COMMITTEE ON RIGHTS OF CHILD EXAMINES REPORT OF CHINA

The Committee on the Rights of the Child has reviewed the second periodic report of China, including the Special Administrative Regions of Hong Kong and Macau, on how they are implementing the provisions of the Convention on the Rights of the Child; as well as the initial report of China and Macau Special Administrative Region on how they are implementing the provisions of the Optional Protocol to the Convention on the sale of children, child prostitution and child pornography.

In opening remarks to the Committee, Sha Zukang, Permanent Representative of China to the United Nations Office at Geneva, said it had been the consistent policy of the Chinese Government to give priority to children and to guarantee their rights to life, development, protection and participation in society. In recent years, the medical care and health conditions for China’s children had markedly improved. Priority was given to basic education and to narrowing the gap among different regions, and between rural and urban areas. The Government put emphasis on the protection of the rights and interests of children from special groups. China had made remarkable progress in all aspects of the protection of children’s rights and interests. However, it was undeniable that China, a developing country which was constrained by social and economic development and other factors, was still faced with multiple, formidable difficulties and challenges in the protection of children.

Committee Experts raised questions during the meeting related to, among other things, the repercussions of the family-planning policy on the most vulnerable children, notably the girl child and children with disabilities; the impact of infanticide on the economy; issues related to adoption, including foreign adoption and the size of orphanages; issues related to birth registration and when this was not done, in particular with regard to girl children; issues related to child pornography, in particular with regards to Internet pornography; trafficking in children for purposes of child prostitution as well as other purposes; and measures adopted in the context of the Optional Protocol.

In preliminary concluding remarks, Committee Expert Lothar Friedrich Krappman, who served as co-Rapporteur for the report of China, said abundant information had been received, the reports were rich in information, the written replies substantial, and the two-day explanations had been very enlightening. It had been a very candid exchange, including on very delicate topics. Many of the questions had been answered - some not to the extent or depth that had been hoped for. A number of convincing arguments had been heard, some left doubts, and some explanations urged the Members to reconsider their opinions. The concluding observations would still hold concerns, and Mr. Krappman was sure that these were shared concerns, and that China would want to implement as many of the recommendations as soon as resources were available, and he urged that these be put at the top rank of policies, even if some were controversial.

The Committee will release its final, written concluding observations and recommendations on the reports of China towards the end of its three-week session which will conclude on 30 September.

The delegation of China consisted of representatives of the Central Government, including the Ministry of Foreign Affairs, the State Council, the Supreme People’s Court, the State Ethnic Affairs Commission, the State Population and Family Planning Commission, the Ministry of Public Security, the Ministry of Justice, the Ministry of Education, the State Centre for Disease Prevention and Control, the Ministry of Civil Affairs, the Ministry of Labour and Social Security, All China’s Women Federation, and All China’s Disabled Federation. It also contained delegates from the Hong Kong Special Administrative Region, including the Home Affairs Bureau, the Department of Justice, the Health, Welfare and Food Bureau, and the Education and Manpower Bureau. Delegates from the Macau Special Administrative Region were from the International Law Office, the Commission against Corruption, the Social Welfare Bureau, Health Services, the Education and Youth Affairs Bureau, the Security Forces Coordination Office, the Office of the Secretary for Administration and Justice, and the Legal Affairs Bureau.

As one of the 192 States parties to the Convention, China is obliged to present periodic reports to the Committee on its efforts to comply with the provisions of the treaty. The delegation was on hand throughout the day to present the reports and to answer questions raised by Committee Experts.

The Committee will meet in private on Wednesday, 21 September, to discuss its observations and recommendations on reports it has already considered during the session. When the Committee reconvenes in public on Thursday, 22 September at 10 a.m., it will consider the third periodic report of Finland, as well as Finland's initial report under the Optional Protocol.

Reports of China

The second periodic report of China (CRC/C/83/Add.9) states that China has been working for years on legislation to protect the legitimate rights and interests of children and to create a legal framework for that purpose. In the light of its own national situation, it has consulted the legislation of countries around the world, especially on the protection of the rights and interests of children and on international documents and has built around its Constitution an extensive range of laws and regulations pertinent to children’s survival, protection and development. Through a resolution of the permanent arm of China’s supreme national authority, the Standing Committee of the National People’s Congress, China has ratified the Convention on the Rights of the Child. The principles and stipulations of the Convention are fully reflected in the domestic laws of China, which provide the legal guarantees to protect all the rights children should enjoy.

With reference to general targets for economic and social development and to the 24 global child development targets, China launched in 1992 a “National Programme of Action for Child Development in China in the 1990s”, which proposed 10 major targets and 39 supporting targets. Having achieved this much, China is keenly aware of the problems and difficulties that children’s development still faces. With reference to the Outline for the Tenth Five-Year Plan for the People’s Economic and Social Development, and in keeping with the actual developmental status of children in China, the Government issued the National Children’s Development Programme (2001 – 2010) as a national action directive for children’s work in the new millennium.

In order to genuinely protect children’s rights and interests, the relevant legislative, judicial and governmental departments and various social organizations have set up systems to monitor, implement and promote the healthy development of institutions for the protection of children. Since the promulgation of the Children’s Programme by the State Council, all levels of government have increased the funding allocated to the realization of its targets. China’s active participation in and support of international human rights documents clearly demonstrate the country’s firm resolution and good faith in the promotion and protection of human rights, in particular the rights of the child. In order to promote international cooperation on the protection of the child, and while working domestically to ensure the survival, protection and development of children, China actively participates in global and regional cooperation and exchange activities.

