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Statement By H.E. Ambassador Sha Zukang Head of the Chinese Delegation on Item 4 at the 59th Session of the Commission on Human Rights

(21 March 2003)

2003-06-30 14:13
Madam Chairperson,

Please allow me to start by congratulating you on your election as Chair to the 59th session of the Commission on Human Rights. I am convinced that under your leadership, this session will surely be crowned with a success. Our congratulation also goes to the other members of the Bureau. At the same time, we would like to express our appreciation to Mr. Jakubowski, Chairman of the 58th session, for his outstanding presidency.

Madam Chairperson,

The Chinese Delegation has carefully studied the first annual report submitted to the Commission by Mr. De Mello, High Commissioner for Human Rights and also listened to his introduction. The report has set forth systematically his views, thoughts and priorities on the promotion and protection of human rights. It has also put forward to the Commission some recommendations worthy of our consideration. The Chinese Delegation would hereby like to make the following comments:

1. On the implementation of international instruments on human rights. A substantial part of the report is on the task facing the international community in implementing the international human rights instruments and put forward some specific recommendations. The Chinese Delegation believes that since the adoption of the Universal Declaration of Human Rights, the international community has formulated various human rights instruments, covering almost all aspects of the promotion and protection of human rights. The Commission and the human rights treaty bodies shoulder major responsibilities in promoting the implementation of the provisions set forth in the human rights instruments. Regrettably, under the interference of the Cold War and its residual mentality, the Commission has to a large extent become a venue for political confrontations. This has seriously hampered the normal function of the Commission. The Chinese Delegation believes that it is time that we should reflect on the situation. The Commission should discard its approach of selectivity and political confrontation and be replaced by dialogue and co-operation for the comprehensive realization of civil, political, social, economic and cultural rights and the right to development. Only thus can the Commission re-establish its credibility, especially among the developing countries, with a view to fulfilling its task of fully implementing the human rights instruments. The Chinese Delegation is ready, together with other delegations, to study carefully the specific measures proposed by the High Commissioner on the prevention of human rights violations.

2. On national mechanisms for the protection of human rights. The report has stressed on the obligations and responsibilities of states in promoting and protecting human rights. In this regard, it has proposed some specific recommendations on improving the national mechanisms. The Chinese Delegation holds that the promotion and protection of human rights is the common responsibility of the international community and all governments. It is of vital importance for states to undertake their obligations and responsibilities. In the light of their own national conditions, governments have the obligation to choose the appropriate way to attain the goal of promoting and protecting human rights. The international community should help create favourable conditions and provide necessary assistance. The Chinese Delegation agrees to the initiative of the High Commissioner in supporting states in their efforts to strengthen the rule of law and capacity-building in the promotion and protection of human rights. Over the past year, the Chinese Government and the Office of High Commissioner for Human Rights (OHCHR) jointly organised a series of activities such as ?the Seminar on Prison Administration?, ?the Seminar on Judges and Lawyers?, ?follow-ups to the Seminar on Human Rights Education? and ?the Seminar on Human Rights and the Police?. All these have yielded positive results. The Chinese Government has extended an invitation to Mr. De Mello to visit China following this session. We expect to conduct extensive exchanges of views with him on the promotion and protection of human rights and to determine the priorities of technical co-operation and specific projects in the field of human rights for the coming year.

3.On the reform of the OHCHR. The developments in the international situation have brought about many new challenges in the promotion and protection of human rights. For instance, how can developing countries realize their right to development in the context of economic globalisation? How can we deal with violations of human right caused by terrorism? How can we ensure the implementation of the Durban Declaration and Programme of Action adopted at the World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance against the backdrop of anti-terrorism? All these are new challenges facing our Commission. Being the Secretariat of the Commission, the OHCHR should be reformed so as to adapt itself to the new situations. The Chinese Delegation supports the initiative of the High Commissioner to restructure his office, hoping that after its restructuring, it would utilize more rationally its human and financial resources and improve its efficiency. Moreover, it is hoped that the OHCHR would take into full account the principle of equitable geographical distribution in the staff recruitment and increase the proportion of staff from developing countries. Only by so doing, can the OHCHR truly become a body worthy of the trust and support of all its member states.

Thank you, Madam Chairperson.
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