SCIO briefing on National Human Rights Action Plan of China (2021-2025)
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E-mail China.org.cn, September 17, 2021
CRI:
We have seen that since the 18th National Congress of the Communist Party of China (CPC), China has made positive progress in protecting citizens' environmental rights and promoting ecological environmental legislation. What are the plans for the next step? Thanks.
Bie Tao:
Thank you for your concern about the environmental rule of law, especially environmental legislation. Protecting citizens' environmental rights has always been one of the legislative goals and purposes of the highest organ of state power. Since the 18th CPC National Congress, the Ministry of Ecology and Environment has earnestly studied and implemented Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era, Xi Jinping Thought on Ecological Civilization, and Xi Jinping Thought on the Rule of Law. In accordance with General Secretary Xi Jinping's important instructions on ‘preventing pollution in accordance with the laws,' we have made every effort to promote the establishment of an eco-environmental legal system. The legislative work on the eco-environment has been more vigorous than ever before, and richer fruits have been yielded. Thirteen laws have been formulated and revised, including the environmental protection law, the law on the prevention and control of atmospheric pollution, the law on soil pollution prevention and control, the law on nuclear safety, the law on prevention and control of environmental pollution by solid waste, and the Yangtze river conservation law, etc. Thirteen administrative regulations have also been formulated and revised, including the regulation on urban drainage and sewage treatment, regulations on the prevention and control of pollution caused by large-scale breeding of livestock and poultry, and the regulation on administration of pollutant discharge permits. Until now, ecological and environmental authorities have acted as the main law enforcement departments in 15 laws, accounting for about one-twentieth of the total number of laws currently in force. In addition, there have been more than 20 laws on resource development and utilization, more than 30 administrative laws and regulations on the ecological environment, and more than 40 intra-Party regulations closely related to ecological environment protection. Overall, the legal framework for ecological environment protection has basically taken shape, which provides laws to abide by in all areas of ecological and environmental protection.
Protecting citizens' environmental rights has always been an important part of China's environmental legislation. The Environmental Impact Assessment Law enacted in 2002 has clearly stated that if special plans may cause adverse environmental impacts and directly involve the public's environmental rights, demonstration meetings and hearings shall be held or other forms taken to solicit the opinions from related units, experts, and the public on the draft report on environmental impacts. A special chapter on 'information disclosure and public participation' was added to the revised Environmental Protection Law in 2014 which is clear that citizens, legal persons, and other organizations, have the right to obtain environmental information, participate in, and supervise environmental protection in accordance with the law.
Overall, in recent years, the environmental protection laws and regulations that we formulated and revised have contributed greatly to improving the supervision system, strengthening government responsibilities, imposing higher penalties for violations, and promoting public participation. Hence, some prominent problems have been resolved. Shortcomings in the system of environmental protection laws, however, remain a salient problem, such as gaps in some legislation related to fighting climate change, environment monitoring, and the management of dangerous chemicals. Moreover, there are overlapping supervisory mechanisms, and more efforts are required to punish violations, improve the legal system to restrain government behaviors, and enhance the legal system for the public supervision of environmental protection. Establishing a framework of environmental laws and regulations that meets the needs of modernizing China's system and capacity for governance is an arduous task.
During the 14th Five-Year Plan period (2021-2025), the Ministry of Ecology and Environment will continue to thoroughly implement Xi Jinping Thought on Ecological Civilization and Xi Jinping Thought on the Rule of Law, and further enhance the legislative work on the eco-environment, so as to provide more comprehensive and effective legal protection for the country in its battle against pollution. We will focus on the following aspects:
First, we will strengthen legislature in key areas to integrate systems and fill gaps. China will improve its eco-environmental legal system in line with the goal of building a beautiful China. It will formulate and revise laws and regulations on Yellow River protection, noise pollution prevention and control, marine environmental protection, environmental impact evaluation, fighting climate change, and eco-environmental monitoring. We will push forward the construction of China's legal system in the area of ecological reform, and enhance legislative work in areas like eco-environmental damage compensation, nature reserves, ecological red lines and an environmental protection credit rating system, to ensure major reforms are implemented effectively and in accordance with the law.
