Incorporating Responsibility: 2008

Beijing Olympic Action Plan



	Shi Tao


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	November 23, 2014

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Promises, Promises
[First printed in China Rights Forum, No.1 2005. Compiled by Elisabeth Wickeri, Amy Tai and Mary Ellen Payne.]

As host of the Olympic Games, China seeks to increase national economic and social development and "display to the world a new image of China," [1] and presents the Games as an opportunity to foster democracy, improve human rights and integrate China with the rest of the world. [2] In its Olympic Action Plan [3] promulgated in 2002, China outlined the phases of construction in the run up to the 2008 Games, and the standards to which it would hold itself in the governance and construction of venues, impact on Beijing's environment, increasing social and economic development and providing China's citizenry with greater access to information and technology. The goals and specific commitments that the government has adopted not only have implications for the smooth and successful operation of the Olympic Games, but also have the potential to impact on a number of China's international obligations, including its human rights obligations.

Despite human rights-related commitments as diverse as transparency and accountability, access to information and freedom of the press, poverty alleviation, an improved standard of living for all people, and compensation for evictions and health issues, the record to date raises serious compliance issues. The projected $37 billion in total costs[4] and the desire of Chinese leaders themselves to maximize the use of those funds for both city and national development[5] have created an important opportunity for the advancement of human rights concerns. At the same time, such an enormous expenditure of public resources requires transparency and accountability to combat corruption and waste.

While compliance with its Olympics commitments will not by itself solve the complex human rights challenges, failure to hold the Chinese government accountable for its commitments would undermine the legitimacy of the Olympics process and the Games themselves. In the next three years leading up to 2008, the preparatory process and the Games themselves must be monitored both for compliance with these commitments and in relation to China's other related international obligations, including those under the World Trade Organization (WTO), the International Covenant on Economic, Social and Cultural Rights (CESCR), the Convention on the Elimination of all forms of Racial Discrimination (CERD), and the Declaration of Principles and Plan of Action for the World Summit on the Information Society (WSIS).

The following table sets forth a preliminary assessment of the progress on key Olympics commitments that China has made, noting generally:

	China has committed to investing in the information society, and has begun to invest a great deal in building state-of-the-art facilities, but continues its crackdowns on freedom of expression;
	China has committed to using the Olympics to support economic development in Beijing and nationally, but the gap between urban and rural development continues to grow;
	China has committed to a "Green Olympics," yet concerns remain for already serious environmental problems;
	China has committed to investing in social development, but forced evictions related to venue construction and other issues have been reported; and
	China has committed to transparent governance throughout the Olympics process, but there has been no complete and open assessment to date.

In the lead up to 2008 there are a number of areas in which various actors can take responsibility for advancing human rights. We outline the following as illustrative challenges and opportunities that can provide a road map for each actor in relation to the issues above:

1. Chinese Government

In the interest of transparency, make public the Beijing City Contract to facilitate third party assessments of compliance;

Ensure that official policies and Olympics preparations do not violate other related international obligations:

Example: Olympics commitment to expanding health services in Beijing must be implemented in light of both:
	Commitments under the WTO to liberalize services;[6]
	Obligations under the ICESCR to ensure that the right to the enjoyment of the highest attainable standard of physical and mental health is applied to all without discrimination.[7]

Example: Olympics commitment to making information available to all must be implemented in light of both:
	Commitments as signatory to the ICCPR regarding rights to freedom of expression and information;[8]
	Commitments as a participant in the WSIS to make the information society people-centered, development-oriented and inclusive.[9]

Monitor the work of the Beijing Organizing Committee for the Olympic Games (BOC)—request the preparation of a progress report that will be made publicly available;

Ensure that law enforcement is trained in preparation for the Games to appropriately handle peaceful protests and other civil society activities;

Use the economic opportunities presented by the Games to benefit the national economy, with a focus on disadvantaged groups;

In carrying out the commitments China has made to market economy and economic development, policies should be informed by important emerging policy guidelines and trends that reference human rights obligations, for example those issued by the Office of the High Commissioner for Human Rights on trade, investment, IPR and human rights.[10]

2. Other Governments

Monitor the work in Beijing of corporations based in their home countries to ensure compliance with all laws on corruption and other applicable cross-border laws;

Ensure the continued implementation of a coherent international legal system by holding themselves and China to international human rights standards;

Develop more coherent and effective policy interfaces between their multilateral and bilateral interventions and roles, including:
    · UN Commission on Human Rights;
    · Trade missions and trade policy;
    · Technical assistance programs;
    · Human rights dialogues.

