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Foreword
The year 2003 was an important and
unusual year for China's development. It was also a year of great,
landmark significance for progress in human rights in the country. In
2003, the Chinese government did a good job in tackling the sudden
outbreak of SARS and curbing its spread, as well as in tackling frequent
natural disasters. Persisting in taking economic construction as its
central task, and striving for the coordinated development of material,
political and spiritual civilizations, it achieved new breakthroughs in
its reform, opening-up and modernization efforts. China maintained
political stability, and achieved rapid economic growth and overall social
progress. Moreover, further improvements were witnessed in the people's
living standards and new progress was made in human rights
cause.
The Chinese government gives top priority to the
people's life and health and basic human rights. Adopting the attitude of
holding itself accountable to the people, acting in their interests and
accepting their supervision, the Chinese government has formulated the
principles of government, that is, "governing the country for the people,"
and "using the power for the people, sharing the feelings of the people
and working for the interests of the people."
It has put forward the scientific view of
development characterized by putting people first and promoting the
progress of society and overall development of the people. It has
established the concept of governing the country by guaranteeing the
implementation of the Constitution, establishing a government under the
rule of law and creating political civilization.
In practice, it has adopted a series of
distinctively epochal measures for respecting and safeguarding human
rights. It has made great efforts to acquaint itself with the feelings of
the people, to reflect such feelings, to reduce the people's burdens and
practice democracy. These efforts have markedly improved China's human
rights conditions and won universal acknowledgement from the international
community.
In 2003 the Central Committee of the Communist
Party of China (CPC) proposed amendments to the current Constitution by
adding the provision that "the state respects and safeguards human
rights," among others. Not long ago, the Second Session of the Tenth
National People's Congress (NPC) examined and adopted the amendments to
the Constitution.
The added contents include stipulations on
promoting the coordinated development of material, political and spiritual
civilizations, establishing and improving the social security system, and
respecting and safeguarding human rights. The amendments also include
improvements to the land requisition system and the system for the
protection of citizens' lawful private property, fully demonstrating that
revisions to the Constitution are made to benefit the people and guarantee
human rights.
Of particular importance is the formal addition,
for the first time ever, of "the state respects and safeguards human
rights" to the fundamental law of the state, indicating that respecting
and safeguarding human rights has been upgraded from the level of Party
and government policy and stand to the level of a constitutional
principle, from an idea and value of the Party and government regarding
its governance and administration to an idea and value inherent in state
construction, thus further confirming the prominent status of human rights
protection in China's legal system and state development strategy and
opening wider prospects for the overall development of China's human
rights cause.
Despite the fact that China has made great efforts
to promote and safeguard human rights, there is still much room for
improvement of the human rights conditions, as China is a developing
country with a big population and natural, historical, development-level
and other limitations. The Chinese government attaches great importance to
existing problems, and will continue to take active and effective measures
to steadily improve China's human rights conditions and earnestly raise
the level of human rights enjoyed by the Chinese people.
To help the international community toward a better
understanding of the human rights situation in China, we hereby give an
overview of the developments in the field of human rights in China in
2003.
I. The People's
Rights to Subsistence and Development
In 2003 China's
economy observed a rapid and healthy growth, and the people's rights to
subsistence and development were further improved. Over the past year the
country's gross domestic product (GDP) reached 11,669.4 billion yuan, an
increase of 9.1 percent over the previous year. Calculated at the current
rate of exchange, the GDP per capita surpassed US$1,000 for the first
time, a major step up.
The general living standard of the people continued
to rise. In 2003 the per-capita disposable income of urban residents was
8,472 yuan, an increase, in real terms, of 9 percent over the previous
year after deduction for inflation. The net per-capita income for rural
residents was 2,622 yuan, an increase of 4.3 percent in real terms.
The consumption pattern of the society showed that
it was gradually changing from one of basic living to one of modern
living. In 2003 China's retail sales of consumer goods totaled 4,584.2
billion yuan-worth, an increase of 9.1 percent over the previous year. The
proportion of urban and rural residents' expenditure on clothing, food and
other daily necessities kept declining, while the proportion of their
expenditure on high-grade daily-use articles, cars, housing, medical care
and entertainments was increasing.
In 2003 the Engel coefficient (i.e. the proportion
of food expenditure in the total consumption spending) per urban and rural
household decreased by 0.6 percentage point from the previous year. In
urban areas, the figure dropped to 37.1 percent from 57.5 percent in 1978,
and in rural areas it dropped to 45.6 percent from 67.7 percent in
1978.
In 2003 China produced 2.02 million cars, an
increase of 85 percent over the previous year. By the end of 2003 private
cars owned by individuals had reached 4.89 million, an increase of 1.46
million cars over the previous year.
In 2003 an additional 49.08 million households had
telephones installed in their residences, bringing the total number of
households with telephones to 263.3 million at the year's end. Also in
2003, new mobile phone users increased by 62.69 million, bringing the
total number to 268.69 million at the year's end. The number of fixed and
mobile phone users combined reached 532 million at the end of 2003. There
are now 42 telephones for every 100 people, putting China among the top
countries in terms of the pace and scale of development.
By the end of 2003 there were 30.89 million
computers throughout the country connected to the Internet, and the number
of households logging on came to 79.5 million, ranking China second in the
world.
The housing conditions and living environment for
urban and rural residents steadily improved over the past year. Housing
construction has increased at an annual rate of 20 percent in the past few
years. The per-capita housing area was 22.8 square meters by the end of
2002, and in rural areas it increased to 26.5 square meters. In urban
areas privately owned housing makes up at least 72 percent. Ninety-four
percent of the newly constructed houses in urban areas were purchased by
individuals. The standards for house decoration, decoration quality,
indoor air quality and housing environment are rising steadily.
