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Chinese Government’s Follow-up Response to the Concluding Observations of the UN Committee on the Elimination of Racial Discrimination

October 8, 2019

 Chinese Government’s Follow-up Response to the Concluding Observations of the UN Committee on the Elimination of Racial Discrimination

October 8, 2019

中国政府关于联合国消除种族歧视委员会
结论性意见后续行动的答复材料

Source: https://tbinternet.ohchr.org/_layouts/15/treatybodyexternal/Download.aspx?symbolno=CERD%2fC%2fCHN%2fCO%2f14-17%2fAdd.1&Lang=en

Chinese Original

English Translation by HRIC

消除种族歧视委员会结论性意见中提到的问题,中方在向委员会提交的履约报告和主题清单答复材料中以及与委员会进行互动对话时已作出一定说明。中国政府现根据结论性意见有关后续行动的建议(第61段),就结论性意见第33段(b)、第42段(a)-(d)、第42段(f)-(h)和第44段(c)相关问题进行回应:

The issues mentioned in the Concluding Observations of the Committee on the Elimination of Racial Discrimination have been given certain explanations by China in the periodic reports on its implementation of the Convention and the list of themes to the Committee as well as in the interactive dialogue with the Committee. The Chinese government now responds, according to the Concluding Observations’ recommendation for follow-up (para. 61), and to the issues related to paragraphs 33 (b), 42 (a)-(d), 42 (f)-(h), and 44 (c) of the Concluding Observations:

一、关于在中国正式注册就《消除一切形式种族歧视国际公约》有关问题开展活动的非政府组织的数字

I. Concerning the number of non-governmental organizations officially registered in China carrying out activities on issues related to the International Convention on the Elimination of All Forms of Racial Discrimination

中国政府一贯重视社会组织在消除种族歧视、保护少数民族权利方面的作用。目前,在民政部门登记的与民族有关的社会组织有近1800个。这些组织在教育卫生、文化体育、经济贸易、对外交流、理论研究等领域积极开展活动,为保障少数民族合法权益,促进各民族平等、团结、互助、和谐发展发挥了重要作用。

The Chinese government has always attached importance to the role of social organizations in eliminating racial discrimination and protecting the rights of ethnic minorities. At present, there are nearly 1,800 social organizations related to ethnic groups registered with civil affairs departments. These organizations have actively carried out activities in fields including education and health, culture and sports, economics and trade, foreign exchanges, and theoretical research. They have played an important role in safeguarding the lawful rights and interests of ethnic minorities and promoting equality, unity, mutual assistance, and the harmonious development among all ethnic groups.

二、关于中国新疆维吾尔自治区有关问题

II. Concerning issues relating to China’s Xinjiang Uyghur Autonomous Region

在对话会期间,有关委员关注新疆职业技能教育培训中心(以下简称“教培中心”)问题,中方愿在回答涉及新疆维吾尔自治区其他有关问题前,就教培中心问题作出说明。

During the dialogue, the relevant Committee members showed concern over the issue of vocational education and training centers in Xinjiang (hereinafter referred to as “education and training centers”). The Chinese government wishes to explain the issue of the education and training centers before answering other relevant issues involving the Xinjiang Uyghur Autonomous Region.

恐怖主义、极端主义是人类社会的共同敌人,反恐、去极端化是国际社会的共同责任。新疆是中国反恐、去极端化斗争的主战场。一段时期,新疆深受恐怖主义、宗教极端主义之害,人民生命安全受到严重威胁。新疆坚持标本兼治,打击与预防相结合,通过依法设立教培中心,开展职业技能教育培训工作,着力消除恐怖主义、宗教极端主义滋生蔓延的土壤和条件,有效遏制了恐怖活动多发频发势头,最大限度保障了各族人民的生命权、健康权、发展权等基本权利,取得了反恐、去极端化斗争重要阶段性胜利。

Terrorism and extremism are the common enemies of human society. Counterterrorism and de-extremification are the common responsibilities of the international community. Xinjiang is the main battlefield for China's struggle against terrorism and extremism. For a period of time, Xinjiang has been deeply victimized by terrorism and religious extremism, and the security of people’s lives has been seriously threatened. Xinjiang perseveres in treating both the symptoms and the root causes, and combining attack and prevention; carries out vocational education and training through establishing education and training centers in accordance with the law; strives to eliminate the soil and conditions for the breeding and spread of terrorism and religious extremism; has effectively curbed the momentum of the frequent occurrences of terrorist activities; protects the basic rights of the people of all ethnic groups to the maximum extent, such as the rights to life, health, and development; and has achieved a major interim victory in the struggle against terrorism and extremism.

