III. Monitoring Compliance With Human Rights

III(g) THE ENVIRONMENT

State of the Chinese Environment | Government Response to Environmental Degradation | Public Participation in Environmental Protection

FINDINGS

• The Chinese government promotes conservation, recycling, and the use of renewable energy sources to address environmental degradation and the depletion of natural resources. Weak environmental laws, poor enforcement, and small government budgets for environmental protection hamper these efforts.
• The Chinese government promotes international cooperation on environmental matters, and is receiving foreign technical assistance for environmental projects in China.

State of the Chinese Environment

Rapid development without effective environmental safeguards has resulted in severe environmental degradation. Poor soil and water conservation practices and government inattention to polluting industries exacerbate these problems. Many Chinese citizens suffer from respiratory diseases caused by air pollution.¹ Acid rain affects about one-third of the country.² Deforestation and erosion leading to loss of arable land, landslides, and sedimentation of waterways are widespread.³ Water pollution and poor conservation practices have led to water shortages in many areas, leaving millions in urban areas and one-third of the rural population without access to clean drinking water.⁴

Government Response to Environmental Degradation

The Chinese government is pursuing sustainable development domestically by encouraging recycling, conservation, and the use of renewable energy resources.⁵ Externally, Chinese officials favor international technology transfers and seek cooperation with international environmental protection agencies and groups.⁶ These are positive measures, but Chinese authorities continue to overlook environmental protection provisions already present in national development plans,⁷ compounding problems with China's weak and poorly enforced environmental laws.⁸ In June 2005, the State Environmental Protection Administration (SEPA) identified a number of continuing barriers to environmental protection in China, including gaps in environmental legislation, the absence of time limits for compliance, delays in issuing laws and regulations governing administrative permits and environmental inspections, a lack of provisions governing legal responsibility for environmental violations, a single category of administrative punishment for polluters specifying a relatively small fine, and a lack of enforcement authority among environmental protection departments.⁹

Despite these problems, SEPA has demonstrated an inclination to enforce laws that may pit the agency against the central government and Party leadership. In January 2005, SEPA officials halted 30 construction projects for violating the Environmental Impact Assessment (EIA) Law and ordered 46 polluting power plants to install desulphurization equipment.¹⁰ Three of the 30 projects are managed by the Three Gorges Development Corporation and are part of national development plans promoted by the central leadership. The projects were only halted for a short time, but SEPA's efforts to enforce the EIA Law have continued.¹¹

SEPA has taken other steps to improve China's environmental legislation and environmental policymaking. SEPA has called for revisions to China's environmental laws, including some provisions that would increase the accountability of polluters and government officials for environmental degradation¹² and would establish an environmental public interest prosecution system.¹³ Some of these efforts have generated support within the National People's Congress.¹⁴ In February 2005, SEPA called for an environmental protection fund in the national budget, citing insufficient investment as a hindrance to its work.¹⁵ SEPA also announced that the Chinese government will encourage foreign investment in environmental protection.¹⁶ Finally, SEPA suggested incorporating environmental issues into the evaluation of local officials, and began a trial "Green GDP" program to include the cost of environmental degradation in the calculation of local GDP.¹⁷

Public Participation in Environmental Protection

SEPA has sought public support in environmental protection work and has encouraged and supported environmental NGO activism.¹⁸ In 2005, SEPA held a public hearing to encourage citizen interest and NGO activism.¹⁹ Although the hearing participants were pre-selected and pre-screened,²⁰ the promotion of citizen involvement in government decisionmaking is an uncommon phenomenon in China.²¹ The National People's Congress has taken steps to consider expert opinion in drafting environmental legislation.²² NGOs have provided expert opinions on the drafting and revision of laws such as the Renewable Resources Law.²³

Chinese environmental NGOs are broadening their focus beyond initial efforts at public education and awareness.²⁴ In recent years, Chinese environmental groups have assisted pollution victims in pursuing redress through the legal system, lobbied businesses to adopt energy efficiency codes, and mobilized public participation in and support for environmental protection.²⁵

Official efforts during 2005 to impose greater control over environmental NGOs is threatening to stifle environmental activism. In May 2005, the Chinese government created the All-China Environment Federation, a national federation of Chinese environmental NGOs,²⁶ asserting that the new organization would ensure better cooperation on environmental matters between government agencies. But the government compelling SEPA and domestic NGOs to operate within a larger, state-controlled organization may limit their ability to challenge central government environmental or development policies [see Section V(a)—The Development of Civil Society, for a discussion of the role of mass organizations in Chinese society].