The second periodic report of China (CRC/C/83/Add.9 (Part I)) on the Hong Kong Special Administrative Region states that China has been submitting its reports as a signatory and party to the International Convention on the Rights of the Child since 1996. In paragraph 20 of its concluding observations on the previous report, the Committee suggested that legislation and policy-making should take account of a holistic and comprehensive approach to implementing the Convention. It recommended that an independent mechanism be introduced to monitor the implementation of policy on the rights of the child. Several Hong Kong commentators have added their voices to these recommendations, calling on the Government to establish a Child Commission to put them into effect.

In the updated report, China expressed the view, having carefully examined these proposals, that they were not necessary either to give effect to the Convention or as a practical response to its requirements. In this context, the Committee also recommended that in formulating policy proposals there should be “an accompanying assessment of [their] impact on children” as they affected the rights of the child. China took the view that no new arrangements were necessary for this purpose.

The updated report went on to say that the concepts of child protection and the “best interests of the child” were necessary considerations in all relevant decision-making in Hong Kong, whether respecting legislative proposals or policies, and were taken into account as a matter of course. Specific laws dealt with different aspects of the Convention. The impact of legislation and the execution of policies were monitored by the Legislative Council, the Ombudsman and the press as well as by being reviewed by the policy branches concerned. These arrangements allowed for flexibility and a swift response to changing circumstances and to the concerns of the public, and China saw no advantage in replacing them with some unified administrative system, a single children’s ordinance, or a single monitoring system.

The second periodic report of China (CRC/C/83/Add.9 (Part II) on Macau Special Administrative Region states that China has been submitting its reports as a signatory and party to the Convention on the Rights of the Child since 1996. In recent years, treaties on international human rights in force in Macau have been extensively publicized. The Government and its departments have taken several measures to promote information on and dissemination of human rights - including the rights of the child - in the local community. This has been done mainly through the media and also via contests, quizzes and interactive technology as well as through the distribution of specially focused brochures and leaflets. The subject of fundamental rights is also incorporated in the school curricula of several courses.

As far as children are concerned, in the Macau Special Administrative Region there is no discrimination between different groups of children, neither between adults and children. Even though all human beings are equal before the law, it is considered that children have particular needs. Therefore, differences of treatment on laws regarding children are solely based on the necessity of guaranteeing their protection. The law of the Macau Special Administrative Region recognizes a minor’s right to be heard on important matters relating to his/her life. Whether within the family or at school, it is considered relevant to hear the child and the young, since the authoritarian concept of family relationships does not favour responsibility or autonomy.

The law of the Macau Special Administrative Region forbids torture or inhuman treatment at all levels. In fact, the prohibition stipulated in article 37 (a) of the Convention that “no child shall be subjected to torture or other cruel, inhuman or degrading treatment or punishment” corresponds to the guarantee laid down in article 28 of the Basic Law. It is an obligation of the Government, in collaboration with the associations concerned with family interests, to promote the improvement of quality of life and the moral and material situation of families and their members. The Government supports those associations in view of fostering family educational activities, namely activities related to a responsible exercise of motherhood and fatherhood.

The initial report of China (CRC/C/OPSA/CHN/1) on how that country implements the provisions of the Optional Protocol to the Convention on the Rights of the Child on the Sale of Children, Child Prostitution and Child Pornography, which covers both China and the Special Administrative Region of Macau, states that the Optional Protocol has been ratified by the Standing Committee of the National People’s Congress, and has legal effect as a constituent instrument of the laws of China. Administrative and judicial action can be taken under domestic legislation to combat and guard against the sale of children, child prostitution and child pornography and to protect and rescue any victims thereof.

In order to fully implement the Optional Protocol, the relevant departments of China’s legislative, judicial and administrative branches and various social organizations have put mechanisms in place to protect the rights and interest of children. So far 29 provinces, autonomous regions and municipalities directly under the Central Government and most regional authorities have established coordination groups or joint committees for the protection of women’s and children’s rights, thus forming an integrated top-to-bottom system for coordinating protection of these rights.

Great efforts are made to enhance awareness of and resistance to abduction among important target groups such as children, parents and the floating population. The goal is to ingrain in people’s minds that the abduction and sale of women and children is a crime, and to create in society at large a common determination to combat such a crime. The power of the broadcast media is drawn upon to publicise the Optional Protocol, involving the production of programmes which promote the protection of the rights and interests of children from a variety of perspectives and in depth. To protect children and create a favourable social environment for them is an important responsibility of the Government of China, the report states.

Presentation of Reports

SHA ZUKUAN, Permanent Representative of China to the United Nations Office at Geneva, said China had 350 million children, accounting for 20 per cent of the world’s total, and the Chinese Government attached importance to the promotion and protection and the development of the child, and honoured its international obligations under the Convention. The Chinese Government took fully into account the views and suggestions of the Committee in its consideration of China’s initial report. Years ago, China had introduced the human-centred and scientific development concept, which was being implemented whilst making all-round progress in its economic, social and cultural undertakings. China’s amended Constitution clearly provided that the State “respected and guaranteed human rights”, and this provision had laid down a firm foundation for the promotion of human rights in China, since the Constitution was the most fundamental law in the country. Thanks to these endeavours, China’s human rights including the rights of the child had been advanced in a comprehensive manner.

It had been the consistent policy of the Chinese Government to give priority to children and to guarantee their rights to life, development, protection and participation in society. In recent years, the medical care and health conditions for China’s children had been markedly improved, and, as a result, children in China were healthier. In China today, priority was given to basic education and to narrowing the gap among different regions, and between rural and urban areas. Funds were provided to students from poor families so as to guarantee the right to compulsory education of all school-age children. The Government put emphasis on the protection of the rights and interests of children from special groups: children of ethnic minorities enjoyed equal rights and freedom by law, and in practice enjoyed preferential policies and measures just to ensure their rights to education, sanitation, health care and using their own languages and developing their culture. The Government had also reinforced the fight against trafficking of children and other illegal and criminal activities.