新疆依据《中华人民共和国反恐怖主义法》《新疆维吾尔自治区实施〈中华人民共和国反恐怖主义法〉办法》《新疆维吾尔自治区去极端化条例》等法律法规,设立了教培中心,开展帮教等工作。目前进入教培中心的学员有三类:一是被教唆、胁迫、引诱参与恐怖活动、极端主义活动,或者参与恐怖活动、极端主义活动情节轻微,尚不构成犯罪的人员。二是被教唆、胁迫、引诱参与恐怖活动、极端主义活动,或者参与恐怖活动、极端主义活动,有现实危险性,尚未造成实际危害后果,主观恶性不深,能够认罪悔罪,依法不需要判处刑罚或者免除刑罚,自愿接受培训的人员。三是因恐怖活动犯罪、极端主义犯罪被定罪处刑,刑满释放前经评估仍有社会危险性,人民法院依法决定在刑满释放后进行安置教育的人员。对第一、第三类人员,根据《中华人民共和国反恐怖主义法》第二十九条、第三十条的规定,依法进行帮教或者安置教育。对第二类人员,则本着宽严相济的刑事政策,打击少数、挽救多数,对认罪悔罪、自愿接受培训的人员,在依法作出不起诉决定后对其进行帮教。对上述人员,通过“集中培训、寄宿学习、实践培养”等多种形式开展免费职业技能教育培训,并在学员考核达标后颁发结业证书。学员结业后,可以自主择业,也可以由有关部门协助安排就业。参加教育培训的人数是动态的,有进有出。随着教培工作的有效开展和推进,大多数学员已达到培训要求顺利结业。

In accordance with the Counter-Terrorism Law of the People's Republic of China, the Xinjiang Uyghur Autonomous Region Implementing Measures for the Counter-Terrorism Law of the People’s Republic of China, the Xinjiang Uyghur Autonomous Region Regulation on De-Extremification, and other laws and regulations, Xinjiang has established education and training centers to carry out work such as mentoring.

There are currently three categories of students entering education and training centers: First is persons who are instigated, coerced, or lured into participating in terrorist or extremist activities, or persons whose participation in terrorist or extremist activities is minor and does not constitute a crime. Second is [those] who are instigated, coerced, or lured into participating in terrorist or extremist activities, or whose participation in terrorist or extremist activities poses a real danger but has not yet caused actual harmful consequences, whose subjective malice is not deep, who can plead guilty and repent, who do not need to be criminally sentenced or are exempt from criminal penalties, and who voluntarily accept training. Third is [those] who have been convicted of and sentenced for terrorist or extremist crimes and found through assessment before their release to still be dangerous to society at the completion of their sentence, and for whom post-release educational placement is ordered by the people's court in accordance with the law.

For the first and third categories of persons, according to the provisions in Article 29 and Article 30 of the Counter-Terrorism Law of the People's Republic of China, mentoring or placement education is conducted in accordance with the law. For the second category of persons, based on the criminal policy of “tempering justice with leniency” [and the principle of] striking a small number to save the majority, those who plead guilty and repent and voluntarily accept training, mentoring is provided after a decision is made, in accordance with the law, not to prosecute them.

For the above-mentioned persons, free vocational education and training are carried out in various forms including “centralized training, boarding studies, and practical cultivation,” and a completion certificate is issued after assessment showing that the student has met standards. After students complete their studies, they can choose their own employment, or be assisted by relevant departments to arrange for employment. The number of people attending education and training is dynamic, showing entrances and exits. With the effective development and promotion of education and training work, the majority of trainees have met training requirements and successfully completed their studies.

新疆教培工作符合国际社会有关公约、倡议中明确的基本原则。作为国际社会负责任的一员,中国积极支持联合国在国际反恐合作中发挥主导和协调作用,坚决遵循《联合国宪章》和其他国际法原则准则,支持联合国安理会通过的一系列反恐决议,大力推动《联合国全球反恐战略》(60/288)全面实施。目前,中国已加入《制止恐怖主义爆炸的国际公约》《制止向恐怖主义提供资助的国际公约》《反对劫持人质国际公约》等国际反恐公约。新疆开展教培工作正是中国在借鉴国际社会反恐、去极端化经验基础上结合本国实际落实国际社会反恐、去极端化倡议及其理念的具体表现。

The education and training work in Xinjiang complies with the basic principles specified in relevant international treaties and initiatives. As a responsible member of the international community, China actively supports the United Nations in playing a guiding and coordinating role in international counterterrorism cooperation; resolutely adheres to the principles and standards in the Charter of the United Nations and other international law; supports the series of resolutions on counterterrorism passed by the United Nations Security Council; and vigorously promotes the comprehensive implementation of the United Nations Global Counter-Terrorism Strategy (60/288).

At present, China has joined international counterterrorism treaties including the International Convention for the Suppression of Terrorist Bombings, the International Convention for the Suppression of the Financing of Terrorism, and the International Convention against the Taking of Hostages. The education and training work carried out in Xinjiang is precisely a concrete demonstration of our country’s integration of the lessons that China has learned from the foundation of the international community’s experience in counterterrorism and de-extremification into our country’s domestic implementation of such initiatives and ideas.