Second, we will push forward research and discussions on the codification of environmental laws. According to its annual legislative agenda for 2021, China's top legislature will explore the possibility of initiating the codification of environmental laws, which meets the requirements of fully implementing Xi Jinping Thought on Ecological Civilization and Xi Jinping Thought on the Rule of Law and supports the top-level design to improve environmental protection. The Ministry of Ecology and Environment will work with legislative bodies in fully promoting research and discussions on the codification of environmental laws, strengthening connections and coordination, and reducing overlap among different laws and regulations, so as to establish an eco-environmental protection law system featuring strict prevention at the sources of pollution, strict regulation of operations, and accountability for those responsible, and to modernize China's environmental protection system and capacity for governance.
Third, we will learn from the successful experience of legislation for protecting the eco-environment and step up efforts in four aspects. We will enforce the best institutional arrangements and implement the strictest rule of law to protect the eco-environment. We will establish a supervision system on eco-environment by taking a fact-based approach, abiding by the objective laws and based on national conditions. We will stick to the new development philosophy, so as to properly handle relations between eco-environmental protection and socioeconomic development, and win the fight against pollution. We will focus on improving the environment, and establish a legal system for improving the environment.
Fourth, we will strictly implement the instructions of General Secretary Xi Jinping on toughening punishments for ecological and environmental violations, further strengthen the punishment of illegal acts related to ecological and environmental protection, including those concerning administrative, criminal and civil liabilities. In particular, we should clearly identify the key targets for the crackdown, including the malicious act of illegally discharging pollutants, which damages the public's environmental rights and interests and threatens public health. Our theme today is human rights protection. Maliciously discharging waste disregards and damages the public's environmental rights and interests as well as public environmental health for the private gain of a small group. It is unfair, immoral, and of course illegal. From the perspective of human rights, such malicious acts harm the rights to subsistence and development, as well as health and personal rights. Therefore, malicious illegal acts are key targets of our crackdown efforts. In addition, the discharge of heavy metals, medical waste and industrial hazardous waste, which directly harms human health, soil, air and drinking water, has also been the focus of the crackdown. Furthermore, we will work with relevant departments, including the forestry and grassland departments, to strengthen the crackdown on the illegal hunting of wild animals, illegal fishing of aquatic creatures and other illegal activities, which are also key targets of the crackdown. After the Yangtze River Protection Law came into effect, the major measure of a 10-year fishing ban in key areas of the Yangtze River was taken with great determination. General Secretary Xi Jinping said that the Yangtze River had got sick. An important manifestation was that some parts had no fish left. As a result, the central authorities decided to ban fishing for 10 years. In particular, this move will involve finding other ways of making a living, proper resettlement and providing government subsidies for the hundreds of thousands of fishermen and their families who rely on the river to earn a living. In this case, both illegal fishing and illegal hunting are the key crackdown targets.
Recently, an event related to ecological and environmental protection has received widespread attention. A herd of elephants travelled hundreds, if not thousands of kilometers, to the southern part of Kunming city, the capital of Yunnan province. While attracting quite a lot attention, the wandering elephants were also effectively protected along the way. People opened up paths for them, helped them find their way, and provided food supplies along their journey. These behaviors were very heartwarming. Local governments, conservation volunteers and non-governmental organizations all played positive roles in this regard. The elephants recently returned to their natural habitat. This event has become a vivid example of China's biodiversity conservation efforts and represents an interesting side note for the 15th meeting of the Conference of the Parties to the UN Convention on Biological Diversity (COP15) which will soon kick off in Kunming. We are very proud of this achievement. These are China's legislative efforts and practices on biodiversity conservation, which will also become a focus of our work in the future. Thank you.
Xing Huina:
Today's briefing is hereby concluded. Thank you to all four speakers and friends from the media. Goodbye.
Translated and edited by Wang Yiming, Wang Qian, Zhu Bochen, Yuan Fang, Xu Xiaoxuan, Huang Shan, Lin Liyao, Chen Xia, Guo Yiming, Liu Qiang, Qin Qi, Yang Xi, Zhang Rui, Xiang Bin, Wang Wei, Yan Xiaoqing, Wang Yanfang, Ma Yujia, He Shan, Zhang Junmian, David Ball, Jay Birbeck, Tom Arnstein. In case of any discrepancy between the English and Chinese texts, the Chinese version is deemed to prevail.
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