments in accordance with the principle "each performing its own functions and sharing the work and responsibilities,"and adopted effective measures to actively push for implementation. The Supreme People's Court has closely focused on the work goal of ensuring that citizens feel fairness and justice in every judicial case and espoused a people-centered view of human rights to implement the constitutional principles of respecting and protecting human rights. They have promoted the rule of law in safeguarding human rights and fulfilled the targets and tasks of the judicial work set in the action plan as scheduled.
In order to guarantee the right to fair trial for all parties, the judicial system of China has made the following efforts:
First, they have carried out reform of the judicial system and enforced judicial accountability in all respects. By strictly implementing the Regulations on the Recording, Notification, and Accountability Investigation of Leading Officials for Interventions in Judicial Activities and Handling of Specific Cases, the Regulations on the Recording and Accountability Investigation of Staff Members of Judicial Organs for Their Intervention in Case Handling, and Provisions on Further Regulating the Contact and Association between Judicial Officials and the Parties Concerned, Lawyers, Special Interested Parties, and Intermediary Organizations, they have defined their functions and duties clearly and improved the supervision mechanism to ensure the independence of judicial power in accordance with the law.
Second, they have further promoted the reform of the criminal litigation system with a focus on adjudication. They have strictly enforced the principles of "statutory crime and penalty," "no punishment in doubtful cases" and "evidentiary adjudication," and "exclusionary rule" so as to realize the substantive reform of court trials and prevent and correct unjust, false and wrong cases. From 2016 to 2020, China's courts acquitted 5,479 defendants.
Third, they have fully guaranteed defendant's rights to defense and legal assistance. They have protected lawyers' rights to meet their clients, to read case files, to investigate and obtain evidence, to conduct cross-examination, and to debate and defend, and other litigious rights. They have also improved the work mechanism for lawyers to perform their duties by law.
Fourth, they have improved the system of right remedy and assistance. They have raised standards of compensation to increase the daily compensation from 17.16 yuan ($2.69) in 1995 to 373.1 yuan in 2021. From 2016 to 2020, courts at all levels concluded 87,152 cases involving state compensation. By implementing the Opinions on Carrying out Victim Relief Work, they have established the Judicial Assistance Committee. From 2016 to 2020, they handled 205,600 legal aid cases, and the level of judicial protection for human rights was continuously improved. Thank you.
Shou Xiaoli:
Next, I will give the floor to Mr. Chang Jian.
Chang Jian:
Good afternoon. It is a great pleasure to meet with you all at this briefing regarding the implementation of the National Human Rights Action Plan. I'd like to brief you on our study of civil and political rights in China.
Generally speaking, the Chinese government has further stepped-up efforts to guarantee civil and political rights. Specifically, they have taken a series of measures to safeguard citizens' personal freedom, freedom of religious belief, property rights, the right to information, the right to participation, rights of expression and the right to supervision. They have achieved results.
In terms of safeguarding personal freedom, China has established a system of archiving the entire law-enforcement process, and revised the Administrative Penalties Law, which clearly defines that "the power of administrative penalty involving restriction of personal freedom shall only be exercised by the public security organs" and other organs as prescribed by law.
As for guaranteeing the freedom of religious belief, China has revised the Regulations on Religious Affairs to add a section covering religious schools. From 2016 to 2020, 12 new religious schools were established in China, bringing the total number to 95.
In terms of guaranteeing the right to property, China has amended the Land Administration Law, the Urban Real Estate Administration Law, the Law on Rural Land Contracting, the Copyright Law and the Patent Law to improve the protection of the property rights of rural collectives and individual citizens, as well as the intellectual property rights in China.
In terms of the rights to information, participation, expression and supervision, more than 90 draft laws have been made available for public consultation since 2018. The system of publicity for administrative law enforcement was rolled out in 2019. During the past five years, non-Communist parties and the All-China Federation of Industry and Commerce have submitted more than 1,800 proposals. A draft of the revised Administrative Reconsideration Law has solicited public opinion since the end of last year. In 2020, the administrative review organs at all levels handled around 242,000 applications for administrative reconsideration and the proportion of direct error correction decisions made reached 14.6%. Thank you.
Shou Xiaoli:
Next, I will give the floor to Zhang Yonghe.
