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Notizie Tibet
Sisani Marina - 10 aprile 1997
Denmark: The draft China resolution

Date: Thu, 10 Apr 1997 19:16:20 +0100

From: Anders Hojmark Andersen

To: Multiple recipients of list TSG-L

Copenhagen, 10-4-1997

Dear TSGs

I forward a press release from the Danish Foreign Ministry and the draft

resolution on China (and Tibet!) that is due for discussion and vote in the

UN Commission on Human Rights on Tuesday unless China succeeds in avoiding

it through a "no action" motion.

Among the 53 countries in the UN Commission on Human Rights that have NOT

yet decided to support the resolution (and should be the subject of intense

lobby efforts) are:

Argentine, Bhutan, Brasil, Bulgaria, Canada, Chile, Columbia, El Salvadore,

France, India, Italy, Japan, Mexico, Nepal, Nicaragua, Russia, South

Africa, the Czech Republic and Germany.

Regards

Anders H. Andersen

Tibet Support Committee, Denmark

--------------------------------------------------------

Draft Resolution on Human Rights in China

(press release)

The Danish Foreign Ministry informs:

Together with a large number of co-sponsors Denmark has tabled a draft

resolution at the Commission on Human Rights 53rd session in Geneva

concerning the human rights situation in China. At present, the co-sponsors

are: the Netherlands, United Kingdom, Austria, Portugal, Luxembourg,

Liechtenstein, Belgium, Ireland, Finland, Sweden, Norway, Iceland,

Switzerland, the United States of America and Denmark.

According to the Commissions program the draft resolution will be discussed

on Tuesday April 15, 1997. It will be possible to sign up as co-sponsor

until April 15.

The European Union has, between 1990 and 1996, tabled a draft resolution

concerning the human rights situation in China at the annual session of the

Commission on Human Rights.

China has each year responded with a procedural move in the form of a "no

action motion" in order to prevent the substance of the resolution from

being discussed. The "no action motion" has been adopted each year with the

exception of 1995. That year the subsequent vote on the substance of the

draft resolution was rejected with one vote.

The draft resolution is attached to this statement and is also available at

the Foreign Ministry`s Homepage (http://www.um.dk)

The Foreign Ministry, April 10, 1997

THE TEXT OF THE RESOLUTION:

SITUATION OF HUMAN RIGHTS IN CHINA.

(PP1) REAFFIRMING 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 AS ELABORATED IN THE UNIVERSAL DECLARATION OF HUMAN