教培中心属于学校性质。针对新疆反恐、去极端化的实际需要,设置了以学习国家通用语言文字、法律知识、职业技能以及去极端化为主要内容的教学课程。第一,针对学员使用国家通用语言文字普遍水平低的问题,开展国家通用语言文字培训。安排有教师资格的国家通用语言专业教师,使用专门为学员编写的教材,按照普通学校授课方式,快速提升学员使用国家通用语言文字的能力。第二,针对学员普遍缺乏法治意识,开设法律知识课程。通过学习,使学员增强对公民权利义务的认识,建立平等享有权利、履行公民义务的观念,自觉遵守国家宪法法律,按照宪法法律赋予的权利和义务行事。第三,针对学员缺乏职业技能、就业困难的问题,开展职业技能培训。教培中心将学习职业技能作为提升学员就业能力的重要途径,根据当地需求和就业条件设置培训课程,对其中有愿望有条件的学员进行多技能培训,确保学员结业后能够较为熟练地掌握1—2门职业技能。

The nature of the education and training centers is that of schools. Focusing on Xinjiang’s actual needs for counterterrorism and de-extremification, instructional courses are set up for the learning of standard national spoken and written language, legal knowledge, vocational skills, and de-extremification as their main contents.

First, [the education and training centers] tackle the issue that trainees have a generally low level in the use of standard national spoken and written language by conducting training on the standard national spoken and written language. Professional teachers qualified in the teaching of the standard national language are put in place, to use materials specifically written for trainees, and according to the general methods of school teaching, to rapidly improve trainees’ ability to use the standard national spoken and written language.

Second, [the education and training centers] tackle the trainees’ general lack of the concept of rule of law by setting up legal knowledge courses. Through study, trainees’ knowledge about citizen rights and duties is strengthened, and their concepts of equal enjoyment of citizen rights and the exercise of citizen duties are developed, [so that] they will, of their own volition, obey the country’s Constitution and laws and conduct themselves in accordance with the rights and duties conferred by the Constitution and law.

Third, [the education and training centers] tackle the issues of trainees’ lack of vocational skills and difficulties in obtaining employment by conducting vocational skills training. Education and training centers view the learning of vocational skills as an important way to raise trainees’ employability and, according to local demands and employment conditions, provide multi-skills training to trainees who show potential and capabilities, ensuring that trainees possess relative familiarity with the skills of 1-2 vocations after the completion of their studies.

新疆开展教培工作,是政府依法采取的一项社会治理措施,旨在保障人民生命安全,保障公民基本权利不受侵犯。在开展教培工作中,教培中心严格贯彻落实宪法和法律规定,保障参与培训学员的基本权利不受侵犯。中国法律明文禁止任何基于地域、民族、宗教等理由的歧视性做法,这一规定在新疆得到了切实执行。教培中心确定教育挽救对象的唯一标准是是否有过恐怖主义、宗教极端主义违法或犯罪行为,与其所在的地区、所属的民族和所信仰的宗教毫无关系。学员在教培中心学习过程中的人身自由得到依法保障。教培中心充分保障学员的人格尊严不受侵犯,严禁以任何方式对学员进行人格侮辱和虐待。教培中心实行寄宿制管理,学员可定期回家,有事请假,学员有通信自由。在教培中心,各民族的风俗习惯和使用本民族语言文字的权利都得到充分保障,尊重学员的宗教信仰自由和学员各方面精神文化生活需求。教培中心配备双语教师、辅导员、医生和后勤服务管理人员等,保障学员正常学习生活。为解除学员后顾之忧,新疆各级政府对教培学员家庭平等落实社会保障、教育医疗、脱贫攻坚等各项优惠政策,帮助学员亲属解决生产、生活、就业、就学、就医等方面的实际困难,增强了学员参加学习培训的动力。

The education and training work in Xinjiang is a social governance measure adopted by the government in accordance with the law, aimed at safeguarding the security of the lives of the people, and safeguarding the basic rights of citizens from violation. In the course of conducting education and training work, education and training centers strictly implement the provisions of the Constitution and laws, safeguarding the basic rights of trainees who participate in trainings from violation. Chinese law explicitly prohibits discriminatory conduct based on reasons including locality, ethnicity, and religion, and this provision is effectively executed in Xinjiang. The only standard used by education and training centers in choosing rescue targets is whether they have committed unlawful or criminal acts of terrorism or religious extremism, and is completely unrelated to the targets’ place of residence, ethnicity, or religion.

The personal freedoms of trainees throughout the learning process in education and training centers are safeguarded in accordance with the law. Education and training centers fully safeguard the personal dignity of trainees from violation, and strictly prohibit all manner of insulting or abusing trainees.