Zhang Yonghe:
I'm very glad to attend this briefing today. As scholars, we participated in the implementation of the plan. I have done research on economic, social and cultural rights, and I am willing to communicate with you in this regard.
First, generally speaking, our action plan is consistent with the basic framework of the U.N. International Covenant on Economic, Social and Cultural Rights and International Covenant on Civil and Political Rights, which means that our action plan meets the U.N. requirements.
Second, the third action plan is completely consistent with our 13th Five-Year Plan (2016-2020), and they complement each other. In the past five years, the Chinese government has taken practical measures to actively promote the successful completion of the goals and tasks of the National Human Rights Action Plan (2016-2020).
In terms of economic, social and cultural rights, the Chinese government has continuously deepened reforms, implemented the requirements of the 13th Five-Year Plan in the economic, social and cultural fields, and adopted a series of major measures to promote development and benefit people's livelihoods. For example, we have implemented the annual paid leave system, strictly standardized the special working hours system, and established vocational education and continuing education systems. We have implemented targeted poverty reduction and alleviation strategies and accomplished the targets and tasks for eliminating poverty. We have completed the compilation of the Civil Code, which further improves the property rights of civil subjects, as well as the specific system whereby the property rights of the state, collectives, individuals and other rights holders are equally protected by law.
With regard to the rights of specific groups, the Chinese government has adopted a series of major measures to provide preferential protection for the rights of specific groups, raising the level of protection for the rights of ethnic minorities, women and children. More than 50 autonomous regulations and 240 separate regulations have been formulated and revised in 155 ethnic autonomous areas, providing legal support for protecting the legal rights of ethnic minority citizens in accordance with the law. We have issued the Circular about Further Regulating Recruitment and Promoting Women's Employment, specifying six types of gender discrimination in employment that shall not be committed, and establishing a working mechanism for joint departmental interviews to provide safeguards for women's equal employment. The Law of the P.R.C. on the Protection of Minors was revised in 2020 and ensures a mandatory reporting system for violations of minors' lawful rights, a prevention and control system for school bullying, and a cybersecurity system.
In general, the third action plan has played a very important role in promoting the cause of human rights in China. Thank you.
_ueditor_page_break_tag_Shou Xiaoli:
Thank you. Now, the floor is open for questions. Please identify your news outlets before asking questions.
CGTN:
Just now you mentioned that significant progress has been made in implementing this action plan, including poverty alleviation. Can you please tell us about the improvement in the protection of the rights of the people in Xinjiang, Tibet and other regions where ethnic minorities live? Thank you.
Zhang Yonghe:
We have done a lot of research in Xinjiang and Tibet, and from our research, it should be said that the entire economy, society and culture of Xinjiang and Tibet have undergone tremendous changes in the past five years, and in fact it is the people who have changed even more. In this process, we focused not only on the "development of people," but also "helping people develop." Over the past five years, the promotion of their human rights has been enhanced, both spiritually and in many of ways. The results are very obvious, so I think the Chinese government has done a very good job in this regard. Thank you.
People's Daily:
What are the new highlights in the implementation of this plan in terms of safeguarding civil and political rights compared to the two previous human rights action plans? Thank you.
Chang Jian:
Let me answer this question. Much progress has been made in the protection of civil and political rights. We recently went to Zhejiang, Shanghai, and other places to conduct research. From my personal experience, I feel that there has been more prominent progress in the construction of grassroots democracy.
The improvement of community-level democracy mainly includes the construction of urban residents' committees, rural villagers' committees, and meetings of workers' representatives of enterprises and institutions. During the implementation process, China revised the organic law of the urban residents' committees. About 28 provinces, autonomous regions, and municipalities nationwide formulated or revised the implementation methods of the organic law of villagers' committees, and villagers' supervisory committees were established in various places. Village affairs were made public by counties and the procedures and time for disclosure also ensured transparency. Labor unions at all levels have also basically established a democratic system of dealing with enterprise affairs with meetings of workers' representatives as the basic form, which includes a system for transparency of enterprise affairs, a workers' director system, a workers' supervisor system, and a collective contract system for equal consultation. These are all legal forms that ensure democracy within enterprises. Other specific forms such as workers' democratic management committees, democratic councils, talks between labor and capital, and democratic consultation meetings were also set up.
