Home > PUBLICATIONS & RESOURCES > JOURNAL >

A Comment on the Second Consideration by the ESCR Committee Regarding the Chinese Report on the Implementation of ICESCR
June 10,2015   By:CSHRS
A Comment on the Second Consideration by the ESCR Committee Regarding the Chinese Report on the Implementation of ICESCR
 
Huang Jinrong*
 
Abstract: The ESCR Committee considered the Chinese Report on the Implementation of ICESCR for the second time on May 8, 2014. During the last reporting period, China had made tremendous achievements in such areas as the formulation of a National Human Rights Action Plan, abolishment of the Re-education Through Labor system, fulfillment of the right to security and free compulsory education. Compared with the last consideration, the ESCR Committee raised in this consideration many old issues concerning establishment of a national human rights institution, direct application of the ICESCR and trade union rights as well as a few new ones such as human rights protection in carrying out foreign aid or investment projects in developing countries. Nevertheless, the ESCR Committee also made a few suggestions that are not entirely appropriate in terms of the household registration system and family planning policy in China. There is also a room for the Chinese delegation to improve in describing the real situation of the Chinese legal system more accurately. 
 
Keywords: ICESCR     ESCR Committee   implementation of ICESCR   China 
 
In May 8, 2014, The Committee on Economic, Social and Cultural Rights (hereinafter referred to as “the Committee”) considered the second periodic report of China on the implementation of the International Covenant on Economic, Social and Cultural Rights(hereinafter referred to as “the Covenant” unless specified otherwise) in its 52nd session. I was lucky to be present at the session as an observer. In this article, I will make an introduction and comment on the consideration process with a view to better fulfilling the Covenant for China. I will offer some basic information on this consideration in the first part of the paper. Then I will try to evaluate the main achievements made by Mainland China. In the third part I will make an analysis of some old as well as new issues raised during the consideration. Lastly, I will further discuss some controversial issues arising from the consideration.
 
I. Basic information on the Chinese report and consideration
 
The International Covenant on Economic, Social and Cultural Rights took effect in China on June 27, 2001. According to articles 16 and 17 of the Covenant and relevant provisions of the Committee, state parties shall submit their initial reports to the Committee via the Secretary-General of the United Nations within two years of the entry into force of the Covenant and submit their following periodic reports every five years afterwards. The Chinese government submitted its initial report on the implementation of the Covenant as scheduled on 27 June 2003, and the Committee considered China’s report from 27 to 29 April 2005. On 30 June 2010, China submitted its second report as scheduled on the implementation of the Covenant,but the Committee did not consider it until 8 May 2014. The Committee issued its concluding observations on China on 23 May. Since it usually takes a long time for the Committee to consider the reports of the state parties after they are submitted, the consideration of the Committee will unavoidably involve the status of implementation of the Covenant after the submission of the reports. For this reason, what the Committee considered on 8 May 2014 actually was the status of implementation of the Covenant in China for the nine years from the date of the consideration of the initial report to 8 May 2014, not just the status of implementation in the five years prior to 2010.
Chinese Dictionary:

@cn_humanrights

For the latest news and analysis from our

reporters and editors:Staff Twitter List>>

E-mail:chinahrs@public.bta.net.cn