A/HRC/11/25*
that much work remained to be done in the field of human rights. Noting that the
establishment of a fully funded and independent national human rights institution has
proved helpful in a number of countries, it recommended (a) establishing a national human
rights institution, in accordance with the Paris Principles. It noted with concern continuing
allegations around the use of forced labour as a corrective measure, torture, detention
without trial and ill-treatment of suspects in policy custody, harassment of lawyers and
human rights defenders, and ongoing restrictions on freedom of religion, information and
expression. It recommended (b) engaging with the Human Rights Council’s special
procedure mandate holders on addressing these human rights challenges. Welcoming the
apparent drop in the number of executions in China since the return of the right of review to
the Supreme People’s Court in 2007, New Zealand recommended (c) continued reform
towards the eventual abolition of the death penalty, including greater transparency around
its use. It further recommended (d) conducting a review of its application of the 1984
safeguards, as adopted by ECOSOC 1984/50. It noted an OHCHR report referring to
human rights concerns in Tibet raised by special rapporteurs and by various treaty bodies.
New Zealand has been a consistent supporter of dialogue to achieve meaningful outcomes
that address the interests of all communities in Tibet and it understands that China intends
to resume this dialogue and recommended that (e) it do so. New Zealand recommended (f)
adopting further measures to ensure universal access to health and education and other
welfare for rural communities, minority regions, disadvantaged families and the internal
migrant population. It recommended that g) the national action plan on human rights reflect
concrete steps towards the ratification of the ICCPR.
84.
Argentina asked about initiatives to expand the right to freedom of thought and
freedom of expression with regard to Internet use, and whether there were plans to
criminalize torture in the internal legal order, in conformity with international parameters. It
recommended (a) analysing the possibility of ratifying human rights instruments which are
considered relevant in strengthening its promotion and protection, highlighting: ICCPR,
International Convention for the Protection of All Persons Against Enforced
Disappearances, and assess the possibility of accepting the competency of the Committee
on Enforced Disappearances in accordance with the Convention, and the Protocol to
Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children,
supplementing the Convention against Transnational Organised Crime; (b) evaluating the
possibility of promoting the establishment of a legal description of the scourge of
discrimination, taking into account international legal standards in this area.
85.
Portugal welcomed China’s reform efforts to create the conditions to ratify the
ICCPR expressing hope that these efforts would be successful in a short term period. It also
noted that the ICCPR is one of the cornerstones of the international framework for the
protection and promotion of human rights and this system would be stronger with the full
participation of China. Noting that violence against women is a scourge that has to be
addressed in all countries. Portugal stated that the vulnerability of women increased with
the absence of a legal definition “discrimination.” Portugal recommended to China that: (a)
such a definition be inscribed in its national law; While noting the concern expressed by
CESCR in 2005 about the continued irregularities in the provision of universal access to
free compulsory primary education particularly with regard to rural communities, minority
regions, disadvantaged families and internal migrant population, Portugal welcomed the
recent rise to nine years of compulsory education, and the achievements in adult literacy,
development of vocational and technical training and pre-school education. It
recommended that China (b) ensure that primary education attains the constitutionally
guaranteed universal compulsory status. In spite of all the progresses in the field of
education, Portugal expressed concern over programmes like “Work and Study” as the
regulations failed to provide a clear definition of the acceptable kind, intensity and overall
time duration of this special category of work. It welcomed the ratification of the ICRPD
20
GE. 09-16299
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