In particular, we made investigations in Houchen village, Wuyi county of Jinhua city, Zhejiang province, China's first village to establish a village affairs supervision committee, starting in 2004. This is a vivid example. At that time, village officials worked hard for the villagers, however, due to a lack of information being disclosed, residents were skeptical about the village finances and thought that the officials might be embezzling money. Later, the village affairs disclosure system and the village affairs supervision system were set up, publishing details of how every yuan was spent. The move had a great effect. Now, the officials believe that as long as they work hard to disclosure all information for the villagers to supervise, the villagers will trust them more, since people will be able to observe and recognize their work. In 2016, the revised Organic Law of the Villagers Committees incorporated the village affairs supervision system, which has been adopted nationwide, delivering good results. Thank you.
Cover News:
The National Human Rights Action Plan stipulates strictly controlling application of the death penalty and intensifying the procedures for reviewing death penalty cases. What work has the Supreme People's Court done in this regard in recent years? What proportion of death penalty cases are not approved? Some law scholars have called for open trials or hearings in reviewing death sentences cases. What is the Supreme People's Court's take on this? Thank you.
Li Xiao:
Thank you for your questions. I see you have a strong interest in death sentences cases. I will answer your questions one by one.
First, the Supreme People's Court has done a lot of work to strictly control the approval of death sentences. For example, in terms of legislation, those who perform major meritorious services should be given lesser punishments, and we approve as few death penalty cases as we can. For defendants over 75 years old, unless they committed crimes of intentional homicide or the circumstances were heinous, they should not be sentenced to death. In reviewing death penalty cases, we have strengthened human rights protection by entrusting lawyers to give them every opportunity to conduct their defense. The Supreme People's Procuratorate has regulations related to the supervision of death penalty cases.
Your second question was about the proportion of cases that result in the death penalty. In reviewing capital punishment cases, the Supreme People's Court sticks to the highest standards, strictest rules, and the principle of seeking truth from facts, approving those should be approved, and rejecting those that should be rejected. From time to time, we also release details of typical cases. Therefore, there is no certain proportion — it all depends on seeking truth from facts.
Reviewing death penalty cases, as a special hearing procedure, is different from the lawsuit procedures of first and second instance judgments. The Supreme People's Court considers the defense of lawyers during the review as much as possible, and is also supervised by the Supreme People's Procuratorate. Thank you.
_ueditor_page_break_tag_CCTV:
In recent years, what specific measures have been taken in terms of human rights information popularization and education? What experiences can you share? Thank you.
Li Xiaojun:
Over the past five years, China has scaled up efforts to publicize, educate and train people about human rights and spread the concept of human rights. We have hosted various themed publicity campaigns, especially on such occasions as the national two sessions, International Women's Day, International Workers' Day, International Children's Day, National Day for Helping the Disabled, National Constitution Day, Human Rights Day, as well as during the seventh five-year plan to publicize law period (2016-2020), focusing on the formulation, revision, and implementation of important laws and regulations related to human rights, so as to increase society's awareness of respecting and protecting human rights.
Over the past five years, the SCIO and national human rights education and training bases supported by eight universities, have held 220 national training classes on human rights and trained more than 31,000 people. In the law system, around 200 training sessions have been organized, inviting experts on human rights to give lectures. Human rights education has been intensified for students in colleges, as well as middle and elementary schools. Human rights content has been included in teaching materials and classes, with more than 60 colleges creating classes on human rights, and chapters about respecting and protecting human rights added to books for junior high schools and high schools. The media is active in reporting about human rights. Through the magazine "Human Rights," the "Chinese Journal of Human Rights," and humanrights.cn, organizations like the China Society for Human Rights Studies have publicized human rights knowledge and spread the idea of human rights protection. The concept of protecting human rights according to the law has taken deep root in people's hearts. Thank you.
Chang Jian:
I have some points to add. With regard to the dissemination of knowledge and training on human rights, we have made a lot of effort in the area of human rights education in universities and colleges. On one hand, we set up public elective courses to popularize basic knowledge of human rights, which are accessible to all students. For example, Nankai University set up the public elective course on basic knowledge and literacy of human rights. In addition, specialized courses in human rights are offered in various faculties, with the School of Law offering courses in international human rights law and the Zhou Enlai School of Government offering courses in the politics of human rights.