China had made remarkable progress in all aspects of the protection of children’s rights and interests, Mr. Sha said. However, it was undeniable that China, a developing country which was constrained by social and economic development and other factors, was still faced with multiple, formidable difficulties and challenges in the protection of children, including visible disparities between urban and rural areas; and disruption of the gender ratio of new-born babies due to traditional gender culture. Even in areas where the Government had already made headway, there was still room for improvement. The Chinese Government would continue its cooperation with the international community, including the Committee, to eradicate and overcome difficulties and obstacles to the protection of children’s rights and would make unremitting efforts to achieve children’s equal rights to life, protection, development, participation and others.

STEPHEN FISHER, Deputy Secretary for Home Affairs, Home Affairs Bureau, introducing the report of the Hong Kong Special Administrative Region, said the Hong Kong Special Administrative Region attached great importance to the well-being of children, including those with special needs. To this end, Government agencies provided such services as childcare, disease prevention and health promotion, as well as other support services. There was a comprehensive child support service, from birth to 9 years old, which was a comprehensive multi-sectoral service, covering health and education as well as the needs of the families. Every intention was that the Optional Protocol to the Convention on the sale of children, child prostitution and child pornography would apply to the Hong Kong Special Administrative Region, and the reason this was not yet done was a technical one, due to the status of the Region. The necessary research had been done and the law-drafting process begun. As things now stood, there was already very strong protection for children, and the gaps between the laws and the requirements of the Optional Protocol were only of a technical nature.

JORGE COSTA OLIVEIRA, Director, International Law Office, introducing the report of the Macau Special Administrative Region, said respect for human rights was a corner-stone of Macau’s legal system, and was enshrined in law and respected by its communities. The right to non-discrimination was embedded in Macau’s legal system, and all Macau residents were equal before the law and free from discrimination according to legal provisions. All residents were entitled to education, regardless of race, ideological convictions or other criteria. There were several provisions in the civil code apart from specific legislation on the same topic that certain decisions regarding the child must take into account the best interests of the child. The system also upheld that the right to life deserved the utmost protection. There had been improvements with regard to implementation of the Convention, including the extension of free education, residential services for children with disabilities, and others.

Questions Raised by Experts

MOUSHIRA KHATTAB, the Committee Expert serving as Rapporteur for the report of China, said China had shown strong political commitment towards the implementation of the Convention, and had embarked on a process to improve the quality of life for its citizens. China had adhered to its own set of development goals and indicators, and in this sense, it was ahead of the Millennium Declaration. While it was on course nationally for achieving most of the Millennium Development Goals, inequality had increased, and there was a need to work towards balanced regional economic growth. China’s interaction with the United Nations’ human rights programme was quite active. The Constitution enumerated the fundamental rights and duties of citizens, and other individual statues and regulations had been adopted.

The application of the Optional Protocol was not extended to the Hong Kong Special Administrative Region, and whilst the explanation given on this just now was appreciated, Ms. Khattab urged the representatives to expedite the process. There were some inconsistencies with regard to treaty obligations between the mainland and the two Special Administrative Regions. The Committee was concerned that not all its previous recommendations had been addressed. On general measures of implementation, the reports did not include information on budgetary allocations, judicial decisions applying the Convention, remedies in case of the violation of child rights, the national strategic framework for children’s rights, mechanisms to ensure the implementation of the Convention or international cooperation.

China had ratified the Convention in 1992, and in that year it had introduced a law on protection of minors, which contained stipulations for the protection of children’s rights, but did not define the power and duties of relevant agencies. The Macau report merely listed laws and legislation, some of them not pertaining to children, without the mention of any problems that children faced. In the Hong Kong Special Administrative Region, insufficient resources were allocated to reduce poverty, and income disparities were increasing within the population. The regional Government considered it unnecessary to adopt a comprehensive Child Policy, and services remained uncoordinated and fragmented.

Other Committee Members then made comments and raised issues. Among the comments made was that positive changes had been made in the country, and Experts encouraged China to continue along these lines, as there was still progress to be made. The withdrawal of the reservation to article 22 of the Convention was a very positive step, but China was urged to withdraw its other reservations. The lack of response to and implementation of some of the Committee’s previous recommendations was also a concern for many of the Experts, and one queried to what extent the Convention and the Optional Protocol had been a source of inspiration for legislators. A second Expert asked the delegation what steps would be made in this regard in the context of the establishment of a Children’s Ombudsman.

Another Expert asked what was the body that was responsible for the coordination of policies with respect to children. In the context of National Plans of Action, an Expert noted that no information had been given on the targets and priorities of these Plans with regards to children, and asked whether they referred to the rights of children as enshrined in the current Plan, or just to health issues. Another Expert asked whether the Government was according resources to the maximum extent possible for the implementation of the Convention, in particular with regards to education expenditure.

Other questions included how the Government liased with the media with regards to the promotion of children’s rights; how data was analysed; and the role of NGOs in both the implementation of the Convention and in the drafting of the report, which appeared to be very weak.

