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Full Text: National Human Rights Action Plan of China (2009-2010) (18)
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13:57, April 13, 2009

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(8) The right to oversee

The state will improve laws and regulations, and explore scientific and effective approaches to improve the mechanism of restraint and supervision, and guarantee the people's right of democratic supervision.

- The Law on the Supervision by the Standing Committees of People's Congresses at All Levels shall be implemented to strengthen supervision by the people's congresses' over administrative, trial and procuratorial organs, focusing on conspicuous problems that have a bearing on the overall situation of reform, development and stability, affect social harmony or cause strong public resentment. In the period 2009-2010, the Standing Committee of the National People's Congress will hold hearings and deliberate on reports of the State Council concerning the building of the rural social security system and efforts to improve employment and reemployment; and reports of the Supreme People's Court on strengthening enforcement of court rulings in civil cases, and special reports of the Supreme People's Procuratorate on strengthening inspection of malfeasance and other work. It will continue to strengthen examination and supervision of plans for national economic and social development, and of budgets and final accounts. It will earnestly organize for inspection on the enforcement of the Trade Union Law, Stock-breeding Law, the Law on Food Safety and other laws, do a good job in the follow-up and supervision of any suggestions proposed in inspection reports on the enforcement of the Labor Contract Law, Compulsory Education Law, Law on the Protection of Minors and other laws. It will also strengthen examination and supervision regarding whether normative documents conform to the Constitution and laws.

- The democratic supervision mechanism of the CPPCC will be improved, making institutional improvements in the links of getting information, communication and feedback to guarantee unblocked channels for democratic supervision and enhance the quality and efficiency of democratic supervision. Full play will be given to the role of CPPCC bills and proposals in democratic supervision, and government departments concerned shall handle them seriously, and give formal replies without delay.

- The people's supervision over administrative, trial and procuratorial organs will be strengthened, and efforts will be stepped up to exercise supervision over law enforcement, and government honesty and efficiency. The special supervisor system will be further improved to strengthen supervision over administrative organs and their functionaries. The state will explore and experiment with the special examiner system to supervise, together with other forms of supervision, court operation and judicial officers in terms of trial style, style of work, professional ethics, honesty and self-discipline. The state will explore and experiment with the special inspector system, reform and improve the people's supervisor system, and supervise procuratorial organs, together with other forms of supervision.

- The state will guarantee citizens' rights to criticize, give advice to, complain of, and accuse state organs and civil servants, and give full play to the role of mass organizations, social organizations and the news media in supervising state organs and civil servants.

- Laws and regulations on the prevention and punishment of corruption will be strictly implemented, so will rules that require leading cadres to be clean and self-disciplined. Supervision over principal leading cadres will be earnestly strengthened to ensure the correct exercise of power. Full play will be given to the role of administrative supervision to resolutely stop unhealthy practices that hurt the fundamental interest of the public, and effective measures will be taken to deal with major issues that cause strong public resentment.

III. Guarantee of the Rights and Interests of Ethnic Minorities, Women, Children, Elderly People and the Disabled

In the period 2009-2010, China will take further measures to protect the rights and interests of ethnic minorities, women, children, elderly people and the disabled.

(1) The rights of ethnic minorities

China is a unified country composed of 56 ethnic groups identified and acknowledged by the central government. The 55 minority ethnic groups - Han Chinese not included - have a total population of 106.43 million, accounting for 8.41 percent of the total population of China (Based on statistics released after the fifth national census in 2000). In China, all ethnic groups are equal, and the state protects the lawful rights and interests of ethnic minorities.

- Promoting lawmaking related to the affairs of ethnic minorities. The state will expedite the formulating of ancillary regulations that promote the implementation of the Law on Regional Ethnic Autonomy. The Regulations on Ethnic Minority Work in Cities and Regulations on Administrative Work in Ethnic Townships will be revised.

- Guaranteeing that ethnic minorities exercise the right to manage the affairs of ethnic autonomous areas and participate in managing state affairs. The state will make sure that all the 55 minority ethnic groups have their representatives in the National People's Congress, with at least one representative for any ethnic group with a very small population. Any minority ethnic group with a population of more than 1 million is guaranteed to have a member on the Standing Committee of the National People's Congress. The state will continue to guarantee that among the chairman and vice-chairmen of the standing committee of the people's congress of an autonomous area there shall be one or more citizens of the ethnic group or groups exercising regional autonomy in the area concerned, and that the head of an autonomous region, autonomous prefecture or autonomous county shall be a citizen of the ethnic group exercising regional autonomy in the area concerned. The state will guarantee that people from minority ethnic groups are well represented in state power organs as well as administrative, judicial and procuratorate organs at the central and local levels to participate in the management of state and regional affairs.

- Promoting the development of education for ethnic minorities. The state will continue to establish and develop schools and organize preparatory classes for ethnic minorities, adopt bilingual teaching systems and give preferential treatment to students of minority ethnic groups in enrollment in schools and universities. It will promote boarding education in the vast rural and pastoral areas, and establish Tibetan junior high schools and Xinjiang senior high classes in the hinterland. By 2010, more than95 percent of the population of ethnic autonomous areas should have access to nine-year compulsory education.

- Strengthening the training of personnel of ethnic minorities, and making efforts to let the proportion of people from ethnic minorities in employment approach the proportion of the ethnic minority population to that of China's total population. The state will train, by rotation, cadres of ethnic minorities at the district/county level, and have cadres working in the field of ethnic minority work receive training in modern management and general skills. It will pick candidates from among the middle-aged and young cadres of ethnic minorities at the county (city, banner, district) and township levels to receive college education, including sending outstanding middle-aged and young technicians of ethnic minorities to other countries for training programs.