Meanwhile, we have also explored ways of promoting human rights education at primary and secondary schools. On one hand, the basic knowledge of human rights, especially that involved in the Law on Protection of Minors, was integrated into courses and textbooks of primary and secondary schools. Moreover, we have also sought to add human rights related knowledge into out-of-class reading materials. A special working group set up by Nankai University compiled a book named "The Story of Nannan and Kaikai," a comic for extracurricular reading for primary and secondary school students. We have different versions for primary school students, secondary school students and teachers respectively, which enables students to have a basic understanding of human rights at primary and secondary schools. Thank you.
Zhang Yonghe:
I would also like to add some information. Mr. Chang just talked about the situation of Nankai University. I think China's human rights education is probably the most distinctive. We have a master's program, a doctoral program, international students, post-doctoral students, and now we also offer undergraduate education in human rights, forming a basically complete education system. In this way, we have cultivated a lot of high-end talents on human rights, who are the backbone of our human rights cause. Thank you.
_ueditor_page_break_tag_Lianhe Zaobao:
My question is about human rights issues in Xinjiang. What is your response to the perception of some international opinion that the human rights of the Uygurs there are being violated? Also, what are the priorities for the next phase in terms of human rights for ethnic minorities? Are there any more prominent issues that you will focus on next? Thank you.
Li Xiaojun:
Let me say a few words first and then I will give the floor to Mr. Zhang. There has been a large amount of hype about human rights in Xinjiang. When I was attending a United Nations meeting in 2018, some countries were engaged in political manipulation of human rights issues related to Xinjiang. They are still making irresponsible remarks on Xinjiang. In fact, the past five years have been the best five years for the development of human rights in China's Xinjiang, with significant improvements in people's living standards and great achievements in poverty eradication, with all poor counties removed from the poverty list and all people in absolute poverty lifted out of poverty. Therefore, the achievements in human rights development in Xinjiang have been great, and deliberate smears by some members of the international community are purely unfounded.
The same is true with regard to ethnic minorities. China's ethnic minorities, whether in terms of economic development, social development or ethnic unity, culture and education, freedom of religious belief and many other aspects, can also be said to have reached the best level in recent decades.
Zhang Yonghe:
I have some points to add about this question. Some Western countries have questioned the guarantee of human rights in Xinjiang, and their accusations are purely unfounded. I have been doing research in Xinjiang for more than a decade, focusing on primary construction in rural areas and employment issues. I hope you can give your attention to the official website of the Human Rights Institute of Southwest University of Political Science and Law (SWUPL), where you can find many published paper reports responding to the issue. We are working on other related reports, which will be released on our website when available, so please stay tuned.
Li Xiaomei:
Just now the reporter mentioned international public opinion, and I would like to add a figure. During the 46th Session of the UNHRC, in response to some countries' attacks and smears against China on Xinjiang-related issues, a total of 64 countries made a joint statement to support China's justified position and measures on Xinjiang-related issues. Together with those countries that supported China through separate speeches and statements, nearly 100 countries voiced their support for China's policies on Xinjiang at the UNHRC, and they opposed interference in China's internal affairs, which fully reflects the trend of popular sentiment in the international society and indicates that people can tell right and wrong. Thank you.
_ueditor_page_break_tag_CRNTT:
The third National Human Rights Action Plan (2016-2020) added the principle of collaborative promotion, emphasizing that human rights development relies on the joint participation of all parties. In the past five years of implementation, how have the various social forces joined together to promote the development of human rights? Thank you.
Chang Jian:
I'll answer this question. I am glad that you have paid attention to the principle of collaborative promotion we proposed while formulating the National Human Rights Action Plan (2016-2020). As we know, the National Human Rights Action Plan (2009-2010) and the National Human Rights Action Plan (2012-2015) focused on three principles: advancement in accordance with the law, coordination and pragmatic advancement. In the third action plan we have added two more principles, one is the collaborative promotion that we have just talked about, and the other is the equal promotion.