Notes to Section III(g)—The Environment

1 "Pollution, Urbanization Threaten Health of East Asian People: World Bank," Xinhua (Online), 22 April 05. "Polluted Fog Leaves a City Gasping," South China Morning Post, 8 April 05 (FBIS, 8 April 05). "Those Hazy Days of Spring in Beijing," South China Morning Post, 7 April 05 (FBIS 7 April 05). "China's Environmental Suicide," New Delhi Swadeshi Patrika, 1 May 05 (FBIS 6 July 05).

2 "China To Build Wind Farms Offshore," China Daily (Online) 16 May 05.

3 "Reckless Human Activity Blamed for Frequent Mountain Torrents," Xinhua (Online), 23 June 05. "World Research Group on Erosion Founded in China," People's Daily (Online), 20 October 04.

4 "Growth Leaves Country High and Dry," China Daily (Online), 28 December 04; "Thirsty Countryside Demands Safe Water," Ministry of Water Resources Web site, 23 March 05.

5 "Clean Energy Crunch Time," Beijing Review (Online), 31 March 05; "China Drafts Vision 2010 for Cyclical Economy," People's Daily (Online), 26 May 05.

6 "China, U.S. Launch Program to Reduce Vehicle Emissions," Agence France-Presse, 17 November 04 (FBIS, 17 November 04); "Deputy Secretary Zoellick Unveils Asia-Pacific Energy Initiative," U.S. Department of State (Online), 28 July 05; "EU and China Partnership on Climate Change," EUROPA (Online), 2 September 05.

7 "Delays Hit Treatment Facilities on Water Line," South China Morning Post (Online), 23 March 05; National Development and Reform Commission, Full Text: Report on China's Economic and Social Development Plan, People's Daily (Online), 15 March 05.

8 "Those Who Violate Environmental Law will Increasingly Be Criticized by Name" [Weifan huanjing fagui yihou dianming piping hui yuelaiyue duo], People's Daily (Online), 1 June 05.

9 Ibid.

10 "All 30 Law-Breaking Projects Building Stopped," China Daily (Online), 3 February 05; "Environmental Bureau Issues Notice of Fine and Demand for Corrective Measures to Three Gorges Corporation" [Guojia huanbao zongju xiang san xia zonggongsi fachu xianqi zhenggai he xingzheng chufa tongzhishu], Beijing News (Online), 1 February 05; "Recast: China Blacklists 46 Thermal Power Plants for Threatening Environment," Xinhua (Online), 27 January 05.

11 "China Halts Construction of Six Large Aluminum Projects," Xinhua (Online), 28 April 05; "Old Summer Palace Must Complete an Environmental Impact Assessment in 40 Days" [Yuanmingyuan jiao huanping xianqi 40 tian], Beijing News (Online), 9 May 05.

12 "The 'Environmental Assessment Storm' Is Normal Enforcement of the Law" ["Huan ping fengbao" shi zhengchang zhifa jiandu], Beijing News (Online), 14 March 05. SEPA's focus appears to be on increasing sanctions and fines for government officials and industry leaders when they fail to comply with environmental laws.

13 "Those Who Violate Environmental Law Will Increasingly be Criticized by Name," People's Daily; "Public Interest Litigation: Environmental Suits—The Tool To Resolving Problems, But Which Hasn't Taken Off Yet" [Gongyi susong: huanbao guansi jiekun zhi men jiang qi wei qi], 21st Century Business Herald (Online), 5 February 05; "An Example of a Difficult Environmental Lawsuit: The People on the Outskirts of the Yellow Phosphorous Factory" [Yi ge huanjing susong kunjing yangben: huanglin chang zhoubian de naxie renmin], 21st Century Business Herald (Online), 5 February 05. Senior SEPA officials have expressed support for a system allowing environmental NGOs, not merely state prosecutors, to bring lawsuits on behalf of the public.