In the meantime, China made continuous efforts to
solve the food and clothing problem of the impoverished population. The
state input for development-oriented poverty reduction programs in rural
areas increased from 24.8 billion yuan in 2000 to 29.9 billion yuan in
2003. This input was used to improve the production conditions for
agriculture and animal husbandry in impoverished areas, to build roads, to
spread compulsory education and eliminate illiteracy, to train farmers in
practical technology, to prevent and cure endemic diseases, to construct
farm fields, to build water conservancy projects and to provide drinking
water for both people and animals.
The per-capita income of farmers in the major poor
counties that the government aims to help increased from 1,277 yuan at the
end of 2001 to 1,305 yuan in 2003, and the size of the impoverished
population without adequate food and clothing in rural China decreased
from 250 million at the beginning of China's reform and opening-up program
in 1978 to 29 million in 2003.
China attaches great importance to protecting the
health and safety of its citizens. In 2003, faced with the sudden outbreak
of the SARS epidemic, the Chinese government made the people's health and
safety its top priority. It adopted a series of resolute and effective
measures, including the promulgation of the Emergency Regulations on
Public Health Contingencies and Measures for the Prevention and Treatment
of the Infectious Severe Acute Respiratory Syndrome, timely release of
information on SARS cases, and improvement of the SARS case reporting
system and measures for prevention and control of the epidemic.
State leaders went to SARS-affected regions many
times to investigate the epidemic conditions and console SARS patients as
well as doctors and nurses, and mobilized the whole nation to join in the
fight against SARS. The central and local governments earmarked more than
10 billion yuan to purchase medical equipment, medication and protective
gear, and to reconstruct hospitals.
SARS patients, both farmers and townspeople who had
financial difficulties, were treated free of charge, making sure that all
SARS patients were given hospital treatment. These measures effectively
reduced the death rate of confirmed SARS patients on the Chinese mainland
to 6.5 percent, lower than the world's average of nine percent.
In tackling the outbreak of the highly infectious
bird flu (avian flu) early this year, the Chinese government adopted many
effective measures, such as the killing and compulsory vaccination of
fowls. As a result, the disease was confined to the infected areas before
it could spread to other areas and infect human beings. By March 16, 2004,
the 49 cases of highly infectious bird flu incidents across China had been
eliminated, and people's life and health had been effectively
protected.
Meanwhile, the state adopted policies to give
reasonable compensation to poultry farmers who had suffered financially
during the epidemic. It also provided support to the poultry industry and
poultry enterprises with respect to loans, bank interest discount and
taxation, effectively protecting the interests of the farmers.
China has strengthened the prevention and treatment
of AIDS. It has established the State Council coordination meeting system
for the prevention and treatment of AIDS and venereal diseases. It has
also worked out China's Medium- and Long-Term Plan for the Prevention and
Control of AIDS (1998-2010) and China's Action Plan for the Control,
Prevention and Treatment of AIDS (2001-2005).
In the four years starting 2003, the Chinese
government will invest 1.75 billion yuan on the prevention and treatment
of AIDS. The state provides free anti-AIDS medicine to patients among
farmers and to other patients in straitened circumstances. In
AIDS-prevalent areas people can receive anonymous examinations free of
charge, and pregnant women with the AIDS virus can receive free medical
screening to prevent them from spreading the virus to the baby. Orphans of
AIDS patients are exempted from paying any fees required to attend school.
Financial support is given to needy AIDS patients.
On World AIDS Day, i.e., December 1, 2003, China's
Ministry of Health and a UN AIDS team jointly issued the Joint Evaluation
Report on AIDS in China, describing the spread of AIDS and efforts for its
control in China. On the same day, Premier Wen Jiabao visited AIDS
patients in hospitals, shook hands with them and talked to them. This was
designed to guide the public to correctly understand and control AIDS, and
eliminate prejudice against AIDS patients.
At the same time, the state worked out and
implemented the Plan for the Establishment of a National Public Health
Monitoring and Information System and the Plan for the Establishment of a
Medical Treatment System in Case of Public Health Contingencies. These
plans helped establish a sound early warning and emergency mechanism
concerning public health contingencies, a disease prevention and control
system and a health care law enforcement supervision system, thus further
improving the basic health care conditions for urban and rural
residents.
According to statistics, by the end of 2003 China
had 305,000 health care institutions, 2.902 million hospital and clinic
beds, 4.24 million medical professionals, and 3,600 disease prevention and
control centers (anti-epidemic stations) with 159,000 medical personnel.
Moreover, there were 755 health care supervision and examination
institutions with 15,000 medical personnel, and 45,000 township clinics
with 668,000 beds and a 907,000-strong professional staff.
As health care conditions improved, people's health
has also improved greatly. The average life expectancy of the Chinese
people has increased from 35 years before the birth of New China in 1949
to the present 71.4 years. The maternal mortality rate dropped from 1,500
out of 100,000 in the early 1950s to 43.2 out of 100,000 in 2002, and the
infant mortality rate from 200‰ before the birth of New China to 28.4‰. At
the same time, the incidence and death rates of infectious, local and
parasitic diseases have dropped drastically.
II. Targets and
Principles for Mineral Resources Protection and Rational Utilization
In the first 20 years of the 21st century, China will
build a well-off society in an all-round way, so the total demand for
mineral resources will continue to increase. China will strengthen its
survey, prospecting, exploitation, planning, management, protection and
rational utilization of mineral resources, implement the strategy of
sustainable development, take a new road to industrialization, and strive
to increase the ability of the mineral resources to guarantee its
socio-economic development. China will continue to increase the economic
returns, social benefits and environmental benefits of the mineral
resources to the full by implementing an effective policy concerning
mineral resources in accordance with the requirements of surveying and
exploiting mineral resources in an orderly way and with compensation,
striking a balance between supply and demand, optimizing composition, and
seeking intensive development and high efficiency.