Education and training centers adopt a boarding system; trainees may visit home at designated times and request leave for cause, and trainees enjoy freedom of communication. In the education and training centers, the customs and practices of each ethnic group and the right to use one’s own ethnic spoken and written language are fully safeguarded, and trainees’ freedom of religion and faith, and the various needs of trainees’ spiritual and cultural lives are respected. Education and training centers are equipped with bilingual teachers, counselors, doctors, and logistical services management personnel, etc., to safeguard trainees’ daily life in normal learning.

To relieve the worries of trainees, Xinjiang’s authorities of all levels implement various preferential policies for all families of trainees equitably, including social security, education and medical services, and poverty alleviation, in order to assist trainees’ families in solving practical difficulties in production, daily life, and seeking employment, education, and medical services, thus strengthening trainees’ motivation to participate in education and training.

实践证明,新疆开展教培工作,有效消除了恐怖主义、宗教极端主义滋生蔓延的土壤和条件,切实保障了新疆各族人民的生命权、健康权和发展权,不仅使新疆实现了社会稳定,也有力维护了地区安全和稳定。这一做法,完全符合国际社会反恐、去极端化的基本精神和基本原则,完全符合世界各国人民的根本利益和要求。

The practice has proven that education and training work in Xinjiang has effectively eradicated the soil and conditions for the breeding and spread of terrorism and religious extremism, and effectively safeguarded the right to life, right to health, and right to development of the people of different ethnic groups in Xinjiang, not only leading to the realization of social stability in Xinjiang, but also forcefully maintaining the security and stability of the region. This method completely complies with the international community’s basic spirit of and basic principles on counterterrorism and de-extremification, and fully complies with the fundamental interests and demands of citizens of countries all over the world.

(一)关于所谓“停止对因刑事犯罪未经依法起诉、审判和定罪的个人,在任何法外拘留设施实施拘留”“立即释放目前属于这种情况被拘留的人,并允许受到错误羁押的人寻求补救”以及“提供过去五年里新疆维吾尔自治区所有法外拘留设施中违背本人意愿关押的人数”

(1)    Concerning the recommendations to “halt the practice of detaining individuals who have not been lawfully charged, tried and convicted for a criminal offence in any extralegal detention facility”; “immediately release individuals currently detained under these circumstances, and allow those wrongfully held to seek redress”; and “provide the number of persons held against their will in all extralegal detention facilities in the Xinjiang Uighur Autonomous Region in the past five years”

在包括新疆维吾尔自治区在内的中国领土范围内,不存在任何法外拘留设施及法外拘留情况。中国《刑事诉讼法》《国家赔偿法》等法律法规对刑事拘留作出严格规定,并赋予公民充分的救济权利。

There do not exist any extralegal detention facilities or any instances of extralegal detention within the borders of China’s territory, including the Xinjiang Uyghur Autonomous Region. Laws and regulations such as the Criminal Procedure Law and State Compensation Law of China have strict provisions on criminal detention and confer citizens full right to remedy.

一是严格规定刑事拘留的适用范围。刑事拘留是公安机关临时限制犯罪嫌疑人人身自由,收押于看守所的一种刑事强制措施。只有在《刑事诉讼法》规定的情形下,公安机关对现行犯或者重大嫌疑分子才可适用。

One is the strict regulation of the applicable scope of criminal detention. Criminal detention is a criminal compulsory measure by public security organs to temporarily restrict the personal freedom of a criminal suspect by keeping him in custody in a detention facility. It is only in situations specified in the Criminal Procedure Law that public security organs may apply [criminal detention] to apprehended criminals or important suspects.

二是严格规定刑事拘留的决定机关和执行机关。除公安机关依法享有决定和执行刑事拘留的权限以外,人民检察院在直接受理的案件中,有权作出拘留决定,由公安机关执行。

Two is the strict regulation on the decision-making organ and execution organ for criminal detentions. Aside from public security organs enjoying the authority to decide on and execute criminal detention in accordance with the law, people’s procuratorates also have the authority to make decisions on detention in the cases they have accepted, to be executed by public security organs.

三是严格规定刑事拘留的程序。公安机关依法需要拘留犯罪嫌疑人,由县级以上公安机关负责人批准签发《拘留证》。人民检察院决定拘留的案件,由检察长决定。除无法通知或者涉嫌危害国家安全犯罪、恐怖活动犯罪通知可能有碍侦查的情形以外,应当在拘留后二十四小时以内,通知被拘留人的家属。公安机关对被拘留的人,应当在拘留后的二十四小时以内进行讯问,在发现不应当拘留的时候,必须立即释放,发给释放证明。

Three is the strict regulation on the procedure of criminal detention. When a public security organ needs to detain a criminal suspect in accordance to the law, the head of the public security organ above county level approves and issues a detention warrant. For a case of criminal detention decided by a people’s procuratorate, the chief procurator makes the decision. With the exception of cases where there is no way to notify, or crimes involving endangering national security or terrorist activities where notification might obstruct the investigation, the family of the detained shall be notified within 24 hours. A public security organ shall conduct interrogation within 24 hours of detaining a person. When it is discovered that a person should not have been detained, he must be immediately released and given a proof of release.

