China: CERD Finds Urban Discrimination

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China: CERD Finds Urban Discrimination
By: HIC-HLRN
28 August 2009
 

The Committee on the Elimination of Racial Discrimination (CERD), the UN body monitoring state compliance with the International Convention on the Elimination of All Forms of Racial Discrimination, has issued its observations today, following its review of the People`s Republic of China. CERD has found patterns of discrimination affecting rights to housing and shelter of "minority" populations, internal migrants and asylum seekers.

The Committee found that China`s official system of incentives granted to Han Chinese to work and settle in the autonomous minority regions, particularly Tibet and the Uighur Autonomous Region (Xinjiang/East Turkestan) manipulate the demography of those regions to the disadvantage of the indigenous people. CERD observed that such policy "may result in substantive changes in the demographic composition that impact negatively on local traditions and cultures in these regions" (CERD/C/CHN/CO/10–13, para. 13).

These actions by the State party contravene obligations provided in articles 2 and 5 of the Convention, as CERD also found to be the case in its 1996 observations (CERD/C/304/Add.15, para. 26).

The Committee noted the de facto discrimination against internal migrants in several fields that indirectly results from the national household registration system ("hukou"). The denial of services and rights also affects members of ethnic minorities, and in particular women. CERD has recommended that the State party implement reforms to the "hukou" system such that ensures that internal migrants, in particular members of ethnic minorities, will be able to enjoy the same work, social security, health and education benefits as long-time urban residents (CERD/C/CHN/CO/10–13, para. 14).

CERD also noted China`s violations of its obligations to apply the principle of nonrefoulement of refugees and asylum seekers, instead forcing the return of asylum seekers to their peril. This, the Committee observed, has been the case systematically affecting refugees from the Democratic People`s Republic of Korea seeking asylum in China.

Although the PRC Constitution stipulates that all ethnic groups in the country are equal, no legislation provides a definition of racial discrimination nor prohibits discrimination on the basis of descent or national origin. CERD reiterated its call for China to legislate the prohibition of racial discrimination, especially to protect noncitizens (CERD/C/CHN/CO/10–13, para. 10).

The CERD Concluding Observations on are accessible at: http://www.hlrn.org/admins/editdocument.asp?id=242

Themes
• Access to natural resources
• Access to natural resources
• Access to natural resources
• Accompanying social processes
• Accompanying social processes
• Adverse possession
• Advocacy
• Advocacy
• Advocacy
• Architecture
• Architecture
• Armed / ethnic conflict
• Armed / ethnic conflict
• Basic services
• Basic services
• Basic services
• Children
• Children
• Commodification
• Commodification
• Cultural Heritage
• Cultural Heritage
• Demographic manipulation
• Destruction of habitat
• Destruction of habitat
• Destruction of habitat
• Disability
• Disability
• Disaster mitigation
• Disaster mitigation
• Discrimination
• Discrimination
• Discrimination
• Displaced
• Displaced
• Displaced
• Displacement
• Displacement
• Displacement
• Dispossession
• Dispossession
• Dispossession
• Education
• Education
• Elderly
• Elderly
• Energy
• Energy
• Epidemics, diseases
• Epidemics, diseases
• ESC rights
• ESC rights
• ESC rights
• Extraterritorial obligations
• Extraterritorial obligations
• Fact finding mission/field research
• Farmers/Peasants
• Financialization
• Financialization
• Financialization
• Food (rights, sovereignty, crisis)
• Food (rights, sovereignty, crisis)
• Forced evictions
• Forced evictions
• Forced evictions
• Gentrification
• Gentrification
• Health
• Health
• Historic heritage sites
• Historic heritage sites
• Homeless
• Homeless
• Homeless
• Housing crisis
• Housing rights
• Housing rights
• Housing rights
• Human rights
• Human rights
• Human rights
• Immigrants
• Immigrants
• Indigenous peoples
• Indigenous peoples
• Informal settlements
• Internal migrants
• Internal migrants
• Internal migrants
• Land rights
• Landless
• Legal frameworks
• Legal frameworks
• Legal frameworks
• Livelihoods
• Local Governance
• Local Governance
• Local Governance
• Low income
• Norms and standards
• Norms and standards
• Norms and standards
• Property rights
• Public policies
• Public policies
• Public policies
• Public programs and budgets
• Public programs and budgets
• Public programs and budgets
• Refugees
• Refugees
• Religious
• Religious
• Reparations / restitution of rights
• Research
• Research
• Right to the city
• Right to the city
• Security of tenure
• Security of tenure
• Security of tenure
• Stateless
• Stateless
• Subsidies
• Subsidies
• Temporary shelter
• Temporary shelter
• Tenants
• Tenants
• UN system
• UN system
• UN system
• Unemployed
• Unemployed
• Urban planning
• Urban planning
• Water&sanitation
• Water&sanitation
• Women
• Women
• Youth
• Youth

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