Response by Delegation

SHA ZUKUAN, Permanent Representative of China to the United Nations Office at Geneva, responding to the questions, said a number of questions had been posed regarding China’s speedy accession to the relevant treaties on rights and the involvement of children in armed conflict, and the Government was making serious and genuinely positive study of this issue. The Government had officially ratified the Hague treaty on inter-country adoption of children. Regarding the reservation to article 6 of the treaty, such reservations were not always appreciated, but were sometimes unavoidable. The Chinese Government sincerely respected the right of the child to life. The reservation to article 6 was to avoid any misunderstandings with regard to China’s family-planning policy. China had a very good tradition regarding fertility, which was traditionally strongly encouraged, but it had to adopt a family-planning policy due to the pressure of the rapid population growth. With regards to minorities, two or three children were allowed, whereas Han couples were encouraged to have one child. There was no restriction on fertility in minority regions such as Tibet for ethnic minorities native to that region. The Government would nevertheless pay attention to the Committee’s request to withdraw this reservation, but asked for understanding on the topic.

On independent monitoring mechanisms, Mr. Sha said, China had not adopted this kind of human rights mechanism in line with the Paris Principles, but many departments of the Government had undertaken similar responsibilities, and the work was being performed by people in the relevant departments. There was a Government committee on protecting women and children. Regarding the participation of non-governmental organizations (NGOs), a lot of these were still at a formative stage, due to issues linked to China’s history, and therefore their role in China’s socio-cultural development, with regards to the rights of children, was still at a formative stage, well behind other countries. However, over the past 20 years, China’s NGOs had seen rapid growth in many areas. They had done considerable work regarding educating and training children with regards to human rights. NGOs had been extensively consulted and had participated in the preparation of the report. Chinese NGOs were all independent. China was a country where the rule of law held sway, and any NGO had to abide by the Constitution and operate within the legal framework of the State, and laws had been drafted to protect this independence.

The Convention was already reflected and incorporated in much of China's legislation, Mr. Sha said. According to the legal system, when there was consistency between domestic law and international treaties, then domestic law was applied, as this implemented the provisions of the international law or treaty. Where there was a conflict between the two, if the domestic law could not apply to the provision of the international treaty, then international treaty provisions were applied. If there was no similar provision in domestic law, then international treaties could be invoked in specific cases. Cases involving the rights of the child were normally dealt with by invoking domestic law or legislation, as these were fully compatible with the spirit of the Convention.

STEPHEN FISHER, Deputy Secretary for Home Affairs, Home Affairs Bureau, responding for the Hong Kong Special Administrative Region, said there was a very vibrant civil society in Hong Kong, and the non-governmental organizations (NGOs) were regarded as partners. There was a consultation process for the report, and NGO submissions were integrated and sent to the Secretariat of the Committee so that Members could see them in their original form. Regarding the reservations on article 22 and 37c to the Optional Protocol, in Hong Kong there was a relatively open society, with a lot of movement of people and a liberal regime. Under the present circumstances, it was not possible to adopt the Refugee Convention, as this could cause problems. Regarding article 37c, there were some institutions and places of detention for children and young persons under 21, and today it was not yet possible to completely segregate detained persons and prisoners according to the definition of the child as being under 18 years of age. The mixing of these groups was viewed as being beneficial, and if there were problems, changes would be made. Steps were being taken to implement the Protocol, and it was hoped that at the next hearing, Hong Kong would have become part of the Optional Protocol on the sale of children, child prostitution and child pornography. Regarding an independent monitoring mechanism, a Children’s Rights Forum had been set up as an interim measure, and the possibility of setting up a Children’s Commission was being examined. On the lack of a comprehensive plan of action and a comprehensive and holistic child policy, because of the organization of the Government these issues were distributed between two of three bureaus, all of which were physically close, and thus coordination was not an issue, although it would be examined, and there were comprehensive policies for children.

JORGE COSTA OLIVEIRA, Director, International Law Office, responding for the Macau Special Administrative Region, said the data collection system needed to be strengthened, and work was being done on this. It was very difficult currently to have accurate judicial data, and the courts were trying to cope with this. There was no doctrinal discussion about the invokability and justiciability of the Convention in the Special Administrative Region of Macau. International law prevailed upon domestic law in Macau, and there was abundant legislation enshrining the rights of the Convention. There was no one specific body that dealt with the coordination of policies regarding children, and to a certain extent such a body was not required, as Macau was very small, and problems in terms of coordination were not based on the lack of one single body. There was no Plan of Action with regard to children, and no plans with regards to creating one. On dissemination of the Convention in order to increase knowledge of the Convention, there were joint programmes with the media that allowed the Government to assume a reasonable level of awareness of the Convention. Training activities were held aimed at increasing the knowledge of families of rights, and there were brochures and publications for schools. The need for wide dissemination was acknowledged. Work was also done to increase legal awareness of the Convention.

Questions by Experts

In a second round of questions, an Expert congratulated China for achieving many of the Millennium Development Goals, and noted that China’s economic development had surprised the world, and it was now a very modern country, although some Millennium Development Goals such as the reduction of HIV/AIDS cases might not be possible. The issue of HIV/AIDS cases was raised by several Experts, in various contexts, including the availability of confidential testing for children. The repercussions of the family-planning policy on the most vulnerable children, notably the girl child and children with disabilities, were also of concern to several Experts.

Other questions included the fact that compulsory education did not appear to be completely free, and whether this caused problems for some children; issues related to human rights education including the Convention, and whether it was included in the school curriculum; health disparities, and what was being done to close these gaps, in particular in ethnic minority areas; the nutritional status of children as there were a lot of cases of malnutrition in the countryside, as well as cases of child obesity in cities; issues linked to the promotion of breast-feeding; what were the main problems with regards to communicable infectious diseases; what China did for adolescents with regard to health education and reproductive health education; and whether paid services did not constitute a barrier to universal access to health.