14 "Those Who Violate Environmental Law Will Increasingly be Criticized by Name," People's Daily. SEPA officials are currently coordinating revisions of the Water Pollution Prevention Law. "The National People's Congress is Going to Use Legislation to Endow People With Environmental Rights" [Quanguo ren da jiang lifa fuyu gongmin huanjing quan], Xinhua (Online), 1 June 05.

15 "Environmental Protection Fund Worthy," China Daily (Online), 3 February 05. The effectiveness of the proposal will depend on management of funds and assessment of taxes and adjusted prices that is free from favoritism or unfair bias.

16 "Foreign Investment Welcomed in Environmental Protection," Xinhua (Online), 18 May 05. "Let Investors Help With Environment Protection," China Daily (Online), 29 April 05.

17 "Beijing Will Begin Experimenting With Green GDP This Year" [L se GDP Beijing shidianjinnian qidong], Beijing News (Online), 1 March 05; "The 'Environmental Assessment Storm' is Normal Enforcement of the Law," Beijing News.

18 "China Dedicated to Realizing 'Green Growth:' Official," Xinhua (Online), 28 March 05; "SEPA Vice Director Pan Yue: The Summer Palace Incident Is Only the Beginning" [Guojiahuanbao zongju fu juzhang Pan Yue: Yuanmingyuan shijian zhi shi yi ge kaishi], Southern Daily (Online), 18 April 05; "Growing From Grassroots: Environmental NGOs Are Having a Growing Impact on Development," Beijing Review (Online), 25 November 04; "Chinese College Students Work in NGOs For Environmental Protection," Xinhua (Online), 27 March 04.

19 "SEPA Vice Director Pan Yue: The Summer Palace Incident Is Only the Beginning," Nanfang Daily; "Chinese Public Want Greater Say on Environmental Issues," Xinhua (Online), 12 April 05.

20 "73 People Obtain Permission to Participate in the Old Summer Palace Public Hearing" [73 ren huozhun canjia Yuanmingyuan tingzhenghui], Beijing News (Online), 13 April 05.

21 SEPA officials used the controversy to highlight problems with enforcement of the Environmental Impact Assessment (EIA) Law and work to address weaknesses in the EIA industry. "Those Who Violate Environmental Law will Increasingly Be Criticized by Name," People's Daily; "SEPA to Re-Organize 800 Environmental Impact Assessment Bodies" [Huanbao zongju zhengsu 800 jia huanping jigou], 21st Century Business Herald (Online), 23 May 05; "Since the Environmental Impact Assessment (EIA) Body Did Not Accept the Old Summer Palace Assessment Project, the Statutes of the Environmental Impact Assessment Law Will Be Examined for Deficiencies" [Cong huanping jigou bu jie Yuanmingyuan de hua kan huanping fa fal queshi], Chinalaw.Net (Online), 13 May 05.

22 "The National People's Congress is Going to Entrust Citizens With Environmental Rights," Xinhua.

23 "Renewable Resources Law Released—China Is Undertaking Resource Reform" [Ke zaisheng nengyuan fa chutai—zhongguo jinxing nengyuan geming], 21st Century Business Herald (Online), 2 March 05.

24 "Growing From Grassroots: Environmental NGOs Are Having a Growing Impact on Development," Beijing Review.

25 Environmental NGOs in China: Encouraging Action and Addressing Public Grievances, Staff Roundtable of the Congressional-Executive Commission on China, 7 February 05, Written Statement and Testimony of Elizabeth Economy, C.V. Starr Senior Fellow and Director of Asia Studies, Council on Foreign Relations.

26 "Government Turns Up NGO Volume," China Daily (Online), 26 April 05; "New NGO Founded To Rally All Chinese People Against Worsening Pollution," Xinhua (Online), 23 April 05.