Regarding promotion with joint efforts, we mainly emphasize that governments, enterprises, public institutions and social organizations work together to facilitate the development of human rights. We have noticed that enterprises and public institutions have done a lot in this regard. During our recent inspection trip to Zhejiang province, we noticed an interesting phenomenon that many communities there have set up community development foundations to provide services for the elderly, education for minors, and assistance for ethnic minorities. These foundations are mainly funded by local enterprises. The government has launched a number of projects where assistance is needed and has also implemented specific measures for the protection of human rights. An important program is called "Spring Mud Plan", which aims to help meet the educational and living needs of minors at school, especially of left-behind children and children of migrant workers, among others. At the grassroots level, volunteer organizations have developed vigorously. For example, in the fight against the COVID-19 epidemic, volunteer groups have played an essential role in providing community, transportation and hospital services.
At the local level, many regions have paid special attention to the role of social organizations in carrying out public welfare activities, especially in protecting the rights of the elderly, people with disabilities, minors and ethnic minorities. A host of relevant figures are available in such localities, and I have seen a substantial increase in the figures compared to previous years. Thank you.
China Daily:
What constitutes a good human rights situation? Is there an international consensus on it? What is the connection between China's human rights concept and the global consensus on human rights? What does China's human rights concept focus on? Are human rights universal? Thank you.
Li Xiaomei:
Thank you for your questions. In a congratulatory letter to a symposium marking the 70th anniversary of the Universal Declaration of Human Rights (UDHR) on Dec. 10, 2018, President Xi Jinping said that living a happy life is the primary human right. Since the day of its foundation, the CPC has set its goal to work for the wellbeing of the Chinese people and for human progress. China respects the principle of human rights' universality reflected in the UN Charter and the UDHR. At the same time, China upholds that every country enjoys the right to and must independently choose its own path of human rights development in light of its national conditions and social development level. This is also what China has been practicing. As I mentioned in my briefing just now, at the high-level meeting of the 46th session of the United Nations Human Rights Council convened in February this year, Chinese State Councilor and Foreign Minister Wang Yi once again called for integrating the principle of human rights' universality with the practices of different countries. We also admit that countries have various views on this issue, which is why China has always been an active advocate of human rights dialogue and cooperation. China calls on all countries to engage in dialogue and cooperation regarding human rights on the basis of equality and mutual respect. Thank you.
Chang Jian:
I would like to add a few more words on this point. The so-called universal consensus is also widely discussed here in China. Looking into the history of human rights development, I believe that human rights were originally developed in different countries and nationalities. For example, China has always upheld Confucianism emphasizing benevolence towards fellow human beings. In the West, there is a tradition of natural law and natural rights. Africa holds a utopian view and thinks that one should treat others like brothers, while Buddhism advocates that all beings are equal. So, human rights are inherently permeated by different cultures. As for the formation of a consensus on human rights, it was actually with the globalization of the economy, especially since the Second World War, when fascism victimized humanity, that a certain consensus was reached among different national cultures on the issue of human rights, as highlighted by the UDHR and various international human rights covenants. In this regard, China was one of the drafters of the UDHR. At that time, Zhang Pengchun, then vice president of the United Nations Commission on Human Rights, jointly drafted the UDHR with Mrs. Roosevelt (the wife of former U.S. President Franklin Delano Roosevelt) and others. In recent years, China has acceded to a total of 26 international conventions on human rights and a raft of International Labor Organization (ILO) conventions. China safeguards and facilitates the current internationally recognized of human rights concepts.
On the other hand, we observe that different countries have different conditions, different cultures, different political systems, and different levels of economic and social development, so there are certainly many differences in how human rights are understood and how they are implemented. For example, in terms of the perception of human rights, it became obvious during this COVID-19 pandemic that China puts the right to life and right to health as the top priority, while some other countries may put economic development, political votes and personal freedom as their top priority, which may lead to different results. In addition, China is a developing country, so it puts the rights to subsistence and development in the priority place, while some developed countries have different priority rankings in regards to human rights. Just as Ms. Li Xiaomei mentioned a moment ago, there are different development paths in the world. We now emphasize dialogue and inclusiveness in the international community, advocating that you should not use your own country's human rights implementation measures as universal standards. Otherwise, there will be problems. But how do you test whether a country's human rights situation is good or bad? China's point of view is this: it's not enough to just write human rights in the law. The most important examination criteria are people's senses of gain, happiness, and security, and we should use people's actual sense of satisfaction to examine whether the human rights situation is good or bad in a country. Thank you.
