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China elaborates positions on right to truth, discrimination and violence based on sexual orientation, extrajudicial execution and disposal of hazardous waste

2019-10-24 03:13

———Statement by Special Representative for Human Rights of Ministry of Foreign Affairs of China Mme Liu Hua at the Third Committee of the UNGA, 24 October 2019

Mr. Chair,

The Chinese delegation listened attentively to the statement made by relevant Special Procedure mandate holders.

China believes that knowing the truth and obtaining fair compensation are the rights that everyone should enjoy. As a way of relief for the rights of victims, apology is an important remedy or compensation to damage, which is helpful to resolve disputes and contradictions and achieve reconciliation. China has stipulated the liability of apology in the General principles of Civil Law, the Tort liability Law, the Criminal Law, the State compensation Law and other laws, and tried compensation cases in accordance with the law to protect the legitimate rights and interests of compensation claimants and safeguard judicial fairness and justice.

Mr. Chair,

China opposes all forms of discrimination and violence, including discrimination, violence and intolerance based on sexual orientation. At the same time, China advocates that the international community should respect the historical and cultural traditions and social systems of all countries, respect the human rights development path chosen by each country, strengthen constructive dialogue and cooperation on the basis of equality and mutual respect, properly handle differences, and work together towards the final elimination of all kinds of discrimination and violence.

Mr. Chair,

The Chinese side believes that the death penalty is a legislative and judicial issue that falls within the sovereignty of a country. There is no consensus in the international community on the definition of “most serious crimes” in the death penalty and the application of the death penalty. The issue of the abolition and application of various penalties, including the death penalty, should fully take into account the judicial system, the level of economic and social development, historical and cultural background, and public opinion of each country.

China implements the policy of “retaining the death penalty and strictly controlling and applying the death penalty”. China retains the death penalty as a prudent choice based on international human rights treaties and China's national conditions. Chinese criminal law stipulates that the death penalty only applies to criminals with extremely serious crimes, and strict standards of application and approval procedures are established.

In 2011 and 2015, the two amendments to the Chinese Criminal Law cancelled a total of 22 death penalty charges including non-violent economic crimes. Since the Supreme People's Court consolidated its exercise of the authority to review death penalty case in 2007, it has ensured that the legal application of the death penalty cases and the referee scale are unified by issuing judicial interpretations, guiding opinions and cases, and there is no discrimination in the death penalty.

The Chinese side believes that the punishment and execution of death sentences by various countries is not within the scope of extrajudicial executions. It is hoped that the Special Rapporteur will work impartially and objectively within the scope of his mandate.

Mr. Chair,

Safeguarding the safety and health of employees is an important responsibility of enterprises. At the same time, toxic waste management is an important part of promoting environmental protection. The production, collection, storage, transportation, utilization and disposal processes are related to the interests of producers, consumers, recyclers, users and disposers, thus needs co-governance of enterprises and the public.

The Chinese government has always attached great importance to the proper management of toxic wastes, safeguarding the right to health and interests of employees, promulgating laws and regulations such as the Law on the Prevention and Control of Occupational Diseases and the Regulations on the Protection of Workplaces Using Toxic Substances, to ensure the safe use of toxic substances in workplaces, and prevent, control and eliminate occupational poisoning hazards to protect workers' lives, health and human rights. The Chinese government promotes the reform of the waste import management system, resolutely bans the entry of foreign garbage, organizes pilot projects for the construction of “no waste cities”, and launches special environmental protection actions such as “special rectification of environmental violations against solid wastes” to comprehensively explore the dumping of solid waste. We verify, investigate and punish corporate environmental violations in accordance with law, and ensure supervision and accountability of dereliction of duty, with positive results.

Thank you, Mr. Chair.

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