Response by Delegation

Responding to the second round of questions, the delegation said many of the Experts had pointed out the orientation that China should work towards. Through the media, more and more people were being exposed to the ideas and concepts of the Convention, and much attention was paid to children’s rights and to informing children of their rights. The Convention had been translated into seven minority languages. Children could express their views on issues relating to them, such as by participating in the management of their schools, or by participating in student committees. China strictly abided by its international commitments once it had acceded to them, and where necessary, revised its legislation. Since accession to the Convention, laws had been formulated on, for example, protecting minors.

According to the basic laws of Hong Kong and Macau Special Administrative Regions, the two enjoyed a high degree of autonomy, but in defence and foreign affairs they were the responsibility of the Central Government, and were therefore not independent State parties to the Convention, the delegation said. A lot of agencies and governmental bodies were working in the field of child protection, including those of health, civil affairs and culture. A programme on achieving the goals and targets of the Special United Nations Session on Children and the Millennium Development Goals had been implemented, and a monitoring and assessment system had been set up. The Government had issued a specific objective of building a harmonious society, and economic development including in rural areas had become a priority. Steps had been taken to improve the situation of farmers in rural areas.

Regarding the increasing gap between urban and rural areas concerning income, this was a reflection of the dualistic economic structure, the delegation said. The Government attached much importance to the education of children, and protected it constitutionally as a basic right for citizens. Compulsory education was thus an important goal, and its implementation was important. The Government tried to balance the different schools. On free tuition for compulsory education, the State provided free textbooks for poor children in the countryside. Schools giving compulsory education could collect various miscellaneous fees to complement their needs, and these were decided by provincial Governments on the basis of hearings. Some schools collected their fees at their discretion, and the Government was making efforts to resolve this issue. An effort was being made to supervise the collection of fees and to intensify supervision efforts.

The Government provided financial input to the children of migrant workers and rural labourers in order to ensure that they attended school, the delegation said. Regarding sex education, education was done on basic hygiene and on the prevention of HIV/AIDS and this was integrated into the class on health. Forms of sex education were carried out through health classes, posters, wall bulletins, and at various stages children were taught about the changes they were going through due to puberty and growth. Science booklets were also provided in libraries for children to learn. Organs had been established to persuade children not to drop out of full-time education. On vocational training, from primary school to high-school children had practice and skill classes, and participating community work to establish their awareness of the community and the division of labour in the community. Schools could also teach vocational skills for children, and there were special vocational schools.

In response to a clarification question from an Expert on tuition fees, the delegation responded that one fee could refer to text-books and other miscellaneous fees which would only be paid once, at the beginning of the academic year. It was an objective of the Government to ensure that the children of the poor were educated. Regarding education in minority areas, there were special policies in terms of investment, as there was special funding earmarked for education of ethnic minorities; in some very poor areas the State simply provided education for the students from nomads and other families, covering all costs; there were also senior high-school courses for minorities, which were covered by the State.

The delegation said that the Government was working to ensure a clean delivery rate in rural areas, where there were many challenges, including malnutrition, and the under-five retarded rate was high. Much work had been done to reduce child mortality in concert with UNICEF and other international organizations. Child obesity was a significant issue. HIV/AIDS was increasing sharply. A lot remained to be done to guarantee child privacy. Primary health care in the countryside was something that had done very well in the past, but with the changes in the economic system, the old system was eroding, which was a serious problem. China’s problem now was too much money spent in the cities and not in the countryside, but the Central Government was aware of this, and in five years the primary health care system should be restored.

With regards to children with disabilities, if it was a case of slow comprehension, the child was not considered disabled. However, disability did not mean that the child was not appreciated by the family and society. Enrolment of children with disabilities in education was about 78 to 80 per cent, and it was hoped that in five years all children with disabilities would have an education. If the child opted for integrated education, there would be too much burden on the education system, so children with disabilities could attend general school, but in a special class. A sample survey was being carried out covering all provinces on persons with disabilities, and at the end there would be more accurate data in this field. Discrimination was not the case within the family for children who were disabled.

On the gender imbalance at birth, the delegation said this was a serious and tough challenge with regards to the development process, and it was the result of an interaction of factors over a long period of time. In rural areas, the traditional beliefs, backward behaviour and low-level of protection had resulted in a preference for boys. With socio-economic growth, people were constantly seeking for a smaller family as this was less expensive, and would therefore choose boys. Ultrasound technology had become easily available, and it allowed selection of sex. These were the reasons for the gender imbalance, and the Government had undertaken a programme in this respect in certain areas. The suicide rate was higher in rural areas rather than urban areas, and higher for women than for men, which was often due to heavy burdens in life.

STEPHEN FISHER, Deputy Secretary for Home Affairs, Home Affairs Bureau, responding for the Hong Kong Special Administrative Region, said that with regards to children with disabilities, under the building rules and regulations there was a code on accessibility of new buildings, which had to have access to persons with disabilities. However, this did not apply to historical buildings, and sometimes access to these was limited. Ninety-five per cent of the population of the Hong Kong Special Administrative Region was predominantly Han Chinese, but there was 5 per cent which made up of ethnic minorities, including Indians, Pakistanis, Indonesians, Nepalese and Thai, for whom special schools had traditionally been provided, where teaching had often been in English, but since last year a new integration policy had been applied, and parents could choose education in Chinese mainstream schools. On HIV/AIDS in Hong Kong, the figures indicated that it was not a serious problem, and was under control. No new case had been reported last year for people under the age of 18. There was a programme to educate both youngsters and the population in general on the prevention of HIV/AIDS, and there was sexual and moral education given in schools. There were several reasons for the high number of suicides among youth, including the high-density of the population, which tended to increase pressure. Certain financial measures had been taken to limit the effect of low incomes resulting in significant difficulties on poor families.

