E/C.12/CHN/CO/2
Domestic applicability of the Covenant
9.
The Committee remains concerned that, despite the efforts made by the State party
to harmonize the domestic legislation with the Covenant, not all the provisions thereof have
been incorporated into domestic legislation and are therefore not directly applicable by
national courts and tribunals.
The Committee recommends that the State party guarantee the direct applicability of
all rights under the Covenant in its domestic legal order. The Committee also
recommends that the State party raise awareness of the content of the Covenant rights
and their justiciability, in particular among judges, lawyers and law enforcement
officials, as well as the members of the National People’s Congress and other actors
responsible for the implementation of the Covenant, and among rights holders. The
Committee also draws the State party’s attention to its general comment No. 9 (1998)
on the domestic application of the Covenant.
Independence of the judiciary
10.
The Committee is concerned about reports of basic gaps in the independence of the
judiciary in the State party. The Committee is also concerned about the lack of adequate
training on human rights, including economic, social and cultural rights, for judges, lawyers
and law enforcement officers.
The Committee urges the State party to take all necessary legislative and
administrative measures to guarantee the full independence and impartiality of the
judiciary. The Committee recommends that the State party provide systematic
training to judges, lawyers and law enforcement personnel on all human rights,
including economic, social and cultural rights.
Corruption
11.
While taking note of the State party’s efforts to combat corruption, the Committee
remains concerned about the prevalent and widespread corruption in the State party, which
has a negative impact on the realization of economic, social and cultural rights, particularly
at the provincial and municipal levels (art. 2, para. 1).
The Committee recommends that the State party:
(a)
Enact domestic legislation to incorporate the United Nations Convention
against Corruption, ratified by the State party in 2006;
(b)
Ensure that public affairs, in law and in practice, are conducted in a
transparent manner;
(c)
Step up awareness-raising campaigns for members and officials of the
National People’s Congress, the State Council, the local people’s congresses and
people’s governments, at all levels, as well as the organs of self-government of the
national autonomous areas, on the economic and social costs of corruption, and
emphasize the need for the strict application of anti-corruption legislation by judges,
prosecutors and law enforcement officers;
(d)
Undertake independent and impartial investigations into all cases of
corruption, no matter whether small or systemic, and hold those responsible
accountable.
International cooperation
12.
While the Committee welcomes the fact that, in the framework of international
cooperation, the State party has provided economic and technical assistance to over 2,100
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