RIGHTS, THE INTERNATIONAL COVENANTS ON HUMAN RIGHTS AND OTHER APPLICABLE

HUMAN RIGHTS INSTRUMENTS,

(PP2) MINDFUL THAT CHINA IS A PARTY TO THE INTERNATIONAL CONVENTION ON THE

ELIMINATION OF ALL FORMS OF RACIAL DISCRIMINATION, THE CONVENTION ON THE

ELIMINATION OF ALL FORMS OF DISCRIMINATION AGAINST WOMEN, THE CONVENTION

AGAINST TORTURE AND OTHER CRUEL, INHUMAN OR DEGRADING TREATMENT OR

PUNISHMENT AND THE CONVENTION ON THE RIGHTS OF THE CHILD,

(PP3) RECOGNIZING THE SIGNIFICANT TRANSFORMATION CHINESE SOCIETY HAS

UNDERGONE SINCE THE INTRODUCTION OF THE REFORM POLICIES AND THE SUCCESSFUL

EFFORTS OF THE CHINESE GOVERNMENT IN THE DEVELOPMENT OF THE ECONOMIC

SITUATION OF THE COUNTRY AND IN REDUCING THE SHARE OF ITS PEOPLE LIVING IN

EXTREME POVERTY, THUS ENHANCING THE ENJOYMENT OF ECONOMIC RIGHTS,

(PP4) TAKING NOTE OF THE REPORTS OF THE SPECIAL RAPPORTEURS ON THE QUESTION

OF TORTURE AND OTHER CRUEL, INHUMAN OR DEGRADING TREATMENT OR PUNISHMENT

(E/CN.4/1997/7), FREEDOM OF OPINION AND EXPRESSION (.../31), INDEPENDENCE

OF JUDGES AND LAWYERS (.../32), VIOLENCE AGAINST WOMEN (.../47),

EXTRAJUDICIAL,

SUMMARY OR ARBITRARY EXECUTIONS (.../60 AND ADD.1) AND ON ALL FORMS OF

INTOLERANCE AND OF DISCRIMINATION BASED ON RELIGION OR BELIEF (.../91), AS

WELL AS THE REPORTS OF THE WORKING GROUPS ON ARBITRARY DETENTION (.../4

AND ADD.1) AND ENFORCED OR INVOLUNTARY DISAPPEARANCES,

1. WELCOMES

A. THE READINESS OF THE GOVERNMENT OF CHINA TO EXCHANGE INFORMATION ON

HUMAN RIGHTS ISSUES,

B. PROGRESS ON THE CODIFICATION OF CHINA`S LEGAL PRACTICE, INCLUDING

CHANGES TO CHINA`S CRIMINAL PROCEDURE LAW,

C. CHINA`S EXPRESSED INTEREST IN ACCEDING TO THE INTERNATIONAL COVENANT ON

CIVIL AND POLITICAL RIGHTS AND THE INTERNATIONAL COVENANT ON ECONOMIC,

SOCIAL AND CULTURAL RIGHTS,

2. EXPRESSES ITS CONCERN

A. AT CONTINUING REPORTS OF VIOLATIONS OF HUMAN RIGHTS AND FUNDAMENTAL

FREEDOMS IN CHINA BY LOCAL, PROVINCIAL AND NATIONAL AUTHORITIES AND SEVERE

RESTRICTIONS ON THE RIGHTS OF CITIZENS TO THE FREEDOMS OF ASSEMBLY,

ASSOCIATION, EXPRESSION AND RELIGION AS WELL AS TO DUE LEGAL PROCESS AND TO

A FAIR TRIAL,

B. AT INCREASED RESTRICTIONS ON THE EXERCISE OF CULTURAL, RELIGIOUS AND

OTHER FREEDOMS OF TIBETANS, INCLUDING THE CASE OF THE 11TH PANCHEN LAMA,

GEDHUN CHOEKYI NYIMA,

C. AT THE PERSECUTION AND HARSH SENTENCES IMPOSED ON PERSONS WHO HAVE

PEACEFULLY AVAILED THEMSELVES OF THEIR FREEDOM OF ASSEMBLY, ASSOCIATION,

EXPRESSION OR RELIGION,

3. CALLS UPON THE GOVERNMENT OF CHINA

A. TO ENSURE THE OBSERVANCE OF ALL HUMAN RIGHTS IN ACCORDANCE WITH ITS

OBLIGATIONS UNDER THE HUMAN RIGHTS CONVENTIONS TO WHICH IT IS A PARTY, AND

TO BECOME PARTY TO THE INTERNATIONAL COVENANT ON CIVIL AND POLITICAL RIGHTS

AND THE INTERNATIONAL COVENANT ON ECONOMIC, SOCIAL AND CULTURAL RIGHTS,

B. TO TAKE FURTHER MEASURES TO IMPROVE THE IMPARTIAL ADMINISTRATION OF JUSTICE,

C. TO RELEASE POLITICAL PRISONERS,

D. TO PRESERVE AND PROTECT THE DISTINCT CULTURAL, ETHNIC, LINGUISTIC AND

RELIGIOUS IDENTITY OF TIBETANS AND OTHERS,

E. TO CONTINUE AND STRENGTHEN ITS BILATERAL DIALOGUES AS AN IMPORTANT

INSTRUMENT OF MUTUAL INFORMATION AND COOPERATION, WITH A VIEW TO REACHING

FURTHER POSITIVE

DEVELOPMENTS BEFORE THE NEXT SESSION OF THE COMMISSION ON HUMAN RIGHTS,

F. TO COOPERATE FULLY WITH ALL THEMATIC SPECIAL RAPPORTEURS AND WORKING

GROUPS OF THE COMMISSION ON HUMAN RIGHTS AND TO ENGAGE IN A DIALOGUE WITH

THE HIGH COMMISSIONER FOR HUMAN RIGHTS IN ACCORDANCE WITH THE HIGH

COMMISSIONER`S MANDATE,

4. DECIDES TO REQUEST THE HIGH COMMISSIONER TO REPORT ON THE PROGRESS OF

THE HIGH COMMISSIONER`S DIALOGUE WITH THE GOVERNMENT OF CHINA AND ON THE

POINTS REFLECTED IN THE PRESENT RESOLUTION TO THE 54TH SESSION OF THE

COMMISSION ON HUMAN RIGHTS.

 
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