JORGE COSTA OLIVEIRA, Director, International Law Office, responding for the Macau Special Administrative Region, said the Macau Special Administrative Region remained committed to ILO Convention number 83 on the topic of maternity leave, and the matter was regulated within the framework of individual labour contracts, and it suffered from the search for consensus on this key topic which was delaying the finding of a solution. Regarding individual health matters, another member of the Macau delegation responded that in the ‘80s and ‘90s, breastfeeding had decreased, but in the mid-‘90s it had been promoted, and in 2001, a group to advocate breastfeeding had been established. On HIV/AIDS, every pregnant woman was given free screening and tests, and in schools publicity was given to HIV/AIDS issues. On drop-out rates, in Macau, there had been an extension of free education from the age of 10 to 12 years, and work was being done to extend this further. The drop-out figures were not ideal, and in the past several years the Education Department had worked harder to improve the record.

Questions by Experts

In a third round of questions, Experts reiterated their concern for the imbalance in the birth rate, and asked whether the Government would take steps to counter this behaviour or not. The implications of this imbalance in the context of the one-child policy were also raised, and an Expert asked if this policy would continue or be modified. An Expert also raised the issue of birth registration, stating the concern of the Committee with regard to the non-registration of some births, including children not born within the parameters of the birth regulations, in particular girl children, and asked if anything was being done to remedy this situation.

An Expert asked about infanticide while others requested more information about the large number of children living in orphanages. The size of institutions was raised by one Expert, who indicated the Committee’s opinion that large institutions should be considerably reduced in size. That there was a lack of data on foreign adoption was noted, and the Expert asked what the charges paid for adoptions by foreigners were used for.

Other questions and issues raised by Experts included whether there were special protection measures for refugees from the Democratic People's Republic of Korea; what measures had been implemented in Hong Kong and Macau Special Administrative Regions for the follow-up to the Beijing Conference; how the system could be modified to be more participatory and to embrace children’s views; how children were able to participate at the local level; how did Government practices guarantee that children of minority heritage had the right and opportunity to practice their own religion, and had a right to education in their religion; whether it was true that children were detained in some cases because of practising their own religion; what was the situation of the Panchen Lama, who was still legally a child; issues related to Internet violence; and how existing rules and provisions guaranteeing the privacy of the child were applied.

Response by Delegation

Responding to these questions and issues, the delegation said on the freedom of religious belief that Buddhism, Taoism, Islam, Catholic and Christian religions had followers in China. Religious groups had set up 74 religious schools to train religious staff, who could conduct activities in religious places or in the homes of believers according to their traditions. Believers were protected, as were religious staff, and legislation provided for the protection of the freedom of religious belief. Citizens had freedom of religious belief. There was no law in China that prohibited belief among children under 18, but no organization or individual could interfere in schools, public education or society through religion.

On religion in Tibet, some groups and individuals with political motivations spread rumours to attack China’s religious policies, but these rumours were not worthy of repetition, the delegation said. Regarding the claim that China was one of the most serious violators of religious belief, this could not be accepted. The Religious Affairs Bureau of the State Council was a functioning body, with the main task of formulating policies and specific regulations on religion, and the implementation and monitoring of those regulations. It also protected the freedom of religious belief, the activities of religious staff, and the interests of religious groups. Falun Gong was not a religion, nor a spiritual movement. It was an evil cult that went against humanity and society. Falun Gong preachers had killed many innocent people in the name of enlightenment, and these victims included children. The Government had accorded help and patient education to the practitioners of Falun Gong and had given them help to lead a normal life again. The Dalai Lama had violated historical procedures and had appointed the so-called Panchen Lama, and this was null and void. The so-called Panchen Lama was a normal child, leading a healthy and happy life, and was now a secondary student, the delegation said.

China’s Government attached great importance to refugees and their protection, the delegation said. China was working with other countries and UNHCR to seek a permanent solution to Indo-Chinese refugees. Permanent resettlement of these was not on the agenda, but they had been given permanent residence certificates so that they enjoyed the minimal standards granted to the poorest of Chinese, and their children had the same rights of education and medical care as Chinese students. On illegal immigrants from the Democratic People's Republic of Korea, there had been illegal crossings of Koreans to China due to economic difficulties. It was the position of the Chinese Government that these had illegally entered the territory of China for economic reasons, and were therefore not refugees. The Government had been trying to help them, even though they had caused significant instabilities in the area.

In response to questions on religious teaching in schools in China and whether there was the possibility to follow optional religious classes, whether religious groups could establish their own schools, and on a request for further information on the Panchen Lama’s situation and whether an independent person could be selected to visit him to verify his situation, the delegation said the request on the Panchen Lama would be transmitted to the appropriate authorities. He was just an ordinary Tibetan boy, and he and his family did not wish to be interfered with by outside visitors, as this would unfavourably affect his life.

On the age of conscription, the delegation said, the age was 18 years old. The Central Government and the Governments of Hong Kong and Macau had allocated a certain quantity of money to consider the issue of children born on the mainland to residents of the Special Administrative Regions, whilst taking into account family reunion. On progress with regards to the girl child in the wake of the Beijing Conference, there were programmes which highlighted the survival and protection of the girl child, which was a priority. Policies and laws and an awareness campaign had been implemented to eliminate bias against the girl child. Selective abortion and the sexual determination of the foetus were illegal. It was illegal to abandon and abuse girl children. Work had been carried out to remove discrimination against girl children in the field of health care and education, and greater investment in health care had been made in the countryside in order to control children’s diseases. The Government had adopted and implemented a programme on nutrition since 2001, paying special attention to the nutrition status of girl children.