China’s general targets for the protection and
rational utilization of its mineral resources in the early 21st century
are:
— To increase the ability of the mineral resources
to guarantee the building of a well-off society in an all-round way. We
shall raise the effective input into mineral resources prospecting and
exploitation, increase the range and depth of prospecting and
exploitation, strengthen the protection of mineral resources, and increase
their supply. We shall open still wider to the outside world and take an
active part in international cooperation. We shall also establish a
reserve system for strategic resources, lay up necessary reserves of
mineral resources vital to the national economy and the people’s
livelihood, and ensure the safety of the country’s economy as well as the
sustained and safe supply of mineral commodities.
— To promote the improvement of the ecological
environment of the mines. We shall reduce and control pollution and damage
to the environment of the mineral resources caused in the production links
of mining, dressing and smelting or refining and bring about a benign
cycle in the exploitation of mineral resources and protection of the
ecological environment; improve the laws and regulations for environmental
protection in mining areas, and exercise still stricter examination and
supervision over the law enforcement concerning the control of the
ecological environment of the mines; and increase publicity and education
to raise the awareness of the mining enterprises and the whole society
regarding the importance of resources environmental protection.
— To create a development environment for fair
competition. In light of the requirements for establishing a socialist
market economic system and the operation law governing mineral resources
exploration and exploitation, we shall further improve the laws and
regulations concerning the management of mineral resources; adjust and
perfect the policy on mineral resources; improve the investment
environment; provide excellent information service; and create an open,
orderly, sound and unified market environment in which all market subjects
can compete on an equal footing.
To attain the above targets, China will continue to
adhere to the following principles:
— Persisting in the strategy of sustainable
development. We shall implement the measures for protecting resources and
correctly handle the relations between economic development and resources
protection; exploit resources in the course of protection and protect them
in the course of exploitation; strengthen mineral resources prospecting;
exploit mineral resources in a rational way and economize on their
utilization; strive to increase efficiency in the utilization of
resources; and open a new road to industrialization featuring high
sci-tech content, good economic returns, low resources consumption, less
environmental pollution, and full play to the advantages of human
resources.
— Adhering to the orientation of reform toward
establishing a market economic system. Under the guidance of the state
industrial policy and plan, we shall give full play to the basic role of
the market in the allocation of mineral resources, and establish a
mechanism for optimum resources allocation combining government macro
control with market operation. We shall strengthen control over the total
quantity of mineral resources exploitation, foster and standardize the
prospecting and mining rights market, promote the diversification of
mineral resources exploration, exploitation and investment and the
standardization of business operation, and earnestly safeguard the
legitimate rights and interests of the state owners and the holders of
exploration and mining rights.
— Persisting in balanced development between
regional mineral resources prospecting and exploitation and environmental
protection. We shall work out unified plans and correctly handle the
relations between eastern and western regions, between well-developed and
less-developed regions, between prospecting and exploitation, between
state-owned mining enterprises and non-state-owned mining enterprises, and
between scale exploitation and excavation by small mines. We shall further
implement the strategy of large-scale development of the western regions,
accelerate exploration and exploitation of mineral resources in the
western regions, especially the dominant minerals and minerals in short
supply at home, support mining towns and old mines in their search for
substitute resources, and promote the balanced development of regional
economies and the healthy development of mineral resources prospecting and
exploitation. We shall persist in combining mineral resources exploitation
with attention to the interests of the regions inhabited by ethnic
minorities, and strengthen the protection, restoration and control of the
mining environment on the principle of putting prevention first and
combining prevention with control.
— Persisting in widened opening-up and cooperation
with other countries. We shall improve the investment environment,
encourage and attract foreign investors to prospect for and exploit
mineral resources in China. We shall promote international cooperation in
mineral resources, and make such cooperation mutually complementary and
beneficial in accordance with the rules of the WTO and international
convention.
— Persisting in making sci-tech progress and
innovations. We shall implement the strategy of rejuvenating the nation by
reliance on science and technology; strengthen efforts in tackling key
technological problems and popularizing and applying technological
achievements in the investigation and assessment of mineral resources and
their prospecting and exploitation and multipurpose use and in the
prevention and control of environmental pollution in mining areas;
strengthen the R & D of high and new technologies involved in the
development of new energy sources, new material technologies and marine
mineral resources; and improve basic research on new theories, new methods
and new technologies. We shall improve the quality of the workers; train a
contingent of sci-tech personnel with mastery of advanced scientific
theories and the ability to make innovations in mineral resources
prospecting and exploitation; and promote the transformation of the
prospecting and exploitation from a traditional industry to a modern
industry, from a labor-intensive industry to a technology-intensive
industry, and from extensive management to intensive management.
— Persisting in managing mineral resources strictly
according to law. We shall improve the legal system, endeavor to promote
administration according to law, and exercise stricter supervision and
control over mineral resources prospecting and exploitation. We shall
rectify and standardize the rules for mineral resources management, and
strive to advance mineral resources protection and rational utilization
along legal, standardized and scientific lines.
III. Increasing
the Domestic Capability of Mineral Resources Supply
China relies mainly on the development of its own
mineral resources and other natural resources to develop its economy. In
the course of building a well-off society in an all-round way, China will
first of all increase its domestic capability of mineral resources supply.
China still has big potentials for mineral resources prospecting and
exploitation. It has discovered more than 200,000 mineral deposits and
mineralized formations throughout the country. So far, only some 20,000 of
them have been explored and assessed. Since the 1980s, 72,000
mineralization abnormalities have been discovered, 25,000 of which have
been checked, resulting in the discovery of 217 mineral deposits. The
unchecked ones hold good prospects for mineral findings. The geological
work is still at a low level in the vast western regions and the outlying
zones in the eastern regions and the maritime areas under Chinese
jurisdiction, and there are many unknown areas. All these show the
directions for the work of prospecting for and exploiting domestic mineral
resources in China in the future.
