October 2, 2002

President George W. Bush
The White House
Washington, DC

Dear Mr. President,

We are writing in our capacities as the Chair and Co-Chair, respectively, of the Congressional-Executive Commission on China, established by the United States-China Relations Act of 2000 to monitor human rights and the development of the rule of law in China. In a separate letter today, we transmitted to you and to the Congressional leadership our first annual report.

Your meeting later this month with Chinese President Jiang Zemin provides an important opportunity to raise the issue of human rights and ask the Chinese government to take specific actions to improve human rights conditions in China. We recommend that you raise the following points with President Jiang:

  • China has signed, but not ratified, the International Covenant on Civil and Political Rights, which sets forth nations' the obligations to guarantee basic civil and political rights of their citizens. We recommend that you urge President Jiang to direct his government to complete ratification.


  • The United Nations Special Rapporteurs are an important part of multilateral efforts to ensure respect for human rights. We recommend that you urge President Jiang to cooperate fully with the Special Rapporteur on Torture and to invite the Special Rapporteur on Religious Intolerance to China for a follow-up visit.


  • There are many Chinese in prison for committing "counterrevolutionary crimes." In light of the fact that this crime was removed from China's criminal code in 1997, we recommend that you urge President Jiang to direct that there be a comprehensive review of those imprisoned for counterrevolutionary crimes.


The Commission also recommends that you express to President Jiang this nation's deep concern about the following prisoners, who are representative of the many individuals currently detained in violation of their fundamental human rights, and urge that they be released:

  • Xu Wenli previously served a 12 year prison term for his involvement in the 1979 Democracy Wall Movement, and was sentenced to a 13 year prison term in 1998 for exercising his internationally recognized rights to freedom of expression and association in founding the China Democracy Party. He is now in poor health.


  • Religious freedom is severely restricted in China. Bishop James Su Zhimin reportedly was arrested in 1997 and is one of at least 33 Catholic clergy arrested, detained, or placed under house arrest in recent years. Pastor Gong Shengliang was sentenced to death last year on charges of "establishing a cult organization."


  • Internationally recognized labor rights, including freedom of association, the right to collective bargaining, and the right to strike, are frequently violated in China. Xu Jian, a labor lawyer, was imprisoned for "incitement to overthrow state power" for advising workers about their rights under Chinese labor laws.


  • An independent criminal defense bar is vital to the integrity of a rule of law system and to the protection of human rights and social well-being in any society. Zhang Jianzhong, a lawyer known for his skillful defense of high-profile criminal defendants, was arrested in June 2002 on charges of making a false statement in a commercial case. Observers believe, however, that the authorities are punishing Mr. Zhang for his vigorous criminal defense work.


  • Organization at the grassroots level is highly scrutinized in China and has been particularly restricted within the Uighur community in Xinjiang. Rebiya Kadeer, a successful Uighur businesswoman and grassroots activist who worked to address Uighurs' social concerns in Xinjiang, was arrested in August 1999 while she was on her way to meet a visiting Congressional staff delegation and sentenced to eight years in prison in March 2000.


  • The freedoms of speech, assembly, procession, and demonstration are sharply curtailed in China, and peaceful actions are often treated as dire threats to national security and unity. Ngawang Sangdrol, a Tibetan nun first jailed for taking part in a non-violent political demonstration as a thirteen-year old, was returned to prison at fifteen for similar action. She is now serving a sentence of more than 20 years and is reported to be seriously ill.


Meaningful action by the Chinese government on these recommendations would represent real progress in human rights, be welcomed throughout the world, and would strengthen the relationship between our two nations.

We wish you every success in your meetings with President Jiang.

Sincerely,
Max Baucus Doug Bereuter