Human rights to
be protected by constitution
BEIJING, March 8 (Xinhuanet) -- China's
top legislature, the National People's Congress (NPC), kicked
start a landmark Constitutional amendment which is expected
to enshrine human rights protection for the first time Monday
afternoon.
"The State respects and protects human
rights," says the new expression to be added to Article
33 of Chapter Two of the existing Constitution, which has
undergone three overhauls since its promulgation in 1982.
"It's a consistent principle adopted by
the Party and the Stateto respect and protect human rights.
To write this principle into the Constitution will further
provide a legal guarantee for its implementation," said
Wang Zhaoguo, vice chairman of the NPC Standing Committee,
while explaining the draft amendment to a fullmeeting of
the lawmakers.
The approval of the Constitutional amendments
requires a two thirds overwhelming majority of the nearly
3,000 deputies to the NPC, currently in the middle of a
10-day annual full session here.
The inclusion of human rights protection
in the Constitution isalso "conducive to the development
of China's socialist human rights undertakings, as well
as exchanges and cooperation with theinternational community
in the human rights field," said Wang in his explanation.
Actually, the 15th and 16th National Congress
of the ruling Communist Party of China (CPC), convened in
1997 and 2002 respectively, have explicitly stated the Party's
commitment to respecting and safeguarding human rights,
Wang noted.
The current Constitutional amendments were
proposed by the CPC Central Committee last October and adopted
by the NPC Standing Committee in December.
"The proposal to write human rights protection
into the Constitution itself is an unusual event which marks
a significant progress for China," commented Zhu Guanglei,
a law professor with the Tianjin-based Nankai University.
"Just 20 years ago, human rights was still
regarded as a so-called 'capitalist notion' in China, but
now it's going to have a place in the country's fundamental
law. This development shows what a great leap forward China
has achieved in human rights protection over the past two
decades," said Zhu.
However, as a developing country which
has to feed more than one fifth of the global population
with only 7 percent of the world's farmland, China has its
own understanding of human rights which differs from that
of Western developed countries.
For the Chinese people in the current development
stage, rightsto subsistence and development are the fundamental
and therefore most important human rights to pursue, the
Chinese government has repeatedly said.
At a press conference held on the sidelines
of the ongoing NPC session Saturday afternoon, Chinese Foreign
Minister Li Zhaoxing cited the sharp increase of the Chinese
people's life expectancy to 71 years in 2003 from a mere
35 years in 1949 as indisputable evidence for the country's
human rights progress.
"The conception that China is weak in terms
of human rights is a big mistake," said the minister.
In the 12 years between 1990 and 2001,
the United States had for 10 times instigated or tabled
draft resolutions in the United Nations Commission on Human
Rights in an attempt to censure China on its human rights
records, but had ended in failure every time.
"Judging from China's current situation,
the top concern in human rights protection should be guaranteeing
the people's rightsto subsistence. This is particularly
true in less developed regions like my hometown," said Yao
Sidan, an NPC deputy from the Garze Tibetan Autonomous Prefecture
of southwest China's Sichuan Province.
While China's per capita GDP exceeded 1,000
US dollars in 2003,the average GDP level in Garze, where
76 percent of the local residents are ethnic Tibetans, stood
at around 470 dollars.
"Only by constantly improving the people's
livelihood could other rights of the people be effectively
taken care of," said Yao."Of course, this doesn't mean that
the other aspects of human rights can be neglected."
Song Linfei, president of the Jiangsu Provincial
Academy of Social Sciences, noted that "different nations
will focus on different aspects of human rights in their
different development phases," adding, "it is impossible
for human rights progress to either go ahead of economic
and social development or lag behind it."
The incorporation of human rights protection
into the Constitution will lay a solid foundation for the
gradual, steady and irreversible progress of human rights
in China, said Song, a member of the National Committee
of the Chinese People's PoliticalConsultative Conference,
the top advisory body of the country.
While maintaining an annual economic rate
of more than 8 percent over the past 25 years, China has
signed 21 international human rights agreements, including
the International Covenant on Economic, Social and Cultural
Rights and the International Covenant on Civil and Political
Rights.
With the United Nations economic, social
and cultural rights covenant already ratified by the national
legislature in February 2001, Chinese President Hu Jintao
pledged during his France visit earlier this year that the
Chinese government would also propose the ratification of
the other UN rights covenant when time was ripe.