平等机会委员会

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International Conference on “Democracy and Human Rights in Africa” the Egyptian National Council for Human Rights in cooperation with United Nations Educational, Scientific and Cultural Organization (UNESCO) and International Centre for Human Sciences in

Comments on the Application of the Paris Principles to the Equal Opportunities Commission in Hong Kong, China(只備英文版)

03/12/2007
I.     Introduction
     
   
In Hong Kong, there is no equivalent of a national human rights commission.  Hong Kong is a Special Administrative Region of the People’s Republic of China.  The Equal Opportunities Commission (EOC) does not have the broad mandate that a national human rights commission elsewhere would normally be expected to have.  However, the EOC has been guided by the Paris Principles in performing its functions to the fullest extent permitted by its enabling legislation.
     
II.   Background
     
   
The EOC is a statutory body set up in 1996 to implement the anti-discrimination ordinances, namely, the Sex Discrimination Ordinance, the Disability Discrimination Ordinance and the Family Status Discrimination Ordinance.  A fourth piece of legislation, the Race Discrimination Bill, is undergoing legislative process at the present time.
     
   

[Paris Principles: Competence and Responsibilities, para 2: “A national institution shall be given as broad a mandate as possible, which shall be clearly set forth in a constitutional or legislative text……”]

     
   
Its role under the laws is to work towards the elimination of sex, marital status, pregnancy, disability and family status discrimination, sexual harassment, disability harassment and vilification, and to promote equal opportunities between men and women, persons with and without a disability and persons with and without a family status.
     
   
It is a publicly-funded independent body and is autonomous in the implementation of its regulatory functions.
     
   

[Paris Principles: Composition and Guarantees of Independence and Pluralism, para 2: “The national institution shall have an infrastructure which is suited to the smooth conduct of its activities, in particular adequate funding……”]

     
III.   Composition & Operations
     
   
The EOC has a full-time Chairperson and (up to) sixteen other Members, all of whom are appointed by the Chief Executive of the Hong Kong Special Administrative Region.  The other Members may be appointed on a full-time or part-time basis.  Each appointment shall be for a term not exceeding five years.  Members come from different backgrounds and professions representing a wide spectrum of interests in the community.  Public officials are not eligible for appointment.
     
   
The law provides that the EOC is not a servant or agent of the Government.  Staff members of the Commission are not part of the civil service.  The anti-discrimination ordinances bind the Government, other public bodies, private companies, as well as individuals.  As a consequence, the EOC operates independently in the discharge of its statutory functions, without interference from the executive authorities.
     
   

[Paris Principles: Composition and Guarantees of Independence and Pluralism, para 1: “The composition of the national institution……to ensure the pluralist representation of the social forces (of civilian society)……”]

     
   

[Paris Principles: Composition and Guarantees of Independence and Pluralism, para 3: “In order to ensure a stable mandate for the members of the national institution, without which there can be no real independence, their appointment shall be effected by an official act which shall establish the specific duration of the mandate……”]

     
   
The EOC has also been able to forge a strong partnership with other stakeholders, such as non-governmental organizations, the public and private sectors, in mainstreaming equal opportunities and hence, achieving a synergy effect.
     
   

[Paris Principles: Methods of Operation, para 1(f): “Maintain consultation with the other bodies……responsible for the promotion and protection of human rights……”]

     
   

[Paris Principles: Methods of Operation, para 1(g): “……develop relations with the non-governmental organizations……”]

     
IV.   Responsibilities
     
a.   Dealing with Complaints by Conciliation
     
   
One specific function of the EOC is to deal with complaints under the three anti-discrimination ordinances.  Anyone who feels that he or she has been discriminated against, harassed or vilified, may lodge a complaint in writing with the EOC, either personally or through representatives.  The complaints will be investigated, and parties will be encouraged to settle their disputes by conciliation.  The EOC officer will act as an objective facilitator and help both parties to explore various options to settle the case on terms which are mutually satisfactory.  The process is facilitative, confidential and, when agreement is reached, binding on the parties.  This is an efficient and effective mechanism to settle complaints, as evidenced by a conciliation successful rate as high as over 65%.
     
   

[Paris Principles: Additional Principles Concerning the Status of Commissions with Quasi-Jurisdictional Competence, para 1: “A national institution may be authorized to hear and consider complaints and petitions concerning individual situations.  Cases may be brought before it by individuals, their representatives, third parties, non-governmental organizations, associations of trade unions or any other representative organizations.……”]

     
   

[Paris Principles: Additional Principles Concerning the Status of Commissions with Quasi-Jurisdictional Competence, para 1(a): “……Seeking an amicable settlement through conciliation……”]

     
b.   Providing Legal Assistance
     
   
If a case is not conciliated, a complainant may apply to the EOC for legal assistance, which may include offer of legal advice or legal representation in further actions or court proceedings.  The EOC will consider the applications and legal assistance may be granted if it thinks fit to do so, in particular where the case raises a question of principle, or it is unreasonable to expect the complainant to deal with the case unaided.
     
c.   Conducting Formal Investigation
     
   
The EOC has power to initiate formal investigations to deal with systemic issues relating to equal opportunities either in view of complaints received or on any issues that it sees fit.  Reports with findings and recommendations given to the responsible bodies will be published, so as to raise the public awareness and make improvements on issues concerned.  One recent example is a formal investigation on accessibility in publicly accessible premises for persons with disabilities.
     
d.   Submitting Opinions and Reports
     
   
The EOC frequently makes submissions to the local legislature on equal opportunity issues discussed either upon invitation or on its own initiative.  Non-governmental organization reports are also submitted regularly to United Nations bodies to provide EOC’s views on the implementation of international conventions in Hong Kong.
     
   
Besides, the EOC produces a wide range of documents such as policy papers and research reports on equal opportunity issues with recommendations given to the responsible body.  Topics covered include not only general gender, disability and family status issues, but also topical issues such as stereotypes, web accessibility, employment, insurance, mental health, family-friendly employment policies and equal pay for work of equal value.
     
   

[Paris Principles: Competence and Responsibilities, para 3(a): “To submit to the Government, Parliament and any other competent body……opinions, recommendations, proposals and reports on any matters concerning the promotion and protection of human rights……”]

     
e.   Public Education
     
   
The EOC organizes a wide variety of awareness programmes to reach different sectors of our community, so as to raise their understanding and support towards equal opportunities to achieve positive change.  They include media campaigns, radio programmes, youth mentorship projects, debate competitions, photo competitions, roving exhibitions, community roadshows and drama performances, etc.
     
   

[Paris Principles: Competence and Responsibilities, para 3(g): “To publicize human rights and efforts to combat all forms of discrimination……by increasing public awareness……”]

     
   
Furthermore, the EOC offers funding to encourage non-governmental organizations, community groups and schools to initiate their own projects to promote the message of equal opportunities via the Community Participation Funding Scheme.  About 50 to 60 community projects are sponsored through this scheme each year.
     
   

Equal Opportunities Commission,

   

Hong Kong, China

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