Europa > European Union in the World > European Union @ United Nations > EU policies for 58th Human Rights Commission, including China

Site map | A-Z Index | Internships/Jobs | Links | Contact us

English Español Français

 

 

EU policies for 58th Human Rights Commission, including China

UN-Commission in Geneva - Council conclusions

"1. Prior to the 58th session of the UN Commission on Human Rights (CHR), the Council examined the action of the EU in that forum, which constitutes a major element of its policy in favour of the defence and protection of human rights. It has drawn the following conclusions:

• Human rights constitute a fundamental component of the external action of the European Union.
  
  
• The CHR has reaffirmed itself as an essential forum for the defence and protection of human rights around the world.
  
  
• The EU is determined to continue to play a major role at the CHR.
  
  
• This will be done with a spirit of commitment and dialogue.

2. The Council fully reaffirmed the commitment of the EU to the principles of liberty, democracy, respect for human rights, fundamental freedoms and the rule of law. In this context it underscored the importance of the Council conclusions of 25 June 2001 on the main principles, which continue to guide the EU policy in the field of human rights and democratisation, as well as the methods and follow-up to ensure, with coherence and consistency, the achievement of those goals. In this respect, it took note with satisfaction that the activities and initiatives of the European Union in this important field have been fully consistent with those objectives and methods.

3. It notably recalled, also with satisfaction, that the EU guidelines on human rights dialogues were adopted on 13 December 2001, adding a key element to the existing guidelines on the death penalty as well as against torture. The ongoing process of follow-up and implementation of all those guidelines, principally conducted by the working party on human rights (COHOM), will greatly contribute to a further expansion of the policies and activities of the European Union in the human rights field and reflect the overriding importance we attach to it.

4. The Council recalled the attachment of the European Union to the permanent duty of all States to protect and promote human rights, fundamental freedoms and humanitarian law and to comply with international engagements subscribed on these matters. The Council took special interest in reaffirming its full conviction, specially after the tragic events of last September, that the fight against terrorism must respect human rights and the rule of law.

5. The Council encouraged the working party on human rights (COHOM) to continue its present exercise of follow-up of the above-mentioned Council conclusions of last 25 June, including the reflection on its own mandate and to present in due time concrete proposals and suggestions with a view to their discussion and approval.

6. The Council expressed its satisfaction with the central role the CHR has achieved in the human rights field. Through the quality of its work, it has reaffirmed itself as an essential forum for the defence of the universality of human rights and for their promotion all over the world. It contributes, in an essential manner, to the establishment of instruments, which serve as a guide both for national practices and interrnational cooperation. The Council stressed the major role played by the EU and its Member States at this forum. It noted the proximity of the forthcoming session of the UN CHR in Geneva and once again underlined the EU resolve to play an active role during its proceedings, coherent with its full commitment to the promotion and protection of those rights. Consistent with its strong will of assuring transparency in the EU policy in the field of human rights, the Council expressed its satisfaction for the dialogue engaged with the European Parliament and civil society in the perspective of the next session of the UNCHR.

7. On this occasion, it noted that the EU will present a significant number of country and thematic initiatives at the CHR, including on the issue of the death penalty, the rights of the child and the human rights situation in a number of countries. The Council recalled the importance it attaches to the dialogue with third countries in the human rights field. It stressed the will of the EU to develop means of concertation and cooperation with all States, members or observers at the CHR. It notably invites the United States to participate actively at the 58th session of the Commission where they have been playing, each year since its inception, an eminent role in the defence and promotion of human rights and fundamental freedoms.

8. The Council encouraged an in-depth follow-up of the decisions and resolutions adopted at the CHR during the time between sessions. It is an imperative condition to achieve progress in the respect of human rights and fundamental freedoms.

9. The Council in particular took note with appreciation of the work undertaken by the Working Group on the drafting of an Optional Protocol to the Convention against Torture, and the personal efforts made by its Chairman-Rapporteur Ms. Odio Benito, and stressed the EU determination to take, in consultation with the chairperson-rapporteur and other participants, the most efficient steps to have a strong optional protocol adopted.

10. The Council reaffirmed its commitment to the International Criminal Court (ICC) as an essential means for promoting respect for humanitarian and human rights law, thus contributing to freedom, security, justice and the rule of law as well as to the preservation of peace and the strengthening of international security, in accordance with the purposes and principles of the Charter of the United Nations. The Council welcomed the fact that the ratification of the Rome statute of the ICC is advancing at a fast pace and, therefore, the 60 ratifications needed for the entry into force of the statute might be achieved shortly. The Council adopted a common position on 11 June 2001, in which the EU and its Member States have committed themselves to give support to the early establishment and good functioning of the Court. The Council will review this common position in June 2002."

