E/C.12/CHN/CO/2
projects in more than 120 developing countries, the Committee is concerned that some of
those projects have reportedly resulted in violations of economic, social and cultural rights
in the receiving countries (arts. 2 and 11).
The Committee calls upon the State party to adopt a human rights-based approach to
its policies of international cooperation, by:
(a)
Undertaking a systematic and independent human rights impact
assessment prior to making funding decisions;
(b)
Establishing an effective monitoring mechanism to regularly assess the
human rights impact of its policies and projects in the receiving countries and to take
remedial measures when required;
(c)
Ensuring that there is an accessible complaint mechanism for violations
of economic, social and cultural rights in the receiving countries.
Business and economic, social and cultural rights
13.
The Committee is concerned about the lack of adequate and effective measures
adopted by the State party to ensure that Chinese companies, both State-owned and private,
respect economic, social and cultural rights, including when operating abroad (art. 2,
para. 1).
The Committee recommends that the State party:
(a)
Establish a clear regulatory framework for companies operating in the
State party to ensure that their activities promote and do not negatively affect the
enjoyment of economic, social and cultural human rights;
(b)
Adopt appropriate legislative and administrative measures to ensure the
legal liability of companies and their subsidiaries operating in or managed from the
State party’s territory regarding violations of economic, social and cultural rights in
the context of their projects abroad.
The Committee draws the attention of the State party to its statement on the
obligations of States parties regarding the corporate sector and economic, social and
cultural rights (E/2012/22, annex VI, sect. A).
Non-discrimination
14.
Despite the incorporation of the principle of non-discrimination in the State party’s
Constitution and in other laws, the Committee regrets that the State party does not have a
comprehensive anti-discrimination law that protects all marginalized and disadvantaged
individuals and groups in their enjoyment of economic, social and cultural rights.
Furthermore, the Committee is concerned about the persistent and widespread
discrimination against ethnic minorities, particularly in the western provinces and regions,
especially in the fields of employment, social security, housing, health and education, in
spite of efforts taken by the State party (art. 2.2).
The Committee urges the State party to take all necessary measures to adopt
comprehensive anti-discrimination legislation in line with article 2, paragraph 2, of
the Covenant. The Committee recommends that the State party strengthen its efforts
to combat all forms of discrimination against ethnic minorities, particularly in the
western provinces and regions, and to ensure their enjoyment of all economic, social
and cultural rights, including legal work, social security, adequate housing, public
health care, and education. In this regard, the Committee draws the State party’s
attention to its general comment No. 20 (2009) on non-discrimination in economic,
social and cultural rights.
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