四是赋予被刑事拘留人救济措施。中国《刑事诉讼法》保障被刑事拘留人的辩护权、申诉权和控告权。犯罪嫌疑人自被采取拘留措施之日起有权委托律师作为辩护人,因经济困难或其他原因没有委托辩护人的,本人及其近亲属可以向法律援助机构提出申请。犯罪嫌疑人及其律师有权为其申请变更强制措施,对司法机关及其工作人员有违法情形时提出申诉、控告等。《国家赔偿法》规定,违反刑事诉讼法的规定对公民采取拘留措施的,或者依照刑事诉讼法规定的条件和程序对公民采取拘留措施,但是拘留时间超过刑事诉讼法规定的时限,其后决定撤销案件、不起诉或者判决宣告无罪终止追究刑事责任的,受害人有取得国家赔偿的权利。

Four is the provision of remedial measures to persons under criminal detention. China’s Criminal Procedure Law protects a detainee’s right to defense, right to appeal, and right to file a lawsuit. Starting from the day of detention, a criminal suspect has the right to appoint a lawyer as his defender; in a case where the criminal suspect has not retained a defender because of economic hardship or other reasons, the criminal suspect and close relatives may apply to a legal aid institution. A criminal suspect and his lawyer have the right to apply for a change in the compulsory measures, and file appeals or lawsuits against judicial organs and their personnel for violation of the law.

The State Compensation Law provides that victims shall have the right to state compensation in cases of detention of citizens in violation of the Criminal Procedure Law, or cases of detention in accordance with the conditions and procedures provided in the Criminal Procedure Law but where the period of detention exceeds the limit under the Criminal Procedure Law and which cases are subsequently dismissed, where charges are dropped, or where innocence is declared at trial and criminal responsibility is not pursued.

刑事拘留有专门的羁押场所并受法律监督。《刑事诉讼法》第八十五条规定,“拘留后,应当立即将被拘留人送看守所羁押,至迟不得超过二十四小时。”《看守所条例》规定,看守所是羁押依法被逮捕、刑事拘留的犯罪嫌疑人的机关。根据国家法律对被羁押犯罪嫌疑人实行武警警戒看守,保障安全。看守所收押被拘留人,须凭送押机关持有的县级以上公安机关签发的刑事拘留证,没有凭证,或者凭证的记载与实际情况不符的,不予收押。看守所的监管活动受人民检察院的法律监督。

Criminal detention is conducted in specific detention facilities and is subjected to supervision by law. Article 85 of the Criminal Procedure Law provides: “After being detained, a detainee shall be immediately transferred to a detention facility within 24 hours.” The Regulations on Detention Facilities provides that detention facilities are organs for custody of criminal suspects arrested or under criminal detention in accordance with the law. Under national law, criminal suspects in custody are placed under the surveillance by armed police to ensure their safety. Detention facilities receive a detainee into custody on the basis of a criminal detention warrant presented by the escorted organ and is issued by a public security organ above the county level. Where there is no warrant or where the record of the warrant does not match the actual situation, detention is withheld. Detention facilities’ supervisory activities [of detainees] are under the legal supervision of people’s procuratorates.

(二)关于所谓的“以种族、族群和民族宗教划线的指称”

(2)    Concerning “allegations of racial, ethnic and ethno-religious profiling”

中国宪法和法律规定,中华人民共和国公民在法律面前一律平等。对任何人犯罪,在适用法律上一律平等,不分民族、种族、性别、职业、家庭出身、宗教信仰、教育程度、财产状况、居住期限,都应受到追究,并承担相应刑事责任,其诉讼权利和其他合法权益都同样受到国家法律保护,禁止任何形式的歧视。

China’s Constitution and laws provide that citizens of the People’s Republic of China are equal before the law. Anyone who commits a crime shall be equal in the application of the law, regardless of nationality, race, gender, occupation, family origin, religious belief, education level, property status, or residency period, and shall be investigated and bear the corresponding criminal responsibility. Litigation rights and other legitimate rights and interests are equally protected by national laws, prohibiting any form of discrimination.

(三)关于个人数据和信息的收集、分析和处理

(3)    Concerning the collection, analysis, and handling of personal data and information

中国依法保护公民个人信息和隐私。中国颁布了一系列法律法规、司法解释及国家标准,不断加大保护公民个人信息和打击侵犯公民个人信息行为的力度。

China protects citizens' personal information and privacy in accordance with the law. China has promulgated a series of laws and regulations, judicial interpretations, and national standards, and has continuously increased the efforts to protect citizens' personal information and fight against infringement of citizens' personal information.

