China's legislature Wednesday ratified a key document expected to improve human rights for Chinese people, but placed reservations on the internationally-accepted right to establish independent trade unions.
The UN International Covenant on Economic, Social and Cultural Rights was passed by the Standing Committee of the National People's Congress, state news agency Xinhua said, a day after UN High Commissioner for Human Rights Mary Robinson ended a two-day visit.
Robinson had urged the Chinese parliament to ratify the covenant without reservations on Article Eight of the treaty which pertains to the establishment of free trade unions.
"The Chinese government will assume the obligations prescribed in Item I(a) of Article Eight of the convention in line with relevant provisions of China's constitution, trade union law and labor law," said Xinhua, citing a statement by the legislature.
Sophia Woodman, Asia director for the New York-based Human Rights In China, welcomed ratification of the document, saying it would improve China's human rights situation, but was disappointed at Beijing's reservation on the trade union provisions.
China's trade union law explicitly states that there is only one legal trade union in China, the All China Federation of Trade Unions, and any other trade union is unlawful, she said.
"We are very disappointed that they haven't accepted this important right that is one of the core standards of the international labor movement," Woodman said.
But Woodman said the document would provide the people of China with a tool to hold the government accountable for the protection of internationally recognized rights.
Han Dongfang, jailed following the 1989 Tiananmen democracy protests for establishing an independent trade union, praised the Chinese government for ratifying the covenant but was doubtful the government would live up to its commitments.
"They say they agree with and will abide by Article Eight and this is good, but what I'm worried about is what will happen when workers actually try to do this," Han told AFP.
"If you look at the record of what the communist party has done, then you will see that anyone who threatens the party's power can be punished in accordance with state security laws," he said from Hong Kong.
Han said workers were facing increasing difficulties as ongoing economic reforms resulted in huge layoffs and as the party has shown little interest in protecting workers' rights.
"With or without this covenant, I believe that Chinese workers are going to stand up and demand their legitimate rights," Han said, "but they face being thrown in jail for harming state security or disturbing public order."
The treaty, which was adopted by the UN in 1966, was signed by China in 1997 and parliament has debated it three times since.
Zeng Jianhui, chairman of parliament's foreign affairs committee, told Xinhua China had actually been speedy in its ratification compared with other countries.
"Britain spent eight years, Italy 11 years and Belgium 15 years," he said accordring to the agency. "The United States, however, has not yet ratified the covenant though it has signed it 24 years ago."
The government says it intends to ratify the UN Covenant on Civil and Political Rights, signed in 1998, but ratification could be years away.
With Wednesday's ratification of the social covenant the Chinese government must report annually to the UN on its implementation, while UN rapporteurs will also monitor the implementation with the aid of specific appeals that may be sent directly to the UN by individual Chinese.
The covenant provides all people with the right to self-determination, which means they can freely determine their political status and pursue their economic, social and cultural development.
It also provides for equality for women, safe and healthy working conditions and equal opportunities in terms of promotion in employment, with only seniority and competence to be considered – BEIJING (AFP)
© 2001 Al Bawaba (www.albawaba.com)