_ueditor_page_break_tag_Guangming Daily:
In recent years, some unjust, false and wrong cases have been corrected, and the society has paid broad attention. Since the implementation of the third National Human Rights Action Plan, what new measures have been taken to strengthen the judicial protection of human rights and prevent unjust, false and wrong cases? Thank you.
Li Xiao:
Thank you for your question. Since the implementation of the third National Human Rights Action Plan (2016-20), judicial organs have continuously established and improved relevant mechanisms to prevent unjust, false or wrong cases at the source. There are five main measures:
First, we have standardized the procedure for excluding illegal evidence. We have improved the mechanism for effectively preventing and correcting unjust, false and wrong cases in a timely manner, and strengthened the prevention of interrogation by torture and illegal collection of evidence at the source.
Second, we have implemented a system of synchronous audio and video recording throughout the interrogation of criminal suspects. Public security organs at all levels across China have now generally implemented full-process audio and video recording of every interrogation process in all criminal cases. People's procuratorates have also implemented synchronous audio and video recording of the entire process of interrogating suspects of work-related offences.
Third, we have launched pilot work to ensure legal defense is provided in all criminal cases, and established and improved a duty lawyer system, which means that every defendant in every criminal case will receive legal assistance from a lawyer.
Fourth, we have standardized the case-filing review standards of criminal appeal cases, and improved the procedures and requirements for reviewing criminal appeal cases. We have sought truth from facts, looked into any mistakes, and corrected any wrongs we discovered. From 2016 to 2020, courts nationwide allowed retrials and revised verdicts of 8,310 criminal cases through the trial supervision procedure.
Fifth, we have continued to promote standardization in meting out punishment, regularize the judges' sentencing discretion and enhance openness and impartiality in sentencing.
Regarding the establishment of a long-term judicial relief mechanism in the future, efforts are mainly reflected in two aspects: First, we have continued to advance the reform of the criminal litigation system with a focus on adjudication, and adhered to the principles of "statutory crime and penalty," "no punishment in doubtful cases" and "evidentiary adjudication". We have given full play to the basic role of the first-instance procedure and the reviewing role of the second-instance procedure, continuously improved the evidence review mechanism, and resolutely maintained the bottom line of preventing unjust, false and wrong cases. Second, we have improved the right remedy mechanism. Thank you.
_ueditor_page_break_tag_Xinhua News Agency:
What shortcomings and deficiencies in the protection of economic, social and cultural rights have been remedied during the third National Human Rights Action Plan period? Thank you.
Zhang Yonghe:
In the course of our research, we found that the implementation of the third National Human Rights Action Plan has made up for the shortcomings and deficiencies in many areas. The first was the implementation of a real-name registration system for dynamic management and categorized assistance for people with employment difficulties, with particular attention being paid to families with no one holding a job. The second was comprehensive efforts to address the issue of wage arrears for migrant workers. The third was efforts to ensure equal basic housing rights for holders of residence permits with locally registered residents. In addition, there were other aspects such as improving the food safety credit system. Thank you.
Beijing Daily:
How was the right to health guaranteed in the fight against COVID-19 in 2020? During the regular prevention and control phase, how will the prevention and control of sudden outbreaks be strengthened in terms of human rights protection, and will new indicators be added regarding the prevention and control of outbreaks? Thank you.
Zhang Yonghe:
Regarding the Chinese government's prevention and control of the COVID-19 pandemic and its protection of human rights, the Human Rights Institute of Southwest University of Political Science and Law made a special report in February last year, which was published on our website in both Chinese and English. In the prevention and control of the COVID-19 pandemic, the Chinese government has made the protection of the right to life its top priority. The results and effectiveness of our country's fight against the pandemic are obvious to all. Thank you.
Shou Xiaoli:
Please continue with your questions, the last two questions.
