The 60th session of the United Nations Commission on Human Rights (UNCHR), under way in Geneva through April 23, has voted not to consider a draft resolution submitted by the United States criticizing China's human rights practices.

The United States has supported or sponsored a UNCHR resolution on China's human rights practices every year since 1989 except in 1991, 1998, 2002, and 2003. China has successfully prevented such resolutions from coming to a vote each time by obtaining sufficient support from other commission members for procedural "no-action motions" on the measures.

According to wire service reports, 28 UNCHR members sided with China April 15 in calling for a "no-action motion" on this year's draft resolution, with 16 voting for the U.S. resolution to be debated and nine abstaining.

In a March 22 statement announcing the U.S. intention to submit a draft resolution on China this year, the Department of State criticized the use of procedural devices that "seek to prevent debate on resolutions and, as such, are not consistent with democratic principles such as freedom of speech."

"Such no-action motions prevent the only global body charged specifically with human rights from fulfilling its mandate," the statement says.

According to the Department of State, the United States submitted the draft resolution this year because it has been disappointed by China's failure to meet commitments made at the December 2002 U.S.-China Human Rights Dialogue and has been concerned about "backsliding on key human rights issues" in several areas since that time.

In particular, the draft resolution expresses concern about "continuing reports of severe restrictions on freedom of assembly, association, expression, conscience and religion, legal processes that continue to fall short of international norms of due process and transparency, and, arrests and other severe sentences for those seeking to exercise their fundamental rights, including those in Tibet and Xinjiang."

Item 9
Draft Resolution
United States of America

8 April 2004

The Situation of Human Rights in China

Bearing in mind that all Member States have an obligation to promote and protect human rights and fundamental freedoms as stated in the Charter of the United Nations and the Universal Declaration of Human Rights, and the duty to fulfill the obligations they have undertaken under various human rights instruments,

Taking note of the significant transformation of Chinese society since the introduction of successful economic reform policies, including reducing the number of Chinese living in extreme poverty,

Taking note of some steps also taken by China over the past two decades to enhance the enjoyment of human rights, such as the announcement of the elimination of the administrative justice system of "custody and repatriation" and the widening of village elections,

Welcoming China's readiness to participate in human rights dialogues,

1. Expresses concern about continuing reports of severe restrictions on freedom of assembly, association, expression, conscience and religion, legal processes that continue to fall short of international norms of due process and transparency, and, arrests and other severe sentences for those seeking to exercise their fundamental rights, including those in Tibet and Xinjiang.

2. Encourages China to permit visits by United Nations Mechanisms, including Working Groups and Special Rapporteurs, and take additional steps to cooperate with the international community in the human rights area, including upholding its commitments under the 1967 United Nations Protocol on the Status of Refugees.

3. Invites the government of China, whose efforts to give effect to the social and economic well being of the population are to be recognized, to make substantive progress in systemic reforms to ensure respect for human rights and fundamental freedoms, in accordance with the provisions of the Universal Declaration of Human Rights.