Chinese laws included the right of children to express their own views especially in matters concerning them, the delegation said. Press and television had actively advocated the rights of children in this field, in particular with regards to the Convention. Schools worked to change parents’ views and encouraged them to listen to their children and to respect their choices. On the reporting mechanism for child abuse, this could be reported by children through their schools, where there were deputy directors appointed to help children defend their interests. There were also hotlines for children to report problems encountered. Communities also had mechanisms to supervise children at home and to educate parents to protect their offspring. There were centres to assess violence against children in the context of the family, and legal services were provided to children and women who suffered from such violence. Due to cultural and educational factors, there were still violations of children’s rights, and there was room for improvement in the reporting process.

On a question on how the Government dealt with the registration of migrants, the delegation said that there were two pilot cities for the protection of children where registration was also a priority for those below 16 years of age. Relevant measures had been adopted to cover the registration, but in practice it was a problem. According to surveys in nine cities in three regions of China, among the migrant population, 90 per cent of the children could attend school. On children’s privacy, the freedom of correspondence was protected, and with regards to special physical features or non-communicable diseases, if the guardians did not wish this to be made public, then schools did not make them public. Exam results were not made public either. Training activities had been held for teachers, and parents’ consciousness of the need to respect privacy had increased.

The law prohibited corporal punishment in a disguised form, and there was a uniform understanding of what the term meant, the delegation said. If serious cases of corporal punishment were discovered, teachers’ qualifications were revoked, and if there was serious injury or violence, then the teacher was held accountable before the law. According to regulations on child violence, such perpetrators could be sent to special schools where they would be re-educated through labour, following which they could return to normal schools.

A juvenile justice court was in existence and had been operating for over 20 years, the delegation said, with specific juvenile judges. Minors under 18 years old were subject theoretically to life imprisonment, but the penal code provided that minors between 14 and 18 could receive attenuated sentencing. The law on the protection of minors also provided for using education as a main tool for re-educating offenders. Life imprisonment in China was different - criminals could have their term commuted if they performed well during their first two years to a period of 20 years imprisonment. There was a lenient policy regarding the imprisonment of minors.

On the registration of birth of girl babies, there were three measures in place: the public security organs had promulgated legal laws and regulations on birth registration with a particular focus on remote rural areas and had increased the presence of the police in a network to manage this; from 1 January 1996 a system of medical birth certificates had begun which permitted the parents to register the baby and prevented trafficking or abandonment; and large-scale verification campaigns were held where unregistered children were registered. According to Chinese law, all drug addicts were subjected to compulsory drug treatment, but minor users and those who were slightly addicted were treated within families; if this failed, they were sent to institutions for compulsory treatment up to a maximum of one year. If there was reversion to the habit, then re-education through labour was the penalty, unless it was a minor below 16. Drug abusers were divided into categories, with a special section for minors in institutions. A lot of challenges were still encountered with regard to drug abuse among minors, notably as there was a lack of manpower to follow developments.

In response to questions on whether there was still child labour in schools in order to provide funding, what educational measures were being taken to put an end to or to halt the problem of drug abuse, the role of student councils and the management of the class, and other issues, the delegation said on the issue of children in Tibet, the rights given by the Constitution allowed them to study their own language and culture. To say that Tibetans did not have freedom of belief was a distortion. On religious education at school and whether religious groups and establishments could establish schools, the delegation said that there was no religious curriculum in schools, as China was a secular State. China held religious knowledge classes, introducing religious practices and customs linked to religion. Religious organs could establish religious schools.

STEPHEN FISHER, Deputy Secretary for Home Affairs, Home Affairs Bureau, responding to questions on Hong Kong, said the best interests of the child were taken into account in the Government’s decision-making process, and this was also done by the courts. Economic, social and cultural rights were protected under basic law, and any new policy initiative or legislation was consistent with human rights including the rights of the child. If there was any inconsistency with the Convention, this would be pointed out by the human rights body in Hong Kong. A report had recently been published on child custody and access, which advocated that any legislation on children include the principle of the best interest of the child. A Committee for the promotion of racial harmony existed, which included a funding scheme for the provision of equal opportunities for ethnic minorities. There was a decrease in funding for certain child-care services, but there was an increase in the workload. Legislation entitled Parent and Child Ordinance made provisions ensuring that there was no discrimination between the rights of children who were born to married or unmarried parents. The policy was not to interfere in religious affairs, so there was no specific department to deal with these, instead the Home Affairs Bureau acted as a liaison office with the various religious bodies in Hong Kong. There were schools run by religious bodies, including the Catholic Church and other Christian churches, Buddhist organizations, and Taoist organizations. Training was given to parents to encourage alternative discipline measures to corporal punishment.

Questions by Experts on the Report on the Optional Protocol on the Sale of Children, Child Pornography and Child Prostitution

Asking questions in the context of the Optional Protocol on the sale of children, child pornography and child prostitution, Committee Experts, one of whom commended China for its reservation-free ratification of the Protocol, raised various issues, including that, according to one Expert, the report contained no measures adopted in accordance with the Protocol. Another Expert pointed out that despite various attempts to address trafficking, there was no plan of action, and asked whether this obligation would be fulfilled shortly.

An Expert asked whether there had been an in-depth study on cross-border trafficking, in particular with regard to the most vulnerable groups, and whether this had been done in the context of strengthening preventative measures and with attention to the factor of migration. An Expert asked why China did not set up a child-friendly hotline to receive complaints from children in danger, as this would be a mechanism to assess the situation and to fill the gaps in system and to respond to needs.