The Chinese government, in accordance with the requirement for the
establishment of the socialist market economic system, has deepened the
reform of the system for mineral resources exploration, and carried out
the public and basic geological surveys and evaluation and the strategic
exploration of mineral resources on the one hand and the commercial
exploration of mineral resources on the other separately. In 1999, China
set up the China Geological Survey, which organized a new round of
large-scale survey of the land and resources, and initiated a basic
exploration plan, a mineral resources prospecting and evaluation project
and a resources survey and utilization technological development project,
with the emphasis on the basic geological survey and the evaluation of the
prospects for mineral resources in regions with a low level of geological
work, especially the exploration and evaluation of the mineral resources
potentials in the western regions and the exploration and evaluation of
mineral resources in short supply, so as to provide a scientific basis for
the planning work regarding mineral resources and administrative decisions
by the government, and to furnish basic geological information regarding
mineral resources for commercial prospecting. The strategic prospecting
for mineral resources with government investment has attracted investment
into commercial prospecting, and a number of areas with prospects of
mineralization have become hot spots for commercial investment.
The Chinese government encourages and gives active guidance to the
commercial prospecting that meets planning requirements, gears to market
demands and focuses on economic results. It encourages commercial
prospecting in central and western regions, remote and border regions and
regions inhabited by ethnic minorities, as well as other economically
less-developed regions with resources potentials. It encourages mining
enterprises to carry out commercial geological prospecting in the outlying
areas or the deeper formations of old mines with both market and resources
potentials, and to find new substitute resources. It encourages investors
to acquire exploration and mining rights, through fair competition, to
sites of mineral deposits founded after prospecting with government
investment. It encourages commercial prospecting for oil, natural gas,
coal gas, coal with low ash and low sulfur contents, and fine-quality
manganese, chromium, copper, aluminum, gold, silver, nickel, cobalt,
metals of the platinum group, and sylvite. It also encourages the
development of geothermal, mineral water and groundwater resources, in a
scientific, economical and rational way, while encouraging the use of
good-quality water for better purposes, and the prevention and control of
pollution.
China will take the following measures to increase the domestic
capability of mineral resources supply:
— Strengthen the exploration and exploitation of energy mineral
resources. China has an abundance of coal resources, and there will be no
major changes in the position of coal as China’s main energy source in the
near future. However, the energy structure with coal as its main source
causes serious air pollution, and some adjustments must be made to it.
China will make full use of its coal and hydro power resources, and
develop cleaning technologies for coal, including coal washing, dressing,
liquefying and gasifying technologies. The scale of coal production in the
eastern regions will be stabilized, stress will be laid on the development
of the coal resources in Shanxi and Shaanxi provinces and the Inner
Mongolia Autonomous Region, the coal resources in southwest China will be
exploited in a rational way, and the coal resources in Xinjiang, Gansu,
Ningxia and Qinghai will be exploited in an appropriate way. Greater
efforts will be made to exploit coal bed methane. China boasts fairly rich
oil resources, which, however, are insufficient to meet the demand. To
solve the problem of insufficient oil and gas supply, China will first
exploit and utilize its domestic oil and natural gas resources. Abundant
petroleum resources have been discovered in the western regions. The Tarim
and Junggar basins in Xinjiang, the Ordos Basin on the borders of Shaanxi,
Gansu, Ningxia, Inner Mongolia and Shanxi, and the Qadam Basin in Qinghai
all show great potentials for development. Important discoveries have also
been made in the Bohai Sea area. In exploration and exploitation of oil
resources, emphasis will be placed on prospecting work in the old
oilfields on the basis of exploiting the deeper formations in the eastern
regions, developing the oilfields in the western regions and accelerating
the exploration of offshore oil and gas resources; at the same time,
efforts will be exerted to make new discoveries in the new formations and
regions to increase the verified oil reserves and maintain a rational rate
of self-sufficiency in oil. In exploration and exploitation of natural gas
resources, emphasis will be placed on the Tarim, Ordos and Qadam basins,
and the Sichuan-Chongqing region along the west-east gas pipeline, as well
as the East China Sea Basin, to increase the reserves, raise the output
and gradually improve China’s energy structure.
— Strive for a rational distribution of regional geological exploration
and exploitation of mineral resources. The comparative advantages of the
mineral resources in the western regions are conspicuous, and their
distribution is concentrated, thus providing the resources foundation for
the formation of dominant pillar industries. Of the country’s 158 minerals
with proved reserves, 138 are found in the western regions. The more than
30 minerals found in the western regions, including coal, oil and gas,
sylvite, chromite, rare earths, phosphorus, nickel, vanadium, manganese,
copper, aluminum and zinc, have comparative resources advantages in the
country. With the implementation of the western development strategy, the
accelerated construction of infrastructure facilities and ecological
protection will help to connect quickly the resources and the
resource-related products of the western regions with the domestic and
international markets, thereby greatly improving the conditions for the
exploitation of mineral resources and the entry of mineral commodities
into the market. The Chinese government encourages the commercial
exploration of mineral resources, including oil, natural gas, coal gas,
high-grade coal, copper, gold, high-grade manganese, sylvite and
groundwater in the western regions, with emphasis on the resource-rich
areas, to promote the rational exploitation and deep processing of oil,
natural gas, non-ferrous metals, sylvite, phosphorus and other mineral
resources in the western regions and accelerate the change from resources
advantage to economic advantage. In the central and eastern regions,
emphasis will be placed on tapping the potentials of the mineral
resources, strengthening their multipurpose use and expanding their
processing industrial chain. Exploration of tungsten, tin, antimony, lead,
zinc and rare earth resources will be started in accordance with the
targets of the adjustment of the national industrial structure. Full play
will be given to the advantages of the central and eastern regions in
regional position and technologies in the exploitation of non-metallic
minerals, so as to raise the level of deep processing and the degree of
intensive utilization of non-metallic minerals, open new fields for their
application and increase the market competitiveness of the products. At
the same time, we will start the work of looking for substitute resources
in existing mines in the central and eastern regions. Maritime areas under
Chinese jurisdiction abound in mineral resources. The Chinese government
will continue to strengthen the prospecting and exploitation of oil and
gas resources in these areas and conduct research into other mineral
resources, and take an active part in the international activities of
seabed mineral resources research, prospecting and exploitation.