在民事法律方面,《民法总则》第一百一十一条规定,“自然人的个人信息受法律保护。任何组织和个人需要获取他人个人信息的,应当依法取得并确保信息安全,不得非法收集、使用、加工、传输他人个人信息,不得非法买卖、提供或者公开他人个人信息。”

In terms of civil law, Article 111 of the General Principles of the Civil Law provides, “the personal information of natural persons is protected by law. Any organization or individual that needs to obtain personal information of others shall obtain and ensure the security of the information in accordance with the law, shall not illegally collect, use, process, or transmit personal information of others, and shall not illegally buy and sell, provide, or disclose personal information of others."

在刑事法律方面,2009年《刑法修正案(七)》增设出售、非法提供公民个人信息罪和非法获取公民个人信息罪,2015年《刑法修正案(九)》进一步予以完善,将两罪整合为侵犯公民个人信息罪,扩大了犯罪主体和侵犯个人信息的范围,并将该罪法定最高刑由三年有期徒刑提高到七年有期徒刑。2017年,最高人民法院、最高人民检察院联合发布《关于办理侵犯公民个人信息刑事案件适用法律若干问题的解释》,对“公民个人信息”的范围作出界定,明确了侵犯公民个人信息罪的定罪量刑标准。

In terms of criminal law, the 2009 Criminal Law Amendment (VII) added the crime of selling or illegally providing citizens’ personal information and the crime of illegally obtaining citizens’ personal information. The 2015 Criminal Law Amendment (IX) was further improved to integrate the two crimes into the crime of infringement of citizens’ personal information, expand the scope of criminal subjects and infringement of personal information, and increase the maximum penalty for the crime from three years’ imprisonment to seven years’ imprisonment. In 2017, the Supreme People's Court and the Supreme People's Procuratorate jointly issued the Interpretation of Several Issues Concerning the Application of Laws in Handling Criminal Cases Involving Infringement of Citizens' Personal Information," defining the scope of "citizen's personal information" and clarifying the standards of conviction and punishment for the crime of infringement of citizens' personal information.

在个人信息安全治理方面,2016年《网络安全法》把个人信息保护作为一项重要制度,全面系统地对收集、使用个人信息作出规定,强化个人信息收集、个人信息使用主体的保护责任。全国信息安全标准化技术委员会于2017年发布的《个人信息安全规范》适用于各类组织个人信息处理活动,它针对个人信息面临的安全问题,规范个人信息控制者在收集、保存、使用、共享、转让、公开披露等信息处理环节中的相关行为,重在遏制个人信息非法收集、滥用、泄露等问题,最大程度地保障个人的合法权益和社会公共利益。

In terms of personal information security governance, the 2016 Cybersecurity Law regards personal information protection as an important system, comprehensively and systematically regulates the collection and use of personal information, and strengthens the protection responsibility assumed by the subject in the collection and use of personal information. The Personal Information Security Specification issued by the National Information Security Standardization Technical Committee in 2017 applies to various organizations’ activities in processing personal information. It targets the security issues of personal information, and regulates the relevant behaviors in the information processing links such as collection, preservation, use, sharing, transfer, and public disclosure, focusing on curbing problems including the illegal collection, abuse, and disclosure of personal information, and maximally protecting the legitimate rights and interests of the individual’s and the public’s interest.

(四)关于所谓“对少数民族人员造成格外影响的旅行限制”

(4)    Concerning “travel restrictions that disproportionately affect members of ethnic minorities”

中国政府保护每一位公民出境入境合法权益。中国公民出境入境,应当依法申请办理护照或者其他旅行证件。《护照法》《出境入境管理法》等法律法规对中国公民申领护照、出入境等作出了详细规定,明确护照签发机关不予签发护照以及不准中国公民出境的情形,同时赋予相关人员救济措施。如《护照法》第六条规定,不符合规定不予签发护照的,公安机关出入境管理机构应当书面说明理由,并告知申请人享有依法申请行政复议或者提起行政诉讼的权利。

The Chinese government protects the legitimate rights and interests of every citizen in exiting and entry into [China’s] territory. Chinese citizens who enter into or exit [China’s] territory shall apply for passports or other travel documents in accordance with the law. The Passport Law, the Exit and Entry Administration Law, and other laws and regulations have detailed provisions for Chinese citizens’ application for and obtaining of passports, and exit and entry, etc., that clarify circumstances where passport issuing authorities not issuing passports and not allowing Chinese citizens to exit [China’s] territory, and at the same time entitle relevant individuals to remedial measures. For example, Article 6 of the Passport Law provides that if a passport is not issued in accordance with the provisions, the entry and exit administration of the public security organ shall explain the reasons in writing and inform the applicant of the right to apply for administrative reconsideration or file an administrative lawsuit in accordance with the law.