Develop more coherent and effective policy interfaces between their trade and human rights agencies and offices.

3. The Business Community

Conduct careful and transparent monitoring of Olympics-related business;

Sectoral assessment of all involvement in the Olympics, including:
    · Contracting practices;
    · Advertising;
    · Construction of venues;
    · Creation of infrastructure;
    · Service provision.

Link assessment to relevant international standards, including the UN Business Norms[11] recognizing that corporations also have a responsibility to promote and secure human rights;

Develop "best practices" that target specific industries and integrate the international human rights framework into the conduct of business in China. [12]

4. NGOs/Civil Society

Monitor and report on key areas of human rights concern, including:
· Access by reporters and NGOs to all aspects of Olympics planning;
· Incidents related to Olympics preparation that impact human rights, such as forced evictions or detention of peaceful protesters.

Demand the release of journalists, lawyers, protesters and other human rights defenders imprisoned for violations of freedom of speech and peaceful exercise of the right to protest;

Share information and collaborate.

5. International Olympics Committee (IOC)

Monitor the work and progress of the BOC;

Direct the BOC, through the IOC Coordination Commission, to prepare and publicly issue an annual comprehensive report of progress for the last three years in each of the areas of commitments made by the end of 2005;

Circulate statement of progress within civil society and other concerned parties, requesting feedback and assessment;

Facilitate the disclosure of the Beijing City Contract for third party assessments of compliance.

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ENDNOTES

[1] Beijing Olympic Action Plan, p. 4.

[2] Chinese Olympic Committee, Asian Economic News, July 23, 2001; Liu Jingmin, a key Olympic official, The Washington Post, "China Using Rights Issue To Promote Olympic Bid; Potential Gains Cited As Inspectors Arrive," February 21, 2001.

[3] Beijing Olympic Action Plan, March 2002, available at http://olympic.bjinvest.gov.cn/english/plan/index.jsp.

[4] Reuters, August 31, 2004.

[5] Chinese Olympic Committee, Review of Major News about Preparation for Beijing Olympics, Januaury 9, 2005, at http://en.olympic.cn/08beijing/bocog/2005-01-10/453866.html.

[6] World Trade Organization, Accession of the People's Republic of China, Decision of November 10, 2001, WT/L/432, November 23, 2001.

[7] CESCR article 12. China ratified the Covenant on March 27, 2001.

[8] ICCPR articles 18 and 19. China signed the Covenant on October 5, 1998.

[9] Statement by H.E. Mr. Wang Xudong, Minister of Information Industry, PRC, at the WSIS, December 10, 2003, available at http://www.itu.int/wsis/geneva/coverage/statements/china/cn.pdf.

[10] See, e.g., E/CN.4/Sub.2/2003/9, July 2003, available at http://ap.ohchr.org/documents/dpage_e.aspx?s=115.

[11] Business Norms on the Responsibilities of Transnational Corporations and Other Business Enterprises with Regard to Human Rights, Approved August 13, 2003, by UN Sub-Commission on the Promotion and Protection of Human Rights resolution 2003/16, UN Doc. E/CN.4/Sub.2/2003/L.11 at 52 (2003).

[12] For an example completed for the information technology sector, see Sharon Hom and Amy Tai, Human Rights in China, "Human Rights and Spam: A China Case Study," in Spam 2005: Technology, Law and Policy, Center for Democracy & Technology, Washington, D.C., February 2005, at http://www.cdt.org/speech/spam/spam2005/spam2005.pdf.

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