— Accelerate the structural adjustment of mineral resources
exploitation and utilization. The degree of intensiveness and
modernization of mineral resources exploitation in China is still somewhat
low, and it is necessary to optimize the structure, innovate technologies
and improve management in this regard. China will speed up the structural
adjustment of mineral resources exploitation and utilization, increase
productive capacity and raise efficiency. Through technological
transformation of mining enterprises and improvement of their management
mechanism, the Chinese government encourages the active introduction of
clean production, and the application of mature and high and new
technologies in mineral resources prospecting and exploitation, so as to
raise the level of prospecting and exploitation. We shall introduce scale
exploitation, raise the level of intensiveness and eliminate backward and
scattered mining capacity. Mining enterprises which operate without
licenses, cause environmental pollution, waste resources or do not have
the proper conditions for safe operation shall be closed down in
accordance with the law. Through market and policy guidance, we shall
develop mining enterprise groups with international competitiveness. We
shall continue to support and assist non-state-owned mining enterprises in
their development.
— Raise the level of multipurpose utilization of mineral resources. Of
China’s proved mineral resources, there are fairly large quantities of
low-grade resources which are still difficult of utilization under the
present technological and economic conditions. The exploitation and
utilization of these resources is an important way to solve the shortage
of mineral resources supply. The Chinese government encourages the
accelerated conversion of resources with poor economic workability into
resources of economic workability by strengthening the construction of the
necessary infrastructure facilities in the resource-rich regions,
improving the external conditions for the construction of mines, using
high and new technologies, and reducing the cost of exploitation. To
achieve multipurpose utilization of the country’s resources is one of
China’s important technological and economic policies on mineral resources
prospecting and exploitation. China carries out comprehensive prospecting,
overall evaluation, comprehensive exploitation and multipurpose
utilization of mineral resources. It encourages and supports mining
enterprises to exploit and utilize low-grade refractory resources, and
encourages and supports them to develop and use substitute or secondary
resources to increase the sources of resources supply and reduce
production costs. It encourages mining enterprises to pool efforts to
tackle difficult sci-tech problems and pursue technological transformation
for the multipurpose utilization of the “three wastes” (waste slag, waste
gas and waste liquid). It also encourages the recycling of scrap metals
and secondary resources, as well as the active exploitation of
non-traditional mineral resources. China issued the “Interim Provisions
Concerning Certain Questions on the Multipurpose Utilization of Resources”
in 1985, promulgated the “Opinions on Making Further Multipurpose
Utilization of Resources,” and published the “Catalogue of Resources for
Multipurpose Utilization” in 1996. It has adopted preferential policies
for the multipurpose utilization of mineral resources in the fields of
enterprise income tax and value-added tax, and it encourages mining
enterprises to raise the level of the multipurpose resources utilization
by reliance on scientific and technological progress and innovations.
— Save energy and reduce consumption. China encourages the development
of technologies for deep-processing of mineral products, new energy
sources and new material technologies as well as technologies and
technical processes that save energy, materials and water, reduce
consumption and raise the efficiency of resources utilization. We shall
develop renewable sources of energy and nuclear power, increase the use of
clean coal and CBM, and reduce the proportion of coal directly burned. We
shall develop new metals, new non-metals and substitutes for conventional
mineral materials and reduce the dependence of an economic society on
conventional mineral materials.
— Establish a system for the reserves of strategic mineral resources.
China will put the major strategic resources in the reserves order by
stages and in groups, on the basis of the present situation concerning the
supply and demand of mineral resources, as well as its national strength.
— Solve step by step the problem of substitute resources in old mines.
Some of the large and medium-sized state-owned mines in China have entered
their middle or late stages, and have insufficient substitute resources.
Some old mining enterprises can no longer continue their operations
because their resources are exhausted. The Chinese government will
increase its policy support for them by formulating rational financial and
tax policies in line with the characteristics of mineral resources
prospecting and exploitation, to create good external conditions for their
survival and development. We shall encourage large old mines to look for
substitute resources so as to prolong their service life.
IV. Widening the Opening of, and
Cooperation in, Mineral Resources Exploration and Exploitation
China will carry out its policy of opening to the outside world
unswervingly. It will take an active part in international cooperation in
the field of mineral resources to promote the exchange of domestic and
foreign resources, capital, information, technology and markets on the
basis of reciprocity and mutual benefit.
China implements the policy of encouraging foreign businesses to invest
in mineral resources prospecting and exploitation in the country. China
encourages domestic mining enterprises to cooperate with international
mining companies, draw on advanced international experience, import
advanced technology and operate in accordance with international
practices. China began to open its oil industry to the outside world in
1982 by using foreign capital and technology to prospect and exploit oil
and gas resources. As a result, the range of exploitation has been
extended, and the output of crude oil has risen by big margins. Now, China
has begun to participate in the exploitation of petroleum resources
outside the country. The Chinese government has already taken or will take
a number of new measures to further improve the environment for foreign
investment, widen the opening-up and strengthen international cooperation.
— Giving further encouragement to foreign businesses to invest in
China. China issued the “Opinions on Further Encouraging Foreign
Investment at Present” in August 1999, the revised “Directory of
Industries for Foreign Investment” in March 2002, and the “Catalogue of
Dominant Industries for Foreign Investment in the Central and Western
Regions” in June 2000. It clearly emphasizes that greater financial
support will be extended to enterprises with foreign investment;
encourages those enterprises to make technical innovations and increase
domestic purchases; encourages foreign investors to invest in the central
and western regions; and further improves the management and services for
enterprises with foreign investment.