(五)关于公布所谓“过去五年里根据缔约国的要求遣返中国的维吾尔族学生、难民和寻求庇护者目前所在何处和他们的情况”等

(5)    Concerning the disclosure of “the current location and status of Uighur students, refugees and asylum seekers who returned to China pursuant to a demand made by the State party in the past five years,” etc.

近年来,受境外“东突”恐怖组织蛊惑煽动,中国境内人员非法出境参加“圣战”情况突出。这些人多是受宗教极端主义迷惑侵蚀,被境外“东突”恐怖组织蒙蔽裹胁而非法出境,对中国及有关国家的安全和边境管理秩序构成了很大威胁。对此,中国执法部门依法与相关国家开展国际执法合作,稳妥有序开展引渡或遣返工作,并区分不同情况作出处理。对受宗教极端主义蛊惑影响、被蒙蔽裹胁的人员,做好安置帮扶、教育转化;对涉嫌出境参加恐怖组织或负案在逃人员依法严厉惩处。对被引渡或遣返回国人员,中国政府依法处理并保障其合法权利。

In recent years, the situation of individuals in China deluded and incited by "East Turkistan" terrorist organizations outside the country and illegally exiting the country to participate in "jihad" is acute. Most of these individuals came under the spell of and are corroded by religious extremism, or are hoodwinked and coerced by "East Turkistan" terrorist organizations outside the country to illegally exit the country, posing a great threat to the security and border management order of China and that of relevant countries. In this regard, Chinese law enforcement departments have carried out international law enforcement cooperation with relevant countries in accordance with the law, carried out extradition or repatriation work in a safe and orderly manner, and differentiated among situations before handling them. For those who are deluded and influenced by religious extremism or those who are hoodwinked and coerced, resettlement assistance and education transformation are conducted well. Those who are suspected of exiting the country to join terrorist organizations or those who are at large are harshly punished in accordance with the law. The Chinese government handles, in accordance with the law, those who are extradited or repatriated and safeguards their legitimate rights.

三、关于“提供有关促进和任何限制使用少数民族语言的信息”

III. Concerning “providing information regarding the promotion of, and any restrictions on the use of, ethnic minority languages”

中国政府依法保障少数民族使用和发展本民族语言文字的自由。包括《宪法》《民族区域自治法》《教育法》《国家通用语言文字法》在内,中国已有近40部法律法规对少数民族使用和发展自己的语言文字作出规定。政府保障少数民族语言文字在行政司法、新闻出版、广播影视、文化教育等各领域的合法使用。在中国共产党全国代表大会、全国人民代表大会和中国人民政治协商会议等重要会议上都提供蒙古、藏、维吾尔、哈萨克、朝鲜、彝、壮等民族语言文字的文件和同声传译。加强地区广播电视基础设施建设,在青海、新疆、西藏等边疆民族地区将广播电视公共服务重点工程的实施纳入国家精准扶贫战略,大力推进广播电视服务进村入户。交通困难、信息闭塞的边远山区和边境地区农牧民群众通过直播卫星接收设备都能收看收听到50多套高质量、清晰的广播电视节目。2017年,全国少数民族语言广播、电视节目制作译制时间分别达到约12.2万小时、4.2万小时;全国11个少数民族语言节目译制中心共完成1104部次影片的民族语译制工作,订购译制完成影片累计超过21万场。民族语言节目类型日趋丰富,中央电台5种少数民族语言广播《全国新闻联播》节目上线播出。各译制中心也通过升级节目译制硬件设施、举办培训班、与社会机构合作等多种方式,开展对民族语言类节目译制人才的培养工作。

The Chinese government safeguards the freedom of ethnic minorities to use and develop their own spoken and written languages. Including the Constitution, the Law on Regional National Autonomy, the Education Law, and the Law on the Standard Spoken and Written Language, nearly 40 laws and regulations in China regulate ethnic minorities’ use and development of their own written and spoken languages. The government safeguards the lawful use of ethnic minority languages in areas including administration and justice; press and publication; radio, film and television; and culture and education. Documents in and simultaneous interpretation of Mongolian, Tibetan, Uyghur, Kazakh, Korean, Yi, Zhuang and other ethnic languages are provided at important meetings such as the National Congress of the Communist Party of China, the National People's Congress, and the Chinese People's Political Consultative Conference. [The government] strengthens the construction of regional radio and television infrastructure, incorporates the implementation of key radio and television public service projects into the national targeted poverty alleviation strategy in frontier ethnic areas such as Qinghai, Xinjiang, and Tibet, and vigorously promotes [the reach of] radio and television services into villages and homes. Farmers and herdsmen in remote mountainous areas and border areas with traffic difficulties and information blockage can watch more than 50 high-quality and clear radio and television programs through live satellite reception equipment.