Issues related to the provision of Internet services to minors were raised by several Experts, in particular with regard to Internet pornography and whether national and international coordination existed in order to deal with crimes linked to Internet child pornography. Other questions included the lack of data on the number of females abducted at a national level; a request for information on whether there was a rehabilitation programme for victims; and what was the minimum age for sexual consent for boys.

Response by Delegation

STEPHEN FISHER, Deputy Secretary for Home Affairs, Home Affairs Bureau, responding to questions on bullying in schools, said that schools should provide a safe and harmonious environment, and therefore there was a zero-tolerance approach to bullying, and a number of measures had been implemented with the aim of changing attitudes and letting people know their role in bullying incidents and of changing the ethos of peer groups in schools. A Prevention of Child Pornography Bill had been established. Teachers often acted as an early warning system for child abuse cases, but there was not yet a mandatory system for reporting of child abuse cases.

JORGE COSTA OLIVEIRA, Director, International Law Office, speaking for Macau, said the data from the last two years showed that there were a number of cases of bullying involving serious physical injury, and the numbers had been growing slowly, with an overall of approximately 120-odd cases of physical injury against minors in schools or their neighbourhoods, usually connected with theft or robbery. It was a very serious matter, as Macau had a very small population. A special programme on school violence and bullying had been launched. The issue of family reunification was closely linked to the status of residents and the right to abode, and was one of the key issues that surfaced after the handover of Macau at the end of 1999. On religious freedom in Macau, the principle was very clear in the legal system, and the civil code made it clear that parents decided on religious education for children until they were 16 years old, after which age it was up to the children to decide what they wanted to do with their religious freedom.

On other questions, the delegation said that the suggestion of a hotline for children to report situations where they were in danger was most interesting. On what measures the Government intended to take on the sex-ratio in China, this had been on the rise since the 1980s. In 2000, it was predicted that unless control measures were taken, in the future there would be 30 million more men than women in China, and if this were allowed to continue, it would lead to problems with regard to marriage and endanger the health of women and the population as a whole, and even endanger social stability. A number of measures had been adopted to comprehensively cover this issue. From the point of view of legislature, a law on protecting women and children banned the pre-determination of the gender of foetuses. The State was working to increase social welfare protection in rural areas, and gave priority to those families where there were only girls. In the coming few years, China would face a new wave of population growth, and therefore it had to stabilise the family-planning policy.

On a question on whether there was a special programme helping couples who had difficulties in having a child, the delegation said the Government provided assistance in this regard. On a question on forced abortion and forced sterilisation beyond the first trimester, the delegation said from the governmental point of view, any operation in this regard had to be voluntary and legal, and based on the intent of the individual. Medical services had to meet professional medical requirements. Artificial abortion was not a governmentally-approved method of family planning. There were some cases of forced abortion, but these took place only in the gravest of cases and were done through the courts.

On fostering and adoptions, the delegation said adoption was perhaps the best way to reintegrate abandoned children into society. Regarding care in institutions, the first priority for children in institutions was to provide family foster-care, but if this was not possible, a mode of care in a small family was preferred. On child labour, the delegation said the Government had a clear position on this issue, and had strengthened legislation in 2002 to prevent child labour and units were obliged to verify the identity of the employed. According to the law, regulation on child labour explicitly provided that the minimum age for child labour was 16, and those under 18 enjoyed a special labour regime.

China had accelerated its work in the fight against child pornography, the delegation said, in order to improve its work for the protection of the child. Professionals were trained in dealing with such situations, although work needed to be done, and more diversified approaches adopted with regard to internal prevention. With regards to abducted children and their reintegration into society, more work remained to be done for improving relevant facilities. Since the end of last year, the Central Government had included reform of the labour legislation on its agenda. Children had the right to participate in legal procedures concerning them, but where they did not wish to appear, they could appoint an agent to speak for them in court.

Preliminary Observations

LOTHAR FRIEDRICH KRAPPMAN, the Committee Expert serving as co-Rapporteur for the reports of China, said in preliminary concluding observations that after two long days of discussion and dialogue, it was not possible to give a summary of what had been raised. However, the Committee very much appreciated that such a big and high-ranking delegation had taken the trouble to come from the mainland, Macau and Hong Kong to Geneva. Abundant information had been received, the reports rich in information, the written replies substantial, and the two-day explanations had been very enlightening. Many of the questions had been answered - some not to the extent or depth that had been hoped for. A number of convincing arguments had been heard, some left doubts, and some explanations urged the Members to reconsider their opinions. It had been a very candid exchange, including on very delicate topics.

The offer to continue the dialogue between the consideration of reports had been received with gratitude. The concluding oservations would still hold concerns, and Mr. Krappman was sure that these were shared concerns, and that China would want to implement as many of the recommendations as soon as resources were available, and he urged that these be put at the top rank of policies. He noted that some of the recommendations could be controversial, but urged that they be considered. The Committee acknowledged that remarkable steps had been taken over the last ten years, including poverty reduction in the mainland, more children in schools for more years, expansion of health services, more assistance to children in different kinds of emergencies, and many other positive trends, and this would be reflected in the concluding observations.

The Committee, based on the Convention, had to insist on a clear child-rights provision. Children were entitled to all the provisions, and it was not up to individual discretion to apply them. Insistence on children‘s rights was corroborated when looking at demographic developments in China - as it was an aging society. All wanted the best for children, and Mr. Krappman asked the delegation to take the best wishes of the Committee back to China.
For use of the information media; not an official record

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