— Further improving cooperation with foreign companies in prospecting
and exploiting oil and gas resources. In the field of oil and gas
resources, the Chinese government has always adopted the pattern of
cooperation with foreign companies through one “window” based on
product-sharing contracts, and this has been widely endorsed by foreign
oil companies. China issued the revised “Regulations on the Exploitation
of Offshore Oil Resources in Cooperation with Foreign Enterprises” and the
“Regulations on the Exploitation of Onshore Oil Resources in Cooperation
with Foreign Enterprises” in September 2001.
— Encouraging foreign businesses to make investment in exploration and
exploitation of other mineral resources. China issued the “Opinions on
Further Encouraging Foreign Businesses to Make Investment in Exploring and
Exploiting Mineral Resources Other Than Oil and Gas” in October 2000, thus
further opening the prospecting and mining rights market to allow foreign
businesses to start prospecting ventures with exclusive capital or in
cooperation with Chinese partners, and guarantees their legal priority
rights in exploiting the mineral resources of workable economic value in
the zones explored. The prospecting and mining rights obtained by foreign
businesses with such investment can be transferred according to law.
Foreign businesses which invest in exploiting and recovering paragenous
(associated) minerals, utilizing tailings, raising the rate of
multipurpose utilization and exploration and exploitation of mineral
resources in the western regions shall be entitled to reduction of or
exemption from mineral resources compensation fees under a preferential
policy. Foreign businesses which make exclusive investment or set up joint
ventures or cooperate with Chinese enterprises in exploiting mineral
resources, the exploitation of which is encouraged in the “Directory of
Industries for Foreign Investment,” shall be exempted from mineral
resources compensation fees for five years. It is stipulated that
governments at all levels shall not start joint ventures or enter into
cooperation with foreign investors in running mines, and in no way should
they make irrational economic demands on foreign investors, make
irrational inspections, requisition donations arbitrarily or collect
charges other than those stipulated in the laws and regulations.
— Further improving the environment for investment in exploring and
exploiting domestic mineral resources. The Chinese government sticks to
the protocol on its accession to the WTO and other relevant commitments by
annulling the administrative statutes and departmental rules incompatible
with the WTO rules and gives national treatment to foreign investors in
prospecting and exploitation. The Central Government shall guarantee the
consistent implementation of the policies, laws and regulations of the
state regarding mineral resources exploration and exploitation in all
parts of the country, and standardize the behavior of governments at all
levels in exercising management over foreign investment in running mines.
China has revised the rules for the management of geological data
according to the WTO’s principle of transparency, broadened the scope of
geological data to be released to the public, and established an open
information service system on mineral resources to ensure the availability
of public geological data for foreign investors. It has clarified,
simplified and standardized the approval procedure for foreign investment
in mineral resources prospecting and exploitation.
— Changing the import mechanism and operation mode. In the course of
taking the new road to industrialization and attracting foreign investors
to make investment in mineral resources prospecting and exploitation,
efforts will be made to shift from laying emphasis on importing funds only
to placing equal emphasis on importing funds, technology, modern
management and people with expertise, from the mere emphasis on bringing
in foreign funds in prospecting and exploitation to the establishment of
joint ventures and cooperation in the development of services and trade in
the mining industry, and from dependence chiefly on foreign loans and
direct foreign investment to the direct use of the international mining
capital market.
China will continue to strive for mutual supplement with other
countries in mineral commodities and promote the development of foreign
trade in mineral products by expanding its international trade in mineral
commodities according to the principle of reciprocity and mutual benefit.
The Chinese government shall formulate a unified policy on the import and
export of mineral products in accordance with the WTO rules and its
commitments on its accession to the WTO, coordinate, in a unified way, the
export of its dominant mineral products and the import of mineral products
in short supply, adjust the import and export mix of mineral products,
improve the economic results, and encourage the export of deep-processed
mineral products with high added value and the import of primary mineral
products. Direct import of mineral products will remain the chief way by
which China utilizes foreign mineral resources for a fairly long time to
come. The Chinese government shall gradually change the situation in which
the proportion of the spot trade in mineral commodities, including crude
oil, is too big at present, encourage the signing of long-term supply
contracts with foreign companies, and import minerals from diversified
sources. With regard to mineral resources in which China has advantages,
such as tungsten, tin, antimony, rare earths, fluorspar and barite, the
government will improve the export structure, increase the added value of
the export products, standardize the order of export business, and
actively urge the trade intermediary organizations to improve trade
coordination and self-discipline, and promote the healthy development of
the trade in domestic and foreign mineral products.
The Chinese government encourages domestic enterprises to take part in
international cooperation in the sphere of mineral resources, and in
exploration, exploitation and utilization of foreign mineral resources. It
will promote and protect investments in mineral resources prospecting and
exploitation outside China, and standardize the investment and business
operation behavior in accordance with international practices. It will
actively develop cooperation with foreign companies in geological survey
and mineral resources prospecting and exploitation, and promote bilateral
and multilateral exchanges and cooperation in the relevant scientific and
technological fields.
V.
Achieving the Coordinated Development of Mineral Resources Exploitation
and Environmental Protection
Mineral resources
prospecting and exploitation will change and affect the ecological
environment around the mining areas. The Chinese government attaches great
importance to environmental protection and the prevention and control of
pollution in the course of exploiting and utilizing mineral resources, and
strives for simultaneous development in mineral resources exploitation and
environmental protection and pollution control. Environmental protection,
pollution control and land rehabilitation in mining areas are explicitly
stipulated in laws and regulations China has published and implemented.
