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Statement by Adviser DU Zhongxing of the Chinese Delegation on Civil and Political Rights (Item11) at the 60th Session of the Commission on Human Rights (Geneva, April 1, 2004) 2004/04/16 Mr. Chairman, Civil and political rights are  important human rights.  A comprehensive and objective understanding of civil and political rights will help better enhance and realize these rights.  The Chinese delegation believes that: 1. There are different ways and means to realize civil and political rights.  The nearly 200 countries in the world have different social, political and legal systems. They also have different histories and cultural backgrounds.  It is natural and indeed necessary that they take different ways in realizing civil and political rights in the light of their national conditions. In this respect, there is no such a thing that one model is superior than other models. 2.The realization of civil and political rights is a gradual process.  No matter what method or model a country adopts in realizing human rights, the enjoyment of civil and political rights by individuals in that country cannot possibly exceed the level of its overall social development. Every country is now in this process and no country can achieve a perfect record in this regard. They should, therefore, look at others' efforts in promoting and safeguarding civil and political rights in the perspective of development and history and objectively recognize their own shortcomings.  This Commission should be a forum for discussions, exchanges and a place where we learn from one another and do some practical work for the full realization of civil and political rights and promoting common progress. 3.The realization of civil and political rights requires material support and capacity-building.  It is closely linked to economic, social and cultural rights and the right to development.  At present, there are some misunderstandings about civil and political rights.  Some believe that the protection of these rights requires only political will and that no resources are needed.  Yet in actual practice, it is not difficult to find out that protecting these rights does require resources. For example, resources are needed for human rights education, training of law enforcement personnel, provision of legal aid, elections at the grass-roots level, etc..  To further promote the cause of human rights, the international community should give due regard to economic, social and cultural rights as well as the right to development. Greater technical support and assistance for the purpose of capacity-building should be provided to the vast number of developing countries which are economically under-developed and facing financial difficulties.   4.Rights and obligations are inter-related and indivisible --- neither of the two should be favoured or emphasized at the expense of the other.  Articles 19, 20, 21 and 22 of the International Covenant on Civil and Political Rights clearly stipulate that the exercise by citizens of their rights and freedoms should not jeopardize national security, public safety, public order, the protection of public health or the rights and freedoms of others. Mr. Chairman, The Chinese Government has all along attached great importance to promoting and safeguarding of the civil and political rights of the Chinese people. It has been working hard to advance democracy, improve its legal framework and earnestly implement the principle of governing the country according to law.  Since it started functioning last year, the new Chinese Government has, by adhering to adhere to the people-oriented principle, taken many new measures to protect civil and political rights.  For example, the regime of taking and repatriating vagrants and beggars has been replaced by a new practice of providing such persons with relief and assistance according to their own wish.  The newly promulgated regulations on legal aid provide that the Government has the responsibility to render legal assistance to the disadvantaged people in lawsuits.  The law-enforcement departments have adopted more stringent measures to ensure strict compliance with the law, made efforts to make their service more conveniently accessible to people and launched a campaign to clear the backlog of the cases involving improperly extended detentions.  All these demonstrate a respect for civil and political rights. As a developing country with a large population, great regional disparities,   and a comparatively low level of economic development and education, China is facing various difficulties and challenges in its effort to realize civil and political rights.  The Chinese Government is taking a series of measures to solve these problems.  The National People's Congress recently adopted an amendment to the Chinese Constitution, providing "The State respects and protects human rights". This fully demonstrates the firm determination of the Chinese Government to further promote and protect human rights and will have a positive and far-reaching significance towards the full realization of the civil and political rights of Chinese citizens.  The Chinese Government is confident that it will be able to, through its own efforts, steadily improve the level of enjoyment of various civil and political rights by the Chinese people.  In this process, the Chinese Government is ready to further strengthen, in a more active and open manner, exchanges and cooperation with the international community on the basis of equality and mutual respect, and work with it towards sound development of the international cause of human rights. Mr. Chairman, The United States sees itself as a model for protecting human rights, in particular civil and political rights. Under several items, its representatives tell the Commission of their "success stories", quote their dignitaries and proudly present to the Commission their rights protection "achievements" both domestically and internationally. Indeed, "American Dream" is something many people cherish, but the American reality is not as perfect as the US delegates have described. In fact, the US is facing the challenge of the highest private ownership of guns, rampant violent crimes, police brutality and poor prison conditions, the people's life, freedom and personal safety. Since the September 11 terrorist attack, the US adopted the Patriot Act, many provisions of which encroached upon the rights and freedoms of its citizens, minorities in particular.  Furthermore, the anti-terrorism act adopted by the US Congress permits the arrest of immigrants with indefinite duration, wiretapping of phone conversation, secret investigations, among others. In the Operation Landmark launched in Chicago, some immigrants were detained and deported without criminal acts. This kind of "secret policing" activity in excuse of national security infringed on the civil rights and freedoms of millions of immigrants in the US. During its war against Iraq, the US Government exercised extremely tight control over news media. As some journalist has said, that US authorities had controlled all information to be spread by the media while journalists had degenerated into the government's stenographers. The American people is great people, they deserve and are entitled to full civil and political rights. It is hoped that the US government recognize its own deficiencies and make greater efforts in protecting the civil and political rights of its citizens.     Thank you, Mr. Chairman.

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