_ueditor_page_break_tag_Southern Metropolis Daily:
The National Human Rights Action Plan has proposed refining the system of pleas for leniency. What can be done to ensure that defendants' confessions are made voluntarily and that their punishments are accepted willingly? Thank you.
Li Xiao:
Thank you for your question. The system of pleas for leniency was included in the Criminal Procedure Law in 2018. I will answer your questions from four aspects. First, in terms of legislation, the personnel in charge of cases should perform the duties of disclosure, granting the right to information to all suspects and defendants. Second, we have established a duty system to ensure that defendants can make correct decisions with the help of a lawyer, either designated by legal aid agencies or entrusted by themselves. Third, at the trial stage, the courts should comprehensively review whether confessions were made voluntarily and punishments were accepted willingly. If the statements and actions were not made voluntarily by the defendants, the case should be transferred to the trial of ordinary procedure. Fourth, defendants are granted the right to go back on their word. We will ensure the voluntariness from these four aspects.
Regarding the long-term mechanism you mentioned, the newly added Chapter 27 of the judicial interpretation of China's revised Criminal Procedure Law released by the Supreme People's Court in February elaborates on the careful handling process of guilty-plea cases. Thank you.
Global Times:
In recent years, China has become increasingly active in multilateral human rights governance and raised proposals related to human rights on many occasions, especially at the UNHRC. Many Western media and think tanks have stated that China is redefining the concept of human rights which has long been defined by the West. I would like to know, how do you evaluate China's performance in global human rights governance? Thank you.
Li Xiaomei:
Thank you for your question and your interest in China's participation in the global human rights cause. As I mentioned before, this year marks the 50th anniversary of the restoration of China's legitimate rights in the United Nations. Peace, development and human rights are the three pillars of the U.N.'s work. China has always firmly supported multilateralism, safeguarded the purposes and principles of the UN Charter, and participated in depth in the work of the UNHRC and the General Assembly Third Committee. China is one of only a few nations to have been elected as a member of the UNHRC five times. In the past few years, we have made a string of proposals based around international situations and domestic contexts, including a 2016 initiative to bolster public health capacity building to combat the Ebola outbreak in West Africa. In 2017, UNHRC adopted two resolutions on the question of the realization in all countries of economic, social and cultural rights, and the right to food. Both the resolutions called for efforts to build a community with a shared future for mankind. Incorporated in a number of the council's resolutions since then, the concept of "community with a shared future for mankind" has increasingly become a key component in the global discourse on human rights matters.
China has repeatedly put forward the proposal titled "The Contribution of Development to the Enjoyment of All Human Rights" at the UNHRC, which proposes including the idea of "promoting human rights through development" in the international human rights system. On May 28, a seminar on The Contribution of Development to the Enjoyment of All Human Rights was held by the Office of the United Nations High Commissioner for Human Rights (OHCHR), bringing together representatives from over 200 countries and organizations. In March, the UNHRC adopted a China-initiated resolution calling on all parties to strengthen win-win cooperation in the field of human rights, forge a new type of international relations featuring mutual respect, fairness, justice and win-win cooperation, and build a community with a shared future for mankind.
When it comes to global human rights governance, China opposes egotism and bullying and supports fairness and justice, and win-win cooperation. Certain countries have adopted an expedient attitude toward multilateralist human rights groups and attempted to tweak international rules for their own interests, which is typical unilateralism. China proposes integrating the universality and particularity of human rights, respecting other countries' right to independently choose human rights development path and defending democratic and law-based international relations. In a manner of speaking, the human rights concepts China championed have constantly enriched the global discourse on human rights affairs, promoted the sound development of international human rights governance, and gained positive responses and wide support from the international community, especially developing countries. Thank you.
Shou Xiaoli:
That is all for today's policy briefing. Thank you to all the speakers, and thank you to all of our friends from the media.
Translated and edited by Zhu Bochen, Wang Wei, Mi Xingang, Li Huiru, Duan Yaying, Zhang Rui, Wang Yiming, Wang Qian, Liu Jianing, Huang Shan, Yang Xi, Zhang Junmian, Xu Xiaoxuan, Yuan Fang, Qin Qi, Fan Junmei, David Ball, Jay Birbeck, and Tom Arnstein. In case of any discrepancy between the English and Chinese texts, the Chinese version is deemed to prevail.