The Chinese government will continue to improve environmental protection
in mining areas, and strengthen the work in the following aspects:
— Continuing to adhere to the principle of placing equal stress on the
exploitation and utilization of mineral resources and the protection of
the ecological environment, by putting prevention first and combining
prevention with control. We shall strictly adhere to the system of
environmental impact evaluation reporting, the system of land
rehabilitation and the system of collecting fees for pollutant discharge
in mining areas. We shall strictly adhere to the system whereby the
construction of mines goes hand in hand with the designing, constructing
and commissioning of environmental protection facilities. Active guidance
will be given to enterprises in organizing clean and safe production in
the course of mineral resources prospecting and exploitation.
— Restricting the exploitation of mineral resources that produce
considerable negative impacts on the ecological environment. Strict
control will be enforced on prospecting and exploitation in national
conservation and other areas where the ecological conditions are weak.
Mineral resources exploitation is forbidden in national conservation,
important scenic areas and important geological protection areas, and
mineral resources exploitation in ecological protection areas is strictly
restricted. We shall strictly prohibit coking, metal refining and
smelting, sulfur and vanadium refineries with indigenous methods. We shall
restrict the building or rebuilding of mines producing coal with a sulfur
content exceeding 1.5%, and prohibit the building of mines producing coal
with a sulfur content exceeding 3%. We shall restrict the exploitation of
mineral resources in areas liable to geological disasters, and prohibit
the exploitation of mineral resources in areas with real danger from
geological disasters. Unauthorized exploitation of mineral resources
within a given distance on both sides of railway lines and major highways
is forbidden.
— Evaluating the impact on the ecological environment before starting a
new mineral resources exploitation project. Measures shall be taken to
protect the ecological environment, avoid or reduce adverse effects or
damage caused to the air, water, farmland, grasslands, forests and seas. A
program for the exploitation and utilization of mineral resources shall
include a plan for the protection of water and soil, a plan for land
rehabilitation, a plan for the prevention and control of geological
disasters in mining areas and an evaluation report on geological
environmental impacts. These documents shall be submitted for approval as
stipulated. We shall exercise stricter supervision and management over the
control of the “three wastes” in mines, and strictly control the discharge
of waste gas in accordance with the criteria stipulated by the state. We
shall strengthen the control of poisonous and harmful waste water and
other pollutants produced in mines, and offenders shall be severely dealt
with.
— Strengthening the investigation and monitoring of the environment and
the prevention and control of disasters in mining areas. The government
shall organize nationwide investigations and evaluations of the ecological
environment in mining areas. Mining enterprises shall strengthen
investigation, monitoring, forecasting and early warning of disasters
possibly induced in the course of the development of mines, promptly take
effective measures to prevent and control them, and submit monitoring
reports to the competent departments of the local governments. An
information network shall be established and emergency anti-disaster plans
shall be worked out to prevent sudden disasters at the maximum.
— Setting up a multi-source investment mechanism for environmental
protection in mining areas. We shall establish an agreement-honoring
system for environmental protection and land rehabilitation in mining
areas, and adopt government guidance and market operation to ensure the
effective restoration and improvement of the environment there. With
regard to abandoned mines and old mines, the state will strengthen the
restoration and improvement of the ecological environment on the basis of
demonstration projects, and encourage investment in this regard from
society at large. We shall set up an investment mechanism for
environmental control in mines still in production, with the mining
enterprises playing the leading role. The enterprises shall provide the
funds for environmental protection in new mines.
VI. Improving the Management of
Mineral Resources
In the past five decades and more
since the founding of the People’s Republic, China has gradually improved
the management of its mineral resources, putting it on legal, standardized
and scientific tracks.
— Enacting and gradually improving the laws and regulations on mineral
resources management. China has put in place a legal system for its
mineral resources, consisting of the “Mineral Resources Law” and other
relevant laws and regulations, with the Constitution as its foundation.
Since 1982, China has successively promulgated the “Mineral Resources
Law,” “Land Administration Law,” “Coal Law,” “Law on Safety in Mines,”
“Environmental Protection Law,” “Marine Environmental Protection Law” and
“Law on the Use and Management of Sea Areas.” The Chinese government has
also issued more than 20 supplementary statutes and regulations, including
the “Detailed Rules for the Implementation of the Mineral Resources Law,”
“Regulations on the Exploitation of Offshore Oil Resources in Cooperation
with Foreign Enterprises,” “Regulations on the Exploitation of Onshore Oil
Resources in Cooperation with Foreign Enterprises,” “Measures Governing
the Registration and Management of Areas for Surveying Mineral Resources,”
“Measures Governing the Registration and Management of Mineral Resources
Exploitation,” “Measures Governing Administration of the Transfer of
Prospecting and Mining Rights,” “Provisions on the Administration of the
Collection of Mineral Resources Compensation Fees,” “Interim Measures on
the Supervision and Control of Mineral Resources,” and “Regulations on the
Management of Geological Data.” The various provinces, autonomous regions
and municipalities directly under the Central Government have, in
addition, formulated relevant local statutes. These laws and regulations
have put in place China’s basic legal system for the management of its
mineral resources, and provided the legal guarantee for exercising
administration, managing mineral resources and operating mines according
to law.
— Deepening the reform of the mineral resources management system. To
constantly meet the requirements for economic restructuring, China has
reformed the mineral resources management system, changed and strengthened
government functions, and separated government functions from enterprise
and institution management. From 1950 to 1981, the former Ministry of
Geology and other relevant industrial administration departments exercised
management over the country’s mineral resources. The geological
departments chiefly performed the functions of organizing nationwide
geological survey and prospecting, managing the reserves of mineral
resources and controlling the collection and exchange of geological data,
while the relevant industrial administration departments were responsible
for the management of mineral resources exploitation. In 1982, the
Ministry of Geology changed its name to the Ministry of Geology and
Mineral Resources, and became responsible for the supervision and
management of mineral resources exploitation as well as the industrial
management of geological survey and prospecting. When the government was
reorganized in 1988 and 1993, it made further clear the four basic
functions of the Ministry of Geology and Mineral Resources — exercising
comprehensive management of mineral resources, exercising industrial
management of geological survey and prospecting, exercising supervision
and management of the rational exploitation, utilization and protection of
mineral resources, and exercising management of the monitoring, evaluation
and supervision work regarding the geological environment. The National
Mineral Resources Commission was established in January 1996 to strengthen
the centralized management function of the Central Government over mineral
resources and safeguard the rights and interests of the state as the owner
of the country’s mineral resources. The government was restructured again
in 1998, and the functions of mineral resources management belonging to
the State Planning Commission and the coal and metallurgical industrial
departments were transferred to the Ministry of Land and Resources, to
achieve the centralized management of mineral resources of the whole
country. At present, over 90% of the country’s prefectures and cities, and
more than 80% of the counties have set up land and mineral resources
administration organs.