Human rights/China - Council conclusions

"1. The Council, guided by its conclusions of 22 January 2001, considered the human rights situation in China on the eve of the 58th session of the UN Commission on Human Rights. It welcomed certain progress in relation to establishing the rule of law, democratic principles and human rights, including the economic and social reform process, the steps taken towards a more open society, and the continued efforts to develop the legal system.

2. The Council also welcomed certain recent amendments to the trade union law, but emphasised the necessity for China to bring its legislation further into line with the principles of the International Covenant on Economic, Social and Cultural Rights (ICESCR), including those of article 8 : 1 (a), which guarantees the right to form and join a trade union of one´s choice.

3. The Council urged China to ratify at an early date the International Covenant on Civil and Political Rights (ICCPR), and reaffirmed the EU´s offer to assist China in the ratification and/or implementation process of both ICCPR and ICESCR through the recently created China/EU academic network.

4. The Council invited China to cooperate more closely with UN human rights mechanisms. In this context, the Council hoped that the visits of the Special Rapporteur on Torture and of the Working Party on Arbitrary Detention would be carried out soon without preconditions.

5. The Council remained concerned about the lack of respect for human rights in China, including the freedoms of expression, religion and association, about the ongoing violations of human rights of pro-democracy activists, proponents of free trade unions and followers of the Falun Gong. The Council was likewise concerned at the widespread use of torture, whilst noting a certain degree of willingness of the Chinese authorities to work towards its eradication.

6. At the same time, the Council underscored its deepest concern for the "strike hard" campaign, which has resulted in an extremely high number of death sentences and executions. The EU is dismayed at this grave setback.

7. The Council was also deeply concerned about restrictions against unofficial churches and religious-groups, as well as the deprivation of religious and cultural rights in Tibet and Xinjiang. While noting the Chinese government´s concerns about alleged acts of terrorism in China, it underlined that the fight against terrorism should be pursued with full respect for human rights and fundamental freedoms.

8. The Council reaffirmed that the human rights dialogue with China, whose last session just took place in Madrid on 5 - 6 March, is one of the Union's channels for working to improve the situation in areas of concern. However, this dialogue is an acceptable option only if enough progress is achieved and reflected on the ground. The EU will continue to evaluate the results of the dialogue at regular intervals, to determine how far its expectations have been met. The EU will also continue to express publicly its concerns about human rights in China and to raise them in meetings with China at all levels.

9. The Council decided that the EU at the UN Commission on Human Rights would convey its deep concern at the serious violations of human rights in China and the lack of progress in a number of areas. The EU will urge China to take the following steps to improve the situation on the ground: early ratification of the ICCPR and full implementation of both the ICCPR and the ICESCR, enhanced cooperation with the UN human rights mechanisms, limitations on the use of the death penalty, with a view to its abolition, putting an end to the "strike hard" campaign, reform of the system of administrative detention, respect for the human rights of all prisoners, including the right not to be subjected to torture, respect for the freedom of expression, religion and belief and for the right of association including free trade unions, as well as respect for the cultural rights and religious freedoms in Tibet and Xinjiang.

10. If a draft resolution on human rights in China is tabled at the 58th session of the UN Commission on Human Rights, the EU will study its contents carefully. The Council has agreed that the EU should adopt and make public the following approach:

• If such a draft resolution is put to a vote, EU members of the Commission will consider favourably voting for its adoption;
  
  
• EU members of the Commission would vote against a no-action motion, should one be presented, and the EU would actively encourage other Commission members to do likewise, since, in the EU´s view, the very notion of no-action is in itself contrary to the spirit of dialogue."

| Top |

Advanced search

• EU Presidency Statement - Commission on Human Rights: High Commissioner's Report (16/4/2002)
• EU Presidency Statement - Commission on Human Rights: Right to development (16/4/2002)
• EU Presidency Statement - Commission on Human Rights: Civil and political rights (10/4/2002)
• EU Presidency Statement - Commission on Human Rights: Violations worldwide (2/4/2002)
• EU Presidency Statement - Commission on Human Rights: Middle East (30/3/2002)
• EU Presidency Statement - Commission on Human Rights: Racism  (21/3/2002)
• EU Presidency Statement - H.R. Javier Solana's at the 58th UN Human Rights Commission (19/3/2002)