- Guaranteeing ethnic minorities' right to learn, use and develop their own spoken and written languages. The state will train people to be specialists in the spoken and written languages of ethnic minorities, and guarantee the use of such languages in the judicial, administrative and educational fields. It will increase financial aid to publications using languages of ethnic minorities, and support the publishing of books and magazines in ethnic-minority languages. It will help enhance the capabilities to produce (as well as the capabilities to translate) films, and radio and television programs in languages of ethnic minorities. It will raise the rate of coverage of radio and television broadcasting in languages of ethnic minorities in border regions, and promote the standardization and informationization of the spoken and written languages of ethnic minorities.

- Promoting the development of the cultures of ethnic minorities. The government will continue to introduce to China and the rest of the world the famous cultural and artistic accomplishments of ethnic minorities in the fields of literature, opera, music, dance, fine arts, handicrafts, architecture, customs, costume and food. It will produce fine films, and radio and television programs with ethnic minorities as the subject matter, and support ethnic publishing projects that have a significant impact on the cultural development of ethnic minorities; donate books and magazines in languages of ethnic minorities as well as Chinese to libraries and elementary and middle schools in counties(cities, banners, districts) where ethnic minorities live in compact communities, and to farming and pastoral areas inhabited by ethnic minorities; and protect, develop and foster performing arts with characteristics of ethnic minorities.

- Promoting economic development in areas inhabited by ethnic minorities and raising the standard of living of the ethnic minorities. The state will increase investment in economic and social programs in areas inhabited by ethnic minorities. During the period 2009-2010, the state will appropriate more than 2 billion yuan as a development fund for ethnic minorities to accelerate their economic and social development. Of the sum, nearly 1 billion yuan will be used to help the construction of infrastructure, the renovation of dilapidated houses, the improvement of people's living and production conditions, industrial development, salaries and social programs in regions where ethnic minorities with relatively small populations live in compact communities. The state will continue to support the economic and social development of border areas, focusing on solving difficulties in people's livelihood in those areas. Poverty elimination in extremely impoverished ethnic villages will be a priority. The goal is to make these villages have access to roads, electricity, telephone service, and radio and TV programs, making sure that these villages have schools, clinics, safe drinking water for people and livestock, safe housing as well as farm fields or pastureland that can provide sufficient food and clothing for the villagers.

(2) Women's rights

The state will continue its efforts to realize the goals stated in the Program for the Development of Chinese Women (2001-2010), promoting gender equality as well as guaranteeing women's legitimate rights and interests.

- Increasing women's participation in the management of state and social affairs. People's congresses, political consultative conferences and local governments at all levels should have at least one female member in their leadership. Women should be present in at least 50 percent of the government leadership of central government ministries, provincial governments (governments of autonomous regions and municipalities directly under the central government) and city governments (governments of prefectures and leagues). The proportion of female civil servants in the leadership of departments and divisions will be increased in government bodies above the city (prefecture) level. At least 20 percent of the reserve cadres at provincial, city and county levels should be women. The proportion of women civil servants in state organs at all levels will be increased, and in professions and industries where women are in the majority the number of women holding managerial posts should be in an appropriate proportion to the number of total women workers. An appropriate number of women members will be included in community committees and village committees.

- Guaranteeing equal right for women in employment and their access to economic resources. Gender discrimination is prohibited in the recruit of new workers and staff. Special provisions for the protection of women will be included in job contracts and collective contracts, and special labor protection measures for women will be improved. The coverage of maternity insurance for urban female employees will reach 90 percent. The membership and legal rights of women in rural collective economic organizations will be guaranteed, and local practices against related laws or regulations must be corrected to ensure that women enjoy equal land rights and other property rights with men.

- Guaranteeing women's right to education. The net enrollment rate of school age girls will reach 99 percent, and the proportion of girls staying in elementary school for five years will reach 95percent. The gross enrollment rate of female students in junior high schools will reach 95 percent; that in senior high schools, 75 percent; and that in institutions of higher education, 15 percent. The literacy rate of adult women will be raised to 85 percent, and that of young and middle-aged women, 95 percent. Teachers' training programs should include education on gender awareness.

- Guaranteeing women's reproductive rights and improving maternity health care services. Information and education on family planning and reproductive health will be provided for women, who enjoy equal rights in family planning with men. Information on contraception and reproductive health services will be provided for women to choose, according to their individual conditions, safe, effective and appropriate contraception methods. By 2010, the coverage of maternity health care services in urban and rural areas will exceed 90 percent and 80 percent, respectively. The dissemination rate of knowledge on reproductive health and family planning for women of childbearing age will reach 80 percent. In rural areas, the rate of women giving birth in hospitals will reach 90 percent. In remote areas where hospitalization for lying-in women is hard to achieve, the utilization rate of new delivery methods will reach 95 percent. Complications caused by birth control surgery should be controlled under one per thousand.

- Preventing and cracking down on the crimes of abducting and trafficking in women. The Action Plan to Crack Down on the Abduction and Trafficking in Women and Children (2008-2012) has been promulgated and implemented, and an inter-ministry joint conference system of working units will be established to prevent and crack down on the crimes of abducting and trafficking in women and children, as well as to rescue and resettle those who have been abducted.

- Prohibiting all forms of domestic violence against women, exploring and establishing a working mechanism that combines prevention, prohibition and assistance in the fight against domestic violence.

- Adopting forms of management appropriate for women convicts. The emphasis will be placed on enhancing the ability of female convicts to get jobs after they return to society through training courses in professional skills.


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