In 2017, the national ethnic minority language radio and television program production and translation time totaled about 122,000 hours and 42,000 hours, respectively. The 11 ethnic minority language program translation centers nationwide have completed the minority language translation of 1,104 films, and the number of orders of films with completed translations has exceeded 210,000.

The types of ethnic language programs are becoming more abundant day by day, and the National News Network with five ethnic minority languages are broadcast by the Central Radio Station.

The translation centers also carry out training of talents in translation of ethnic languages by many methods, including upgrading program translation hardware facilities, holding training courses, and cooperating with social institutions.

中国政府高度重视藏语文的学习、使用和发展,切实保障藏民族使用和发展本民族文字的自由。目前,西藏自治区和各藏族自治地方,所有的法规、决议、正式文件以及报刊、广播、电视都使用藏汉两种语言文字,西藏已经建立起从幼儿园到大学完整的教育体系,藏语教学得到保障。西藏自治区每年出版发行的藏文图书都在100种以上,发行数十万册。人民法院还通过西藏拉萨市、甘肃甘南藏族自治州舟曲县等培训基地,培养藏汉双语法官,人民检察院在西藏林芝设立了全国检察机关藏汉双语培训基地,培养藏汉双语检察官,为藏族公民使用本民族语言文字进行诉讼提供更多便利。同时,藏语文已步入信息化时代,藏文字符编码已通过国家标准和国际标准,成为中国第一个具有国际标准的少数民族文字,藏文已成为广受欢迎的互联网交流语言。

The Chinese government attaches great importance to the study, use, and development of the Tibetan spoken and written language, and effectively safeguards the freedom of the Tibetan people to use and develop their own language. Currently, in the Tibet Autonomous Region and all Tibetan autonomous localities, all regulations, resolutions, official documents, and newspaper publications, broadcasts, and television use both Tibetan and Han languages. Tibet has already established a complete education system from kindergarten to university, Tibetan language teaching is safeguarded. The Tibet Autonomous Region publishes and distributes over 100 kinds of books in the Tibetan language each year, with several hundred thousand copies distributed. The people's courts train Tibetan-Han bilingual judges through training bases, including in Lhasa in Tibet and Zhouqu County in Gansu's Gannan Tibetan Autonomous Prefecture; the people's procuratorates train Tibetan-Han bilingual procurators in a national procuratorial organ language training base established in Nyinchi [Prefecture] in Tibet, providing more convenience for citizens of Tibetan ethnicity in using their own ethnic spoken and written language in litigation. At the same time, the Tibetan language has entered the age of informatization, the encoding of Tibetan characters has met the national and international standards, and the Tibetan language is the first ethnic minority language in China attaining international standards and has become a widely popular language for interaction on the Internet.

综上,中国政府希望以上答复材料能有助于委员会更加全面客观地认识中国政府在消除种族歧视领域所做的努力和取得的进展,中国政府也愿继续在平等和相互尊重的基础上与委员会开展合作与交流,不断提升少数民族享受各项人权的水平。

In summary, the Chinese government hopes the response materials provided above can assist the Committee to more comprehensively and objectively understand the Chinese government's efforts and progress in eliminating racial discrimination. The Chinese government is also willing to continue cooperation and engagement with the Committee on the basis of equality and mutual respect, and continue to improve the levels of ethnic minorities’ enjoyment of various human rights.

Related Resources

Combined Fourteenth, Fifteenth, Sixteenth, and Seventeenth Review (2018)

  • Chinese Government’s Follow-up Response to the Concluding Observations of the UN Committee on the Elimination of Racial Discrimination (October 8, 2019): EN, CH
  • Concluding observations on the combined fourteenth to seventeenth periodic reports of China (including Hong Kong, China and Macao, China)(2018): EN, CH
  • (Video) Consideration of China - 2654th Meeting 96th Session Committee on Elimination of Racial Discrimination (August 2018)
  • List of themes by the country rapporteur in relation to the combined fourteenth to seventeenth periodic reports of China (2018): EN
  • HRIC parallel submission in advance of the review of PRC’s fourteenth, fifteenth, sixteenth, and seventeenth periodic reports (2018): EN
  • China’s combined fourteenth, fifteenth, sixteenth, and seventeenth periodic reports (2017): EN, CH
  • List of themes by the country rapporteur in relation to the combined fourteenth to seventeenth periodic reports of China (2018): EN
  • HRIC parallel submission in advance of the review of PRC’s fourteenth, fifteenth, sixteenth, and seventeenth periodic reports (2018): EN
  • China’s combined fourteenth, fifteenth, sixteenth, and seventeenth periodic reports (2017): EN, CH

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