— Strengthening the management of mineral resources planning. The plan
regarding mineral resources is the guiding document for the survey,
exploitation and utilization of the country’s mineral resources and the
basis for exercising macro control. The Chinese government is further
strengthening mineral resources planning, improving the planning system,
fixing strict planning responsibility, check-up, announcement, revision
and compilation and supervision systems, strengthening publicity work
concerning the plans, and setting up a system for ensuring the
implementation of the plans and information feedbacks, to guarantee the
fulfillment of the planned targets.
— Reforming the management system for mineral resources prospecting and
mining rights. The Constitution and the “Mineral Resources Law” of China
explicitly state that “mineral resources are owned by the state.” The
State Council exercises the state ownership of the mineral resources. At
the same time, China has reformed the management system for mineral
resources prospecting and mining rights, clearly defined the property
right attribute of the prospecting and mining rights, and established the
system of acquisition of the prospecting and mining rights with
compensation and the transfer of them according to law. China has
established a legal system whereby the holder of the prospecting right
enjoys priority in acquiring the mining right in the area explored, and
strengthened the exclusiveness of the prospecting and mining rights. It
has changed the limits of authority regarding giving approval to mineral
resources prospecting and exploitation and issuing the prospecting and
mining licenses. The prospecting and mining rights can be obtained with
compensation by such means as competition through bidding, auction and
listing. The transfer of prospecting or mining rights shall follow the
market rules, be subject to approval from government departments, and go
through the procedure for transfer according to law. The Chinese
government will continue to cultivate and standardize the prospecting and
mining rights market, and exercise stricter supervision and control over
the operation of the market in accordance with the requirements of clearly
defined ownership, complete rules, effective regulation and control, and
standard operation.
— Improving the system of compensation for the use of mineral
resources. China’s “Mineral Resources Law” clearly provides for the system
of compensation for the use of mineral resources. The Chinese government
started levying compensation fees for mineral resources from the holders
of mining rights in 1994, thus terminating the history of
compensation-free mining in China. The collection of the compensation fees
for mineral resources (fees for the use of mining areas in cooperative
development of petroleum resources offshore or onshore) embodies the
rights and interests of the state as the owner of the mineral resources,
and is conducive to establishing an economic incentive mechanism to
promote the protection and rational utilization of mineral resources. The
compensation fees for mineral resources collected by the Chinese
government are included in the state budget; they are specially managed
and used chiefly in mineral resources prospecting. Holders of mining
rights who conform to the stipulations of the laws and statutes shall have
their compensation fees remitted or reduced. The Chinese government has
stipulated that, beginning in 1998, it will collect fees for the use of
prospecting and mining rights, and the costs for the prospecting and
mining rights formed in the course of prospecting with state investment
from the holders of the prospecting and mining rights. Fees and costs for
the use of prospecting and mining rights shall be remitted or reduced for
mineral resources exploration and exploitation, which meet the
requirements, in the western regions, regions inhabited by ethnic
minorities, remote and poor regions designated by the government, and
offshore areas.
— Rectifying and standardizing the order of mineral resources
management. Good order in the mineral resources management is a
prerequisite for the protection and rational utilization of mineral
resources. Since the “Mineral Resources Law” was promulgated in 1986,
Chinese legislative organs have organized examinations on law enforcement
on many occasions. Since 1995, the Chinese government has rectified the
order of mineral resources management on a large scale throughout the
country, resulting in some improvement in the order of mineral resources
management. The Chinese government will continue to intensify supervision
over the enforcement of the law, rectify and standardize the order of
mineral resources management, strengthen supervision over production
safety, safeguard the rights and interests of the state as the owner of
mineral resources and the legitimate rights and interests of the holders
of prospecting and mining rights.
— Improving the services of the government departments. It is necessary
to improve the style of service and make the appropriate administrative
affairs known in accordance with the requirements of being open,
transparent, standardized and highly efficient. Mineral resources
administrative departments at all levels shall announce to the general
public on their work system, matters for approval, important documents,
standards and time limits, and subject themselves to public supervision.
They shall establish systems for internal joint hearings, handling
procedures or documents at windows, and ascertaining administrative
responsibilities. They shall establish a communiqué system, release
information on the mineral reserves and the progress in mineral resources
exploration and exploitation, and gradually make the geological data and
information known to the general public. They shall establish a system for
access to information so that the general public can promptly inquire
about the state plan, policies, laws and statutes concerning mineral
resources, and criteria for the classification of the reserves of the
resources, seek information on the registration of prospected areas, on
registration of exploitation, and rates of compensation fees for mineral
resources and ways of payment. At the same time, they shall make great
efforts to apply information technology, raise their work efficiency and
improve their services.
China is a developing country with a large population and a relative shortage of resources. China will continue to deepen the reform, widen the opening-up, develop the socialist market economy unswervingly, take the road of sustainable development, and rationally use and protect its resources. China will, as usual, take an active part in international cooperation for the development of resources and environment protection, and join hands with all other countries in the world in advancing boldly to achieve the sustainable development of human society.
Information Office of the State
Council of the People's Republic of
China
December 2003, Beijing
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